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HomeMy WebLinkAboutOrd. 20693Page 1 of 33 ORDINANCE NO. 20693 AN ORDINANCE CONCERNING THE WILLAMETTE RIVER GREENWAY; AMENDING SECTIONS 9.0500, 9.1040, 9.3147, 9.3148, 9.3725, 9.4930, 9.5750, 9.6885, 9.7005, 9.7030, 9.7055, 9.7205, 9.7210, 9.7220, 9.7305, 9.7315, 9.7335, 9.7340, 9.7415, 9.7455, 9.7520, 9.7560, 9.7605, 9.7615, 9.7635, 9.7665, 9.7685, 9.8005, 9.8030, 9.8800, 9.8805, 9.8810, 9.8815 AND 9.8825 OF THE EUGENE CODE, 1971; ADDING SECTIONS 9.8811 AND 9.8812 TO THAT CODE; AND ADOPTING A WILLAMETTE RIVER GREENWAY SETBACK MAP, A WILLAMETTE RIVER GREENWAY TREE PRESERVATION ZONE MAP AND A MAP OF PROPERTIES LOCATED WITHIN THE WILLAMETTE RIVER GREENWAY AND MORE THAN 500 FEET FROM A WILLAMETTE RIVER GREENWAY ACCESS POINT. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Section 9.0500 of the Eugene Code, 1971, is amended by amending the definitions of “Change of Use” and “Intensification (as used in Willamette Greenway Permits beginning at EC 9.8800),” and adding the definitions of “Water-dependent” and “Water-related” to provide as follows: 9.0500 Definitions. * * * Change of Use. (A) Except as provided in (B), a change from the existing use to another land use according to the land use and permit requirement tables in this land use code. (B) As used in Willamette River Greenway Permits beginning at EC 9.8800, making a different use of the land or water than that which existed on December 6, 1975. It includes only a change that requires construction, alterations of the land, water, or other areas outside of existing buildings or structures and that substantially alters or affects the land or water. It does not include a change of use of a building or other structure that does not substantially alter or affect the land or water upon which it is situated. The sale of property is not in itself considered to be a change of use. An existing open storage area shall be considered to be the same as a building for purposes of defining “change of use” with regard to Willamette River Greenway permits. * * * Intensification (as used in Willamette River Greenway Permits beginning at EC 9.8800). Any additions that increase or expand the area or amount of an existing use, or the level of activity. Remodeling the exterior of a structure not excluded below is an intensification when it will substantially alter the appearance of the structure. Maintenance and repair that is usual and Page 2 of 33 necessary for the continuance of an existing use is not an intensification of use. Reasonable emergency procedures necessary for the safety or the protection of property are not an intensification of use. Residential use of lands within the Greenway includes the practices and activities customarily related to the use and enjoyment of one’s home. Landscaping, construction of driveways, modification of existing structures or construction or placement of such subsidiary structures or facilities adjacent to the residence as are usual and necessary to such use and enjoyment shall not be considered an intensification. Seasonal increases in gravel operations shall not be considered an intensification of use. * * * Water-dependent. 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. Water-related. Uses which are not directly dependent upon access to a water body but which provide goods or services that are directly associated with water-dependent land or waterway use, and which, if not located adjacent to water, would result in a public loss of quality in the goods or services offered. Except as necessary for water-dependent or water-related uses 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. * * * Section 2. The “/WG Willamette River Willamette River Greenway Overlay Zone” entry in Table 9.1040 of Section 9.1040 of the Eugene Code, 1971, is deleted. Section 3. The Section title and subsection (1) of Section 9.3147 of the Eugene Code, 1971, are amended to provide as follows: 9.3147 S-DR Downtown Riverfront Special Area Zone Willamette River Greenway Setback. (1) In accordance with the requirements at EC 9.8815(5)(a), a setback line is established to keep structures separated from the Willamette River to protect, maintain, preserve, and enhance the natural, scenic, historic, and recreational qualities of the Willamette River Greenway as shown in Figure 9.3135 S-DR Zone Regulating Plan, and on Exhibit D to Ordinance No. 20619. * * * Page 3 of 33 Section 4. Subsection (2) of Section 9.3148 of the Eugene Code, 1971, is amended to provide as follows: 9.3148 S-DR Downtown Riverfront Special Area Zone Special Use Standards for Adaptive Reuse of Existing Buildings. * * * (2) Alterations and expansion of the EWEB Headquarters or Steam Plant are limited to three additional stories, shall not exceed applicable maximum building height standards at EC 9.3155(3), shall not increase the existing building footprint more than 30 percent, and shall not encroach within the Willamette River Greenway Setback for a use that is not water-related or water-dependent. * * * Section 5. Section 9.3725 of the Eugene Code, 1971, is amended to provide as follows: 9.3725 S-RP Riverfront Park Special Area Zone – Review Procedures. The master site plan for developments proposed within the S-RP zone shall be reviewed through the conditional use permit process provided in this land use code. For the purpose of this review, the following criteria shall be applied in lieu of the criteria provided in EC 9.8090 Conditional Use Permit Approval Criteria – General. (1) Criteria for all Development. (a) The proposed development shall be consistent with the Metropolitan Area General Plan, Riverfront Park Study, and other applicable policy documents or functional plans. (b) Based on technical analysis (particularly with respect to transportation facilities), planned public facilities shall be shown to accommodate the requirements of the proposed development. (c) The proposed development shall protect visual access from main entry points from Franklin Boulevard to the river/riparian vegetation. (2) Criteria for Development Within Willamette River Greenway Boundaries. (a) Except as provided in subparagraph (b), development of properties zoned S-RP Riverfront Park Special Area Zone and located within the boundary of the Willamette River Greenway shall comply with the following: 1. Compliance with the criteria in EC 9.3725(1) Criteria for all Development above. 2. The height and bulk of the proposed development shall be designed to consider the impacts on public open space, especially the buffer strips along the Willamette Page 4 of 33 River and Millrace, and to adhere to the height limitations specified along the Willamette River. Building setbacks shall be varied to avoid the effect of a continuous wall along the minimum setback line and to adhere to the requirement for protection of designated features (i.e., Millrace and pedestrian linkage to the Autzen Stadium footbridge). 3. 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. 4. To the maximum extent practicable, the proposed development shall provide for protection and enhancement of the natural vegetative fringe along the Willamette River. This means protection and enhancement of trees and understory characteristic of native vegetation within the riparian strip along the Willamette River. It also means removal, and active management to prevent reintroduction of, disturbance vegetation such as Himalayan blackberries and English ivy. As used herein, the riparian strip means the area between the top of the river bank and the water’s edge. 5. To the greatest possible degree, necessary and adequate public access will be provided to and along the river by appropriate legal means. (b) An applicant proposing to develop multiple-unit dwellings on properties zoned S- RP Riverfront Park Special Area Zone and located within the boundary of the Willamette River Greenway as allowed by EC 9.3710, shall elect to proceed either pursuant to the criteria in subsection (2)(a) of this section or pursuant to the criteria in EC 9.8812. As used in this section, the words “greatest possible degree” are drawn from Statewide Planning Goal 15 (F.3.b.) and are intended to require a balancing of factors so that each of the identified Greenway criteria is protected to the greatest extent possible without precluding the requested use. Goal 15 (C.3.j.) provides that “lands committed to urban uses within the Greenway shall be permitted to continue as urban uses.” (3) Interpretation. In the event any of the terms used in these S-RP zone provisions require interpretation, the planning and development director shall be responsible for such interpretation. Section 6. Subsection (5) of Section 9.4930 of the Eugene Code, 1971, is amended to provide as follows: 9.4930 /WR Water Resources Conservation Overlay Zone – Permitted and Prohibited Uses and Exceptions. Uses are permitted or prohibited within the /WR Resources Conservation Overlay Zone based on whether they occur inside or outside the /WR Conservation Area as defined in EC 9.4920, as follows: * * * Page 5 of 33 (5) Exceptions. Activities that are explicitly authorized by a city land use approval issued prior to November 14, 2005 or that are necessary to carry out uses or development explicitly authorized by such an approval are exempt from the restrictions of the provisions of subsections (2), (3) and (4) of this section if the authorization is part of one of the following: (a) A site review plan; (b) A conditional use permit; (c) A tentative subdivision or tentative cluster subdivision submitted and approved after August 1, 2001; (d) A Willamette River Greenway Permit; or (e) A planned unit development. Section 7. Subsection (5)(d) of Section 9.5750 of the Eugene Code, 1971, is amended to provide as follows: 9.5750 Telecommunication Devices – Siting Requirements and Procedures. * * * (5) Construction of Transmission Tower. Construction of a transmission tower, or a modification of an existing transmission tower to increase its height, shall be allowed as follows: * * * (d) Prohibited Zones and Locations. No new transmission tower shall be permitted in any zones not included in subparagraphs (a) to (c) above, including the AG, R-2, R-3, R- 4, H, NR, and PRO zones; or in the Willamette River Greenway, on Gillespie Butte above the elevation of 450 feet, on the ridgeline as defined in the South Hills Study or on Judkins Point. * * * Section 8. Subsections (1)(c) and (2) of Section 9.6885 of the Eugene Code, 1971, are amended to provide as follows: 9.6885 Tree Preservation and Removal Standards. (1) Exemptions from Standards. The standards in this section do not apply to activities regulated under EC 9.4900 through 9.4890, or an application for development activity that includes or will result in: * * * Page 6 of 33 (c) Land Use Approvals. Any tree removal on property subject to an approved Conditional Use Permit, Planned Unit Development, Site Review, Subdivision, or Willamette River Greenway Permit that includes a tree removal/preservation plan or conditions related to tree removal or retention. In those areas, that plan or city approved modifications thereto control tree removal. This exemption does not apply to the removal of a street tree, which must be authorized by a permit issued pursuant to EC 6.305. * * * (2) Tree Preservation and Removal Standards. The standards in this subsection apply only to land use applications processed under EC 9.8100, EC 9.8325, EC 9.8445, EC 9.8520, and EC 9.8812. Unless exempt under subparagraph (d) below, no permit for a development activity subject to this section shall be approved until the applicant demonstrates compliance with the standards in this subsection. (a) Definitions. For the purposes of this subsection (2), the following definitions apply: 1. Critical Root Zone (CRZ). That area surrounding a tree that has a radius of 12 inches multiplied by the diameter breast height expressed in inches of the tree trunk or trunks. 2. Tree Removal. To fell or sever a tree or to use any procedure the natural result of which is to cause the death or substantial destruction of the tree. Substantial destruction includes actions that destroy more than 20% of the critical root zone of a tree, or topping, or severing the cambial material on 50% or more of the circumference of the tree trunk. Remove does not in any context include those pruning standards as defined in the 2014 edition of American National Standards Institute (ANSI) Section A300, Tree, Shrub and Other Woody Plant Maintenance Standard Practices . (b) For the purposes of this subsection (2), the South Hills Area is defined as all property located within the City’s adopted Urban Growth Boundary, above an elevation of 500 feet, and: 1. South of 18th Avenue, 2. South of Franklin Boulevard and East of the intersection of 18th Avenue and Agate Street, or 3. If 18th Avenue were extended from the intersection of 18th Avenue and Willow Creek Road directly west to the Urban Growth Boundary, the area south of that extension of 18th Avenue. (c) For the purposes of this subsection (2), the Willamette River Greenway is defined as all lands within the adopted Willamette River Greenway Boundary established by Resolution No. 2592, and the Willamette River Greenway Setback is that area identified on the Willamette River Greenway Setback Map adopted as Exhibit A-1 to Ordinance No. 20693. Page 7 of 33 (d) Exemptions. A proposed development shall be exempt from the requirements of EC 9.6885(2) if any of the following apply: 1. Except as provided in subparagraphs 4. and 5., the area of the development site is less than 20,000 square feet. 2. Except as provided in subparagraph 5., five or fewer significant trees exist on the development site prior to development. 3. Except as provided in subparagraph 5., the development site is zoned R- 2 Medium- Density Residential, R-3 Limited High-Density Residential, R-4 High Density Residential, GO General Office, C-2 Community Commercial, or C-3 Major Commercial zones. 4. Notwithstanding subparagraph 1., development sites that include property at or above 900 feet elevation are subject to the requirements of EC 9.6885(2), regardless of the area of the development site. 5. Notwithstanding subparagraphs 1. through 4. above, any portion of a development site located within Willamette River Greenway Tree Preservation Zones 1-3, shall be subject to the requirements of EC 9.6885(2). Willamette River Greenway Tree Preservation Zones are identified on the map adopted as Exhibit B-1 to Ordinance No. 20693 (e) Tree Preservation Requirements. Unless adjusted per EC 9.8030(13), significant trees must be preserved in accordance with the requirements of Table 9.6855(2)(e). Minimum preservation is based on the total existing Diameter Breast Height (d.b.h.) of significant trees within each specific location category prior to development. Maximum mitigation is the percentage of the minimum preservation that may be mitigated according to subsection 2. below. Table 9.6885(2)(e) Tree Preservation and Mitigation Location Category Minimum Preservation Maximum Mitigation Outside the South Hills Area 40% 100% Within the South Hills Area, between 500 feet and 900 feet elevation 50% 50% Within the South Hills Area, at or above 900 feet elevation 50% 0% Willamette River Greenway Tree Preservation Zone 1 (See Exhibit B-1 to Ordinance No. 20693) 50% 0% Willamette River Greenway Tree Preservation Zone 2 (See Exhibit B-1 to Ordinance No. 20693) 50% 50% Willamette River Greenway Tree Preservation Zone 3 (See Exhibit B-1 to Ordinance No. 20693) 40% 100% Page 8 of 33 1. A Tree Preservation and Removal Plan is required except as provided in EC 9.6885(2)(d) or EC 9.6885(2)(e)3. The plan must be prepared by a certified arborist, licensed landscape architect, licensed engineer, or licensed surveyor and shall provide the following: a. A table, organized by the location categories listed in Table 9.6885(2)(e), listing all significant trees on the development site and including the following information for each listed tree: (1) Diameter Breast Height (d.b.h.) (2) Preservation, removal, or mitigation status (3) Common name, genus and species b. A site plan that includes the following information: (1) The locations of all significant trees on the development site, the Diameter Breast Height (d.b.h.) for each significant tree, whether each significant tree is to be preserved, removed, or mitigated according to EC 9.6885(2)(e)2., and the location of the critical root zone (CRZ) for each significant tree to be preserved. (2) The location of all existing and/or proposed public and private utility easements, driveways, and areas of grading or excavation on the development site. (3) The location of all existing development on the site as well as the location of development proposed in the land use application that triggers the requirement for a Tree Preservation and Removal Plan. (4) Proposed lot or parcel boundaries. (5) For development sites with any portion located within the South Hills Area, identification of areas at or above 500 feet elevation and areas at or above 900 feet elevation. c. A written statement from a certified arborist or licensed landscape architect that the Tree Preservation and Removal Plan meets EC 9.6885(2)(e) Tree Preservation Requirements. If the Tree Preservation and Removal Plan is prepared by a certified arborist or licensed landscape architect, then the written statement otherwise required by this subparagraph is not required. 2. Mitigation. An applicant may elect to mitigate a portion of the minimum preservation of significant trees on the development site as provided below: a. The maximum d.b.h. that can be mitigated shall be based on location category as provided in Table EC 9.6885(2)(e) Tree Preservation and Mitigation. Page 9 of 33 b. Proposed subdivisions in areas outside of the South Hills Area and outside of the Willamette River Greenway Boundary may mitigate up to 100% of the minimum tree preservation requirement by either: (1) Providing that lots up to 7,000 square feet in area will contain a minimum of two trees and lots 7,000 square feet or more will contain a minimum of three trees; or, (2) Providing one replacement tree for each significant tree designated for mitigation. c. Required mitigation may only occur within the Willamette River Greenway Setback if the proposed trees to be planted are selected from the native trees included on the City’s adopted list of plant species for sites at or below 500 feet in elevation, attached as Exhibit F to Ordinance No. 20351. d. Installation and Maintenance. Unless otherwise specified, each significant tree designated for mitigation must be replaced with one tree selected from the approved species listed in Table 9.6885(2)(e)2 within one year from the date of removal or prior to final occupancy, whichever is later. Trees planted in accordance with subparagraph (2)(e)2.b. must be planted prior to final occupancy. At the time of planting, deciduous trees used for replacement must have a minimum diameter of 2 inches and evergreen trees used for replacement must be a minimum of 5 feet in height as measured according to the 2014 edition of the American Standard for Nursery Stock (ANSI Z60.1), published by the American Nursery and Landscape Association. Any mitigation trees to be planted within the Willamette River Greenway Setback shall be selected from the native trees included on the City’s adopted list of plant species for sites at or below 500 feet in elevation, attached as Exhibit F to Ordinance No. 20351. e. The maximum mitigation allowance may be adjusted in accordance with EC 9.8030(13). Table 9.6885(2)(e)2. Approved Species List Genus and Species Common Name Abies koreana Silver Korean Fir Abies pinsapo Spanish Fir Acer circinatum Vine Maple Acer ginnala Amur Maple Acer glabrum var. douglasii Rocky Mountain Maple Acer griseum Paperbark Maple Acer macrophyllum Big Leaf Maple Acer rubrum Red Maple Page 10 of 33 Table 9.6885(2)(e)2. Approved Species List Genus and Species Common Name Acer saccharum Sugar Maple Alnus rhombifolia White Alder Alnus rubra Red Alder Amelanchier alnifolia Pacific Serviceberry Arbutus menziesii Pacific Madrone Arbutus unedo Strawberry Madrone Arbutus 'Marina' Marina Strawberry Tree Betula nigra River Birch Calocedrus decurrens Incense Cedar Carpinus betulus European Hornbeam Carpinus caroliniana American Hornbeam Castanopsis cuspidate Japanese Chinquapin Catalpa speciose Northern Catalpa Cedrus atlantica Atlas Cedar Cedrus deodara Deodar Cedar Cedrus libani Cedar of Lebanon Celtis occidentalis Common Hackberry Cercidiphyllum japonicum Katsura Tree Chrysolepis chrysophylla Golden Chinquapin Cinnamomum chekiangense Camphor Tree Cornus nuttallii Pacific Dogwood Corylus colurna Turkish Filbert Cupressus arizonica Arizona Cypress Cupressus bakeri Modoc Cypress Cupressus leylandii Leyland Cypress Fraxinus latifolia Oregon Ash Fraxinus ornus Flowering Ash Ginkgo biloba (fruitless cultivars only) Ginkgo Koelreuteria paniculate Goldenrain Tree Maackia amurensis Maackia Nyssa sylvatica Tupelo, Black Gum Ostrya virginiana American Hophornbeam Oxydendrum aroboreum Sourwood Parrotia persica Persian Ironwood Picea smithiana Morinda Spruce Pinus ponderosa Ponderosa Pine Pinus ponderosa var. benthamania Willamette Valley Ponderosa Pine Pinus wallichiana Himalayan Pine Page 11 of 33 Table 9.6885(2)(e)2. Approved Species List Genus and Species Common Name Pistacia chinensis Chinese Pistachio Platanus acerifolia London Plane Prunus virginiana Chokecherry Pseudotsuga menziesii Douglas Fir Quercus acutissima Sawtooth Oak Quercus agrifolia Coast Live Oak Quercus alba White Oak Quercus bicolor Swamp White Oak Quercus chrysolepis Canyon Live Oak Quercus douglasii Blue Oak Quercus frainetto Hungarian Oak Quercus gambelii Gambel Oak Quercus garryana Oregon White Oak Quercus hypoleucoides Silver Oak Quercus ilex Holly Oak Quercus kelloggii California Black Oak Quercus lobate Valley Oak Quercus macrocarpa Bur Oak Quercus myrsinifolia Chinese Evergreen Oak Quercus palustris Pin Oak Quercus phellos Willow Oak Quercus rubra Red Oak Quercus shumardii Shumardii Oak Quercus suber Cork Oak Quercus wislizeni Interior Live Oak Rhamnus purshiana Cascara Buckthorn Salix lucida ssp. Lasiandra Pacific Willow Salix scouleriana Scouler’s Willow Sciadopitys verticillate Japanese Umbrella Pine Sequoia sempervirens Coast Redwood Sequoiadendron giganteum Giant Sequoia Stewartia pseudocamellia Stewartia Styrax japonicus (japonica) Japanese Snowbell Taxodium distichum Bald Cypress Taxus brevifolia Pacific Yew Thuja plicata Western Red Cedar Tilia Americana American Linden Tilia cordata Little Leaf Linden Page 12 of 33 Table 9.6885(2)(e)2. Approved Species List Genus and Species Common Name Tilia tomentosa Silver Linden Tsuga canadensis Canadian Hemlock Tsuga heterophylla Western Hemlock Tsuga mertensiana Mountain Hemlock Tsuga sieboldii Southern Japanese Hemlock Ulmus americana American Elm Ulmus carpinifolia Smoothleaf Elm Ulmus parvifolia Chinese Elm Ulmus propinqua Japanese Elm Umbellularia californica California Bay Laurel Zelkova serrata Zelkova 3. Tree Preservation Area Alternative. a. A Tree Preservation and Removal Plan is not required if the applicant chooses to preserve at least 50 percent of the total existing d.b.h. of significant trees on the development site within one or more tree preservation area(s) and the following requirements are met: (1) Tree preservation area(s) must be delineated and shown on a site plan submitted for approval by the City. (2) Applicant must provide written certification from a certified arborist or licensed landscape architect stating that the area(s) designated for tree preservation include(s) at least 50 percent of the total existing d.b.h. of significant trees on the development site. (3) No trees within the Willamette River Greenway Setback may count toward the 50 percent preservation requirement. b. Mitigation is not allowed when the Tree Preservation Area Alternative is used to meet tree preservation requirements, except as approved through an adjustment review according to EC 9.8030(13). 