I contains the notation "fixture cemetery lawn" and "proposed irrigation" for the 15-acre <br />2 southern area. In approving the 1995 CUP masterplan, the hearings officer discussed the <br />3 proposed use of this area: <br />4 "This proposal involves developing the wooded southern area of the site into <br />5 cemetery lawns with relatively few trees. A finding can be made at this point, <br />6 conceptually, that [the proposal] can be accomplished * * * in a manner that is <br />7 compatible with the existing surrounding residential uses. * * * The area <br />8 requiring further study is the southwest corner of the site and along the entire <br />9 southern periphery of the site. The applicant proposes a vegetative buffer of <br />10 varying widths and preservation of certain trees. Also proposed, however, is a <br />11 fence and the location of tombs within this buffer area. Additionally, there is <br />12 the complication of the wetlands area in the southwest corner of this site. One <br />13 approach might be to require as a condition of approval the retention of a 100 <br />14 foot buffer area along the entire southern boundary but this may not be <br />15 necessary with more detail made available concerning the vegetation that <br />16 exists and will be retained in the buffer area and proposed location of the <br />17 tombs and fence. Without that information, if the buffer is to be less than 100 <br />18 feet in depth, it is impossible to determine whether the proposed use will be <br />19 compatible with the adjacent residences. <br />20 "It is acknowledged that the cemetery use proposed, open lawns and tombs, <br />21 do not have substantial adverse operating characteristics. At the same time, to <br />22 be reasonably compatible, the cemetery use must be designed to recognize the <br />23 existing wooded character of this area of Eugene to the extent of allowing a <br />24 meaningful buffer area between the cemetery use and the residential uses. <br />25 "In that the approval is for a two phased development, with the southern <br />26 portion being developed only after development of the area of the cemetery <br />27 within the proposed roads, there willbe adequate time to address the details of <br />28 the buffer area and for the applicant to seek approval of a plan in that regard." <br />29 Record 435. <br />30 On April 8, 2002, petitioner filed the subject application with the city for a <br />31 conditional use permit to construct a 172-unit Controlled Income and Rent (CIR-CUP) <br />32 residential development on the 15-acre portion of the property south of Cathedral Jay. The <br />33 accompanying narrative takes the position that that portion of the property is not master <br />34 planned for cemetery use under the 1995 CUP. On April 23, 2002, the city notified <br />35 petitioner that the application was incomplete, and provided petitioner with a list of <br />36 requested information, including a revised legal description that includes only the affected <br />Page 3 <br />