Item 1: Ordinance on EWEB Downtown Riverfront Property

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EWEB DOWNTOWN RIVERFRONT LAND USE COMPONENTS 5.6 Willamette Greenway Permit Statewide Planning Goal 15, Willamette River Greenway, provides that: “The qualities of the Willamette River shall be protected, conserved, enhanced and maintained consistent with lawful uses present on December 6, 1974. Intensifications of uses, changes of use or developments may be permitted after this date only when they are consistent with the Willamette Greenway Statute, this Goal and [other standards].” Regarding “other standards,” EC 9.8800-9.8825 provides that: “EC 9.8800 Purpose of Willamette Greenway Permits. Intensifications of uses, changes in use, or development require special consideration before being permitted within the boundaries of the Willamette River Greenway. * * * Urban uses may be allowed but conditions of approval may be imposed as are deemed necessary to carry out the purpose and intent of the Willamette River Greenway, and to ensure that any intensifications of uses, changes in use, or developments within the Willamette Greenway boundaries are compatible with nearby uses within the Willamette Greenway.” “EC 9.8805 Applicability. Willamette Greenway permit applications are required for intensification of uses, changes in use, or developments within the boundaries of the Willamette River Greenway * * * . As illustrated on Sheet R1 Regulatory Plan (Exhibit G Plan Set), approximately 19.75 acres of the subject site are within the boundaries of the Willamette River Greenway. As noted previously, the proposal involves changes in use. Subsequent redevelopment will involve intensifications of uses and new development. Therefore, the proposal requires special consideration and approval of a Willamette Greenway permit to allow development to proceed in accordance with the redevelopment vision and to ensure compatibility with nearby uses. Findings of compliance with applicable approval criteria and standards are provided in EC 9.8815. As used in this section, the words "the greatest possible degree" are drawn from Oregon Statewide Planning Goal 15 (F.3.b.) and are intended to require a balancing of factors so that each of the identified Willamette Greenway criteria is met to the greatest extent possible without precluding the requested use. EC 9.8815 Willamette Greenway Permit Approval Criteria and Standards. Willamette Greenway permit approval may be granted only if the proposal conforms to all the criteria in subsections (1) through (4), and the applicable standards of subsection (5) as follows: (1) To the greatest possible degree, the intensification, change of use, or development will provide the maximum possible landscaped area, open space, or vegetation between the activity and the river. This proposal involves intensification, change of use, and new development within the Willamette Greenway, therefore the remaining provisions of EC 9.8815(1) apply to the request. In the prior approved Willamette Greenway permit for the Autzen Stadium expansion (WG 01-1) the Hearings Official interpreted this criterion, as follows: “The intent of this criterion is, in large part, to ensure the continued integrity of the landscaping area and scenic qualities adjacent to the river, for the benefit of those enjoying the river’s scenic and aesthetic attributes.” Cameron McCarthy FINAL SUBMITTAL | December 5, 2012 {00091176;1 }