4. Protection Standards. The following notes must be included on the final plan set submitted for approval by the City and shall apply at the time of development: a. “Protective fencing for trees identified to be preserved shall be installed by the applicant and inspected by the City prior to beginning any development activities. All protective tree fencing must remain in place until completion of all construction activities; any relocation, removal, or modification of the protective fencing shall only occur under the direction of a certified arborist and a written explanation of the reason for the Page 13 of 33 relocation, removal, or modification of the protective fencing from the certified arborist must be provided to the City.” b. “At the time of building permit, a site plan in compliance with the approved tree preservation and removal plan is required.” c. “No excavation, grading, material storage, staging, vehicle parking or other construction activity shall take place within protective tree fencing areas.” d. “The removal of trees not designated to be preserved is optional; removal may occur at the owner’s discretion.” e. “Any tree designated for mitigation must be replaced with one tree selected from the approved species listed in Table 9.6885(2)(e)2 within one year from the date of removal or prior to final occupancy, whichever is later. At the time of planting, deciduous trees used for replacement must have a minimum diameter of 2 inches and evergreen trees used for replacement must be a minimum of 6 feet in height as measured according to the 2014 edition of the American Standard for Nursery Stock (ANSI Z60.1), published by the American Nursery and Landscape Association. Maintenance of replacement trees is the ongoing responsibility of the property owner.” f. “In the event a tree designated to be preserved must be removed because it is dead, diseased, dying, or hazardous, documentation of the tree’s dead, diseased, dying, or hazardous condition by a certified arborist must be provided to the City prior to tree removal. The tree must be replaced with one replacement tree selected from the approved species list in Table 9.6885(2)(e)2. At the time of planting, deciduous trees used for replacement must have a minimum diameter of 2 inches and evergreen trees used for replacement must be a minimum of 6 feet in height as measured according to the 2014 edition of the American Standard for Nursery Stock (ANSI Z60.1), published by the American Nursery and Landscape Association. Maintenance of replacement trees is the ongoing responsibility of the property owner.” (f) Street Tree Removal. If the proposal includes removal of any street tree(s), removal of those street trees has been approved, or approved with conditions according to the process at EC 6.305 Tree Felling Prohibition. Page 14 of 33 Section 9. Subsection 3 of Section 9.7055 of the Eugene Code, 1971, is amended to provide as follows: 9.7005 Pre-application Conference. A pre-application conference shall be required for applications specifically listed below: * * * (3) Willamette River Greenway Permits. * * * Section 10. Subsection 10 of Section 9.7030 of the Eugene Code, 1971, is amended to provide as follows: 9.7030 Recordation of Certain City Decisions. After a decision becomes final at the local level, the city shall record at Lane County Deeds and Records a notice of a decision concerning property that is the subject of the following types of applications: * * * (10) Willamette River Greenway Permit and any modifications. * * * Section 11. The “Willamette Greenway Permit” entries in Table 9.7055 of Section 9.7055 of the Eugene Code, 1971, are amended to provide as follows: 9.7055 Applications and Review Authorities. Table 9.7055 Applications and Review Authorities, lists applications and the typical review authorities for the decision and the appeal of the decision. To accommodate a request for concurrent review, the city may instead review multiple applications according to the highest applicable type: Page 15 of 33 Table 9.7055 Applications and Review Authorities R = Recommendation, D = Decision Maker, A = Appeal Review Authority Application Type Planning Director Hearings Official Historic Review Board Planning Commission City Council * * * Willamette River Greenway Permit III D A Willamette River Greenway Permit, Modification II D A * * * Section 12. The “Willamette Greenway Permit, Modification” entry in Table 9.7205 of Section 9.7205 of the Eugene Code, 1971, is amended to provide as follows: 9.7205 Type II Application Requirements and Criteria Reference. Table 9.7205 Type II Application Requirements and Criteria Type II Applications Beginning Reference * * * Willamette River Greenway Permit, Modification EC 9.8825 Section 13. Subsection (1) of Section 9.7210 of the Eugene Code, 1971, is amended to provide as follows: 9.7210 Notice of Application. (1) Within 10 days of the city’s determination that an application is complete, but no less than 20 days before the planning director makes a decision, written notice of the application shall be mailed to all of the following: (a) Applicant. (b) Owners and occupants of the subject property. (c) Owners and occupants of properties located within 300 feet of the perimeter of the subject property. (d) Neighborhood group or community organization officially recognized by the city council that includes the area of the subject property. (e) Community organizations that have submitted written requests for notification. Page 16 of 33 (f) For final partitions, final subdivisions, and final PUDs, to interested parties of record from the tentative decision. (g) For modification applications, to persons who requested notice of the original application that is being modified. (h) For Willamette River Greenway Permit modification applications, notice and a copy of the Willamette River Greenway Permit application, to the Oregon Department of Transportation and Oregon Parks and Recreation Department, by certified mail, return receipt requested. * * * Section 14. Subsection (1) of Section 9.7220 of the Eugene Code, 1971, is amended to provide as follows: 9.7220 Notice of Decision. (1) Within 5 days after the planning director renders a decision, notice of the decision shall be mailed to the following: (a) Applicant. (b) Owner and occupants of the subject property. (c) Neighborhood group or community organization officially recognized by the city that includes the area of the subject property. (d) Any group or individual who submitted written comments during the comment period. (e) Those groups or individuals who requested notice of the decision. (f) Property owners and occupants of property located within 300 feet of the perimeter of the subject property. (g) For decisions on Willamette River Greenway Permit modification applications, to the Oregon Department of Transportation and Oregon Parks and Recreation Department. * * * Page 17 of 33 Section 15. The “Willamette Greenway Permit” entry in Table 9.7305 of Section 9.7305 of the Eugene Code, 1971, is amended to provide as follows: 9.7305 Type III Application Requirements and Criteria Reference. The following applications are typically reviewed under the Type III review process according to the requirements and criteria set forth for each application as reflected in the beginning reference column in Table 9.7305. To accommodate a request for concurrent review, the city may instead review multiple applications according to the highest applicable type. Table 9.7305 Type III Application Requirements and Criteria Type III Applications Beginning Reference Adjustment Review (when part of a Type III Application) EC 9.8015 Conditional Use Permits (CUP) EC 9.8075 Historic Landmark Designation EC 9.8150 Planned Unit Development, Tentative Plan EC 9.8300 Willamette River Greenway Permit EC 9.8800 Zone Changes* EC 9.8850 * * * Section 16. Subsections (2)(e) and (f) of Section 9.7315 of the Eugene Code, 1971, are amended to provide as follows: 9.7315 Public Hearing Notice. * * * (2) At least 30 days prior to the hearing, written notice of the public hearing and the nature of the request shall be mailed to all of the following: * * * (e) Individuals and organizations that have submitted written requests for notification. (f) For Willamette River Greenway Permits, public hearing notice and a copy of the Willamette River Greenway Permit application shall also be provided to the Oregon Department of Transportation and Oregon Parks and Recreation Department, by certified mail, return receipt requested. * * * Page 18 of 33 Section 17. Subsection (1)(e) of Section 9.7335 of the Eugene Code, 1971, is amended to provide as follows: 9.7335 Notice of Decision. (1) Within 5 days after the hearings official or historic review board renders a decision, notice of the decision shall be mailed to the following: * * * (e) For Willamette River Greenway Permits, to the Oregon Department of Transportation and Oregon Parks and Recreation Department. * * * Section 18. Subsection (4) of Section 9.7340 of the Eugene Code, 1971, is amended to provide as follows: 9.7340 Expiration. * * * (4) Unless the decision specifies otherwise, a Willamette River Greenway Permit approval shall expire 18 months after the effective date of approval unless actual construction or alteration has begun under a required permit, or in the case of a permit not involving construction or alteration, actual commencement of the authorized activity has begun. However, the applicant may submit a modification application at any time before the 18-month period has expired, requesting an extension of the approval period. The applicant may request more than one extension. Under no circumstances, however, can the total combined extension periods exceed 36 months from the original expiration date. Within S-DR, upon approval of a Willamette River Greenway Permit concurrently with Type V code amendments and other plan amendments, plan adoption, or zone change; the Willamette River Greenway Permit shall remain in effect so long as the S-DR zone remains in effect. Section 19. Subsection (2) of Section 9.7415 of the Eugene Code, 1971, is amended to provide as follows: 9.7415 Public Hearing Notice. * * * (2) At least 30 days before the planning commission public hearing, written notice of the hearing and the nature of the request shall be mailed to all of the following: (a) Applicant. Page 19 of 33 (b) Owners and occupants of property that is the subject of a proposed application. (c) Owners and occupants of property located within 300 feet of the perimeter of the subject property. (d) The neighborhood group and community organizations officially recognized by the city council that includes the area of the subject property. (e) Individuals and organizations that have submitted written requests for notification. (f) For Willamette River Greenway Permits considered concurrently with a Type IV application, public hearing notice and a copy of the Willamette River Greenway Permit application shall also be provided to the Oregon Department of Transportation and Oregon Parks and Recreation Department, by certified mail, return receipt requested. * * * Section 20. Subsection (1) of Section 9.7445 of the Eugene Code, 1971, is amended to provide as follows: 9.7455 Notice of Decision. (1) Within 5 days of the decision, written notice of the decision shall be mailed to all of the following: (a) Applicant. (b) Any person who has submitted written or oral testimony in a timely manner during the city council hearing procedures. (c) Any person who requested notice of the city council’s decision. (d) For Willamette River Greenway Permits considered concurrently with a Type IV application, notice of the City Council’s decision shall also be provided to the Oregon Department of Transportation and the Oregon Parks and Recreation Department. * * * Section 21. Subsection (2) of Section 9.7520 of the Eugene Code, 1971, is amended to provide as follows: 9.7520 Public Hearing Notice. * * * (2) At least 30 days before the planning commission public hearing, written notice of the hearing and the nature of the request shall be mailed to all of the following: Page 20 of 33 (a) Lane County and City of Springfield planning directors. (b) All neighborhood groups officially recognized by the city council. (c) Individuals and organizations that have submitted written requests for notification. (d) For Willamette River Greenway Permits considered concurrently with a Type V application, public hearing notice and a copy of the Willamette River Greenway Permit application shall also: 1. Be mailed to the owners of record of property that is contiguous to the property that is the subject of the Willamette River Greenway Permit application and; 2. Be mailed to the Oregon Department of Transportation and Oregon Parks and Recreation Department, by certified mail, return receipt requested. * * * Section 22. Subsection (1) of Section 9.7560 of the Eugene Code, 1971, is amended to provide as follows: 9.7560 Notice of Decision. (1) Within 5 days of the decision, written notice of the decision shall be mailed to all of the following: (a) Any person who provided oral or written testimony in a timely manner during the city council hearing procedures. (b) Any person who requested notice of the city council’s decision. (c) For Willamette River Greenway Permits considered concurrently with a Type V application, notice of the City Council’s decision shall also be provided to the Oregon Department of Transportation and Oregon Parks and Recreation Department. * * * Page 21 of 33 Section 23. Subsection (3) of Section 9.7605 of the Eugene Code, 1971, is amended to provide as follows: 9.7605 Filing of Appeal of Planning Director’s Decision. * * * (3) The appeal shall include a statement of issues on appeal. The appeal statement shall explain specifically how the planning director’s decision is inconsistent with applicable criteria. Appeals of planning director decisions on applications for a permit as defined in ORS Chapter 227 shall not be limited to the issues raised in the appeal statement. Appeals of planning director decisions on all other applications shall be limited to the issues raised in the appeal statement. Section 24. Subsection (1) of Section 9.7615 of the Eugene Code, 1971, is amended to provide as follows: 9.7615 Public Hearing Notice. (1) At least 20 days prior to the hearing, written notice shall be mailed to all of the following: (a) Applicant. (b) Owner of the subject property. (c) Appellant. (d) Neighborhood group or community organization officially recognized by the city that includes the area of the subject property. (e) Any person who provided written comments prior to the close of the public comment period. (f) Owners of property within 100 feet of the perimeter of the subject property. (g) For Willamette River Greenway Permit modifications, public hearing notice shall also be provided to the Oregon Department of Transportation and Oregon Parks and Recreation Department. * * * Page 22 of 33 Section 25. Subsection (1) of Section 9. 9.7635 of the Eugene Code, 1971, is amended to provide as follows: 9.7635 Notice of Decision. (1) Within 5 days after a decision by the appeal review authority is rendered, notice of the decision shall be mailed to all of the following: (a) Applicant. (b) Owner of the subject property. (c) Appellant. (d) Any person who provided oral or written testimony in a timely manner during the hearing procedures. (e) Any person who requested notice of the appeal decision. (f) For Willamette River Greenway Permit modification decisions, notice of the decision shall also be provided to the Oregon Department of Transportation and Oregon Parks and Recreation Department. * * * Section 26. Subsection (1) of Section 9.7665 of the Eugene Code, 1971, is amended to provide as follows: 9.7665 Public Hearing Notice. (1) At least 10 days prior to the hearing, written notice of the hearing shall be mailed to the following: (a) Applicant. (b) Owner of the subject property. (c) Appellant. (d) Neighborhood group or community organization officially recognized by the city that includes the area of the subject property. (e) Any person who submitted written comments in regards to the original application. (f) Any person who requested notice of the previous decision or of the appellate hearing. Page 23 of 33 (g) For Willamette River Greenway Permits, public hearing notice shall also be provided to the Oregon Department of Transportation and Oregon Parks and Recreation Department. * * * Section 27. Subsection (1) of Section 9.7685 of the Eugene Code, 1971, is amended to provide as follows: 9.7685 Notice of Decision. (1) Within 5 days after the planning commission’s decision is rendered, written notice of the decision shall be mailed to all of the following: (a) Applicant. (b) Owner of the subject property. (c) Appellant. (d) Any person who provided oral or written testimony in a timely manner during the hearing procedures. (e) Any person who requested notice of the appeal decision. (f) For Willamette River Greenway Permits, notice of the decision shall also be provided to the Oregon Department of Transportation and Oregon Parks and Recreation Department. * * * Section 28. Subsection (2)(e) of Section 9.8005 of the Eugene Code, 1971, is amended to provide as follows: 9.8005 Applicability and Effect of Application Requirements, Criteria, and Concurrent Review. * * * (2) If an initial proposal also requires an application be submitted for one or more of the following: * * * (e) Willamette River Greenway permit; or * * * Page 24 of 33 Section 29. Subsection (13) of Section 9.8030 of the Eugene Code, 1971, is amended to provide as follows: 9.8030 Adjustment Review - Approval Criteria. The planning director shall approve, conditionally approve, or deny an adjustment review application. Approval or conditional approval shall be based on compliance with the following applicable criteria. * * * (13) Tree Preservation and Removal Standards Adjustment. The minimum tree preservation requirement and maximum mitigation allowance of EC 9.6885(2) may be adjusted if one of the conditions listed in subparagraph (a) below applies and the proposed design complies with the criteria in subparagraph (b): (a) Conditions. To qualify for an adjustment, one of the following conditions must apply: 1. Strict compliance with tree preservation and removal standards is not feasible due to other requirements of this code or existing site constraints such as topography or other natural features; or, 2. An adjustment to the minimum tree preservation and/or mitigation requirement is necessary in order to achieve a net density greater than 75 percent of the maximum net density for the applicable zone ; or, 3. The existing trees required to meet the minimum preservation requirement are unlikely to survive the level and type of anticipated development due to susceptibility to windthrow or other natural causes of failure. (b) Criteria. To qualify for an adjustment, the proposed design must meet the following criteria: 1. The proposed reduction in the minimum tree preservation requirement or increase in mitigation allowance is necessary to accommodate a reasonable level of development. 2. In no case shall the minimum tree preservation requirement be reduced below 30% for areas at or above 900 feet elevation and areas within the Willamette River Greenway Tree Preservation Zone 1, as depicted in Exhibit B-1 to Ordinance No. 20693. 3. Except for areas at or above 900 feet elevation and areas within Willamette River Greenway Tree Preservation Zone 1 as depicted in Exhibit B-1 to Ordinance No. 20693, proposals may mitigate up to 100% of the minimum tree preservation requirement if the following requirements are met: a. For proposed subdivisions, new trees must be planted so that lots Page 25 of 33 up to 7,000 square feet in area will contain a minimum of two trees and lots 7,000 square feet or more will contain a minimum of three trees. b. For all other developments, the proposed design must provide one tree per dwelling unit. 4. For areas at or above 900 feet elevation, and areas within Willamette River Greenway Tree Preservation Zone 1 as depicted in Exhibit B-1 to Ordinance No. 20693, mitigation is limited to 10% of the minimum preservation requirement. 5. For areas within Willamette River Greenway Tree Preservation Zone 2 as depicted in Exhibit B-1 to Ordinance No. 20693, mitigation is limited to 20% of the minimum preservation requirement. 6. New trees planted to meet mitigation requirements are subject to the requirements at EC 9.6885(2)(e)2.c. Installation and Maintenance. 7. Trees planted to meet applicable landscape standards may be counted toward mitigation requirements. 8. Except as provided in EC 9.8030(13)(b)(9), existing trees that are located on the development site may be designated for preservation and counted toward mitigation requirements in lieu of planting new trees if: a. The tree measures under 8-inches Diameter Breast Height (d.b.h.); and b. The tree is listed in Table 9.6885(2)(e)2. Approved Species List. 9. The provisions of EC 9.8030(13)(b)(8) do not apply to portions of a development site located within the Willamette River Greenway. On portions of a development site located within the Willamette River Greenway, existing trees may be designated for preservation and counted toward mitigation requirements in lieu of planting new trees if: a. The tree measures under 8-inches Diameter Breast Height (d.b.h.); b. The tree is a species included on the City’s adopted list of plant species for sites at or below 500 feet in elevation, attached as Exhibit F to Ordinance No. 20351; and c. The tree is located on the development site and within the Willamette River Greenway Boundary but outside of the Willamette River Greenway Setback. No existing trees located within the Willamette River Greenway Setback may count toward mitigation requirements. (c) For purposes of EC 9.8030(13): 1. “Willamette River Greenway” means all lands within the adopted Willamette River Greenway Boundary established by Resolution No. 2592. Page 26 of 33 2. “Willamette River Greenway Setback” is that area identified on the Willamette River Greenway Setback Map adopted as Exhibit A-1 to Ordinance No. 20693. * * * Section 30. Section 9.8800 of the Eugene Code, 1971, is amended to provide as follows: 9.8800 Purpose of Willamette River Greenway Permits. The purpose of Willamette River Greenway Permits is to implement Oregon Statewide Planning Goal 15, Willamette River Greenway, which is designed to protect, conserve, enhance, and maintain the natural, scenic, historical, agricultural, economic, and recreational qualities of lands along the Willamette River. Protection, conservation, enhancement, and maintenance of the qualities of lands within the Willamette River Greenway is achieved through the following measures: (1) Review of intensification of uses, changes in use, and developments proposed within the boundaries of the Willamette River Greenway. (2) Imposition of conditions of approval as necessary to carry out the purpose and intent of the Willamette River Greenway. Section 31. Section 9.8805 of the Eugene Code, 1971, is amended to provide as follows: 9.8805 Willamette River Greenway Permits – Applicability. Willamette River Greenway permit applications are required for intensification of uses, changes in use, or developments within the boundaries of the Willamette River Greenway established by Resolution No. 2592 Adopting a Willamette River Greenway Boundary. Section 32. Section 9.8810 of the Eugene Code, 1971, is amended to provide as follows: 9.8810 Willamette River Greenway Permits - Application Requirements. (1) Willamette River Greenway Permit applications shall be considered in accordance with the Type III application procedures contained in EC 9.7300 through EC 9.7340 Application Procedures, unless considered concurrently with a Type IV or Type V application. (2) If the intensification of use, change in use, or development that triggers the requirement for a Willamette River Greenway Permit includes or proposes housing, the written statement submitted with the Willamette River Greenway Permit application shall clearly state whether the applicant is electing to proceed under the Clear and Objective approval criteria in EC 9.8812, or whether the applicant is electing to proceed under the General approval criteria in EC 9.8815. (3) No development permit shall be issued by the city when a Willamette River Greenway Permit is required for a proposed development until the Willamette River Greenway Permit has been approved and becomes effective. Development permits shall be consistent with the terms and conditions of that Willamette River Greenway Permit. Page 27 of 33 Section 33. Section 9.8811 of the Eugene Code, 1971, is added to provide as follows: 9.8811 Willamette River Greenway Setback – Clear and Objective. (1) The Willamette River Greenway Setback is established to protect, maintain, preserve, and enhance the natural, scenic, historic, and recreational qualities of the Willamette River Greenway. (2) The Willamette River Greenway Setback is only applicable to a Willamette River Greenway Permit Application when the applicant elects to proceed under the Clear and Objective approval criteria in EC 9.8812. (3) The location of the Willamette River Greenway Setback is established by the Willamette River Greenway Setback Map adopted as Exhibit A-1 to Ordinance No. 20693. (4) No structures, other than the structures listed in subsection (5) of this section may be built within the Willamette River Greenway Setback. (5) For purposes of review under the Clear and Objective Willamette River Greenway Permit approval criteria in EC 9.8812, the City has determined that pedestrian paths and/or public accessways that are proposed or otherwise required pursuant to EC 9.8812(4) are the only structures within the Willamette River Greenway Setback necessary to support water- related and/or water-dependent uses; therefore, pedestrian paths and/or public accessways that are proposed or otherwise required pursuant to EC 9.8812(4) are the only new structures that may be constructed within the Willamette River Greenway Setback pursuant to a Willamette River Greenway Permit approved under EC 9.8812. Section 34. Section 9.8812 of the Eugene Code, 1971, is added to provide as follows: 9.8812 Willamette River Greenway Permit Approval Criteria – Clear and Objective. Unless an applicant proposing an intensification of use, change in use, or development that proposes or includes housing elects to use the General Willamette River Greenway Permit approval criteria in EC 9.8815, approval, approval with conditions, or denial of a Willamette River Greenway Permit that proposes or includes housing shall be based solely on compliance with the following approval criteria: (1) Greenway Setback. (a) The application shall include a site plan that clearly depicts the location of the Willamette River Greenway Setback on the subject property, as shown on the Willamette River Greenway Setback Map referenced at EC 9.8811(3). (b) Consistent with the requirements of EC 9.8811(4), the application shall not propose any new structures located within the Willamette River Greenway Setback except pedestrian paths or public accessways proposed or otherwise required pursuant to EC 9.8812(4). Page 28 of 33 (2) Building Facade. For any new buildings, the maximum length of any building façade located within 100 feet of the Willamette River Greenway Setback is 75 feet. (3) Landscaping. (a) A landscape area that meets the requirements of EC 9.6210 Low Screen Landscape Standard (L-2) shall be provided along the length of the Willamette River Greenway Setback. The landscape area shall be located on the opposite side of the Willamette River Greenway Setback from the river and shall be a minimum depth of 10 feet. These requirements are not adjustable under the provisions of EC 9.6210(2)(b) or EC 9.8030(3)(c). (b) Solid or Masonry walls are not permitted within the Willamette River Greenway Setback, or within the landscape area required by subparagraph (a). (c) Fences are not permitted within the Willamette River Greenway Setback. Fences located within Willamette River Greenway Boundary and within 300 feet of the Willamette River Greenway Setback may not be constructed of barbed wire, chain link fencing, or cyclone fencing and must be at least 50 percent open (unobstructed to both light and air) to allow views through the fence. (d) The landscape area required by subparagraph (a) must be planted exclusively with native plants included on the City’s adopted list of plant species for sites at or below 500 feet in elevation, attached as Exhibit F to Ordinance No. 20351. (4) Access. (a) The following standards apply to any proposed housing that will result in 5 or more dwelling units on one development site: 1. Where the development site abuts publicly owned land, on-site pedestrian paths shall be provided from the property line nearest to the Willamette River to main building entrances. Where required, these on-site pedestrian paths shall be a minimum of 3 feet wide, and be constructed of concrete, asphalt, or any pervious surface that complies with the Americans with Disabilities Act, unless adjusted in accordance with EC 9.8030(22). 