LAW OFFICE OF BILL KLOOS PC <br />OREGON LAND USE LAW <br />375 W. 4T"AVENUE, SUITE 204 <br />EUGENE, OR 97401 <br />TEL: 541.343.8596 <br />WEB: WWW.LANDUSEOREGON.COM <br />BILL KLOOS <br />BILLKLOOS u, LANDUSEOREGON.COM <br />August 11, 2016 <br />Eugene Planning Commission <br />c/o Eugene Planning and Development <br />Atrium Building <br />99 West 10th Ave. <br />Eugene, OR 97401 <br />Re: Cathedral Park (CU 02-4); <br />Applicant's Appeal of Hearings Official Approval with Conditions to Planning <br />Commission <br />Dear Commissioners: <br />This appeal concerns an application for a conditional use permit to construct 172 units of <br />controlled income and rent (CIR) housing on the southermnost 15.8 acres of Rest-Haven <br />Memorial Park Cemetery, which is undeveloped and is located west of Willamette Street and <br />north of Braeburn Drive. <br />This appeal is very narrow, but the lone appeal issue is enormously important: <br />Does ORS 227.178(3)(a) (i.e. the "goal post rule") lock in the standards and <br />criteria that were in effect at the time the CIR CUP application was submitted in <br />2002, or may the City apply subsequently adopted land use regulations such as the <br />Multi-family standards (EC 9.5500), post-2002 storm water regulations (EC <br />9.6790-.6797), water resources conservation overlay (EC 9.4910), and traffic <br />impact analysis (EC 9.8670)? <br />The Hearings Official approved the application with conditions. However, the Hearings <br />Official declined to address a key issue raised by both the Applicant and the City. Since the <br />Hearings Official declined to address the goal post rule issue he also omits a key proposed <br />condition that the Applicant and developers of affordable housing in Eugene believe is essential <br />in order to actually develop the subject property with affordable housing. <br />The Applicant respectfully requests that the Plarming Commission make a finding specifically <br />addressing the applicability of the goal post rule and add the following condition of approval to <br />the Hearings Official's approval with conditions of CU 02-4: <br />"ORS 227.178(3)(a) applies to this CIR CUP and all development thereunder. All <br />permits issued to implement development approved under this CIR CUP shall be <br />