Item 1: Ordinance on EWEB Downtown Riverfront Property

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EWEB DOWNTOWN RIVERFRONT LAND USE COMPONENTS ▪ 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. ODFW has not made any subsequent determinations of significant sites on the subject property. Based on these findings, this criterion is satisfied. (c) Protection and enhancement of the natural vegetative fringe along the Willamette River to the maximum extent practicable. As noted previously, 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 average slope of the riverbank, between the Riverbank Trail and water’s edge, ranges between 34 and 44 percent. The vast majority of the subject site is prior developed and has been used for industrial/utility uses since the acquisition of the riverfront property in 1908. Since that time, large volumes of fill material have been imported and placed on the subject site. These factors have reduced riverbank complexity, which, has contributed to a loss of riparian habitat on the subject site (Exhibit E Riverfront Ecological Analysis and Design Report). 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. As illustrated on Sheets S1 and S2 Existing Conditions Plan (Exhibit G Plan Set), the natural vegetative fringe along the Willamette River is limited to the area between the waters edge the easternmost edge of the Riverbank Trail, with the exception of a small strip of landscaping along the west edge of the Riverbank Trail. Existing riparian vegetation protection measures established by the /WR Overlay Zone in EC 9.4900-9.4980 will not be affected by the proposal. The proposal designates approximately 7.74 acres of land adjacent the Willamette River for cultural landscape and open space uses. S-DR/CL sub-district development standards are designed to facilitate the restoration and enhancement of the natural vegetative fringe along the Willamette River, as illustrated on Sheets L1 and L2 Site Plans and described in the Downtown Riverfront SAP (Exhibit A Downtown Riverfront Specific Area Plan). Based on these findings, the proposal protects and enhances the natural vegetative fringe to the maximum extent practicable without precluding the requested use. This criterion is satisfied. (d) Preservation of scenic qualities and viewpoints as identified in the Metropolitan Plan Natural Assets and Constraints Working Paper. The Metropolitan Natural Assets and Constraints Working Paper does not identify any scenic qualities or viewpoints on the subject site. This criterion does not apply. (e) Maintenance of public safety and protection of public and private property, especially from vandalism and trespass in both rural and urban areas to the maximum extent practicable. As provided by Goal 15, Willamette River Greenway, Section J (OAR 660-015-0005): “Nothing in this Goal is intended to authorize public use of private property. Public use of private property is a trespass unless appropriate easements and access have been acquired in allowance with law to authorize such use.” The applicant (EWEB) is a publicly owned utility and owns all parcels within the subject site. The proposal does not encourage trespass on private property. All public improvements will be Cameron McCarthy FINAL SUBMITTAL | December 5, 2012 {00091176;1 }