2. Where the development site is identified in Exhibit C-1 to Ordinance No. 20693 as being more than 500 feet from a public access point, and provided the City can make findings to demonstrate consistency with constitutional requirements, the City will require the dedication and improvement of a public accessway to existing public ways that provide a connection to or along the Willamette River. The public accessway shall be a minimum 10 feet in width, constructed in accordance with public improvement standards. (5) Tree Preservation. Tree preservation is required in accordance with the provisions of EC 9.6885(2), Tree Preservation and Removal Standards. Page 29 of 33 Section 35. Section 9.8815 of the Eugene Code, 1971, is amended to provide as follows: 9.8815 Willamette River Greenway Permit Approval Criteria– General. Approval, approval with conditions, or denial of a Willamette River Greenway Permit not otherwise processed according to the provisions of EC 9.8812, shall be based on compliance with the following approval criteria: (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. (2) To the greatest possible degree, necessary and adequate public access will be provided to and along the Willamette River by appropriate legal means. (3) The intensification, change of use, or development will conform with applicable Willamette River Greenway policies as set forth in the Metro Plan. (4) In areas subject to the Willakenzie Area Plan, the intensification, change of use, or development will conform with that plan’s use management standards. (5) In areas not covered by subsection (4) of this section, the intensification, change of use, or development shall conform with the following applicable standards: (a) Establishment of adequate setback lines to keep structures separated from the Willamette River to protect, maintain, preserve, and enhance the natural, scenic, historic, and recreational qualities of the Willamette River Greenway. Setback lines need not apply to water related or water dependent uses as defined in EC 9.0500. (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. (c) Protection and enhancement of the natural vegetative fringe along the Willamette River to the maximum extent practicable. (d) Preservation of scenic qualities and viewpoints as identified in the Metropolitan Plan Natural Assets and Constraints Working Paper. (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. (f) Compatibility of aggregate extraction with the purposes of the Willamette River Greenway and when economically feasible, applicable sections of state law pertaining to Reclamation of Mining Lands (ORS Chapter 517) and Removal of Material; Filling (ORS Chapter 541) designed to minimize adverse effects to water quality, fish and wildlife, vegetation, bank stabilization, stream flow, visual quality, noise, safety, and to guarantee necessary reclamation. Page 30 of 33 (g) Compatibility with recreational lands currently devoted to metropolitan recreational needs, used for parks or open space and owned and controlled by a general purpose government and regulation of such lands so that their use will not interfere with adjacent uses. (6) The proposed development is designed and sited to minimize impacts to the natural environment by addressing the following: (a) Tree Preservation. Significant trees are preserved to the greatest possible degree, with trees having the following characteristics given the highest priority for preservation: 1. Healthy trees that have a reasonable chance of survival considering the base zone or special area zone designation and other applicable approval criteria; 2. Trees located within vegetated corridors and stands rather than individual isolated trees subject to windthrow; 3. Trees that fulfill a screening function, provide relief from glare, or shade expansive areas of pavement; 4. Trees that provide a buffer between potentially incompatible land uses; 5. Trees located along the perimeter of the lot(s) and within building setback areas; 6. Trees and stands of trees located along or within view from the river; 7. Trees with significant habitat value; 8. Trees adjacent to public parks, open space and streets; 9. Trees located along a water feature; and, 10. Heritage trees. (b) Restoration or Replacement. The proposal mitigates, to the greatest possible degree, the loss of significant trees and vegetation through restoration or replacement, as follows: 1. Planting of replacement trees along stream corridors, or within common areas; or, 2. Restoration of fish and wildlife habitat, native plant habitat, wetland areas, and riparian vegetation. (7) 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 River Greenway criteria is met to the greatest extent possible without precluding the requested use. Page 31 of 33 (8) When site review approval is required, the proposed development will be consistent with the applicable site review criteria.(9) The proposal complies with all other applicable development standards for features explicitly included in the application. An approved adjustment to a standard pursuant to provisions beginning at EC 9.8015 of this land use code constitutes compliance with the standard. Section 36. Section 9.8825 of the Eugene Code, 1971, is amended to provide as follows: 9.8825 Modifications to a Willamette River Greenway Permit. After the effective date of Willamette River Greenway Permit approval, modifications of the Willamette River Greenway Permit, as provided in EC 9.7230 and EC 9.7340, may be considered in accordance with the Type II Application Procedures contained in EC 9.7200 through EC 9.7230. The planning director shall decide whether to grant the requested modification based on the following criteria: (1) The modification will be consistent with the conditions of the original approval; and (2) The modification will result in insignificant changes in the physical appearance of the development, the use of the site, and impact on the surrounding properties. If determined to be consistent with the above criteria, the planning director shall approve the request. The applicant retains the ability to submit the requested modification as a new Willamette River Greenway permit application based on the Type III procedural requirements. Nothing in this land use code shall preclude the applicant from initially submitting the requested modification as a new Willamette River Greenway permit application. Section 37. The Geographic Information System (GIS) files located on the flash drive attached as Exhibit A-1 to this Ordinance are hereby adopted as the City’s official Willamette River Greenway Setback Map. The PDF located on the flash drive attached as Exhibit A-1 to this Ordinance, depicting the Willamette River Greenway Setback is for illustrative purposes only. The printed map attached to this Ordinance as Exhibit A-2 and depicting the Willamette River Greenway Setback is also for illustrative purposes only. Section 38. The Geographic Information System (GIS) files located on the flash drive attached as Exhibit B-1 to this Ordinance are hereby adopted as the City’s official Willamette River Greenway Tree Preservation Zone Map. The PDF located on the flash drive attached as Exhibit B-1 to this Ordinance, depicting the Willamette River Greenway Tree Preservation Zones Page 32 of 33 is for illustrative purposes only. The printed figure attached to this Ordinance as Exhibit B-2 and depicting the Willamette River Greenway Tree Preservation Zones is also for illustrative purposes only. Section 39. The Geographic Information System (GIS) files located on the flash drive attached as Exhibit C-1 to this Ordinance are hereby adopted as the City’s official Map of Properties Located within the Willamette River Greenway and More than 500 Feet from a Willamette River Greenway Access Point. The PDF located on the flash drive attached as Exhibit C-1 to this Ordinance, depicting the properties located within the Willamette River Greenway and more than 500 feet from a Willamette River Greenway Access Point, is for illustrative purposes only. The printed map attached to this Ordinance as Exhibit C-2 and depicting the located within the Willamette River Greenway and more than 500 feet from a Willamette River Greenway Access Point is also for illustrative purposes only. Section 40. The findings set forth in Exhibit D attached to this Ordinance are adopted as findings in support of this Ordinance. Section 41. The City Recorder, at the request of, or with the concurrence of the City Attorney, is authorized to administratively correct any reference errors contained herein or in other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein. Section 42. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. Further, if this Ordinance is remanded back to the City Council for further action by the Oregon Land Use Board of Appeals, those sections, subsections, sentences, clauses, phrases or portions that do not require action on remand shall be deemed separate, distinct, and independent provisions and such remand shall not affect their validity or effect. Passed by the City Council this 12th day of July, 2023 Page 33 of 33 Approved by the Mayor this _lf_ day of ____,..h ............ (J---• 2023 Mayor Exhibit A-1 Placeholder for Flash Drive/Willamette River Greenway Setback Map Randy P apeBeltl i n e R ive r Ave N Delta HwyRive r Rd Hunsaker Ln DeltaPondsPark SkinnerButteWillagillespie RdDeltaHwy Roosevelt Blvd W 1st Ave W 2nd AveRiver Rd N o r t h w e s t E x p r e s s w a y 105 ValleyRiver Center Polk StJefferson St W 6th Ave W 7th Ave Garfield StChambers StW 11th Ave W 13th Ave Oak StCity View StWillamette St W 7th Pl 105 LaneCounty Fairgrounds Ayres Rd Gilham Rd Crescent Ave Randy P a pe B e l t line ChadDrCoburg RdGilham Rd Cal Young Rd Oakway Rd Willakenzi e R dMartin L u t h er K in g Jr Blv d Rand y P a p e B eltline Coburg Rd Harlow R d 5 105 Autzen Stadium AltonBakerPark HendricksParkPearl StHigh St E 1 1 t h A v e Franklin B l v d Patterson St E 13th Ave Alder StHilyard StAgate St 5 Universityof Oregon 5 105 Glenwood BlvdWillamette River Greenway Setback ¯0.5 Miles Caution: This map is for illustrative purposes only and does not constitute the adopted Willamette River Greenway Setback layer. Users of this information should review or consult the adopted Willamette River Greenway Setback layer, attached as Exhibit A-1 to Ordinance No. _____ to ascertain the usability of this information. This layer is not suitable for engineering or surveying purposes. To verify information presented in this layer, contact the Planner-on-Duty at 541-682-5377. Data sources: City of Eugene, RLID. Eugene urban growth boundary Willamette River top of bank Willamette River Greenway setback 20693 EXHIBIT A-2 Exhibit B-1 Placeholder for Flash Drive/Willamette River Greenway Tree Preservation Zones Randy P apeBeltl i n e R ive r Ave N Delta HwyRive r Rd Hunsaker Ln DeltaPondsPark SkinnerButteWillagillespie RdDeltaHwy Roosevelt Blvd W 1st Ave W 2nd AveRiver Rd N o r t h w e s t E x p r e s s w a y 105 ValleyRiver Center Polk StJefferson St W 6th Ave W 7th Ave Garfield StChambers StW 11th Ave W 13th Ave Oak StCity View StWillamette St W 7th Pl 105 LaneCounty Fairgrounds Ayres Rd Gilham Rd Crescent Ave Randy P a pe B e l t line ChadDrCoburg RdGilham Rd Cal Young Rd Oakway Rd Willakenzi e R dMartin L u t h er K in g Jr Blv d Rand y P a p e B eltline Coburg Rd Harlow R d 5 105 Autzen Stadium AltonBakerPark HendricksParkPearl StHigh St E 1 1 t h A v e Franklin B l v d Patterson St E 13th Ave Alder StHilyard StAgate St 5 Universityof Oregon 5 105 Glenwood BlvdWillamette River Greenway Tree Preservation Zones ¯0.5 Miles Caution: This map is for illustrative purposes only and does not constitute the adopted Willamette River Greenway Tree Preservation Zones layer. Users of this information should review or consult the adopted Willamette River Greenway Tree Preservation Zones layer, attached as Exhibit B-1 to Ordinance No. _____ to ascertain the usability of this information. This layer is not suitable for engineering or surveying purposes. To verify information presented in this layer, contact the Planner-on-Duty at 541-682-5377. Data sources: City of Eugene, RLID. Eugene urban growth boundary Tree preservation zone 1 Tree preservation zone 2 Tree preservation zone 3 20693 EXHIBIT B-2 Exhibit C-1 Placeholder for Flash Drive/Map of Properties Located within the Willamette River Greenway and More than 500 Feet from a Willamette River Greenway Access Point Randy P apeBeltl i n e R ive r Ave N Delta HwyRive r Rd Hunsaker Ln DeltaPondsPark SkinnerButteWillagillespie RdDeltaHwy Roosevelt Blvd W 1st Ave W 2nd AveRiver Rd N o r t h w e s t E x p r e s s w a y 105 ValleyRiver Center Polk StJefferson St W 6th Ave W 7th Ave Garfield StChambers StW 11th Ave W 13th Ave Oak StCity View StWillamette St W 7th Pl 105 LaneCounty Fairgrounds Ayres Rd Gilham Rd Crescent Ave Randy P a pe B e l t line ChadDrCoburg RdGilham Rd Cal Young Rd Oakway Rd Willakenzi e R dMartin L u t h e r K in g Jr Blv d Rand y P a p e B eltline Coburg Rd Harlow R d 5 105 Autzen Stadium AltonBakerPark HendricksParkPearl StHigh St E 1 1 t h A v e Franklin B l v d Patterson St E 13th Ave Alder StHilyard StAgate St 5 Universityof Oregon 5 105 Glenwood BlvdProperties Located within the Willamette River Greenway and More than 500 Feet from a Willamette River Greenway Access Point ¯0.5 Miles Caution: This map is for illustrative purposes only and does not constitute the adopted Properties Located within the Willamette River Greenway and More than 500 Feet from a Willamette River Greenway Access Point layer. Users of this information should review or consult the adopted Properties Located within the Willamette River Greenway and More than 500 Feet from a Willamette River Greenway Access Point layer, attached as Exhibit C-1 to Ordinance No. _____ to ascertain the usability of this information. This layer is not suitable for engineering or surveying purposes. To verify information presented in this layer, contact the Planner-on-Duty at 541-682-5377. Tax lot boundaries shown are from January 2023 and may change over time. Data sources: City of Eugene, RLID. Public access points Eugene urban growth boundary Tax lots subject to greenway access standards 20693 EXHIBIT C-2 Page 1 Exhibit D City of Eugene Willamette River Greenway Code Amendments (CA 22-1) LEGISLATIVE FINDINGS July 17, 2023 Introduction/Overview The primary purpose of the Willamette River Greenway Code Amendments project is to update Eugene’s Willamette River Greenway Permit approval process to provide a set of clear and objective standards for the review of proposed housing development within the Greenway. Oregon Statewide Planning Goal 15 (Goal 15, Willamette River Greenway) requires cities and counties to review new development, changes in use, and intensifications of use that take place within the boundaries of the Willamette River Greenway to ensure that development within the Greenway boundary is designed to protect, conserve, enhance, and maintain the natural, scenic, historical, agricultural, economic, and recreational qualities of lands along the Willamette River. The City’s adopted Willamette Greenway Permit regulations and approval criteria are located in Sections 9.8800-9.8825 of the Eugene Code (EC). Willamette Greenway Permit applications are reviewed using a Type III application process, which includes a public hearing and decision by a Hearings Official. These Willamette River Greenway Code Amendments provide a new set of approval criteria and standards available to applicants proposing housing development within the Greenway, consistent with the “clear and objective” requirements of ORS 197.307, and consistent with the requirements of Goal 15. An applicant proposing to develop housing within the Willamette River Greenway will now be able to choose to proceed under the new clear and objective Willamette Greenway approval criteria located in EC 9.8812, or the subjective, discretionary approval criteria in EC 9.8815. The new clear and objective approval criteria include: compliance with a Greenway setback; required native landscape buffering between new housing development and the river; tree preservation requirements; limitations on building façade length and walls or fencing near the Greenway setback; standards for access to and along the river; and a prohibition on development of new structures within the Greenway setback except for pedestrian pathways and public accessways. The Willamette River Greenway Code Amendments also add new tree preservation standards to the existing discretionary approval criteria for Willamette River Greenway Permits in EC 9.8815, in the interest of parity and comparable standards between the two review tracks. The Code Amendments do not change or amend the City’s adopted Willamette Greenway Boundary. The only substantive change to the subjective approval standards for Willamette Greenway permits in EC 9.8815 is the addition of tree preservation requirements. Following adoption of the Willamette River Greenway Code Amendments, applicants proposing to develop housing within the Greenway boundary will be able to choose to proceed under the new clear and objective approval criteria or under the more flexible discretionary approval criteria. Applicants proposing development other than housing will continue to be required to use the current subjective approval criteria. All Willamette Greenway Permit applications will continue to be subject to the Type III application review process. Design Plan/Review Process Goal 15 allows local jurisdictions to create a “Design Plan” and “administrative review procedure” for the review of proposed development within the Greenway, as an alternative to review procedures which require a public hearing for each individual Willamette River Greenway Permit application. This “design plan and administrative Page 2 review” procedure was initially proposed by staff as part of the Willamette River Greenway Code Amendments, so that Willamette River Greenway Permits reviewed under the new clear and objective approval criteria would be processed as Type II land use applications and would not require an initial public hearing. In response to public input and Planning Commission direction, the initially proposed Type II “Design Plan and administrative review” process for clear and objective track applications has been removed from the Willamette River Greenway Code Amendments. The amendments maintain the City’s existing requirement for a public hearing on all Willamette River Greenway Permits, including permits reviewed under the new clear and objective approval criteria, thereby eliminating the need for approval of a “Design Plan” as that term is used in Goal 15. Nonetheless, the draft Design Plan1 created in support of the initially proposed Willamette River Greenway Code Amendments includes a variety of useful information and evidence that supports the City Council’s findings that the Willamette Greenway Code Amendments meet the approval criteria in EC 9.8065. While the City Council does not adopt the Design Plan in its entirety, certain of the City Council’s findings do adopt and incorporate specific information and evidence included in the Design Plan attached as Attachment 1.A to these findings. Findings of Compliance with Approval Criteria As the following findings establish, the Willamette River Greenway Code Amendments (CA 22-1) are consistent with the applicable approval criteria for land use code amendments and specifically meet or exceed the requirements of Statewide Planning Goal 15. The new clear and objective approval criteria for development of housing within the Greenway will ensure that by complying with the adopted clear and objective Greenway standards, applicants proposing intensification of housing uses, change of use to housing, or development of proposed housing within the Greenway will comply with the following requirements of Goal 15: maximum possible landscaped area; open space, or vegetation between the activity and the river; and necessary public access to and along the river by appropriate legal means. Eugene Code (EC) Section 9.8065 requires compliance with the following approval criteria (listed in bold and italic), for a land use code amendment.: EC 9.8065(1): [The amendments are] consistent with applicable Statewide Planning Goals as adopted by the Land Conservation and Development Commission. As expressed in more detail in the findings of compliance with each of the Statewide Planning Goals 1 through 19 below, the City Council finds that the Willamette Greenway Code Amendments are consistent with applicable Statewide Planning Goals and this criterion is satisfied. Goal 1 Citizen Involvement: To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. The City’s acknowledged procedures for adoption of legislative land use decisions, located in EC 9.7050 and 9.7500 through 9.7560, ensure the opportunity for community members to be involved in all phases of the legislative land use decision process and set out the requirements for such involvement. The Willamette River Greenway Code Amendments do not amend or change the City’s adopted citizen involvement program. The process for adoption of the Willamette River Greenway Code Amendments complies with Goal 1 because it is consistent with the City’s acknowledged procedures for legislative land use decisions. 1 Design Plan for Willamette River Greenway Code Amendments, prepared by Cameron McCarthy Landscape Architecture & Planning, December 2021. For ease of reference, the full Design Plan document is included as Attachment 1.A to these findings. Page 3 The Willamette River Greenway Code Amendments have been reviewed in accordance with the City’s acknowledged Type V Application Procedures at EC 9.7500 through EC 9.7560, which include the opportunity to submit written comment to the Planning Commission and City Council, public hearings before the Planning Commission and City Council, a recommendation by the Planning Commission, and a final local decision by the Eugene City Council. As discussed below, notices of the proposed Code Amendments were provided in accordance with EC 9.7520 Public Hearing Notice (Planning Commission) and EC 9.7545 Public Hearing Notice (City Council). Notice was provided to recognized neighborhood organizations, the Oregon Department of Land Conservation and Development (DLCD), the Oregon Department of Transportation (ODOT) and the Oregon Parks & Recreation Department (OPRD), as well as to other community groups and individuals who have requested notice (more than 285 interested parties). Notice consistent with the requirements of ORS 227.186 (Measure 56) was also provided to owners and occupants of properties affected by the proposed code amendments (over 2,800 mailed notices). Notice of the public hearings was also published in the Register Guard according to Eugene Code requirements. On February 1, 2022, the City provided notice of the proposed Willamette River Greenway Code Amendments to DLCD. An initial public hearing conducted by the Planning Commission was held on March 8, 2022. Notice for the initial public hearing was sent in accordance with Type V notice procedures referenced above, on February 1, 2022. Following the initial public hearing, staff received feedback from the public and direction from the Planning Commission that resulted in significant changes to the draft Code Amendments that were the subject of the initial hearing. Given the scale of the changes, additional notice and an updated draft of the proposed Willamette River Greenway Code Amendments were provided to DLCD on December 5, 2022, and a second Planning Commission public hearing was held on January 10, 2023. Notice of the second Planning Commission public hearing was provided consistent with the Type V noticing procedures summarized above, on December 7, 2022. On March 14, 2023, the Planning Commission unanimously voted to recommend that the City Council approve the proposed Willamette River Greenway Code Amendments. In addition to the required public notices, the City prepared a Frequently Asked Questions (FAQ) document, held an initial Public Information Session to facilitate public participation, and provided a variety of relevant information, mapping, and record materials on the City’s website to help inform the public about the Willamette River Greenway Code Amendments. The Eugene City Council held a public hearing on the Willamette River Greenway Code Amendments on June 20, 2023. In accordance with Type V notice procedures referenced above, notice of the City Council public hearing was mailed to persons that provided oral or written testimony in a timely manner during the Planning Commission hearing procedures, as well persons that requested notice of the Planning Commission’s decision. Notice of the City Council public hearing was published in the Register-Guard newspaper on June 4, 2023. Notice of the City Council public hearing, as well as the text of the Willamette Greenway Code Amendments were posted on the City’s website on June 4, 2023. The City Council continued to accept written public comment until its decision on the Willamette Greenway Code Amendments. These processes afforded ample opportunity for citizen involvement consistent with Goal 1. Therefore, the amendments are consistent with Statewide Planning Goal 1. Goal 2- Land Use Planning: To establish a land use planning process and policy framework as a basis for all decisions and actions related to use of land and to assure an adequate factual base for such decisions and actions. Eugene’s land use code specifies the formal adoption procedure and approval criteria that were used in considering the Willamette River Greenway Code Amendments. These findings and the record show that there is Page 4 an adequate factual basis for the Code Amendments. The Goal 2 coordination requirement is met when the City engages in an exchange, or invites such an exchange, between the City and any affected governmental unit and when the City uses the information obtained in the exchange to balance the needs of citizens. To comply with the Goal 2 coordination requirement, the City engaged in an exchange about the subject of these amendments with affected governmental units. Specifically, the City provided notice of the proposed action and opportunity to comment to the Oregon Department of Land Conservation and Development (DLCD), the Oregon Department of Transportation (ODOT), the Oregon Parks & Recreation Department (OPRD), Lane County, and the City of Springfield. There are no exceptions to Statewide Planning Goal 2 required for the Willamette River Greenway Code Amendments. Therefore, the amendments are consistent with Statewide Planning Goal 2. Goal 3 - Agricultural Land: To preserve and maintain agricultural lands. The Willamette River Greenway Code Amendments will only affect properties located within the City of Eugene and therefore do not affect any lands designated by the comprehensive plan for agricultural use. To the extent that there are properties within the City currently zoned for agricultural use, the code amendments do not change the zoning of those properties or force a discontinuance of agricultural practices. For these reasons, the amendments are consistent with Statewide Planning Goal 3. Goal 4 - Forest Land: To conserve forest lands. The Willamette River Greenway Code Amendments will only affect properties located within the City of Eugene and therefore do not affect any lands designated by the comprehensive plan for forest use. The amendments are therefore consistent with Statewide Planning Goal 4. Goal 5 - Open Spaces, Scenic and Historic Areas, and Natural Resources: To conserve open space and protect natural and scenic resources. The City has adopted regulations consistent with the