Eugene Planning Commission <br />August 11, 2016 <br />Page 2 <br />issued consistent with standards and criteria in effect on April 8, 2002 ("2002 EC <br />Chapter 9"), if applicable, which standards are exclusive. Any land use <br />regulations adopted since April 8, 2002 are not applicable to this CIR CUP. Such <br />standards that do not apply, include, but are not limited to, the Multiple-Family <br />Standards at EC 9.5500, Goal 5 (/WR overlay) standards at EC 9.4900, Traffic <br />Analysis Review at EC 9.8659 and Stormwater Standards at EC 9.6790 in the <br />current Eugene Code." <br />This appeal statement incorporates the Applicant's legal memoranda submitted to the Hearings <br />Official concerning the meaning of and case law related to ORS 227.178(3)(a), the "goal post" <br />rule, and its applicability to this land use application. (See attached). <br />1. Introduction <br />As the Hearings Official's decision accurately notes, "This case involves an unusual situation." <br />Decision, p. 2. A brief summary of the relevant context surrounding this application is provided <br />for the convenience of the Planning Commission. <br />On April 8, 2002, the Applicant submitted an application to develop CIR housing on the <br />unplanned portions of Rest-Haven Cemetery. That CIR CUP application was deemed <br />incomplete on August 15, 2002, and was then rejected by the City on September 13, 2002. That <br />decision was appealed to LUBA, which remanded the City's decision on March 3, 2003. <br />That remanded application lay dormant at the City while the Applicant focused on developing <br />the cemetery portion of the property. In addition, the Applicant was waiting for the appropriate <br />time to develop the subject property for affordable housing when such a development would be <br />successful However, newly passed state legislation compelled the Applicant to act on the CIR <br />CUP sooner than anticipated. Oregon Laws 2015 Chapter 522, Section 3 (codified in ORS <br />227.181(2)(a)) requires an applicant to request the City to process an application that had <br />previously been remanded to the City by LUBA within 180 days of the effective date of the <br />final order or else the application is deemed "terminated." Motivated by this recent state <br />legislation, the Applicant reactivated this CIR CUP application sooner than desired. The <br />Applicant's alternative was to let the CIR CUP application become void. Letting the CIR CUP <br />application terminate would be a significant loss to the Applicant and to the community at large. <br />One result of this unusual situation is that the Eugene Code as it existed in 2002 provides the <br />approval criteria by which this application and related development is to be evaluated. ORS <br />227.178(3)(a), know as the "goal post" rule, provides: <br />"If the application was complete when first submitted or the applicant submits the <br />requested additional information within 180 days of the date the application was <br />first submitted and the city has a comprehensive plan and land use regulations <br />acknowledged under ORS 197.251, approval or denial of the application shall be <br />