Fred Wilson, Hearuigs Official <br />July 8, '016 <br />Page 3 <br />use regulations subsequently enacted by it at the building permit stage. Not only is the City <br />Attorney's memorandum wrong on this issue but the practical effect of the City Attorney's <br />memorandum is to poison the land use approval well and scare off potential developers who <br />now lack clarity as to whether building permits will be granted at all and if granted, what <br />restrictions the City may impose that will either limit the approved development or greatly <br />drive up the cost of development. As discussed in depth below, it is the Applicant's position <br />that the only standards and criteria which apply to the approval of the development <br />(including issuance of any construction or building permits) are those in effect as the time <br />the application was submitted, if any. The Applicant respectfully requests a finding to that <br />effect and condition of approval stating as follows: <br />COA # • ORS 227.178(3)(a) applies to this CIR CUP <br />approval and all development thereunder. All permits issued to <br />implement development approved under this CIR CUP shall be <br />issued consistent with standards and criteria in effect on April 8, <br />2002 ("2002 EC Chapter 9"), if applicable, which standards are <br />exclusive. Any land use regulations adopted since April 8, 2002 <br />are not applicable to this CIR CUP. Such standards that do not <br />apply, include, but are not limited to, the Multiple-Family <br />Standards at EC 9.5500, Goal 5 (/V a overlay) standards at EC <br />9.4900, Traffic Analysis Review at EC 9.8650 and Stormwater <br />Standards at EC 9.6790 in the current Eugene Code. <br />As the Hearing Official is aware, the Applicant has requested to change the use of its <br />property from cemetery to controlled income and rent housing and is seeking a discretionary <br />permit under ORS 227.215 authorizing the proposed development.' Staff and the City <br />Attorney have asserted that notwithstanding Gal Post Rule all later enacted standards and <br />regulations (deemed by the City to be "construction and development standards") «1111 be <br />applied to the Applicant's approved development when the Applicant seeks the building <br />permits necessary to implement that use. The Applicant contests that position. Under ORS <br />227.173, the Applicant is entitled to know all of the criteria and standards that the Cite will <br />impose or intends to impose in connection with the approval of that development regardless <br />of whether done at the discretionary pernut application stage or when building/construction <br />permits are pulled. State e.1 rel. If'est 11-lculz Toiifid mies., LLC r,. 000 of llle(lIiwd, 233 Or App 41, <br />48 (2009) (citing Sulz Puny Dairy if. OLCC, 16 Or App 63, 71 (1973)). This issue is ripe for the <br />Hearing Official to decide and the Hearing Official is required by law to decide the matter. <br />IvIoreover, without a decision from the Hearing Official on this matter, the <br />Application is effectively dead as the City Attorney 1\4emo has created such uncertainty with <br />For purposes of ORS 227.215, "`development' means a building [and] making a material change in the <br />use or appearance of land[]" <br />AG-- <br />