requirements of Goal 5 to protect the Willamette River and other waterways. Those regulations are codified as the /WR Water Resources Conservation Overlay Zone at EC 9.4900-9.4980. Nothing in the Willamette River Greenway Code Amendments amends or affects the applicability of the City’s independently applicable Goal 5 regulations; specifically, nothing in the Willamette River Greenway Code Amendments amends or affects the applicability of the City’s adopted and acknowledged Goal 5 protective measures codified as the /WR Water Resources Conservation Overlay Zone. The following relevant OAR provisions therefore apply: OAR 660-023-0250(3) provides: Local governments are not required to apply Goal 5 in consideration of a PAPA unless the PAPA affects a Goal 5 resource. For purposes of this section, a PAPA would affect a Goal 5 resource only if: (a) The PAPA creates or amends a resource list or a portion of an acknowledged plan or land use regulation adopted in order to protect a significant Goal 5 resource or to address specific requirements of Goal 5; The Willamette River Greenway Code Amendments constitute a Post-Acknowledgement Plan Amendment (i.e. “PAPA”). However, nothing in the Willamette River Greenway Code Amendments creates or amends the City’s list of Goal 5 resources. The Code Amendments also do not amend an acknowledged plan or land use regulation adopted in order to protect a significant Goal 5 resource or to address specific requirements of Goal 5. Page 5 The City Council finds that the Willamette River and some of its associated tributaries, wetlands and riparian areas have been identified by the City as a Goal 5 resource (see Ordinance No. 20351). The City has adopted Goal 5 resource protection measures codified as the /WR Water Resources Conservation Overlay Zone and located at EC 9.4900-9.4980. The /WR Water Resource Overlay Zone requirements include a 100-foot setback from top of bank (subject to exceptions for prior developed areas and certain existing land use approvals), and regulations, review procedures, and development standards for a very limited range of uses allowed within the setback; such as, stormwater treatment facilities, restoration activities, and pedestrian/bicycle pathways or other park related improvements that enhance access to the river. The City Council acknowledges that the City’s adopted and acknowledged /WR Water Resources Conservation Overlay Zone and the City’s Willamette Greenway regulations are both likely to affect many of the properties located within the Willamette River Greenway. However, the City Council finds that the intent and requirements of Goal 5 and the /WR Water Resources Conservation Overlay Zone on the one hand, and Goal 15 and the City’s Willamette Greenway regulations on the other hand, are fundamentally different. Goal 5 is focused on protection of the Willamette River and its riparian areas as a water resource. Goal 15, on the other hand, is focused on the entire area within the adopted Willamette River Greenway Boundary (which in many areas extends much further from the river than the adjacent riparian areas) in order to ensure that development permitted within the Willamette River Greenway boundary is compatible with the Willamette River Greenway. The City Council finds that the City’s Willamette River Greenway regulations, as amended by the Willamette River Greenway Code Amendments, apply independently of the City’s adopted Goal 5 protection measures. An applicant proposing an intensification of use, change in use, or new development within the boundary of the Willamette River Greenway must comply with both the City’s Willamette Greenway regulations and the applicable requirements of the /WR Water Resource Conservation Overlay Zone. The City Council finds that the /WR Water Resource Overlay Zone requirements will remain in full force, will continue to maintain water resource and riparian protections for the Willamette River, and will continue to apply independently of the City’s Willamette River Greenway regulations as amended by the Willamette River Greenway Code Amendments. Consequently, the City Council finds that the Willamette River Greenway Code Amendments do not amend an acknowledged plan or land use regulation adopted in order to protect a significant Goal 5 resource or to address specific requirements of Goal 5. (b) The PAPA allows new uses that could be conflicting uses with a particular significant Goal 5 resource site on an acknowledged resource list; or The City Council finds that the Willamette River Greenway Code Amendments do not allow any new uses that could be conflicting uses with a particular Goal 5 resource site. Allowed uses are controlled by the base zone of a property and the Willamette River Greenway Code Amendments do not make any changes to base zones or their associated use lists; nor do the Willamette River Greenway Code Amendments rezone or re-designate any properties. The Code Amendments will simply add a second approval track, consisting of only clear and objective standards, for the review Willamette River Greenway Permits for proposed housing uses already allowed on properties located within the Willamette River Greenway. (c) The PAPA amends an acknowledged UGB and factual information is submitted demonstrating that a resource site, or the impact areas of such a site, is included in the amended UGB area. The Willamette River Greenway Code Amendments do not amend the City’s acknowledged Urban Growth Boundary (UGB). For all the reasons discussed above, the City Council finds that the Willamette River Greenway Code Amendments are consistent with Statewide Planning Goal 5. Page 6 Goal 6 - Air, Water and Land Resources Quality: To maintain and improve the quality of the air, water, and land resources of the state. Goal 6 addresses waste and process discharges from development, and is aimed at protecting air, water, and land from impacts from those discharges. The Willamette River Greenway Code Amendments do not change or reduce any of the City’s existing regulations related to waste and process discharges from development, including existing regulations affecting air quality, or discharges such as those related to stormwater treatment. The Willamette River Greenway Code Amendments are therefore consistent with Statewide Planning Goal 6. Goal 7 - Areas Subject to Natural Disasters and Hazards: To protect life and property from natural disasters and hazards. Goal 7 requires that local government planning programs include provisions to protect people and property from natural hazards such as floods, landslides, wildfires and earthquakes and related hazards. The Willamette River Greenway Code Amendments do not make changes to policies or regulations that protect people and property from natural hazards. Applicants proposing residential development within the Willamette River Greenway will be subject to the City’s existing natural hazard policies and regulations. Additionally, applicants proposing housing within the Willamette River Greenway and choosing to comply with the clear and objective Greenway approval criteria will generally not be permitted to construct structures within the Greenway setback or any required native landscape buffer areas. As such, the Willamette River Greenway Code Amendments may have the effect of reducing potential flood impacts on structures within the Greenway. For these reasons, the Willamette River Greenway Code Amendments are consistent with Statewide Planning Goal 7. Goal 8 - Recreational Needs: To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. Goal 8 ensures that recreational facilities are provided to Oregon citizens and is primarily concerned with the provision of recreational facilities in non-urban areas of the state. The City Council finds that over time, the City has developed an established network of public parks, open space areas, natural areas and multi-use paths that extend along 12 miles of Willamette River frontage to provide for the recreational needs of the citizens of Eugene and others. The network includes ten parks and two community centers, and 25.8 miles of public paths located within or adjacent to the Willamette River Greenway.2 The Willamette River Greenway Code Amendments include clear and objective access standards that require on- site pedestrian path connections for certain developments from the edge of the development site nearest to the Willamette River to building entrances, and in some cases, the provision of a public access connection to existing public pathways along the river, provided the City can demonstrate constitutionality of any required public dedication or improvement. The Code Amendments will not impact the provision of recreational facilities, as they are specific to the newly established clear and objective approval criteria for proposed housing uses within the Greenway. The Code Amendments do, however, have the potential to further improve the already ample public access to existing 2 In support of this finding, the City Council adopts and incorporates into these findings the information included under the heading “Parks and Recreation System Plan” on page 16 of the Design Plan attached as Attachment 1.A to these findings as well as Map 1.1, “Willamette River Greenway Parks, Natural Areas, and Open Space,” included on page 17 of the Design Plan showing the parks, natural areas, and open space located within Eugene’s Willamette Greenway Boundary. Page 7 recreation facilities within the Greenway. Therefore, the Willamette River Greenway Code Amendments are consistent with Statewide Planning Goal 8. Goal 9 - Economic Development: To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon 's citizens. Goal 9 requires cities to evaluate the supply and demand of commercial land relative to community economic objectives. The Willamette River Greenway Code Amendments, which will apply only within the City, will not rezone or re-designate any properties, and do not impact the City’s supply of industrial or commercial lands. Therefore, the Willamette River Greenway Code Amendments are consistent with Statewide Planning Goal 9. Goal 10 - Housing: To provide for the housing needs of the citizens of the state. Goal 10 requires the City to provide an adequate supply of buildable land to accommodate the City’s estimated housing needs for a 20-year planning period. The Envision Eugene Residential Land Supply Study (2012-2032) was adopted by the City of Eugene in 2017 as a refinement of the Envision Eugene Comprehensive Plan and complies with the requirements of Goal 10 and Chapter 660, Division 008 of the Oregon Administrative Rules. The Envision Eugene Residential Land Supply Study includes an inventory of buildable lands for residential use. According to the Residential Land Supply Study, there is sufficient buildable residential land to meet the identified land need. The Willamette River Greenway Code Amendments do not impact the City’s supply of residential buildable land. No land is being re-designated from a residential use to a non-residential use, and the amendments do not otherwise diminish the amount of land available for residential use. The City Council finds that approximately 88% of the lands within the Greenway are categorized as “committed lands” devoted to special uses like parks, schools, government offices, cemeteries, and rights-of-way and are therefore considered (for purposes of the adopted inventory) as having no development or redevelopment potential. Notably, some 44% of the lands within the Willamette River Greenway boundary are City-owned park land. The remaining 12% of other lands within the Greenway (i.e. lands not categorized as part of the 88% of “committed lands”) are considered to have development or redevelopment potential, with a majority of that remaining land being designated for residential use. Of the 1,782 acres of total land within the Greenway, approximately 1,569 acres are categorized as committed lands (with 782 acres of that area being City-owned park land), and the remaining 213 acres of land is considered developable.3 Goal 10 also requires the City to conduct a Housing Needs Analysis (HNA) to assess whether the City’s estimated housing needs for a 20-year planning period can be satisfied. The Envision Eugene Residential Land Supply Study includes an HNA that forecasts that Eugene’s population will increase by 33,778 people between 2012 and 2032. Based on the HNA analysis, Eugene will need 15,105 dwellings to accommodate this growth. The Willamette River Greenway Code Amendments do not impact the City’s supply of residential buildable land. The Code Amendments do not include any amendments to plan designations, existing zoning, or the City’s adopted buildable lands inventory. No land is being rezoned or re-designated from a residential use to a non- residential use, and the code amendments do not otherwise diminish the amount of land available for residential use. Rather, as explained in more detail below, the Willamette River Greenway Code Amendments 3 In support of this finding, the City Council adopts and incorporates into these findings the information included under the heading “Land Ownership” on page 20 of the Design Plan attached as Attachment 1.A to these findings, as well as Map 1.3 Willamette River Greenway Committed Lands” included on page 21 of the Design Plan showing the land ownership within Eugene’s Willamette Greenway Boundary. Page 8 are intended to reduce barriers to the development of housing within the Greenway, consistent with the clear and objective requirements of ORS 197.307 and OAR 660-008-0015. The City Council finds that the Willamette River Greenway Code Amendments will facilitate the review of proposed housing development in the Greenway under clear and objective standards, and constitute the City’s attempt to resolve a conflict between the requirements of Statewide Planning Goal 15 and the “clear and objective” requirements of ORS 197.307 and OAR 660-008-0015. The City Council finds that both the statutes that regulate the Willamette River Greenway (ORS 390.310 et seq) and Statewide Planning Goal 15 impose inherently subjective regulations on development within the Greenway boundary. ORS 390.314(2)(b) requires that intensification and changes of use in the Greenway be limited so that “such uses remain, to the greatest possible degree, compatible with the preservation of the natural, scenic, historical and recreational qualities” of lands within the Greenway (emphasis added). In addition, Goal 15 requires that the City’s Greenway implementation measures will: x “Insure that the best possible appearance, landscaping and public access are provided” within the Greenway, x Ensure that to “the greatest possible degree” any “intensification, change of use or development will provide the maximum possible landscaped area, open space or vegetation between the activity and the river,” and x Ensure that that to “the greatest possible degree” “[n]ecessary public access will be provided to and along the river by appropriate legal means.” Prior to the 2017 passage of Senate Bill 1051 (Oregon Laws 2017, chapter 745, section 5), ORS 197.307(4) and the Willamette Greenway laws worked in concert. Prior to 2017, housing not located on “buildable land” was not entitled to clear and objective standards. Lands within the Willamette River Greenway are specifically exempt from the definition of “buildable land” by the Land Conservation and Development Commission (LCDC). OAR 660-008-0005(2). Consequently, prior to the passage of SB 1051, housing constructed on land within in the Willamette River Greenway was explicitly outside the scope of the clear and objective requirement. However, the historic harmony between the state law requirements applicable to lands within the Greenway and the state law requirement for clear and objective standards was disrupted by the passage of Senate Bill 1051. Senate Bill 1051amended ORS 197.307(4) to remove the phrase “on buildable land” from that statute. The plain language of ORS 197.307(4) now requires that local governments offer all housing applicants the option to proceed under clear and objective standards; there is no longer an exemption from the “clear and objective” requirement for housing that is not located on “buildable land.” To address this inherent conflict between the subjective requirements of Goal 15 and the “clear and objective” requirements of ORS 197.307(4), the Willamette River Greenway Code Amendments create a two-track system that is consistent with the clear and objective requirements of ORS 197.307(4) and (6), and OAR 660-008-0015. This two-track system is also consistent with the City’s treatment of applications for Conditional Use Permits, Planned Unit Developments, Partitions, Subdivisions and Site Review, all of which include a clear and objective track as well as a discretionary track. The Code Amendments introduce a set of clear and objective approval criteria for Willamette Greenway Permit applications in addition to the existing discretionary approval criteria. An applicant who wishes to build housing in the Greenway may now choose to utilize a review process that contains only clear and objective standards. If an applicant proposing housing within the Greenway desires more flexibility than is afforded by the clear and objective standards, the applicant may choose to proceed under the subjective, but more flexible discretionary standards. Page 9 For all the reasons outlined above, the Willamette River Greenway Code Amendments are consistent with Statewide Planning Goal 10. Goal 11 - Public Facilities and Services: To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. The Willamette River Greenway Code Amendments do not affect the planning or development of future public facilities or services. The code amendments do not make changes to the City’s provision of public facilities and services or to the currently adopted Eugene/Springfield Public Facilities and Services Plan (PFSP). Consistent with the PFSP, the City will continue to plan and develop public facilities to support the land uses designated in the City’s acknowledged comprehensive plan, including public facility projects that support development within the Willamette River Greenway. Therefore, the Code Amendments are consistent with Statewide Planning Goal 11. The City of Eugene updated the PFSP during the adoption of Eugene Urban Growth Boundary in 2017 to ensure that all residential lands could be served. More recently, the City of Eugene and City of Springfield received a grant from the Department of Land Conservation and Development on October 6, 2021 to update the PFSP, including updates specifically focused on supporting housing development. Goal 12- Transportation: To provide and encourage a safe, convenient and economic transportation system. Goal 12 is implemented through the Transportation Planning Rule (TPR), OAR Chapter 660, Division 12. Eugene’s 2035 Transportation System Plan provides the policy framework through which the TPR is implemented at the local level. The TPR includes the following requirements at OAR 660-012-0060: (1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation (including a zoning map) would significantly affect an existing or planned transportation facility, then the local government must put in place measures as provided in section (2) of this rule, unless the amendment is allowed under section (3), (9) or (10) of this rule. A plan or land use regulation amendment significantly affects a transportation facility if it would: (a) Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors in an adopted plan); (b) Change standards implementing a functional classification system; or (c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection based on projected conditions measured at the end of the planning period identified in the adopted TSP. As part of evaluating projected conditions, the amount of traffic projected to be generated within the area of the amendment may be reduced if the amendment includes an enforceable, ongoing requirement that would demonstrably limit traffic generation, including, but not limited to, transportation demand management. This reduction may diminish or completely eliminate the significant effect of the amendment. (A) Types or levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; (B) Degrade the performance of an existing or planned transportation facility such that it would not meet the performance standards identified in the TSP or comprehensive plan; or, (C) Degrade the performance of an existing or planned transportation facility that is otherwise projected to not meet the performance standards identified in the TSP or Page 10 comprehensive plan. The TPR requires that land use changes that would significantly affect a transportation facility provide mitigation measures to address the anticipated impacts. The Willamette River Greenway Code Amendments will not significantly affect a planned or existing transportation facility, and no changes to existing, adopted land use designations or zoning of properties within the Greenway are proposed. The Code Amendments will not change the functional classification of an existing or planned transportation facility, nor will they change any standards implementing a functional classification system. Further, because the Code Amendments do not alter or affect the land uses allowed on properties within the Willamette Greenway Boundary, the amendments will not result in levels of travel or access which are inconsistent with the functional classification of an existing or planned transportation facility or degrade the performance standards of an existing or planned transportation facility so that it will not meet the performance standards identified in the City’s adopted transportation system plan. Therefore, the Willamette River Greenway Code Amendments are consistent with Statewide Planning Goal 12. Goal 13 - Energy Conservation: To conserve energy. Goal 13 provides guidance on the management of land and land uses to maximize the conservation of energy. The Willamette River Greenway Code Amendments do not concern energy conservation. Therefore, Statewide Planning Goal 13 does not apply. Goal 14 - Urbanization: To provide for an orderly and efficient transition from rural to urban land use. The Willamette River Greenway Code Amendments are specific to land already zoned and designated for urban uses. The amendments do not affect the transition from rural to urban land uses, as all the property affected by the amendments is located within the City limits. The Willamette River Greenway Code Amendments are therefore consistent with Statewide Planning Goal 14. Goal 15 - Willamette River Greenway: To protect, conserve, enhance and maintain the natural, scenic, historical, agricultural, economic and recreational qualities of lands along the Willamette River as the Willamette River Greenway. Oregon Statewide Planning Goal 15: Willamette River Greenway (OAR 660-015-0005) was adopted by the Land Conservation and Development Commission (LCDC) on December 6, 1975. Goal 15 is designed to “protect, conserve, enhance and maintain the natural, scenic, historical, agricultural, economic and recreational qualities of lands along the Willamette River as the Willamette River Greenway.” Goal 15 implementation measures, to be achieved through cooperative efforts of state and local governments, include the adoption of Greenway boundaries, management of uses permitted within those boundaries, and provisions for compatibility review. Eugene’s existing adopted and acknowledged Willamette River Greenway regulations comply with Goal 15, which requires cities and counties to establish provisions, by ordinance, for the review of intensifications of use, changes in use, or developments to ensure their compatibility with the Willamette Greenway. The City’s adopted and acknowledged Willamette Greenway regulations allow the City the approve uses, to apply requirements and approval criteria, and to impose conditions as necessary to carry out the purpose and intent of Goal 15 and to ensure that any intensification of use, changes in use, or developments are compatible with the Willamette Greenway. The following sections include findings that address the Willamette River Greenway Code Amendments’ compliance with relevant Goal 15 provisions in more detail. OAR 660-015-0005 B. sets out the following Greenway inventory requirements: Page 11 Inventories and Data. Information and data shall be collected to determine the nature and extent of the resources, uses and rights associated directly with the Willamette River Greenway. These inventories are for the purpose of determining which lands are suitable or necessary for inclusion within the Willamette River Greenway Boundaries and to develop the plans and management and acquisition programs…. The Willamette River Greenway Code Amendments do not amend the City’s adopted Willamette River Greenway boundary, or any land use plans, or management or acquisition programs related to the Greenway. Therefore, the City Council finds that the City is not required to conduct any of the inventories listed in OAR 660- 015-005 B in conjunction with adoption of the Willamette River Greenway Code Amendments. OAR 660-015-0005 E. sets out the following comprehensive plan requirements: 1. Boundaries: Boundaries of the approved Willamette River Greenway shall be shown on every comprehensive plan. In 1976, the City of Eugene approved Resolution No. 2592 which included the establishment of a Willamette River Greenway Boundary and identification of potential acquisition sites. The Greenway boundaries have been digitized into the Regional Land Information Database of Lane County (RLID), and are shown as an overlay on the land use diagram included in the Eugene-Springfield Metropolitan Area General Plan (Metro Plan); the City’s adopted and acknowledged regional comprehensive plan. The jurisdictional area of the Metro Plan was found to be in compliance with Goal 15 on September 12, 1982. Nothing in the Willamette Greenway Code Amendments changes or amends the Metro Plan or the City’s adopted Willamette River Greenway boundary. The City Council therefore finds that this comprehensive plan requirement is met. 2. Uses: Each comprehensive plan shall designate the uses to be permitted for the rural and urban areas of each jurisdiction, which uses shall be consistent with the approved DOT Greenway Plan, the Greenway Statutes, and this Goal. In addressing uses permitted within the portion of the Willamette River Greenway located in the City of Eugene, Element D of the Metro Plan, the “Willamette River Greenway, River Corridors, and Waterways Element,” generally provides that within Eugene, much of the land within the Greenway Boundary is in public ownership as public parks such as Skinner’s Butte Park and Alton Baker Park. The element further provides that park acquisitions, such as acquisition of the area of the Goodpasture Island gravel ponds, expand opportunities for public access and enjoyment of the river. The element also describes