|
Ordinance Exhibit DOrdinanceExhibitD
<br />DOWNTOWN RIVERFRONT
<br />LAND USE COMPONENTS
<br />CA 19-1,RA 19-1,Z 19-5,WG 19-3,ST 19-3,and SDR 19-2 April 19,2019
<br />"A setback line will be established to keep structures separated from the river in order to protect,
<br />maintain,preserve and enhance the natural,scenic,historic,and recreational qualities of the
<br />Willamette River Greenway,as identified in Greenway Inventories.The setback line shall not
<br />apply to water-related or water-dependent uses."
<br />Water-related uses are defined as:
<br />"Uses which are not directly dependent upon access to a water body,but which provide goods or
<br />services that are directly associated with water-dependent land or waterway use,and which,if
<br />not located adjacent to water,would result in a public loss of quality in the goods or services
<br />offered.Except as necessary for water-dependent or water-related uses or facilities,residences,
<br />parking lots,spoil and dump sites,roads and highways,restaurants,businesses,factories,and
<br />trailer parks are not generally considered dependent on or related to water location needs."
<br />Water-dependent uses are defined as:
<br />"A use or activity which can be carried out only on,in,or adjacent to water areas because the use
<br />requires access to the water body for water-borne transportation,recreation,energy production,
<br />or source of water."
<br />As illustrated on Sheets L1.0 and Ll.l Site Plan,the proposal involves the development of a Riverfront
<br />Park within the proposed Willamette Greenway Setback,in addition to riparian restoration and
<br />enhancement.All of the proposed uses within the setback are considered water-related in their
<br />capacity to provide or enhance recreational access to the Willamette River.
<br />Based on the above findings,and as conditioned,this criterion is satisfied.
<br />(b)Protection of significant fish and wildlife habitats as identified in the
<br />Metropolitan Plan Natural Assets and Constraints Working Paper.Sites
<br />subsequently determined to be significant by the Oregon Department of
<br />Fish and Wildlife shall also be protected.
<br />As noted previously,the eastern portion of the subject site is within the Willamette River Greenway,a
<br />natural asset,as identified in the Metro Natural Assets &Constraints Working Papers.The Willamette
<br />River is adjacent to the development site and is identified as a Goal 5 Water Resource by the Goal 5
<br />Water Resource Conservation Plan.As identified on the Adopted Protection Designations for the
<br />Eugene Goal 5 Wetland,Riparian,and Upland Wildlife Habitat Inventories Map dated November 14,
<br />2005,the Willamette River is categorized as a Category A Stream.All parcels within the subject site
<br />that abut the Willamette River have /WR Water Resource Conservation overlay zoning.
<br />Pursuant to EC 9.4920(l)(c)(l.),Category A streams with a distinguishable high bank have a 100 foot
<br />setback applied to top of bank (TOB)as part of the /WR overlay zoning.The proposed amendments
<br />do not change protections established by the 100-foot /WR conservation setback in EC
<br />9.4920(1)(c)(l.)or affect inventoried Goal 5 Water Resources.As illustrated on Sheet R1.0 Regulatory
<br />Plan,3.24 acres within the /WR conservation setback are prior developed in accordance with EC
<br />9.4920(5)and are excluded from /WR conversation areas.The standards and requirements at EC
<br />9.4900 through EC 9.4980 do not apply to prior developed areas,as specified in EC 9.3155(16),as
<br />amended.The proposal establishes a Willamette Greenway Setback line,as discussed in the findings
<br />for EC 9.8815(5)(a),which concurrent with development of the Riverfront Park,will keep structures
<br />separated from the river and increase the amount of landscape,open space,and vegetation along the
<br />river as compared to existing conditions.
<br />City of Eugene 55FINALSUBMITTALJuly 22, 2019, Work Session – Item 3
|