Or LUBA 21 (2004). Thus, the existing state of circumstances was an approved 1995 CUP and a <br />remanded 2002 CIR housing application. <br />The remanded CIR housing application sat unaddressed for many years. A recent change <br />in state law requires such lingering applications to be processed or abandoned. The applicant <br />therefore asked that the 2002 CIR housing application be processed. The applicant realizes that <br />CIR housing cannot be approved on Zone 6 unless Zone 6 is removed from the 1995 cemetery <br />CUP. In order to remove Zone 6 from the 1995 CUP, the applicant must obtain approval of a new <br />CUP for the cemetery; and the applicant has apparently begun the process of seeking a new CUP. <br />Normally, the applicant would obtain the new CUP for the cemetery that would remove Zone 6 <br />before applying for the CIR housing, but because the new statute requires action on the remanded <br />CIR application within a certain time the CIR CUP must proceed before obtaining a new CUP for <br />the cemetery. The applicant realizes that approval of the CIR CUP would require a condition of <br />approval requiring approval of a new CUP for the cemetery removing Zone 6 from the 1995 CUP. <br />The proposed CIR CUP application request is for approval of 172 units consisting of 12 <br />studio units, 36 one-bedroom flats, 92 two-bedroom flats, 20 two-bedroom townhouses, 12 three- <br />bedroom townhouses, and one community building. The applicant does not intend to develop the <br />CIR housing but rather to work with an experienced developer of affordable housing to complete <br />the project. Because the applicant is not planning on developing the project independently, some <br />of the details of the proposed development are not as specific as if the application were being <br />submitted by the developer. The proposed development would construct Cathedral Way running <br />in a roughly U-shape from Willamette Street on the east, along the southern portion of Zone 6, and <br />connecting to West 40`h Avenue on the west, which would then connect to Braeburn Drive further <br />to the west. The residences would be constructed along Cathedral Wav. Although some of the <br />existing trees would remain. many of the trees in the 75-foot buffer would be removed. Cathedral <br />Way would run along the southern boundary of the property but would still have some buffer. <br />When Cathedral Way turns north and runs along the western boundary, however, the developed <br />area would be adjacent to the property line. A creek crosses the property in the southwest portion <br />of the property. The creek is piped on both sides of the property but is not piped on the property. <br />The application seeks to pipe the rest of the creek, and to use collected surface water and storm <br />water for irrigation purposes. <br />Hearings Official Decision (CU 02-4) 3 <br />