how Eugene cooperated with Springfield and Lane County in the development of a bicycle-pedestrian trail system that extends along the Greenway from south of Springfield to north of Eugene and into the River Road area. This system includes five bike bridges across the river. The element also acknowledges that privately owned land within the Greenway boundary includes a variety of uses, including residential, commercial and industrial uses, some of which appear to provide greater opportunity than others for public access and enjoyment of the river. The element states that residential uses in the Greenway have the potential to provide residents with access to the river, while certain commercial uses, such as restaurants, can provide visual access. The City of Eugene retains primary responsibility for implementation of the requirements of Goal 15. The land uses allowed in the portion of the Greenway located within the City of Eugene are controlled by the zoning and designation of the property. The City of Eugene requires Willamette River Greenway permits for any changes of use, intensifications of use and development within the Willamette River Greenway boundary. Nothing in the Willamette River Greenway Code Amendments changes or amends the Metro Plan or rezones or redesignates any properties. The City Council therefore finds that this comprehensive plan requirement is met. Page 12 3. Acquisition Areas: Each comprehensive plan shall designate areas identified for possible public acquisition and the conditions under which such acquisition may occur as set forth in the approved DOT Willamette Greenway Plan and any other area which the city or county intends to acquire. Element D of the Metro Plan, the “Willamette River Greenway, River Corridors, and Waterways Element,” generally acknowledges that land within the Greenway may be acquired for park use. Nothing in the Willamette River Greenway Code Amendments changes or amends the Metro Plan. OAR 660-015-0005 F. sets out the following requirements in the form of implementation measures to be achieved through cooperative efforts of State and local governments, consistent with Statewide Planning Goal 15, state statutes, and local governments’ comprehensive plans. These measures include: • Boundaries: Establishment of a Willamette River Greenway boundary on zoning maps and referred to in zoning and subdivision ordinances. • Uses: Management of uses within the Greenway including use management considerations and requirements required by section C3 of Goal 15. • Greenway Compatibility Review: Establishment of provisions by ordinance for the review of intensifications, changes in use, or developments to ensure compatibility with the Willamette Greenway. Each of these topic areas are addressed with additional findings below: F.1. Boundaries: Willamette River Greenway boundaries shall be shown on city and county zoning maps and referred to in the zoning ordinance and the subdivision ordinance. In 1976, the City of Eugene approved Resolution No. 2592 which included the establishment of a Willamette River Greenway boundary and identification of potential acquisition sites. In Eugene, the officially recognized Greenway boundary is the boundary adopted by Resolution No. 2592; however, these Greenway boundaries have also been digitized in the Regional Land Information Database (RLID) and are shown as a layer that can be viewed on the Eugene Zoning Map, available on the City’s website. The City Council finds that Chapter 9 of the Eugene Code constitutes the City’s “zoning ordinance” and “subdivision ordinance” as those terms are used in Goal 15. EC 9.8805 provides that Willamette Greenway Permits are required for all “intensifications of uses, changes in use, or developments within the boundaries of the Willamette River Greenway established by Resolution No. 2592;” therefore, the City Council finds that the Willamette River Greenway boundaries are shown on the City zoning map and referred to in the City’s zoning and subdivision ordinance as required. F.2. Uses: Measures for managing uses within the Greenway shall include at least: a. Exclusive farm use zoning of all agricultural land within and adjacent to the Greenway; The Willamette River Greenway Code Amendments do not rezone or re-designate any lands designated or zoned for exclusive farm use zoning or other agricultural uses. The Code Amendments only impact urban lands within the portion of the Willamette River Greenway located within the City of Eugene. b. Floodplain zoning of all areas subject to flooding; The City’s floodplain regulations comply with Federal Emergency Management Agency (FEMA) requirements as administered by local agencies. The City requires a floodplain development permit for all development within the floodplain, which is administered through building permit review and is not a land use decision. Development within the Willamette River Greenway and /WR conservation areas require land use review and approval, if permitted according to those separately applicable approval criteria for Willamette River Greenway Permits and Standards Review. Development is generally allowed in the floodplain subject to additional Page 13 standards for Special Flood Hazard Areas. Eugene’s land use code includes provisions regulating development in these areas as mapped according to FEMA, at EC 9.6705-9.6709. In short, those regulations impose additional requirements such as building the lowest floor to a height at or above the “Base Flood Elevation” and other design requirements intended to minimize damage to infrastructure and buildings within the floodplain and help protect human life and health. Design requirements include special provisions for anchoring, construction materials and methods, and required openings to allow for water flow below the required first floor elevation. The Willamette Greenway Code Amendments do not amend or change any applicable floodplain regulations. c. Open space zoning (see ORS Chapter 308.740) of all open space areas; and As discussed previously, the City has developed an established network of public parks, open space areas, natural areas and multi-use paths that extend along 12 miles of Willamette River frontage to provide for the recreational needs of the citizens of Eugene and others. The network includes ten parks and two community centers, and 25.8 miles of public paths located within or adjacent to the Willamette River Greenway. Approximately 44% of the overall lands within the Willamette River Greenway boundary in Eugene are City- owned park land. Much of this land is designated for park and open space uses on the adopted Metro Plan land use diagram, and appropriately zoned for public uses according to the City’s PL, Public Land Zone. The Willamette Greenway Code Amendments do not rezone or amend any existing plan designations, or change the status of any existing park land intended for open space uses. d. Provisions for the use management considerations and requirements set forth in C3 of [Goal 15]. As discussed in detail below, the City Council finds that the Willamette River Greenway Code Amendments comply with paragraph C.3. of Goal 15, and therefore also comply with this implementation measure F.2.d. OAR 660-015-0005 C. sets out the following additional considerations and requirements related to Greenway plans and implementation measures as referenced in OAR 660-015-0005 F., subsection F.2.d. as noted above: 3. Use Management Considerations and Requirements. Plans and implementation measures shall provide for the following: a. Agricultural lands -- The agricultural lands identified in the inventory shall be preserved and maintained as provided in Goal 3 as an effective means to carry out the purposes of the Greenway including those agricultural lands near the Greenway. Lands devoted to farm use which are not located in an exclusive farm use zone shall be allowed to continue in such farm use without restriction as provided in ORS 390.314(2)(c), ORS 390.332(4) and ORS 390.334(2); The Willamette River Greenway Code Amendments do not rezone or redesignate any lands designated or zoned for agricultural use. The Code Amendments only impact urban lands within the portion of the Willamette River Greenway located within the City of Eugene. The Code Amendments provide a set of clear and objective approval criteria available to Willamette River Greenway Permit applicants proposing housing. The Code Amendments do not regulate or prevent farm uses within or near the Willamette River Greenway. b. Recreation -- (1) Local, regional and state recreational needs shall be provided for consistent with the carrying capacity of the land; (2) Zoning provisions shall allow recreational uses on lands to the extent that such use would not substantially interfere with the long-term capacity of the land for farm use are defined in ORS 215.203; (3) The possibility that public recreation use might disturb adjacent property shall be considered and minimized to the greatest extent practicable; Page 14 (4) The public parks established by section 8a of Chapter 558, 1973 Oregon Laws, shall be set forth in Oregon Laws, shall be set forth on the appropriate comprehensive plans and zoning established which will permit their development, use and maintenance; The City Council finds that much of the land within the Willamette River Greenway boundary is in public ownership as public parks, such as Skinner’s Butte Park and Alton Baker Park. Over the years, Eugene has cooperated with Springfield and Lane County in the development of a bicycle-pedestrian trail system that extends along the Greenway from south of Springfield to north of Eugene and into the River Road area. This system includes five bike bridges across the river. The Willamette River Greenway Code Amendments do not change any existing public ownership or status of land devoted to recreational uses, as allowed by the City’s existing zoning or related standards for park, recreation or open space facilities. The Code Amendments also do not include the establishment or change the status of any parks as referenced under this provision, nor any specific development of park recreation use that might disturb adjacent property that would require further consideration or to be minimized. c. Access -- Adequate public access to the river shall be provided for, with emphasis on urban and urbanizable areas; As noted above, Eugene has cooperated with Springfield and Lane County in the development of a bicycle- pedestrian trail system that extends along the Greenway from south of Springfield to north of Eugene and into the River Road area. This system includes five bike bridges across the river. The City Council finds that the many public access points to the Willamette River and the portion of the Willamette Greenway located within the City of Eugene are shown on the map titled Willamette Greenway Public Access Points, which is adopted and incorporated in support of these findings (see Attachment 1.B). The Willamette River Greenway Code Amendments include clear and objective access standards to ensure compliance with the requirements of Goal 15 by requiring pedestrian pathways within development sites toward the river, and in some instances requiring public accessways that will connect beyond the development site to existing public ways that provide access to and along the river. d. Fish and wildlife habitat -- Significant fish and wildlife habitats shall be protected; The Willamette River is identified as a significant fish and wildlife habitat resource according to the Metro Plan’s Natural Assets and Constraints Working Papers (April 12, 1978) as well as in the City’s more recent Goal 5 inventory and related protection measures adopted in 2005 (see Ordinance No. 20351). The City Council finds that the Greenway Setback established by these Code Amendments, along with the additional standards for tree preservation and native landscape buffering, will protect significant fish and wildlife habitat as required by Goal 15 and will work in concert with the City’s adopted Goal 5 protection measures to continue to protect significant fish and wildlife habitats associated with the Willamette River. Although both the Willamette Greenway Code Amendments and the City’s adopted Goal 5 protection measures codified as the /WR Water Resources Overlay Zone have the effect of protecting the significant fish and wildlife habitat associated with the Willamette River, the intent and requirements of Goal 5 and the /WR Water Resources Conservation Overlay Zone on the one hand, and Goal 15 and the City’s Willamette River Greenway regulations on the other hand, are fundamentally different. Goal 5 is focused on protection of the Willamette River and its riparian areas as a water resource. Goal 15, on the other hand, is focused on the entire area within the adopted Willamette River Greenway boundary (which in many areas extends much further from the river than the adjacent riparian areas) in order to ensure that development is compatible with the Greenway. The City Council finds that the City’s Willamette River Greenway regulations (as amended by the Willamette River Greenway Code Amendments) apply independently of the City’s adopted Goal 5 protection measures, but taken together these local regulations collectively ensure the protection of the Willamette River and its associated fish and wildlife habitat. Page 15 e. Scenic qualities and views -- identified scenic qualities and viewpoints shall be preserved; According to the Metro Plan’s Natural Assets and Constraints Working Paper for Scenic Sites (April 12, 1978), ridgelines and water areas provide the greatest concentrations of scenic sites in the Eugene-Springfield Metro area. These scenic sites include the Willamette River as well as several prominent viewpoints and areas of park land such as Skinner’s Butte Park and Alton Baker Park. Areas of prominent and plentiful vegetation are also identified along the Willamette River. The vast majority of scenic areas located within the Greenway are protected as public park land. These Code Amendments will ensure continued protection of identified scenic qualities and views within the Greenway. The new clear and objective standards for the review of proposed housing within the Greenway protect the scenic qualities of the Greenway and views to and from the river by prohibiting structures other than pedestrian paths within the Greenway Setback, requiring native landscape buffering between development and the edge of the Greenway setback, limiting walls and fencing near the river, and requiring tree preservation, with greater tree preservation required closer to the river. The Code Amendments also require compliance with tree preservation standards for Willamette Greenway Permits reviewed under the discretionary track. f. Protection and safety -- The Willamette River Greenway Program shall provide for the 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; The Willamette River Greenway Code Amendments do not make any changes to public safety measures or protection of property within the Greenway. The City Council finds that the majority of lands within the Greenway are public, and many are designated as public parks. Nothing in these Code Amendments alters maintenance or public safety activities conducted by the City within the Willamette River Greenway boundary. Additionally, nothing in the Code Amendments alters or affects the rights of property owners to trespass individuals from their property. g. Vegetative fringe -- The natural vegetative fringe along the River shall be enhanced and protected to the maximum extent practicable; As discussed under the Greenway compatibility review requirements of Goal 15 below, the City Council finds that the tree preservation and native landscaping requirements, as well as the limits on allowed structures within the Greenway Setback included in the Willamette River Greenway Code Amendments will protect and enhance the natural vegetative fringe along the Willamette River consistent with this requirement. h. Timber resource -- The partial harvest of timber shall be permitted beyond the vegetative fringes in areas not covered by a scenic easement when the harvest is consistent with an approved plan under the Forest Practices Act, or, if not covered by the Forest Practices Act, then with an approved plan under the Greenway compatibility review provisions. Such plan shall insure that the natural scenic qualities of the Greenway will be maintained to the greatest extent practicable or restored within a brief period of time; The Willamette River Greenway Code Amendments do not include any lands designated for forest use, nor do they regulate plans approved under the Forest Practices Act for timber harvest. The amendments do include new standards for tree preservation, removal, and mitigation (i.e., restoration through replanting of trees that may be removed according to the new standards). New tree preservation standards are included in both the clear and objective approval criteria as well as the discretionary approval criteria for Willamette River Greenway Permit applications. The City Council finds that to this extent this section of Goal 15 is applicable to urban lands located within the City limits of Eugene, the tree regulations included in the Willamette River Page 16 Greenway Code Amendments will balance Goal 15’s expectation of development within the Greenway boundaries with maintenance and restoration of the natural scenic qualities of the Greenway. i. Aggregate extraction -- Extraction of known aggregate deposits may be permitted when compatible with the purposes of the Willamette River Greenway and when economically feasible, subject to compliance with ORS 541.605 to 541.695; ORS 517.750 to 517.900 and subject to compliance with local regulations designed to minimize adverse effects on water quality, fish and wildlife, vegetation, bank stabilization, streamflow, visual quality, noise, safety and to guarantee necessary reclamation; The Willamette River Greenway Code Amendments do not include any lands designated for uses related to extraction of aggregate deposits. According to the Metro Plan, the only lands specifically designated for the extraction of sand and gravel along the Willamette River are located beyond the City’s Urban Growth Boundary; outside of the area affected by these amendments. j. Development away from river -- Developments shall be directed away from the river to the greatest possible degree; provided, however, lands committed to urban uses within the Greenway shall be permitted to continue as urban uses, including port, industrial, commercial and residential uses, uses pertaining to navigational requirements, water and land access needs and related facilities; As discussed under the Greenway compatibility review requirements of Goal 15 below, the City Council finds that the combination of the Greenway Setback, and requirements for tree preservation, native landscape buffering and access to the river included in the Willamette River Greenway Code Amendments will direct development away from the river to the greatest possible degree while also appropriately balancing the allowance for development of properties within the Greenway according to existing zoning and plan designations. Lands committed to urban uses according to existing zoning and plan designations will continue to be permitted, subject to Willamette Greenway Permit approval, consistent with this requirement. k. Greenway setback -- A setback line will be established 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 the Greenway Inventories. The setback line shall not apply to water-related or water-dependent uses. As discussed under the Greenway compatibility review requirements of Goal 15 below, the City Council finds that the establishment of the Greenway Setback included in these Code Amendments will keep structures separated from the river as required to protect, maintain preserve and enhance the natural, scenic, historic and recreational qualities of the Willamette River Greenway. More specifically, the clear and objective track approval standards for proposed housing within the Greenway include a prohibition on the development of new structures within the Greenway Setback except for pedestrian pathways and public accessways. Willamette Greenway Permit applications for development of non-residential uses, such as recreational facilities that qualify as water-related or water-dependent uses adjacent to the river, will continue to require approval under the City’s discretionary track approval criteria. OAR 660-015-0005 F.3. sets out the Greenway compatibility review requirements to be implemented under Goal 15, which are further addressed below: F.3. Greenway Compatibility Review: Cities and counties shall establish provisions by ordinance for the review of intensifications, changes of use or developments to insure their compatibility with the Willamette River Greenway. Such ordinances shall include the matters in a through e below: Page 17 a. The establishment of Greenway compatibility review boundaries adjacent to the river within which review of developments shall take place. Such boundaries in urban areas shall be not less than 150 feet from the ordinary low water line of the Willamette River; in rural areas such boundaries shall include all lands within the boundaries of the Willamette River Greenway; The City of Eugene’s Greenway compatibility review boundaries include all lands within the adopted and acknowledged boundaries of the Willamette River Greenway, which in all cases are more than 150 feet from the ordinary low water line of the Willamette River. EC 9.8805 provides that Willamette River Greenway compatibility review, in the form of review of a Willamette River Greenway Permit application, is required for all intensifications of use, changes in use and development that occurs within the boundaries of the Greenway. The Code Amendments do not alter or amend the City’s Willamette River Greenway compatibility review boundaries. The City Council therefore finds that Willamette Greenway Code Amendments are consistent with this implementation measure. b. The review of intensification, changes of use and developments as authorized by the Comprehensive Plan and zoning ordinance to insure their compatibility with the Greenway statutes and to insure that the best possible appearance, landscaping and public access are provided. Such review shall include the following findings, that to the greatest possible degree: (1) The intensification, change of use or development will provide the maximum possible landscaped area, open space or vegetation between the activity and the river; The City Council finds that the clear and objective approval criteria included in the Willamette Greenway Code Amendments will ensure that, to the greatest possible degree, the intensification, change of use, or development proposed by a Willamette Greenway Permit applicant that proceeds under the clear and objective track in EC 9.8812 will provide the maximum possible landscaped area, open space or vegetation between the activity and the river. The Willamette River Greenway Setback: The Willamette River Greenway Setback established by Willamette River Greenway Setback Map, adopted as Exhibit A-1 to the Willamette River Greenway Code Amendments will prevent an applicant who chooses to proceed under the clear and objective track from building any structures within the setback area except pedestrian paths and public accessways proposed or required for compliance with clear and objective approval criteria regarding access to and along the river. The prohibition on structures within the setback includes fences and solid or masonry walls. The setback therefore ensures an area of open space and vegetation between the activity and the river. Prior to adoption of the Willamette River Greenway Code Amendments, the City Council adopted, and the Land Conservation Development Commission acknowledged, Willamette River Greenway Setbacks in three areas of the Greenway: the area included in the boundary of the Willakenzie Area Plan; the area included within the setback established by EC 9.3147, S-DR Downtown Riverfront Special Area Zone Willamette Greenway Setback; and the areas within the setbacks established by EC 9.3715(2), S-RP Riverfront Park Special Area Zone – Development Standards, Setback Requirements and related Policy C.1 from the Riverfront Park Study. The Willamette River Greenway Setback Map, adopted as Exhibit A-1 to the Willamette River Greenway Code Amendments, establishes the Willamette River Greenway Setback that applies to applicants that choose to proceed under the clear and objective Willamette River Greenway Permit approval criteria. The Willamette River Greenway Setback incorporates the adopted and acknowledged Willamette River Greenway setbacks included in the Willakenzie Area Plan, EC 9.3147, and EC 9.3715(2) and establishes the clear and objective setback for the remainder of the Willamette River Greenway within the City of Eugene as 100 feet from top of bank. Page 18 The City Council finds that the adopted and acknowledged Greenway Setbacks included in the Willakenzie Area Plan, EC 9.3147, and EC 9.3715(2), as incorporated into the Willamette River Greenway Setback included with these amendments, have been acknowledged by the Department of Land Conservation and Development to be in compliance with the Statewide Planning Goals, including Goal 15; therefore, the incorporated Greenway Setbacks will ensure that, to the greatest possible degree, the intensification, change of use, or development proposed by a Willamette Greenway Permit applicant that proceeds under the clear and objective track in EC 9.8812 will provide the maximum possible landscaped area, open space or vegetation between the activity and the river. The City Council further finds that the 100 foot setback applicable to applicants proceeding under clear and objective Willamette River Greenway Permit approval standards for properties in areas of the Greenway not subject to the Willakenzie Area Plan, EC 9.3147, or EC 9.3715(2), is consistent with the 100 foot setback applicable through the /WR Water Resources Conservation Overlay Zone, adopted to maintain water resource and riparian protections for the Willamette River, associated tributaries, wetlands and riparian areas as Goal 5 identified resources. Consequently, the City Council finds that a clear and objective Greenway Setback of 100 feet will ensure that, to the greatest possible degree, the intensification, change of use, or development proposed by a Willamette River Greenway Permit applicant that proceeds under the clear and objective track in EC 9.8812 will provide the maximum possible landscaped area, open space or vegetation between the activity and the river, while still allowing the development contemplated by Goal 15. Required Native Landscape Buffer: The clear and objective approval criteria in the Willamette River Greenway Code Amendments also include the requirement for a landscaped area at least 10 feet