ALG~ <br />ARN O LD G ALLAG H ER <br />ATTORNEYS AT LAW <br />A PROrE_MIO NN. CORI-ORA'I Y IN <br />Micheal N1. Reeder <br />mrecdcr ,,trn<dd};allaghcr.ci>m <br />541-484-0138 <br />July 8, 2016 <br />Fred Wilson, Hearings Official <br />c/o Gabe Flock, Senior Planner <br />Planning Division <br />99 `{lest 10th Avenue <br />Eugene, Oregon 97401 <br />Re: Tim Wiper - Cathedral Park (CU 02-4) <br />Applicant's Response to Anne C. Davies Memorandum dated June 29, 2016 <br />Dear Mr. Wilson: <br />This letter is submitted on behalf of Mr. Charles "Tim" Wiper ("Applicant") with <br />regard to the above-referenced pending application ("Application"). This letter responds to <br />the City's assertion that ORS 227.178(3) (i.e. the "Goal Post Rule") does not apply to <br />"applicable development standards that are not CUP approval criteria." See the attached <br />Letter from Anne C. Davies dated June 29, 2016, pg. 1 ("City Attorney Memo"). Please <br />include tlus letter and the attached City Attorney Memo into the record on this matter. In <br />addition, please include the attached copy of Eugene Code Chapter 9 (2002) in its entirety <br />into the record on this matter. <br />The City Attorney Memo attempts to provide legal support for the June 2016 staff <br />report ("Staff Report") statement that suggests that the 2002 CUP approval criteria of <br />Eugene Code ("EC") 9.724 are the only code provisions with standards and criteria that are <br />locked in by the Goal Post Rule and that the Application is subject to the City's numerous <br />other land use regulations that were adopted subsequent to the Application being submitted <br />on April 8, 2002. The Staff Report states as follows: <br />"On a related not[e], staff anticipates that the City Attorney will <br />provide a memo as part of the hearing process addressing the <br />applicability of various standards at the tune of any subsequent <br />permit applications (in the event of approval of this CIR-CUP <br />request) to help all the parties understand what the applicant's <br />development will be held to in terms of newer regulations that <br />have come into effect since 2002 such as the Multi-Family <br />Standards at EC 9.5500, Goal 5 (/WR overlay) standards at EC <br />800 Willamette Street • Suite 800 • Eugene, OR 97401 • P: 5411384-0188 • F: 5411184-0536 <br />arnoldgallag)ier.com • Correspondence: P.O. Box 1758 - Eugene. OR 97440-1 7 5 8 <br />