CONDITIONS OF APPROVAL <br />1. As allowed by EC 9.718, the CfR CUP shall terminate unless an application for a <br />development permit needed to implement the CIR CUP is applied for within 7 years of the <br />effective date of approval. Thereafter, an application for a development permit needed to <br />implement the CIR CUP for each subsequent phase must be applied for not later than 7 <br />years after the completion of construction of the preceding phase. The CIR CUP will <br />terminate with respect to any phase for which an application for a development permit is <br />not applied for within the foregoing time limitations. For purposes of this condition, the <br />"effective date of approval" is the date of all appeals, challenges, and/or suits related to the <br />approval or denial of this CIR CUP and to the cemetery CUP required under these <br />conditions of approval. <br />2. The property may be developed with up to 172 units of controlled income and rent housing <br />with associated parking and other development described or depicted in the application and <br />materials submitted in support thereof (CIR CUP). Development may occur in one or more <br />phases. Except for the limitation of not more than 172 total units and the development <br />impact area described in these conditions of approval, the site plan is conceptual in nature, <br />is not binding, and the actual development may differ. The timing, size, mix of units, the <br />number, location, and development to be included in each phase and all other matters <br />pertaining to development of the approved CIR CUP are to be detennined by the applicant. <br />The applicant is not is not required to develop all of the approved CIR CUP. Property not <br />developed with development approved under this CIR CUP may be developed for other <br />uses provided that the applicant first modifies the footprint of the CIR CUP to remove such <br />property. <br />3. The CIR CUP property will be developed solely with CLR housing as defined in the 2002 <br />Eugene Code at EC 9.015. If the applicant seeks to develop non-CIR housing on the <br />property, or to change the use in such a manner that it no longer complies with the definition <br />of CIR housing in EC 9.015, the applicant shall obtain any necessary land use approvals <br />and/or permits. <br />4. Before a development permit to construct any of the 172 units may be issued, a new <br />cemetery CUP shall be obtained so that the area of the property developed with CIR <br />housing lies outside the footprint of the cemetery CUP. The CIR CUP may share facilities <br />Hearings Official Decision (CU 02-4) 13 <br />