deep along the length of the Willamette River Greenway Setback and located on the opposite side of the Greenway Setback from the river. The landscaped area must be planted exclusively with native plants selected from a list adopted by the City. Solid and masonry walls are also prohibited within the native landscape area. Fences and Walls: The clear and objective approval criteria in the Willamette River Greenway Code Amendments provide that fences located within 300 feet of the Willamette River Greenway Setback may not be constructed of barbed wire, chain link fencing, or cyclone fencing, and must be at least 50 percent open (unobstructed to both light and air) to allow views through the fence. In addition, the Code Amendments prohibit solid or masonry walls within the Greenway Setback. Tree Preservation Standards: The Willamette Greenway Code Amendments add tree preservation, mitigation, and removal requirements to both the clear and objective approval criteria and the discretionary approval criteria for a Willamette River Greenway Permit. The clear and objective approval criteria include a requirement for compliance with tree preservation zones, which are situated so that more tree preservation is required close to the river. These standards also require that any trees planted within the setback are native trees selected from a list adopted by the City. The tree preservation standards added to the discretionary track also require preservation of significant trees to the greatest possible degree, and mitigation to the greatest possible degree, for the loss of any significant trees and vegetation through restoration and replacement. Conclusion: For all the reasons listed above, the City Council finds the clear and objective Willamette Greenway Setback and the clear and objective approval criteria related to landscaping, fences, walls and tree preservation will ensure that, to the greatest possible degree, an intensification, change of use, or development proposed by a Willamette River Greenway Permit applicant will provide the maximum possible landscaped area, open space or vegetation between the activity and the river, while still allowing intensifications of use, changes in use, and Page 19 development within the Willamette River Greenway as contemplated by Goal 15. The City Council therefore finds that Willamette River Greenway Code Amendments are consistent with this implementation measure. (2) Necessary public access will be provided to and along the river by appropriate legal means; The City Council finds that significant public access to and along the Willamette River has been provided over the years, consistent with Goal 15. Specifically, the City Council finds there are ten City-owned parks and two community centers open to the public located within the Willamette River Greenway. The City Council further finds that 782 acres of land within the Greenway are owned by the City as public land and used for park purposes. Finally, the City Council finds that there are 25.8 miles of bike paths open to the public within Eugene’s portion of the Willamette Greenway.4 The City Council also adopts and incorporates the map titled “Willamette Greenway Public Access Points,” into the Council’s findings regarding public access to and along the Willamette River (see Attachment 1.B). This map shows public access points to and within the Willamette River Greenway that are included on the digitized maps adopted as Exhibit C-1 to the Willamette Greenway Code Amendments. The public access points shown on the map include mapped points where public right-of- way and multi-use paths intersect with existing path connections within (or at the edge of) the Willamette River Greenway, that lead to the Willamette River. A more detailed description of the methodology to determine these points and the related walkability analysis conducted to create and refine the map is included in the record for these amendments. Consequently, the City Council finds that significant public access to and along the Willamette River already exists. In addition to the existing public access, the clear and objective approval criteria in the Willamette River Greenway Code Amendments apply the following access requirements to development that will result in five or more dwelling units on one development site: (1) if the development site abuts publicly owned land, three foot wide, on-site pedestrian paths must be provided from the property line nearest the Willamette River to main building entrances; and/or (2) if the development site is located more than 500 feet from a public access point and identified on Exhibit C-1 to the Willamette Greenway Code Amendments, the City will require the dedication and improvement of a public accessway, extending to existing public ways that provide a connection to or along the Willamette River, provided the City can make the required constitutional findings. For all the reasons listed above, the City Council finds the existing public access to and along the Willamette River, as well as the clear and objective approval criteria related to access included in the Willamette River Greenway Code Amendments, will ensure that, to the greatest possible degree, an intensification, change of use, or development proposed by a Willamette River Greenway Permit applicant will provide necessary public access to and along the river, while still allowing intensifications of use, changes in use, and development within the Willamette Greenway as contemplated by Goal 15. The City Council finds that Willamette River Greenway Code Amendments are consistent with this implementation measure. c. Provision is made for at least one public hearing on each application to allow any interested person an opportunity to speak; The City Council finds that Willamette River Greenway Code Amendments are consistent with this implementation measure because the Code Amendments provide that all Willamette River Greenway Permit applications, whether the applicant chooses to proceed under the discretionary track or the clear and objective track, will be reviewed in accordance with Type III application procedures in EC 9.7300 through 9.7340, which 4 In support of these findings, the City Council adopts and incorporates into these findings the information included under the heading “Parks and Recreation System Plan” on page 16 of the Design Plan attached as Attachment 1.A to these findings. Page 20 include a public hearing before the City’s Hearings Official, unless considered concurrently with a Type IV or Type V application pursuant to EC 9.7400-9.7455 or EC 9.7500-9.7560. The procedures for Type IV and Type V applications include two required public hearings – one before the Planning Commission and one before the City Council. The City Council therefore finds that the Willamette River Greenway Code Amendments are consistent with this implementation measure. d. Provision is made for giving notice of such hearing at least to owners of record of contiguous property and to any individual or groups requesting notice; and The Willamette Greenway Code Amendments require that notice of a public hearing on a Willamette Greenway permit application is provided to owners of record of property contiguous to the property that is the subject of the Willamette River Greenway application and to any individuals or groups requesting notice. The City Council finds that Willamette Greenway Code Amendments are consistent with this implementation measure. e. Provision is made to allow the imposing of conditions on the permit to carry out the purpose and intent of the Willamette River Greenway Statutes. EC 9.8812 and EC 9.8815 as amended by the Willamette River Greenway Code Amendments allow the City to impose conditions on the approval of a Willamette River Greenway Permit to ensure that the application complies with the applicable approval criteria. The City Council finds that Willamette Greenway Code Amendments are consistent with this implementation measure. f. As an alternative to the review procedures in subparagraphs 3(a) to 3(e), a city or county governing body may prepare and adopt, after public hearing and notice thereof to DOT, a design plan and administrative review procedure for a portion of the Greenway. Such design plan must provide for findings equivalent to those required in subparagraphs 3(b)(1) and (2) of paragraph F so as to insure compatibility with the Greenway of proposed intensification, changes of use, or developments. If this alternative procedure is adopted and approved by DOT and LCDC, hearing will not be required on each individual application. The Willamette Greenway Code Amendments do not include or propose a Design Plan or alternative administrative review procedure according to these provisions of Goal 15. The City Council finds that this implementation measure is not applicable.5 OAR 660-015-0005 G. sets out further noticing requirements to State agencies as follows: G. Notice of Proposed Intensification, Change of Use, or Development. Government agencies, including cities…shall not authorize or allow intensification, change of use or development on lands within the boundaries of the Willamette River Greenway compatibility review area established by cities and counties as required by paragraph F 3.a. without first giving written notice to DOT by immediately forwarding a copy of any application by certified mail – return receipt requested. Notice of action taken by [the City] on an application shall be furnished to DOT. 5 The City’s initially proposed version of the Willamette River Greenway Code Amendments included a “Design Plan” and alternative “administrative review procedure” (Type II Application Process) that would not have required a public hearing on Willamette River Greenway Permits reviewed under clear and objective approval criteria. The Willamette River Greenway Code Amendments have since been revised to maintain the City’s public hearing procedures for all Willamette Greenway Permits (Type III application process). As such, the City need not seek approval from the Oregon Land Conservation and Development Commission under the provisions of OAR 660-015- 0005F.(3)(f). Instead, these amendments are subject to the normal procedures for Post-Acknowledgement Plan Amendments in accordance with ORS Chapter 197. Page 21 The City Council finds that the Willamette River Greenway Code Amendments require compliance with paragraph G of Goal 15. Specifically, the Code Amendments require that a copy of the Willamette Greenway Permit application and notice of initial public hearings on Willamette Greenway Permit applications be mailed to both the Oregon Department of Transportation and the Oregon Parks and Recreation Department. Additionally, the Code Amendments require that notice of action taken by the City on a Willamette Greenway application be mailed to the Oregon Department of Transportation and the Oregon Parks and Recreation Department. The City Council finds that the Willamette Greenway Code Amendments are therefore consistent with paragraph G of Goal 15. Based on the findings above, the City Council finds that all applicable requirements of Statewide Planning Goal 15 are met by the Willamette River Greenway Code Amendments. Goal 16 through 19 (Estuarine Resources, Coastal Shorelands, Beaches and Dunes. and Ocean Resources): There are no coastal, ocean, estuarine, or beach and dune resources related to the lands affected by Willamette River Greenway Code Amendments. Therefore, these goals are not relevant, and the Willamette River Greenway Code Amendments will not affect compliance with Statewide Planning Goals 16 through 19. EC 9.8065(2): [The amendments are] consistent with applicable provisions of the comprehensive plan and applicable adopted refinement plans. The following findings address relevant portions of the City’s comprehensive plan, specifically including adopted policies and relevant text from the Eugene-Springfield Metropolitan Area General Plan (Metro Plan), the adopted and acknowledged regional comprehensive plan, the Envision Eugene Comprehensive Plan (Envision Eugene), the Eugene-specific adopted and acknowledged comprehensive plan, and applicable adopted refinement plans including the Willakenzie Area Plan, Downtown Riverfront Specific Area Plan, and Riverfront Park Study. The area within the Willamette River Greenway Boundary which is the subject of the Willamette River Greenway Code also encompasses land within parts of other refinement plan areas including the River Road-Santa Clara Urban Facilities Plan and Whiteaker Plan. While these additional refinement plans do not contain specific adopted policies relevant to the Willamette River Greenway Code Amendments, they are nonetheless considered with additional findings below for context and to ensure that all applicable refinement plans have been addressed. There are no specific adopted policies from the Envision Eugene Comprehensive Plan (Envision Eugene) that require findings under this criterion. Eugene-Springfield Metropolitan Area General Plan (Metro Plan) The Eugene-Springfield Metropolitan Area General Plan (Metro Plan) is the City’s adopted and acknowledged regional comprehensive plan and addresses a variety of land use planning responsibilities that remain regional in nature between Lane County, Springfield and Eugene. The Willamette River Greenway is one such element of the Metro Plan that is regional in nature. The Willamette Greenway Element of the Metro Plan provides general policy direction for all three jurisdictions but leaves the primary responsibility for local implementation of (and compliance with) Goal 15 requirements to each local jurisdiction. The local implementation measures vary by jurisdiction, but implementation measures for all three jurisdictions generally include codified Greenway compatibility review procedures, setback requirements and other required development standards such as for public access to and along the river. The primary purpose of the proposed Willamette River Greenway Code Amendments is to create a new set of clear and objective approval criteria and standards that will be available to applicants proposing housing development within the Greenway, consistent with the “clear and objective” requirements of ORS 197.307, and consistent with the requirements of Goal 15. The Willamette River Greenway Code Amendments will only Page 22 impact the portion of lands within the adopted Willamette River Greenway Boundary that are within Eugene’s jurisdiction; however, the Metro Plan provides helpful context for the regional policy framework and understanding how Goal 15 requirements are implemented locally. A brief discussion of Eugene’s legislative history relating to Goal 15 and the Metro Plan is therefore provided below. The Willamette River Greenway, River Corridors, and Waterways Element (Element D) is one of eleven specific elements within the Metro Plan. The introductory text of Element D notes that the jurisdictional area of the Metro Plan (i.e. the area within the overall Metro Plan Boundary), including areas within the Willamette River Greenway Boundary, was found to be in compliance with Goal 15 on September 12, 1982. The Greenway Boundary has been digitized in the Lane County Regional Land Information Database (RLID) and is shown as an overlay on the adopted Metro Plan land use diagram. In Eugene, the officially recognized Greenway Boundary is the boundary adopted by Resolution No. 2592 in 1976. The proposed Willamette River Greenway Code Amendments do not change or amend the City’s adopted Willamette River Greenway Boundary. Element D includes a general discussion about land ownership and public access which is relevant to the Willamette River Greenway Code Amendments. Within Eugene, much of the land within the Greenway Boundary is in public ownership as public parks such as Skinner’s Butte Park and Alton Baker Park. The element includes discussion related to park acquisitions, such as acquisition of the area of the Goodpasture Island gravel ponds, which have further expanded opportunities for public access and enjoyment of the river. The element also describes how Eugene cooperated with Springfield and Lane County in the development of a bicycle- pedestrian trail system that extends along the Greenway from south of Springfield to north of Eugene and into the River Road area. This system includes five bike bridges across the river. The element also notes that land along the Greenway in private ownership includes a variety of uses, some of which appear to provide greater opportunity than others for public access and enjoyment of the river. The element states that residential uses along the Greenway have the potential to provide residents with access to the river, while certain commercial uses, such as restaurants, can provide visual access. The Willamette River Greenway Code Amendments do not rezone or re-designate any properties, nor do they amend the text of the Metro Plan or the Metro Plan diagram. Due to the regional nature of the adopted Greenway policies in the Metro Plan, and the limited scope of the Willamette River Greenway Code Amendments in establishing clear and objective standards for the review of proposed housing within Eugene’s Willamette Greenway Boundary, only of few of the policies from Element D as listed below are specifically relevant to the Willamette River Greenway Code Amendments: Willamette River Greenway, River Corridors, and Waterways Element D.1 Periodically, local governments shall review Greenway boundaries, uses, and potential acquisition areas to ensure continued compliance with state and local Greenway goals. The scope of the Willamette River Greenway Code Amendments is limited to the establishment of new clear and objective standards for the review of proposed housing within the Greenway, as well as to add comparable discretionary tree preservation standards for the review of Willamette Greenway Permits to maintain parity between the City’s two review tracks. These Code Amendments do not include any changes to the existing adopted Willamette River Greenway Boundary, nor do they include the identification of any additional potential acquisition areas, or changes to allowed uses or zoning and plan designations. These amendments are however necessary to ensure continued compliance with the requirements of Goal 15 and State law, consistent with Metro Plan Policy D.1. D.2 Land use regulations and acquisition programs along river corridors and waterways shall take into account all the concerns and needs of the community, including recreation, resource, and wildlife protection; enhancement of river corridor and waterway Page 23 environments; potential for supporting non-automobile transportation; opportunities for residential development; and other compatible uses. The Willamette River Greenway Code Amendments include updates to the City’s land use regulations for Willamette River Greenway Permits consistent with this policy by considering extensive public input through the adoption process, including both oral and written testimony at public hearings before the Eugene Planning Commission and City Council. These Code Amendments have appropriately taken community input into account as evidenced by substantial revisions to the initial draft code and further refinements throughout the process to date, related to public access for the recreational use and enjoyment of the river by pedestrians and bicyclists (non-automobile transportation), as well as resource protections related to the scenic and wildlife habitat values of the Greenway. The City Council finds that these concerns have been properly balanced with the need to ensure continuing compliance with Goal 15 and ORS 197.307 by providing clear and objective standards for the review of proposed housing development within the Greenway. The addition of discretionary tree preservation standards to the City’s discretionary Willamette River Greenway Permit approval criteria will also provide comparable tree preservation standards between the two review tracks, including the review of Willamette Greenway Permits to ensure the compatibility of non-residential uses that do not qualify for review under the new clear and objective track. These Code Amendments are therefore consistent with Metro Plan Policy D.2. D.3 Eugene, Springfield, and Lane County shall continue to cooperate in expanding water- related parks and other facilities, where appropriate, that allow access to and enjoyment of river and waterway corridors. The City’s continuing cooperation with Springfield and Lane County as it relates to expansion of water-related parks and other facilities is unaffected by the Willamette River Greenway Code Amendments. However, as described elsewhere in these findings, these amendments do include new standards that will allow, and in some cases will have the effect of improving, access for enjoyment of the river through the required provision of pedestrian pathways and public accessways according to the clear and objective standards for proposed housing within the Greenway. D.4 Lane County, Springfield, and Eugene shall continue to participate in efforts to determine the feasibility of an urban canal that would connect Eugene’s historic Millrace to Amazon Creek. Likewise, Springfield’s efforts to improve the scenic quality of its Millrace should be encouraged. The Willamette River Greenway Code Amendments do not relate to the above policy concerning efforts to determine the feasibility of an urban canal that would connect Eugene’s historic Millrace to Amazon Creek, nor do they relate to the Millrace in Springfield which is outside of Eugene’s jurisdiction. Therefore, Metro Plan Policy D.4 does not apply. D.5 New development that locates along river corridors and waterways shall be limited to uses that are compatible with the natural, scenic, and environmental qualities of those water features. As addressed previously in these findings, the Willamette River Greenway Code Amendments will not change allowed uses according to the existing zoning and plan designations of lands within the Greenway, and otherwise comply with required compatibility review provisions under Statewide Planning Goal 15. The Code Amendments include new clear and objective standards for the review proposed housing to ensure that allowed residential uses (subject to approval of a Willamette River Greenway Permit) are compatible with the natural, scenic, and environmental qualities of the Willamette River as required by Goal 15 and Metro Plan Policy D.5. These include Greenway Setback requirements, native landscape buffer requirements, tree preservation standards, and limitations on walls and fencing that will apply if an applicant chooses to follow the clear and Page 24 objective review track. Taken together with the tree preservation requirements added to the City’s existing discretionary track approval criteria, these Code Amendments are consistent with Metro Plan Policy D.5. D.6 New industrial development that locates along the Willamette and McKenzie Rivers shall enhance natural, scenic, and environmental qualities. The Willamette River Greenway Code Amendments do not regulate the location of industrial development along the Willamette River. However, the Code Amendments will continue to require that any industrial change of use, intensification of use, or new development on property located in the City of Eugene and the Willamette River Greenway meet the approval criteria for a Willamette River Greenway Permit, some of which concern natural, scenic and environmental qualities of the lands along the Willamette River. Therefore, to the extent Metro Plan Policy D.6 applies to the Code Amendments, the amendments are consistent with the policy. D.7 Potential public access points in rural agricultural areas shall be carefully reviewed to ensure preservation of the Willamette River Greenway environment, with special emphasis on problems of vandalism and trespass. The Willamette River Greenway Code Amendments do not relate the above policy concerning rural agricultural areas which only exist outside of Eugene’s Urban Growth Boundary. Therefore, Metro Plan Policy D.7 does not apply. D.8 Within the framework of mandatory statewide planning goals, local Willamette River Greenway plans shall allow a variety of means for public enjoyment of the river, including public acquisition areas, residential areas, and commercial areas. The Willamette River Greenway Code Amendments are consistent with this policy as demonstrated in previous findings of compliance with applicable Statewide Planning Goals (see findings of compliance according to the approval criterion for these Code Amendments at EC 9.8065(1) above). The Code Amendments include provisions that balance the allowance for uses according to existing zoning and plan designations (including residential and commercial areas), with protections afforded under the Greenway compatibility review requirements of Goal 15. Applicants for Willamette River Greenway Permits will be able to utilize the new clear and objective Greenway standards for proposed housing development if they so choose, whereas commercial development will require review according to the discretionary track approval standards. In addition, the Code Amendments also include standards for access to the river and adjacent public lands within the Greenway consistent with Metro Plan Policy D.8. D.9 Local and state governments shall continue to provide adequate public access to the Willamette River Greenway. As addressed above regarding the public access requirements of Goal 15, Eugene has cooperated with Springfield and Lane County over the years in the development of a bicycle-pedestrian trail system that extends along the Greenway from south of Springfield to north of Eugene and into the River Road area. This system includes five bike bridges across the river. The City Council finds that the many public access points to the Willamette River and the portion of the Willamette River Greenway located within the City of Eugene are shown on the map titled Willamette Greenway Public Access Points, which is adopted and incorporated in support of these findings as noted previously (see Attachment 1.B). The Willamette River Greenway Code Amendments include access standards in the new clear and objective standards for the review of proposed housing development, to ensure compliance with the requirements of Goal 15 as well as Metro Plan Policy D.9 above, by requiring pedestrian pathways within development sites toward the river, and in some instances public accessways that will connect beyond the development site to existing public ways that provide access to and Page 25 along the river. The Willamette River Greenway Code Amendments are therefore consistent with Metro Plan Policy D.9. D.10 Aggregate extraction may be permitted when compatible with purposes of Statewide Planning Goal 15. Local governments shall continue, through land use planning and special regulations, to control aggregate extraction to minimize adverse effects of extraction on water