I Opinion by Bassham. <br />2 NATURE OF THE DECISION <br />3 In LUBA No. 2002-131, petitioner appeals a city decision that rejects petitioner's <br />4 conditional use application to construct 172 housing units. In LUBA No. 2002-132, <br />5 petitioner appeals a letter from a city planner that rejects his request to reconsider the <br />6 decision appealed in LUBA No. 2002-131. <br />7 MOTION TO DISMISS <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />For the reasons explained in )Piper v. City of Eugene, _ Or LUBA _ (LUBA No. <br />2002-131, Order, December 10, 2002), LUBA No. 2002-132 is dismissed. <br />PACTS <br />The subject property is tax lot 300, a 72-acre parcel. The northern 700 feet of tax lot <br />300 is zoned Public Lands (PL) and the remainder is zoned Suburban Residential (RA). <br />Much of the property is occupied by a cemetery and related facilities that were established in <br />1928. Cemeteries are allowed as a conditional-use in all city zones. The subject property is <br />generally surrounded by residential uses. <br />In 1995, petitioner sought and obtained a conditional use permit (CUP) masterplan <br />that recognized various existing cemetery uses and facilities, and sought conceptual approval <br />to expand certain other uses. The 1995 CUP masterplan was reduced to a conditional use <br />agreement between petitioner and the city. The agreement includes an eight-sheet set of final <br />approved plans. <br />The 1995 plans depict the main cemetery structures and burial areas occupying the <br />northern and middle portions of the property. The plans also depict a 15-acre area at the <br />southern periphery of the property, south of an internal road (Cathedral Way). The southern <br />15-acre area is currently wooded and undeveloped. The 1995 CUP plan contemplates <br />removal of most of the trees in -the 15-acre southern area, with the exception of isolated <br />stands and a vegetative buffer along the southern property line. The 1995 CUP plan also <br />Page 2 <br />