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Ordinance Exhibit D
<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 notgenerally 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 L1.1 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(1)(c)(1.), 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)(1.) 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 FINAL SUBMITTAL 55
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