quality, fish and wildlife, vegetation, bank stabilization, stream flow, scenic quality, noise, and safety. The Willamette River Greenway Code Amendments do not relate the above policy concerning aggregate extraction. According to the Metro Plan, the only lands specifically designated for the extraction of sand and gravel along the Willamette River are located beyond the City’s Urban Growth Boundary, outside of the area affected by these amendments. Therefore, Metro Plan Policy D.10 does not apply. D.11 The taking of an exception shall be required if a non-water-dependent transportation facility requires placing of fill within the Willamette River Greenway setback. The Willamette River Greenway Code Amendments do not allow a non-water-dependent transportation facility or otherwise require a Goal exception for the placement of fill within the Willamette River Greenway setback. Therefore, Metro Plan Policy D.11 does not apply. The following findings further demonstrate that the Willamette River Greenway Code Amendments are also consistent with, and supported by, the following additional Metro Plan policies: Residential Land Use and Housing Element Residential Density A.14 Review local zoning and development regulations periodically to remove barriers to higher density housing and to make provisions for a full range of housing options. Housing Types and Tenure A.17 Provide opportunities for a full range of choice in housing type, density, size, cost, and location. Design and Mixed Use A.24 Consider adopting or modifying local zoning and development regulations to provide a discretionary design review process or clear and objective design standards, in order to address issues of compatibility, aesthetics, open space, and other community concerns. While the Willamette River Greenway Code Amendments are not specifically targeted at higher density housing, the amendments are consistent with Metro Plan policy A.14 in that they will remove potential barriers to housing by providing a set of clear and objective set of standards for the review of Willamette River Greenway Permit applications required for the development of proposed housing within Eugene’s Willamette River Greenway Boundary. The clear and objective Willamette River Greenway Permit standards will be available for all housing types allowed by the zoning of properties in the Greenway and therefore support the development of a full range of choice in housing type, density, size, and cost within the Greenway, consistent with Metro Plan Policy A.17. Finally, the Willamette River Greenway Code Amendments are consistent with Metro Plan Policy A.24 because they provide a set of clear and objective standards, including clear and objective standards that Page 26 address compatibility of development with the Willamette River Greenway, aesthetics, open space, and access to and along the river through the Greenway setback and native landscaping, tree preservation and pedestrian access requirements. Environmental Design Element Policy E.1. In order to promote the greatest possible degree of diversity, a broad variety of commercial, residential, and recreational land uses shall be encouraged when consistent with other planning policies. E.2 Natural vegetation, natural water features, and drainageways shall be protected and retained to the maximum extent practical. Landscaping shall be utilized to enhance those natural features. This policy does not preclude increasing their conveyance capacity in an environmentally responsible manner. The City Council finds that Goal 15 recognizes and supports development within the Willamette Greenway boundary. Consistent with Goal 15 and Metro Plan Policy E.1, the Willamette River Greenway Code Amendments will not change any existing base zone provisions and to that end, continue to allow for diversity of uses within the Greenway, consistent with existing zoning. The Code Amendments also include requirements for public access to the river under certain circumstances and continue to support the ample recreational opportunities afforded by existing parks and the regional pathway system along the river. Consistent with Metro Plan Policy E.2, the Willamette River Greenway Code Amendments address the protection of natural vegetation, through development restrictions within the Greenway setback as well as native landscaping and tree preservation requirements. Applicable Refinement Plans The following findings demonstrate consistency of the Willamette Greenway Code Amendments with applicable provisions from the City’s locally adopted refinement plans. Adopted refinement plans with boundaries that encompass a portion of lands within the Willamette River Greenway Boundary include the Willakenzie Area Plan, Riverfront Park Study, Downtown Riverfront Specific Area Plan, Whiteaker Plan, and River Road-Santa Clara Urban Facilities Plan. Each of these refinement plans are addressed in more detail below. Willakenzie Area Plan Adopted and acknowledged in 1992, the Willakenzie Area Plan (WAP) boundaries are the Willamette River on the south and west sides, the Urban Growth Boundary (UGB) on the north, and Interstate 5 (I-5) on the east. Approximately six linear miles of Willamette River Greenway are located within the WAP’s refinement plan boundary. The Willamette River Greenway is addressed in the WAP’s Neighborhood Design Element. The “use management standards” from the Neighborhood Design Element of the WAP, applicable within the portion of the Willamette River Greenway located within the WAP plan area, include an adopted Greenway setback line to keep structures separated from the river that is 35 feet from the top of riverbank, with some exceptions as noted below. Additional use management standards from the WAP that are relevant to the Willamette River Greenway Code Amendments and were originally adopted to address Goal 15 requirements applicable within the Greenway portion of the plan area, are also listed below. 1. Provisions that all new structures, expansion of existing structures, drives, parking area, or storage areas shall not be permitted within the first 35 feet from the top of the riverbank, unless the location of the floodway boundary requires a greater separation. There are three exceptions to this standard: Page 27 a. Structures designed solely for recreation use (e.g., a deck or steps leading to the river) and driveways for boat landings and water-related or water-dependent uses are permitted within the 35-foot setback. b. Public improvements, including pedestrian and bicycle trails, public plazas, and similar amenities, but excluding roads and parking areas, are exempt from the setback requirements specified above. c. Structures existing as of the date of adoption of this plan shall be allowed to rebuild at the same distance from the river that they were before destruction by fire, flood or other disaster. The Willamette River Greenway Setback, established by the Willamette River Greenway Setback Map adopted as Exhibit A-1 to the Willamette River Greenway Code Amendments, sets the Greenway Setback line at 35 feet from the top of the riverbank for the area of the Greenway located within the boundaries of the WAP, consistent with this use management standard. To the extent that the boundary of the floodway within the WAP plan area, as established by EC 9.6706, may require a greater separation between development and the river than the Willamette Greenway Setback applicable to the clear and objective approval criteria established by the Willamette Greenway Code Amendments, the City’s adopted floodplain regulations require special consideration and include additional standards for the limited allowance of development in the floodway according to EC 9.6709(2)(d). These standards ensure that development within the floodway complies with development and construction standards specific to the floodway. The City Council finds that issuance of a Willamette Greenway Permit does not affect the requirement to comply with development standards applicable to the floodway. The Willamette River Greenway Code Amendments are therefore consistent with this use management standard. The City Council also notes that this use management standard includes exceptions that allow for structures within the setback beyond those that would be allowed under the new clear and objective standards included in the Willamette River Greenway Code Amendments, which limit structures within the Willamette River Greenway Setback to pedestrian pathways and public accessways that may be required under the new clear and objective track. The City Council finds that an applicant who wishes to construct structures allowed by this use management policy within the area of the Willamette River Greenway Setback, such as public improvements, recreational uses or pre-existing structures that may have been destroyed by fire, flood, or other disaster, will need to proceed under the City’s discretionary track for the review of Willamette Greenway Permits. The City Council finds that the Willamette River Greenway Code Amendments therefore comply with this use management standard. 2. Provision for public pedestrian and bicycle access along the river. The Willamette River Greenway Code Amendments are consistent with this use management standard because under certain circumstances the clear and objective approval criteria included in the amendments require pedestrian paths within a development site to allow residents to easily and conveniently access adjacent public lands, and/or public accessways extending from the development site to existing public ways that provide a connection to and along the river. 3. Provision that the area within the 35-foot setback area may be included in any density calculation of a project. The Willamette River Greenway Code Amendments do not affect or amend the density calculation allowed by this use management standard; therefore, the Willamette River Greenway Code Amendments are consistent with this standard. Page 28 4. Continuous building facades and opaque fences or walls exceeding 75 feet in length shall be discouraged within the Greenway to allow for visual access to and from the river. The Willamette River Greenway Code Amendments are consistent with this use management standard because the clear and objective approval criteria included in the amendments: provide that the length of any building façade located within the 100 feet of the Greenway Setback may not exceed 75 feet, prohibit solid and masonry walls within the Greenway Setback and the required landscape area; prohibit fences entirely within the Greenway Setback, and provide that fences located within the Willamette Greenway Boundary and within 300 feet of the Greenway Setback may not be constructed of barbed wire, chain link fencing, or cyclone fencing, and must be at least 50 percent open (unobstructed to both light and air) to allow views through the fence. 5. Activities or uses such as open storage of materials shall be discouraged within the greenway. The City Council finds that the Willamette River Greenway Code Amendments do not allow or encourage activities such as open storage of materials within the Greenway Boundary; therefore, the amendments are not inconsistent with this use management standard. 6. Except for small identity and directional signs, business signs shall be oriented away from the river. The Willamette River Greenway Code Amendments do not amend or address sign standards applicable to properties within the Willamette River Greenway; therefore, the amendments are not inconsistent with this use management standard. 7. Significant fish and wildlife habitats, as identified in the adopted Natural Resources Special Study, or Metropolitan Plan Natural Assets and Constraints Working Paper shall be protected. Sites subsequently determined to be significant by the Oregon Department of Fish and Wildlife shall also be protected. The Willamette River is identified as a significant fish and wildlife habitat resource according to the Metro Plan’s Natural Assets and Constraints Working Papers (April 12, 1978) as well as through the City’s more recent Goal 5 inventory and related protection measures adopted in 2005 (see Ordinance No. 20351). The City Council finds that the Willamette River Greenway Setback, along with additional standards for tree preservation and native landscape buffering included in the Willamette River Greenway Code Amendments, will continue to protect significant fish and wildlife habitats associated with the Willamette River as required by use management standard. To the extent that the City’s existing Goal 5 regulations (as implemented by the /WR Water Resource Conservation Overlay Zone standards noted previously) may require a greater setback at 100 feet in some instances for properties that do not qualify under exceptions for prior developed areas or existing land use approvals, those additional protections related to fish and wildlife habitat will continue to apply independently and are not affected by the Willamette River Greenway Code Amendments. 8. The natural vegetative riparian fringe along the Willamette River, as identified on the Willakenzie Area Plan Natural Resource Area Map, shall be protected and enhanced to the maximum extent practicable. The City Council finds that the tree preservation and native landscaping requirements, as well as the limits on allowed structures within the Greenway Setback included in the Willamette River Greenway Code Amendments will protect and enhance the natural vegetative fringe along the Willamette River consistent with this use management standard. Page 29 9. Scenic qualities and viewpoints, as identified in the Metro Plan Natural Assets and Constraints Working Paper shall be preserved. According to the Metro Plan’s Natural Assets and Constraints Working Paper for Scenic Sites (April 12, 1978), ridgelines and water areas provide the greatest concentrations of scenic sites in the Eugene-Springfield Metro area. These scenic sites include the Willamette River as well as several prominent viewpoints and areas of park land such as Skinner’s Butte Park and Alton Baker Park. Areas of prominent and plentiful vegetation are also identified along the Willamette River. The vast majority of scenic areas located within the Greenway are protected as public park land. These Code Amendments will ensure continued protection of identified scenic qualities and views within the Greenway as required by this use management standard. The new clear and objective standards for the review of proposed housing within the Greenway protect the scenic qualities of the Greenway and views to and from the river by prohibiting structures other than pedestrian paths within the Greenway Setback, requiring native landscape buffering between development and the edge of the Greenway setback, limiting on walls and fencing near the river, and requiring tree preservation, with greater preservation required closer to the river. The Code Amendments also require compliance with tree preservation standards for Willamette Greenway Permits reviewed under the discretionary track. In addition to the findings above related to the Willamette River Greenway Code Amendments’ consistency with specific use management standards, the City Council finds that the Willamette River Greenway Code Amendments are consistent with the WAP because they do not amend the WAP or alter the applicability of WAP use management standards to Willamette Greenway Permit applications. The WAP’s Greenway use management standards are only directly applicable as approval criteria for Willamette River Greenway Permits in the context of a discretionary track application for a property located within the WAP area, pursuant to EC 9.8815(4). The proposed Willamette River Greenway Code Amendments will not amend the WAP or alter the applicability of WAP use management standards to Willamette Greenway Permit applications (the WAP use management standards will continue to apply to Willamette Greenway Permit applications for properties located within the WAP and reviewed under discretionary review track). For all the reasons stated above, the City Council finds that the Willamette River Greenway Code Amendments are consistent with the WAP. Riverfront Park Study The Riverfront Park Study (1986) is an adopted refinement plan that includes land within the Willamette River Greenway and extends along the south bank of the river from Interstate 5 (I-5) to the Ferry Street Bridge, bounded to the north by the Willamette River, and to the south by Franklin Boulevard. This plan area includes a substantial amount of land owned by the University of Oregon, and as described in the plan, the area was studied for its potential to help diversify the local economy by developing a previously industrial area into an area that would support and utilize research activities of the University of Oregon. As the plan describes, this potential for economic development was focused on the substantial amount of University-owned land within the study area. One outcome of the plan includes the establishment of a corresponding special area zone, the S-RP Riverfront Park Special Area Zone (S-RP) which is codified at EC 9.3700-9.3730. This special area zone incorporates discretionary Willamette River Greenway Permit approval criteria that are specific to lands within the Greenway in the S-RP zone, including Greenway setback requirements that have been incorporated into the clear and objective standards proposed as part of the Willamette River Greenway Code Amendments. The only amendments proposed to the S-RP zone as part of this process include incorporation of the newly established clear and objective review option for any Willamette River Greenway Permits that may propose multiple-unit housing as an allowable accessory or supporting use within the zone. Page 30 The Riverfront Park Study’s Environment Policy C.1., in section II Polices, includes the establishment of a setback from the top of bank along the south side of the Willamette River as described below: C.1 The City of Eugene shall protect the riparian strip along the southern bank of the Willamette River within the study boundaries by: 1) directing future development away from this environmentally sensitive area; 2) establishing a buffer strip beginning at the top of the bank and extending a minimum of 35 feet to the south; 3) establishing a deeper setback to protect the east Millrace outfall and the heavily used bicycle/pedestrian area around the south approaches of the Autzen Bike Bridge; and 4) developing, with the University of Oregon and the Eugene Water &, Electric Board and other major property owners along the river's banks, an active management plan intended to enhance the environment of the natural vegetation along the river's edge. In this area, the riparian strip refers to the narrow vegetative strip along the steep south bank of the river. This policy is intended to protect the riparian strip along the river which will result in: 1) preservation of valuable natural elements; 2) riverbank stabilization; and 3) protection of developable property from potential debris during major flooding (a rare possibility). This policy also recognizes that development within the Riverfront Park Study area provides unique opportunities to create more of an urban edge along portions of the river through sensitive location of buildings along the river, and that location of some public improvements can occur within the buffer and riparian strip. For example, a bicycle/pedestrian path could appropriately be included within the buffer strip and a public plaza and public access improvements could appropriately extend to the river through the riparian strip. The buffer strip establishes a minimum 35-foot building setback south of the top of the riverbank to provide an area for development of public improvements that encourage access to and enjoyment of the river. Two areas have been identified where deeper setbacks would be required. The first is located around the east Millrace outfall where a building setback extending 150 feet south of the riverbank would protect the outfall as a significant natural water feature. This setback would not preclude the potential incorporation of the outfall into a development, nor would it preclude potential relocation of the bikepath across the outfall. The second area of special protection would occur around the south approach to the Autzen Bike Bridge. At this point a building setback extending 50 feet from each side of the bike bridge and about 135 feet south of the top of the riverbank would recognize the Autzen Bike Bridge and the riverbank to the west as areas of heavy bicycle/pedestrian and river-oriented activity. The relevant portions of this policy relate to the establishment of a Greenway setback which has been mapped and incorporated into the proposed clear and objective standards for the review of proposed housing, as part of the Willamette River Greenway Code Amendments. The policy establishes a minimum setback of 35 feet from the top of bank adjacent to the river with two exception areas. For the area identified as the east Millrace outfall, the policy establishes a setback extending 150 feet south of the riverbank to protect the outfall as a significant natural water feature. For the area identified as the south approach to the Autzen Bike Bridge (subsequently renamed as the Frohnmeyer Bridge), the policy establishes a setback extending 135 feet from the top of bank within 50 feet from each side of the bridge. The Willamette River Greenway Setback, established by the Willamette River Greenway Setback Map attached as Exhibit A-1 to the Willamette River Greenway Code Amendments is consistent with the setback requirements established by this policy, and the only amendment proposed to the S-RP zone is to add the allowance for an applicant proposing to develop housing within the Greenway to choose to proceed under the newly established clear and objective approval criteria for Willamette River Greenway Permits. Page 31 In addition, the City Council finds that the tree preservation and native landscaping requirements, as well as the limits on allowed structures within the Greenway Setback included in the Willamette River Greenway Code Amendments are consistent with this policy’s intent to protect and preserve the vegetative strip along the river, as well as other valuable natural elements. Finally, the City Council finds that the Willamette River Greenway Code Amendments are consistent with this policy’s intent to provide bicycle and pedestrian access and acknowledgement that such access may be appropriate within the setback. Consistent with this policy, under certain circumstances the clear and objective approval criteria included in the Willamette River Greenway Code Amendments require pedestrian paths within a development site to allow residents to easily and conveniently access adjacent public lands, and/or public accessways extending from the development site to existing public ways that provide a connection to and along the river. For all the reasons stated above, the City Council finds that the Willamette River Greenway Code Amendments are consistent with the Riverfront Park Study. Downtown Riverfront Specific Area Plan Eugene’s Downtown Riverfront Specific Area Plan (2013) was originally adopted in support of a proposed special area zone, the S-DR Downtown Riverfront Special Area Zone. The specific area plan and implementing zone provided a framework for mixed-use redevelopment of the former Eugene Water & Electric Board (EWEB) headquarters site and maintenance facilities located along the south bank of the Willamette River. The site area extends from the Ferry Street Bridge to the eastern extent of EWEB’s former ownership including the remaining Steam Plant Building and electrical substation. This master plan was found to be consistent with the Riverfront Park Study which originally included this land near the western extent of the study area and provided more specific master plan for redevelopment of this former industrial land into a vibrant, people-oriented mixed use neighborhood including a riverfront park and a mixture of residential and commercial uses adjacent to the river. The Downtown Riverfront Specific Area Plan was subsequently repealed, and the S-DR zone was revised in 2019 with an updated master plan concept approved by City Council. A related set of code amendments to the S-DR zone was adopted at that time, including changes to the approved street layout, allowed uses, and other development standards for the area. Those amendments did not, however, change the original plan’s establishment of a site-specific Willamette River Greenway setback that was mapped and included in the City’s adopting ordinance (see EC 9.3147 and Ordinance No. 20619). The adoption package also included a Willamette River Greenway Permit approval for development of the site in accordance with the S-DR zone. The Willamette River Greenway setback line was established for the Downtown Riverfront project site to keep structures separated from the river and to protect, maintain, preserve, and enhance the natural, scenic, historic, and recreational qualities of the Willamette Greenway. The setback line is site specific, context sensitive, and responds to existing conditions on the site as a former industrial site with existing buildings and redevelopment potential near the river. The setback for this specific area is measured from top-of-bank and varies in width from 25 feet to 125 feet. The setback’s variable width responds to existing site conditions and anticipated redevelopment consistent with the Downtown Riverfront Concept Plan vision. Existing structures, including the EWEB Headquarters, Steam Plant, and Willamette Substation, are excluded from the setback area. The EWEB Headquarters and Steam Plant are envisioned for adaptive reuse and are therefore excluded from the setback to enable future redevelopment. At the northern extent of the project site, the setback is approximately 60 feet in width and encompasses all property currently in use as open space and currently being developed as a riverfront park. The setback aligns with the eastern perimeter of the EWEB Headquarters North Building and EWEB Headquarters South Building and increases to approximately 110 feet in width to encompass the EWEB waterfront plaza and public access points between buildings. In the middle portion of the subject site, the setback aligns with the eastern edge of Page 32 the relocated riverfront bike path, is approximately 120 feet in width, and includes all areas designated for Riverfront Park use between the trail and the river. Further south, the setback aligns with the eastern perimeters of the Steam Plant and Willamette Substation and includes all areas between those properties and the river. In the southern extent of the project site, the setback is approximately 50 feet and encompasses additional areas designated for park or cultural landscape and open space uses and riparian/bank enhancement. In total, the