Item 1: Ordinance on EWEB Downtown Riverfront Property

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EWEB DOWNTOWN RIVERFRONT LAND USE COMPONENTS or facilities, residences, parking lots, spoil and dump sites, roads and highways, restaurants, businesses, factories, and trailer parks are not generally considered dependent on or related to water location needs.” Water-dependent uses are defined as: “A use or activity which can be carried out only on, in, or adjacent to water areas because the use requires access to the water body for water-borne transportation, recreation, energy production, or source of water.” As illustrated on Sheets L1 and L2 Site Plan, the proposal involves the development of interpretive sites, overlooks, trails, boardwalks, multi-use paths, and green infrastructure within the proposed Willamette Greenway Setback, in addition to riparian restoration and enhancement. All of the proposed uses within the setback are considered water-related in their capacity to provide or enhance recreational access to the Willamette River. In order to establish the greenway setback line and associated protections, facilitate redevelopment in accordance with the Master Plan vision, and promote the adaptive reuse of existing structures within the subject site, the applicant proposes the following condition of approval: Proposed Condition of Approval 1. A Willamette Greenway Setback line is established on the subject site through the provisions of Section 9.3147 of the Downtown Riverfront Special Area Zone (Exhibit B) to keep structures separated from the river in order to protect, maintain, preserve and enhance the natural, scenic, historic, and recreational qualities of the Willamette River Greenway, as identified in Greenway Inventories. The setback line shall not apply to water-related or water-dependent uses. The proposed greenway setback line is generally consistent with the 100-foot conservation setback established by the /WR Overlay Zone. Based on the above findings, and as conditioned, this criterion is satisfied. (b) Protection of significant fish and wildlife habitats as identified in the Metropolitan Plan Natural Assets and Constraints Working Paper. Sites subsequently determined to be significant by the Oregon Department of Fish and Wildlife shall also be protected. As noted previously, the eastern portion of the subject site is within the Willamette River Greenway, a natural asset, as identified in the Metro Natural Assets & Constraints Working Papers. The Willamette River is adjacent to the development site and is identified as a Goal 5 Water Resource by the Goal 5 Water Resource Conservation Plan. As identified on the Adopted Protection Designations for the Eugene Goal 5 Wetland, Riparian, and Upland Wildlife Habitat Inventories Map dated November 14, 2005, the Willamette River is categorized a Category A Stream. All parcels within the subject site that abut the Willamette River have /WR Water Resource Conservation overlay zoning. Pursuant to EC 9.4920(1)(c)(1.), Category A streams with a distinguishable high bank have a 100 foot setback applied to top of bank (TOB) as part of the /WR overlay zoning. The proposed amendments do not change protections established by the 100-foot /WR conservation setback in EC 9.4920(1)(c)(1.) or affect inventoried Goal 5 Water Resources. 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) Cameron McCarthy FINAL SUBMITTAL | December 5, 2012 {00091176;1 }