Eugene Planning Commission <br />FINAL ORDER OF THE EUGENE PLANNING COMMISSION ON APPEAL <br />OF A CONDITIONAL USE PERMIT APPROVAL FOR CHARLES WIPER INC. (CU 02-4)) <br />INTRODUCTION <br />This Final Order concerns an appeal of the decision by the Eugene Hearing Official ("HO") <br />to approve a conditional use permit ("CUP") to develop 172 units of controlled income and <br />rent ("CIR") housing (CU 02-4). The subject site on which the 172 units of CIR housing is to <br />be constructed is the southernmost 15.8 acres of Rest-Haven Memorial Park Cemetery, <br />which is undeveloped and is located west of Willamette Street and north of Braeburn Drive <br />in Eugene, Oregon. <br />On April 8, 2002, the applicant submitted an application to develop CIR housing on the <br />unplanned portions of Rest-Haven Cemetery. A completeness review letter was issued on <br />April 23, 2002. In conformance with ORS 227.178(3)(a) (aka Oregon's "goal post rule"), the <br />Applicant timely submitted several completeness review items on May 31, August 15 and <br />August 28, 2002. The City then refused to process the application. The City's decision <br />refusing to process the application was appealed to the Oregon Land Use Board of Appeals <br />("LUBA"), which remanded the City's decision on March 3, 2003. The remanded application <br />lay dormant at the City until May 11, 2016 when the applicant, prompted by the passage of <br />Oregon Laws 2015 Chapter 522, Section 3 (codified in ORS 227.181(2)(a))', requested that <br />the City proceed with processing its application. <br />On June 22, 2016, the staff issued its initial report wherein it found that the decision on the <br />application would be "based exclusively on the approval criteria that were in effect for CIR <br />housing at the time the application was submitted in 2002." However, the staff report went <br />on to indicate that the City Attorney would provide a memorandum addressing the <br />applicability of subsequently adopted land use regulations to future building permits "to help <br />all parties understand what the applicant's development will be held to in terms of newer <br />regulations that have come into effect since 2002 such as the Multi-Family Standards at EC <br />9.550, Goal 5(/WR overlay) standards at EC 9.4900, Traffic Impact Analysis Review at EC <br />9.8650, and Stormwater Standards at EC 9.6790." On June 29, 2016, the City Attorney <br />issued a memorandum wherein the City took the position that the City would apply all <br />subsequently adopted standards and criteria (including those identified by staff above) at <br />the building permit phase except where doing so would result in a denial of the project as <br />previously approved. The City Attorney concluded that Oregon's goal post rule, "do[es] not <br />preclude the city from applying, for a subsequent building permit, applicable development <br />standards that are not CUP approval criteria." The City Attorney's memorandum included a <br />cursory review of some of LUBA's and the Oregon Court of Appeal's decisions applying <br />Oregon's goal post rule. Although the City Attorney's memorandum purported to interpret <br />' ORS 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 final order or <br />else the application is deemed "terminated." <br />1 <br />