Page One

From: Cowan, Zach 

Sent: Friday, November 14, 2003 3:39 PM 

To: Bates, Tom 

Subject: UC Hotel 

Importance: High 

Our legal opinio [sic] based on the facts we are currently aware of is that the hotel part of the project is not exempt from City land use controls. 

We recognize UC disagrees. 

We also recognize that the project is not approvable under our zoning as currently written (primarily height; perhaps other issues). 

Rather than starting by fighting about jurisdiction, we could agree to the following: 

1. UC applies for the hotel part of the project in the same manner a [sic] private developer. 

2. The City initiates the necessary zoning amendments and conducts the environmental review process for the zoning amendments and the project, in close consultation/cooperation with UC. (A side benefit of including zoning amendments is that we can amend whatever is necessary to bulletproof any City approval.) 

3. The City and UC jointly negotiate an expedited process for City proceedings—both rezoning and use permit. There is a limit to this, but we have proven that we are able to stick to an expedited schedule in a potenitally [sic] controversial project involving an EIR and a historical building, in the First Presbyterian settlement. (The Use Permit was not even appealed to Council!) 

4. If at the end of the day UC is dissatisfied because the project is denied or substantially reduced (we’d need to define this) it can assert its exemption, and we can fight it out then. 

That’s it in a nutshell. I’m sure I have not thought of some issues. And yes, this will take some degree of trust and willingness to negotiate in good faith to make it work.