Volume 2 Cathedral Park Record (1 of 6)

BEFORE THE EUGENE HEARINGS OFFICIAL, In the Matter of the Application of Charles Wiper, Inc. for ) a Conditional Use Permit authorizing development of ) Applicant's Final 172 units of Controlled Income Rent (CIR) housing ) Argument on Map 18-03-18-00, TL 300, (CU 02-4). ) The record on this matter spans more than a decade and many hundreds of pages. Progress is being made it seems. Whereas the City was initially so out of sorts with this application that it refused to process it at all, the applicant and the City have moved to the point where they are discussing the finer points of conditions to accompany an approval. Final List of Conditions: Accompanying this argument, in letter form, is the applicant's final list of recommended conditions of approval. These incorporate changes to reflect what we have learned through the balance of the proceeding. Each condition is accompanied by a short explanation of why the proposed language is correct and also reconciling our final proposal to the differences in the conditions recommended by the City. June 29 Hearing Memorandum: We also recommend to the Hearing Official our June 29 Hearing Memorandum. That memo reaches back in time to identify and summarize the key documents in this proceeding. That references a May 20, 2016, Memorandum explaining the standards that apply and explaining what the standards mean, based on legislative history and local case law. The May 20 Memorandum succinctly summarizes the Applicant's position on the law. Note that it references and borrows liberally from the 19-page Memorandum dated May 12, 2002, which appears at pages 88-313 of the LUBA Record. Both memoranda are an essential starting point for review of this Application. Both are referred to in footnote 1 of the Staff Report. Needed Housing Statute: Our First Supplemental Supporting Statement for this application, which appears at page 59 of the LUBA record, invoked the Needed Housing Statute in support of approval. See LUBA Rec at 63. The version of statute that applies is the version that was in effect in 2002 when the application was filed. The goalpost statute applies to state law as well as local law. Testa v. Clackamas County, 137 Or App 21, 903 P2d 373, rev denied 322 Or 420 (1995). The version of the Needed Housing Statute in effect in 2002 defined "needed housing" as: "On and after the beginning of the first periodic review of a local government's acknowledged comprehensive plan, "needed housing" also means: (a) Housing that includes, but is not limited to, attached and detached single-family housing and multiple family housing for both owner and renter occupancy; (b) Government assisted housing;" And, when an application is for "need housing," ORS 197.307(6)(2001) required: APPLICANT'S FINAL ARGUMENT - Page 1 Cathedral Park (CU 02-4) Record July 2016