Item 1: Ordinance on EWEB Downtown Riverfront Property

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EWEB DOWNTOWN RIVERFRONT LAND USE COMPONENTS open space include but are not limited to outright acquisition, conservation easements, planned unit development ordinances, streamside protection ordinances, open space tax deferrals, donations to the public, and performance zoning. The subject property includes 1,460 lineal feet of frontage along the Willamette River. The subject property is located on an outer, scouring bank. The entire river frontage is reinforced with revetments to provide bank stability and protect civil infrastructure. The easternmost edge of the existing, paved Riverbank Trail generally demarcates the top of bank, as shown on Sheets S1 and S2 Existing Conditions Plans (Exhibit G Plan Set). Narrow bands of riparian vegetation exist, within the revetments, between the Riverfront Trail and the waters edge. Other on-site vegetation consists of trees, shrubs, and groundcovers within parking lot landscape islands and landscape strips adjacent to sidewalks, parking areas, and buildings; and, a narrow strip of shrubs and grasses between the westernmost edge of the Riverbank Trail and developed areas. Significant on-site vegetation is limited to the riparian corridor and is shown on Sheets S1 and S2 Existing Conditions and described in Exhibit E Riverfront Ecological Analysis and Design Report. The Willamette River adjacent to the development site is identified as a Goal 5 Water Resource. According to ODFW, two salmonid populations listed under the ESA are documented as occurring within the reach of the Willamette River that flows through the project area: ▪ Upper Willamette River spring Chinook (Oncorhynchus tshawytscha) and Critical Habitat – federally threatened (FT) ▪ Columbia River bull trout (Salvelinus confluntus) Distinct Population Segment (DPS) and Critical Habitat - FT There are no other documented occurrences of significant wildlife species within the subject site. As shown on Sheet C1 Cover Sheet (Exhibit G Plan Set), the proposal will maintain existing open space areas and will result in a significant increase in the amount of landscape and open space areas within the subject site following redevelopment. The subject property currently provides approximately 4.3 acres of open space. Through re-zoning of the property and establishment of the S-DR Zone (Exhibit B S-DR Downtown Riverfront Special Area Zone) and it’s associated cultural landscape and open space sub-district, existing open space areas will be protected and total open space areas will increase to approximately 7.74 acres. The PROS Project and Priority Plan identifies a portion of the subject site as a proposed Metropolitan Park site for acquisition. The plan assigns the acquisition project a Priority 1 level and allocates $1,500,000 in capital costs to “acquire land to provide significant riverfront open space within [the] courthouse/cannery neighborhood.” The applicant proposes the sale or transfer of 7.74 acres of land to the City for future cultural landscape, open space, and recreation purposes and to add to the supply of significant riverfront open space in public ownership. Regardless of City acquisition, through the proposed amendments and zone change, the proposal protects open space through development standards in the proposed S-DR Zone (EC 9.3185, S-DR Downtown Riverfront Special Area Zone). In addition, protection of significant riparian vegetation is ensured through existing established /WR protection provisions in EC 9.4900-9.4980 which are not affected by the proposal. Sheet R1 Regulatory Plan identifies areas subject to /WR protections. Based on these findings, the proposed amendments and zone change are consistent with Policy C.21. Natural Hazards (Goal 7) C.31 When development is allowed to occur in the floodway or floodway fringe, local regulations shall control such development in order to minimize the potential danger to life and property. Within the UGB, development should Cameron McCarthy FINAL SUBMITTAL | December 5, 2012 {00091176;1 }