Willamette Greenway setback protects 3.67 acres of the subject site and ensures that no new buildings will be constructed within the setback (except as allowed within the park for water-related and water- dependent uses), that adequate public access is provided along the river frontage, that limited existing habitat is preserved, and that the remaining natural vegetative fringe is protected. Because the Downtown Riverfront Specific Area Plan no longer serves as an adopted refinement plan, the existing site-specific Willamette River Greenway Setback is only relevant to the Willamette River Greenway Code Amendments in that the setback, established by the Willamette River Greenway Setback Map attached as an exhibit to the Willamette River Greenway Code Amendments, has been mapped to coincide with and match the Greenway Setback established by EC 9.3147 and Ordinance No. 20619. No code amendments are necessary or proposed to the S-DR zone, or the existing Willamette River Greenway Permit approval for development of the site according to that zone. Whiteaker Plan The Whiteaker Plan (1994) is an adopted refinement plan that includes area within the Willamette Greenway Boundary, along the south side of the Willamette River extending from the Ferry Street Bridge downstream to Maury Jacobs Park at the northern extent of the plan boundary. The plan includes elements related to zoning and land use, with descriptions and policies related to 13 specific subareas, as well as transportation, public safety, parks and recreation, and social services and education. The maps and specific subareas included in the plan do not show Willamette River Greenway Boundary, nor does the plan include any adopted Greenway setback or any policies specific to development within the Greenway. The predominant majority of land within the Whiteaker Plan area that is also within the Willamette River Greenway is designated for parks and open space uses, which has resulted in much of the area being protected and developed for park related uses consistent with the intent of Goal 15. This area is described in the plan as Metropolitan Parks - Subarea 13, which explains that much of the area has been zoned as public land since 1948. Since that time, an extensive regional park system emerged providing scenic and recreational areas along the river, atop Skinner’s Butte, and under the Washington/Jefferson Street Bridge. The subarea includes one policy which is to recognize this area as appropriate for park and recreational uses as well as other uses shown on the plan’s land use diagram. The Willamette River Greenway Code Amendments will not change any adopted land use designations or zoning within this subarea, or any other portion of the adopted plan area. A review of the parks and recreation element of the plan provides further description of the various facilities within this subarea, including policies and suggested implementation strategies for these facilities and related programs, park impacts and operations, and potential park expansion. None of these policies relate directly to the Willamette River Greenway Code Amendments which are focused on creating a new set of clear and objective standards for the review of proposed housing development within the Greenway. Only small portions of the Whiteaker Plan area within the Greenway include lands designated for development other than parks and recreational uses, including an area near the base of Skinner’s Butte on its south side (away from the river) which is designated for mixed use development. Downstream (west of) the Washington/Jefferson Street Bridge, a portion of the plan area within the Greenway include lands designated for a combination of mixed use, and low or medium density residential uses, much of which has already been developed according to the existing plan designations and zoning. Again, the Willamette River Greenway Code Amendments do not include any changes to existing plan designations or zoning for this area. The City Council does not find any Page 33 additional policies or related Whiteaker Plan provisions that require findings of consistency for the Willamette River Greenway Code Amendments. For the reasons stated above, the City Council finds that the Willamette River Greenway Code Amendments are consistent with the Whiteaker Plan. River Road-Santa Clara Urban Facilities Plan (RRSC Plan) The River Road-Santa Clara Urban Facilities Plan (1987) covers a large area of Eugene, much of which is still unincorporated (not yet annexed into City limits but included within Eugene’s Urban Growth Boundary), and includes two neighborhoods located along the west bank of the Willamette River – the River Road neighborhood and the Santa Clara neighborhood. Portions of the area of this refinement plan are included within the adopted Willamette River Greenway Boundary and are designated for a variety of uses including parks and public land, residential, and a few areas of commercial uses. The plan is organized into five sections that are focused on: sanitary sewer service, land use, public facilities and services, environmental design, and transportation. While the plan includes some discussion of park lands along the river (noting approximately 67 acres of existing park land along the river and related bike path improvements), and includes generalized map of the area within the Greenway and riparian areas along the river, there are no existing plan policies directly related to the Willamette River Greenway Code Amendments. Nonetheless, additional discussion of the City’s efforts to update this adopted refinement plan is provided below to provide context and address the relationship between these proposed Willamette River Greenway Code Amendments and the on-going update to the neighborhood refinement plan. A neighborhood planning process to update the RRSC Plan has been underway since 2017. From the beginning, the Willamette River has been an important component of the vision statements, goals, and policies in the planning process. The City Council recognizes that Greenway protections are a priority for the River Road and Santa Clara neighborhoods. As explained by staff during the Planning Commission’s deliberations on the Willamette River Greenway Code Amendments, feedback from the River Road Community Organization resulted in significant changes to the original version of the Willamette River Greenway Code Amendments, including the addition of tree preservation standards to better protect the natural and scenic qualities along the river, further limiting building façade lengths near the river to facilitate views, and ensuring that trees and plants located near the river consist of native species. These changes were responsive to, and took into consideration the special qualities of the Willamette River Greenway within the area of the River Road neighborhood. The Willamette River Greenway Code Amendment process has provided an opportunity to incorporate and align some of the goals and policy outcomes important to neighborhood planning participants into Willamette River Greenway Code Amendments, while the whole neighborhood plan moves toward adoption separately with longer term implementation to occur through a variety of other City programs and projects and collaboration with the neighborhood organizations. For all the reasons stated above, the City Council finds that the Willamette River Greenway Code Amendments are consistent with the River Road - Santa Clara Urban Facilities Plan. EC 9.8065(3): In the case of establishment of a special area zone, [the amendments are] consistent with EC 9.3020 Criteria for Establishment of an S Special Area Zone. The Willamette River Greenway Code Amendments do not establish a special area zone. Therefore, this criterion does not apply. Design Plan WILLAMETTE RIVER GREENWAY CODE AMENDMENTS Eugene, Oregon Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | DESIGN PLAN ৱ INTRODUCTION ৰ৯352-(&71$55$7,9( 0$3৳৳:5*3$5.61$785$/$5($623(163$&( 0$3৳৴:5*38%/,&$&&(66 0$3৳৵:5*2:1(56+,3 ৱ৯7232)%$1.'(7(50,1$7,21 ৲৯6(7%$&.'(7(50,1$7,21 0$3৵৳29(5$//:*60$3 ৳৯'(6,*13/$1),1',1*6 $33(1',&(6 ৲ ৴ ৳৹ ৳৻ ৴৳ ৱৱ ৱ৵ ৵৴ ৲৲ ৲৶ Table of Contents Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৲ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN INTRODUCTION Oregon Statewide Planning Goal 15: Willamette River Greenway (OAR 660-015-0005) (Goal 15) was adopted by the Land Conservation and Development Commission (LCDC) on December 6, 1975.1 Goal 15 is designed to “protect, conserve, enhance and maintain the natural, scenic, historical, agricultural, economic and recreational qualities of lands along the Willamette River as the Willamette River Greenway.” Goal 15 LPSOHPHQWDWLRQPHDVXUHVDUHWREHDFKLHYHGWKURXJKFRRSHUDWLYHHࢆRUWVRIVWDWHDQGORFDOJRYHUQPHQWV and include the adoption of Greenway boundaries, management of land uses permitted within those boundaries, and provisions for compatibility review. In 1976, the City of Eugene approved Resolution No. 2592 which included the establishment of a Willamette 5LYHU*UHHQZD\%RXQGDU\DQGLGHQWLࢉFDWLRQRISRWHQWLDODFTXLVLWLRQVLWHV2UGLQDQFH1RDGRSWHG LQDGGHG*UHHQZD\FRPSDWLELOLW\SURFHGXUHVLQWRWKH(XJHQH&RGHDQGSURYLGHGWKDWGHYHORSPHQW within the Greenway was only allowed in accordance with Planned Unit Development regulations or &RQGLWLRQDO8VHSURFHGXUHV2UGLQDQFH1RDGRSWHGLQDPHQGHGWKHDGRSWHG*UHHQZD\ compatibility review procedures to add additional approval criteria consistent with the requirements of Goal 15. Ordinance No. 20224, adopted in 2001, replaced prior Greenway compatibility review procedures and adopted new code provisions for Willamette Greenway Permits that included purpose and applicability VHFWLRQVJHQHUDOUHTXLUHPHQWVDSSURYDOFULWHULDDQGVWDQGDUGVDQGPRGLࢉFDWLRQV7KRVHSURYLVLRQVKDYH UHPDLQHGVWDWLFDQGODUJHO\XQFKDQJHGH[FHSWIRUPLQRUPRGLࢉFDWLRQVRYHUWKHODVW\HDUV *RDOUHTXLUHVFLWLHVDQGFRXQWLHVZLWKODQGVLQWKH*UHHQZD\WRUHYLHZLQWHQVLࢉFDWLRQVRIXVHFKDQJHV RIXVHRUGHYHORSPHQWVWRLQVXUHWKHLUFRPSDWLELOLW\ZLWKWKH:LOODPHWWH5LYHU*UHHQZD\7KHJRDORࢆHUV FLWLHVDQGFRXQWLHVDFKRLFHEHWZHHQWZRWUDFNVIRUUHYLHZRILQWHQVLࢉFDWLRQVRIXVHFKDQJHVRIXVHDQG GHYHORSPHQWVZLWKLQWKH*UHHQZD\WKH\FDQHLWKHUDGRSWVSHFLࢉFFRPSDWLELOLW\VWDQGDUGVLQFOXGHGLQWKH goal and provide for a public hearing on each application for development within the Greenway, or they FDQDGRSWDGHVLJQSODQDQGDGPLQLVWUDWLYHUHYLHZSURFHGXUH7KH(XJHQH&RGHFXUUHQWO\FRPSOLHVZLWK WKHࢉUVWUHYLHZWUDFNUHTXLULQJDSXEOLFKHDULQJDQGFRPSOLDQFHZLWKVSHFLࢉFVXEMHFWLYHVWDQGDUGVODLGRXW LQ*RDOIRUDOOLQWHQVLࢉFDWLRQVRIXVHFKDQJHVRIXVHDQGGHYHORSPHQWVZLWKLQWKH*UHHQZD\ 7KHGHVLJQSODQDQGDGPLQLVWUDWLYHUHYLHZSURFHGXUHDOORZHGE\*RDOSURYLGHWKH&LW\ZLWKWKH RSSRUWXQLW\WRDGRSWFOHDUDQGREMHFWLYHVWDQGDUGVIRUGHYHORSPHQWRIKRXVLQJLQWKH*UHHQZD\ZKLOHVWLOO PHHWLQJWKHFRPSDWLELOLW\ࢉQGLQJVUHTXLUHGE\WKHJRDO7KHGHVLJQSODQPXVWLQFOXGHࢉQGLQJVXQGHUWKH IROORZLQJFULWHULDVHWRXWLQVHFWLRQV E  DQG  RISDUDJUDSK)RI*RDO >7@RWKHJUHDWHVWSRVVLEOHGHJUHH •7KHLQWHQVLࢉFDWLRQFKDQJHRIXVHRUGHYHORSPHQWZLOOSURYLGHWKHPD[LPXPSRVVLEOHODQGVFDSHGDUHD open space or vegetation between the activity and the river • Necessary public access will be provided to and along the river by appropriate legal means. 7KLVGRFXPHQWFRQVWLWXWHVWKHDesign Plan, which is supported by concurrently adopted land use code DPHQGPHQWVWKDWLPSOHPHQWERWKDQDGPLQLVWUDWLYHUHYLHZSURFHGXUHDQGFOHDUDQGREMHFWLYHDSSURYDO FULWHULDIRUWKHUHYLHZRIKRXVLQJGHYHORSPHQWZLWKLQWKH*UHHQZD\%RXQGDU\7KHDesign Plan includes the following components: 1 *XQGHUVRQ//&Y&LW\RI3RUWODQG2U   Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৳ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN • Narrative describing the purpose and need for amendments to Willamette Greenway Permit code provisions in order to remove barriers to the development of housing, the history of current code provisions, and the relationship between Goal 5 and Goal 15 protections. • Methodology for the establishment and mapping of a Willamette River Greenway setback and top of EDQNOLQHVDVFRPSRQHQWVRIWKHQHZFOHDUDQGREMHFWLYHDGPLQLVWUDWLYHUHYLHZSURFHGXUH6XPPDU\RI City-wide plans, policies, and studies that support and augment implementation of Goal 15 within the Urban Growth Boundary (UGB). •)LQGLQJVRIFRPSOLDQFHZLWKVHFWLRQV E  DQG  RIVXESDUDJUDSK)RI*RDO Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৴ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN ৰ৯352-(&7 1$55$7,9( ৰৰ 29(59,(: 7KHSXUSRVHRIWKH:LOODPHWWH5LYHU*UHHQZD\ *UHHQZD\ &RGH$PHQGPHQWVSURMHFWLVWRXSGDWH (XJHQHȆV/DQG8VH&RGHDQGVSHFLࢉFDOO\WKH:LOODPHWWH*UHHQZD\SHUPLWUHJXODWLRQVWRUHGXFHEDUULHUVWR the development of housing. Historical Context ,QWKH2UHJRQ/HJLVODWXUHȉHVWDEOLVKHGWKH:LOODPHWWH5LYHU*UHHQZD\DFRUULGRURISURWHFWHGODQG ORFDWHGDORQJWKHEDQNVRIWKHULYHUȊ*XQGHUVRQ//&Y&LW\RI3RUWODQG2U3G  7KH2UHJRQ6XSUHPH&RXUWH[SODLQHGWKH*UHHQZD\SURJUDPDVIROORZV 7KHOHJLVODWXUHH[SUHVVHGUHFRJQLWLRQRIȅWKHQHHGRIWKHSHRSOHRIWKLVVWDWHIRUH[LVWLQJUHVLGHQWLDO FRPPHUFLDODQGDJULFXOWXUDOXVHRIODQGVDORQJWKH:LOODPHWWH5LYHUȆDQGDOVRWKHQHHGWRȅSHUPLWWKH FRQWLQXDWLRQRIH[LVWLQJXVHVRIODQGVWKDWDUHLQFOXGHGZLWKLQVXFKJUHHQZD\>@Ȇ256  E $WWKH VDPHWLPHWKHOHJLVODWXUHUHFRJQL]HGWKHQHHGȅWROLPLWWKHLQWHQVLࢉFDWLRQDQGFKDQJHLQWKHXVHRIVXFK lands so that such uses shall remain, to the greatest possible degree, compatible with the preservation of the natural, scenic, historical and recreational qualities of such lands.’ 7KHOHJLVODWXUHSODFHGSULPDU\UHVSRQVLELOLW\IRUWKHFRRUGLQDWLRQRIWKHGHYHORSPHQWDQGPDLQWHQDQFH RIWKH*UHHQZD\ZLWKWKH6WDWH3DUNVDQG5HFUHDWLRQ'HSDUWPHQW GHSDUWPHQW 256  G 7KH legislature then charged the department, in cooperation with local governments that have greenway lands within their boundaries, to prepare a plan for the development and management of the Greenway. In 1975, the department, in cooperation with nine counties and other local governments along the *UHHQZD\VXEPLWWHGWR>WKH/DQG&RQVHUYDWLRQDQG'HYHORSPHQW&RPPLVVLRQ@DSUHOLPLQDU\JUHHQZD\ plan, a greenway goal, and policies for a completed greenway plan. On December 6, 1975, the commission adopted the Willamette River Greenway Program, consisting of an order adopting a Preliminary Willamette Greenway Plan and Statewide Planning Goal 15 (Goal 15). Goal 15 provides that each city and county in which the Greenway is located must incorporate portions of the Willamette River Greenway Plan into its comprehensive plan, implementing ordinances and other implementing measures. &LWLHVDQGFRXQWLHVDUHDOVRUHTXLUHGWRȅHVWDEOLVKSURYLVLRQVE\RUGLQDQFHIRUWKHUHYLHZRILQWHQVLࢉFDWLRQV changes of use and developments to ensure their compatibility with the Willamette River Greenway.’ OAR *RDO3DUDJUDSK)  7KRVHRUGLQDQFHVPXVWLQFOXGHȅ>W@KHUHYLHZRILQWHQVLࢉFDWLRQ changes of use and developments as authorized by the Comprehensive Plan and zoning ordinance to insure their compatibility with the Greenway statutes and to insure that the best possible appearance, ODQGVFDSLQJDQGSXEOLFDFFHVVDUHSURYLGHGȆ2$5*RDO3DUDJUDSK)  E 7KHUHYLHZ PXVWLQFOXGHࢉQGLQJVWKDW>WRWKHJUHDWHVWSRVVLEOHGHJUHH@WKHLQWHQVLࢉFDWLRQFKDQJHRIXVHRU GHYHORSPHQWȅZLOOSURYLGHWKHPD[LPXPSRVVLEOHODQGVFDSHGDUHDRSHQVSDFHRUYHJHWDWLRQEHWZHHQWKH DFWLYLW\DQGWKHULYHU>@Ȇ2$5*RDO3DUDJUDSK)  E   Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৵ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN *81'(5621৵৷৴25$7৸৷৲৷৵ %RWKWKHVWDWXWHVWKDWUHJXODWHWKH:LOODPHWWH5LYHU*UHHQZD\ 256HWVHT DQG*RDOLWVHOI LPSRVHLQKHUHQWO\VXEMHFWLYHUHJXODWLRQVRQGHYHORSPHQWZLWKLQWKH*UHHQZD\DUHD256  E  UHTXLUHVWKDWLQWHQVLࢉFDWLRQDQGFKDQJHVRIXVHLQWKH*UHHQZD\EHOLPLWHGVRWKDWȉVXFKXVHVUHPDLQ to the greatest possible degree, compatible with the preservation of the natural, scenic, historical and recreational qualities” of lands within the Greenway. In addition, Goal 15 requires that the City’s Greenway implementation measures: • “Insure that the best possible appearance, landscaping and public access are provided” within the Greenway, •(QVXUHWKDWWRȉWKHJUHDWHVWSRVVLEOHGHJUHHȊDQ\ȉLQWHQVLࢉFDWLRQFKDQJHRIXVHRUGHYHORSPHQWZLOO provide the maximum possible landscaped area, open space or vegetation between the activity and the river,” and •(QVXUHWKDWWKDWWRȉWKHJUHDWHVWSRVVLEOHGHJUHHȊȉ>Q@HFHVVDU\SXEOLFDFFHVVZLOOEHSURYLGHGWRDQG along the river by appropriate legal means.” 6((2$5৸৸৲৲৳৷৲৲৲৷*2$/৳৷3$5$*5$3+) ৵  7KH:LOODPHWWH*UHHQZD\3HUPLWDSSURYDOFULWHULDORFDWHGDW(&LPSOHPHQWWKHUHTXLUHPHQWVRI *RDO256DQGWKH&LW\ȆVFRPSUHKHQVLYHSODQLQFOXGLQJWKHIROORZLQJVSHFLࢉFODQJXDJHUHTXLUHG E\*RDOȉWRWKHJUHDWHVWSRVVLEOHGHJUHHWKHLQWHQVLࢉFDWLRQFKDQJHRIXVHRUGHYHORSPHQWZLOOSURYLGH the maximum possible landscaped area, open space or vegetation between the activity and the river” and “to the greatest possible degree, necessary and adequate public access will be provided along the :LOODPHWWH5LYHUE\DSSURSULDWHOHJDOPHDQVȊ2$5*RDO3DUDJUDSK)   6(1$7(%,//৳৲৷৳ 3ULRUWRWKHSDVVDJHRI6HQDWH%LOO256  VRPHWLPHVUHIHUUHGWRDVWKH1HHGHG Housing statute, and the Willamette Greenway laws worked in concert. Before the legislature adopted 6HQDWH%LOO256  SURYLGHGWKDWORFDOJRYHUQPHQWVFRXOGRQO\DSSO\ȉFOHDUDQGREMHFWLYH standards, conditions and procedures regulating the development of needed housing on buildable land….” Or Laws 2017, ch 745, § 5 (emphasis added). In other words, prior to Senate Bill 1051, housing not located RQȉEXLOGDEOHODQGȊZDVQRWHQWLWOHGWRFOHDUDQGREMHFWLYHVWDQGDUGV/DQGVZLWKLQWKH:LOODPHWWH5LYHU *UHHQZD\DUHVSHFLࢉFDOO\H[HPSWIURPWKHGHࢉQLWLRQRIȉEXLOGDEOHODQGȊE\WKH/DQG&RQVHUYDWLRQDQG 'HYHORSPHQW&RPPLVVLRQ /&'& 2$5   2$5  GHࢉQHVȉEXLOGDEOHODQGȊDVȉUHVLGHQWLDOO\GHVLJQDWHGODQGZLWKLQWKHXUEDQJURZWK boundary, including both vacant and developed land likely to be redeveloped, that is suitable, available and QHFHVVDU\IRUUHVLGHQWLDOXVHVȏ>O@DQGLVJHQHUDOO\FRQVLGHUHGȅVXLWDEOHDQGDYDLODEOHȆXQOHVVLWȏ>L@VVXEMHFWWR QDWXUDOUHVRXUFHSURWHFWLRQPHDVXUHVGHWHUPLQHGXQGHU6WDWHZLGH3ODQQLQJ*RDOVRU>@Ȋ (Emphasis added). /DQGORFDWHGZLWKLQWKH:LOODPHWWH5LYHU*UHHQZD\LVVXEMHFWWR*RDOQDWXUDOUHVRXUFHSURWHFWLRQ measures and is therefore not considered “buildable land.” Consequently, prior to the passage of SB 1051, housing constructed on land within in the Willamette River Greenway was explicitly outside the scope of WKHFOHDUDQGREMHFWLYHUHTXLUHPHQW3ULRUWR6HQDWH%LOOEHFDXVHODQGVZLWKLQWKH*UHHQZD\ZHUH Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৶ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN H[HPSWIURPWKHFOHDUDQGREMHFWLYHUHTXLUHPHQWVRI256  WKHLQKHUHQWO\VXEMHFWLYH UHTXLUHPHQWVRI256DQG6WDWHZLGH3ODQQLQJ*RDOGLGQRWFRQࢊLFWZLWKWKHFOHDUDQGREMHFWLYH UHTXLUHPHQWVRI256   However, the historic harmony between the state law requirements applicable to lands within the *UHHQZD\DQGWKHVWDWHODZUHTXLUHPHQWIRUFOHDUDQGREMHFWLYHVWDQGDUGVZDVGLVUXSWHGE\WKHSDVVDJHRI Senate Bill 1051. ,QWKH2UHJRQ/HJLVODWXUHDGRSWHG6HQDWH%LOOZKLFKDPHQGHG256  WRUHPRYHWKH SKUDVHȉRQEXLOGDEOHODQGȊ2U/DZVFKi256  QRZSURYLGHVLQSHUWLQHQWSDUWWKDW ORFDOJRYHUQPHQWVȉPD\DGRSWDQGDSSO\RQO\FOHDUDQGREMHFWLYHVWDQGDUGVFRQGLWLRQVDQGSURFHGXUHV UHJXODWLQJWKHGHYHORSPHQWRIKRXVLQJLQFOXGLQJQHHGHGKRXVLQJȊ7KHSODLQODQJXDJHRI256   QRZUHTXLUHVWKDWORFDOJRYHUQPHQWVRࢆHUDOOKRXVLQJDSSOLFDQWVWKHRSWLRQWRSURFHHGXQGHUFOHDUDQG REMHFWLYHVWDQGDUGVWKHUHLVQRORQJHUDQH[HPSWLRQIURPWKHȉFOHDUDQGREMHFWLYHȊUHTXLUHPHQWIRU housing that is not located on “buildable land.” 7KHQHZO\FRPSHWLQJUHTXLUHPHQWVRI256DQG*RDORQRQHKDQGDQG256  RQWKH other, have created a legal conundrum for cities with land located within the Greenway. In addition, the newly adopted requirements of OAR Chapter 660, Division 46: Middle Housing in Medium and Large Cities, provide additional impetus for the City to amend its Willamette Greenway permit regulations to adopt clear DQGREMHFWLYHVWDQGDUGVFRQGLWLRQVDQGSURFHGXUHVUHJXODWLQJWKHGHYHORSPHQWRIKRXVLQJLQFOXGLQJ middle housing, within the Greenway Boundary. As noted above, Eugene’s Greenway regulations are derived from Oregon Statewide Planning Goal 15 ZKLFKUHTXLUHVFLWLHVDQGFRXQWLHVWRHVWDEOLVKSURYLVLRQVE\RUGLQDQFHZKLFKUHTXLUHWKDWLQWHQVLࢉFDWLRQV of use, changes in use, or developments be given special consideration before being permitted within the boundaries of the Greenway. Greenway regulations are designed to protect, conserve, enhance, and maintain the natural, scenic, historical, agricultural, economic, and recreational qualities of lands along the Willamette River. 7KH&LW\ȆVDGRSWHG*UHHQZD\UHJXODWLRQVDOORZWKH&LW\WRDSSURYHXVHVWRDSSO\UHTXLUHPHQWVDQG approval criteria, and to impose conditions as deemed necessary in order to carry out the purpose and LQWHQWRIWKH*UHHQZD\DQGWRHQVXUHWKDWDQ\LQWHQVLࢉFDWLRQRIXVHFKDQJHVLQXVHRUGHYHORSPHQWVDUH compatible with the Greenway. (&VHWVRXW*HQHUDO5HTXLUHPHQWVIRU:LOODPHWWH*UHHQZD\SHUPLWDSSOLFDWLRQVDQG(& contains permit approval criteria and standards. Willamette Greenway permit applications are reviewed in DFFRUGDQFHZLWK7\SH,,,DSSOLFDWLRQSURFHGXUHVZKLFKLQFOXGHDSXEOLFKHDULQJDQGDGHFLVLRQE\D(XJHQH +HDULQJȆV2ࢇFLDO(&FRQWDLQVSURYLVLRQVDQGFULWHULDIRUPRGLࢉFDWLRQVWRDSSURYHG:LOODPHWWH *UHHQZD\SHUPLWDSSOLFDWLRQVZKLFKDUHUHYLHZHGLQDFFRUGDQFHZLWK7\SH,,DSSOLFDWLRQSURFHGXUHV 7KH&LW\LVQRZSURSRVLQJWRFUHDWHDWZRWUDFNV\VWHPFRQVLVWHQWZLWKWKHFOHDUDQGREMHFWLYHUHTXLUHPHQWV RI256  DQG  DQGWKHDOORZDQFHIRUDQDGPLQLVWUDWLYHUHYLHZSURFHVVDQGGHVLJQSODQLQ*RDO 15. Once the design plan and accompanying land use code amendments are adopted, an applicant who ZLVKHVWREXLOGKRXVLQJLQWKH*UHHQZD\ZLOOEHDEOHWRXWLOL]HVHWRIFOHDUDQGREMHFWLYHVWDQGDUGVDQGD 7\SH,,DSSOLFDWLRQSURFHVVWKDWGRHVQRWUHTXLUHDSXEOLFKHDULQJ,IDQDSSOLFDQWGHVLUHVPRUHࢊH[LELOLW\ WKDQLVDࢆRUGHGE\WKHFOHDUDQGREMHFWLYH*UHHQZD\VWDQGDUGVWKHDSSOLFDQWPD\FKRRVHWRSURFHHG Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৷ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN SURFHHGXQGHUWKHFXUUHQW7\SH,,,SURFHVVDQGVXEMHFWLYHEXWPRUHࢊH[LEOH*UHHQZD\VWDQGDUGV7KLV GHVLJQSODQSURYLGHVWKHGDWDDQGࢉQGLQJVWRVKRZWKDWWKDWWKHFOHDUDQGREMHFWLYH*UHHQZD\VWDQGDUGV adopted by the City will achieve the requirement of Goal 15 that: >7@RWKHJUHDWHVWSRVVLEOHGHJUHH •7KHLQWHQVLࢉFDWLRQFKDQJHRIXVHRUGHYHORSPHQW>ZLWKLQWKH*UHHQZD\@ZLOOSURYLGHWKHPD[LPXP possible landscaped area, open space or vegetation between the activity and the river; and • Necessary public access will be provided to and along the river by appropriate legal means. Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৸ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN ৰৱ :,//$0(77( 5,9(5 *5((1:$< *8,'(/,1(6 2$5)VHWVRXWLPSOHPHQWDWLRQPHDVXUHVWREHDFKLHYHGWKURXJKFRRSHUDWLYHHࢆRUWVRIVWDWH DQGORFDOJRYHUQPHQWVFRQVLVWHQWZLWKWKH*RDOVWDWXWHVDQGFRPSUHKHQVLYHSODQV7KHVHPHDVXUHV include: • Boundaries: Establishment of a Willamette River Greenway boundary on zoning maps and referred to in zoning and subdivision ordinances. • Uses: Management of uses within the Greenway including use management considerations and requirements. •&RPSDWLELOLW\5HYLHZ(VWDEOLVKPHQWRISURYLVLRQVE\RUGLQDQFHIRUWKHUHYLHZRILQWHQVLࢉFDWLRQV changes, use, or developments to ensure compatibility with the Greenway. Resolution No. 2592, approved in 1976, included boundaries of the Willamette River Greenway for areas ZLWKLQWKHFLW\OLPLWVDVVKRZQRQPDSVDWWDFKHGWRWKHUHVROXWLRQ7KH*UHHQZD\ERXQGDULHVKDYHEHHQ digitized in the Regional Land Information Database (RLID) and are shown as an overlay on the Metro Plan Diagram. Management of uses and compatibility review is accomplished by Ordinances No. 20224, DQGZKLFKHVWDEOLVKHGFRGHSURYLVLRQVLQFOXGLQJWKH:LOODPHWWH*UHHQZD\3HUPLWDSSOLFDWLRQ SURFHVVZKLFKLVUHTXLUHGIRULQWHQVLࢉFDWLRQRIXVHVFKDQJHVLQXVHRUGHYHORSPHQWZLWKLQWKH*UHHQZD\ boundaries. $VSDUWRIFRPSDWLELOLW\UHYLHZRUGLQDQFHVDUHUHTXLUHGWRLQFOXGHWKHIROORZLQJSURYLVLRQVDVVSHFLࢉHGLQ  D WKURXJK H RISDUDJUDSK) •%RXQGDULHVDGMDFHQWWRWKHULYHUZLWKLQZKLFKGHYHORSPHQWLVUHYLHZHG • Approval criteria directed at ensuring that appearance, landscaping, and public access are considered to the greatest possible degree. • Public hearing. • Noticing to owners of contiguous property and to other interested parties. • Allowance for imposing conditions on the permit to carry out the purpose and intent of the Greenway statutes. 7KH:LOODPHWWH*UHHQZD\SURYLVLRQVFXUUHQWO\LQWKH(XJHQH&RGHDWFRPSO\ZLWKWKHVH requirements. Goal 15 also provides for an alternative review procedure that allows cities to prepare and adopt a design SODQDQGDGPLQLVWUDWLYHUHYLHZSURFHGXUHIRUGHYHORSPHQWZLWKLQWKH*UHHQZD\7KHGHVLJQSODQPXVW SURYLGHࢉQGLQJVXQGHUWKHIROORZLQJFULWHULDVHWRXWLQVHFWLRQV E  DQG  RISDUDJUDSK)RI*RDO >7@RWKHJUHDWHVWSRVVLEOHGHJUHH •7KHLQWHQVLࢉFDWLRQFKDQJHRIXVHRUGHYHORSPHQWZLOOSURYLGHWKHPD[LPXPSRVVLEOHODQGVFDSHGDUHD open space, or vegetation between the activity and the river. • Necessary public access will be provided to and along the river by appropriate legal means. 7KLVDesign Plan and concurrently adopted administrative review procedure comply with these UHTXLUHPHQWVDQGDOORZIRUWKHDGRSWLRQRIFOHDUDQGREMHFWLYHDSSURYDOFULWHULDIRUGHYHORSPHQWRI Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৰ৯ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN KRXVLQJLQWKH*UHHQZD\7KHFRPSDWLELOLW\ࢉQGLQJVLQFOXGHGLQWKLVGHVLJQSODQGHPRQVWUDWHWKDW GHYHORSPHQWRIKRXVLQJWKDWFRPSOLHVZLWKWKH*UHHQZD\6HWEDFNUHTXLUHPHQWVDQGFOHDUDQGREMHFWLYH approval criteria included in the concurrently adopted code amendments will provide the “maximum possible landscaped area, open space, or vegetation between the activity and the river” and the “necessary public access to and along the river” as required by the Goal. Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৰৰ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN ৰ৲ '(6,*1 3/$1 &20321(176 7KLVGRFXPHQWFRQVWLWXWHVWKH Design Plan narrative, which is accompanied by code amendments that LPSOHPHQWERWKDQDGPLQLVWUDWLYHUHYLHZSURFHGXUHDQGFOHDUDQGREMHFWLYHDSSURYDOFULWHULDIRUWKHUHYLHZ RIKRXVLQJGHYHORSPHQWZLWKLQWKH*UHHQZD\ERXQGDU\7KH'HVLJQ3ODQGRHVQRWFRQWDLQDQ\SURYLVLRQV GLUHFWO\DSSOLFDEOHWRGHYHORSPHQW5DWKHULWSURYLGHVWKHQHFHVVDU\EDFNJURXQGLQIRUPDWLRQDQGࢉQGLQJV WRVXSSRUWWKHQHZFOHDUDQGREMHFWLYHDSSURYDOFULWHULDDQGDGPLQLVWUDWLYHUHYLHZSURFHGXUHFRQVLVWHQW with the requirements of Goal 15. :LOODPHWWH5LYHU*UHHQZD\ *RDO Oregon Statewide Planning Goal 15: Willamette River Greenway was adopted by the Land Conservation and Development Commission (LCDC) on December 6, 1975.2*RDOUHTXLUHGORFDOMXULVGLFWLRQVWRDGRSW Greenway boundaries, to specify uses permitted within those boundaries, and to indicate areas of potential acquisition. On November 22, 1976, the City of Eugene approved Resolution No. 2592, which included the following sections: • Boundaries of the Willamette River Greenway for areas within the city limits shown as maps attached to the resolution. • Intent to review private development to insure adequate provision for public access, consistency with SODQVDQGSROLFLHVSUHVHUYDWLRQRIWKHQDWXUDOYHJHWDWLYHIULQJHDQG*UHHQZD\REMHFWLYHV • Use categories within the Greenway, including public and private uses. • Contemplation of public acquisition of two sites, Goodpasture Island Ponds and the west bank of the Willamette River between the Belt Line Bridge and Skinner’s Butte Park. • Direction to forward the resolution to Lane County for adoption of the Greenway boundaries for those DUHDVZLWKLQLWVMXULVGLFWLRQ 2UGLQDQFH1RFRQFHUQLQJ/DQG'HYHORSPHQWDQGWKH:LOODPHWWH*UHHQZD\ZDVDGRSWHGLQ 7KHRUGLQDQFHDPHQGHGWKH(XJHQH&RGH  WRDGRSWDQHZFRGHVHFWLRQSHUWDLQLQJWRWKH:LOODPHWWH *UHHQZD\ (& 7KHRUGLQDQFHLQFOXGHGWKHIROORZLQJ:LOODPHWWH*UHHQZD\SURYLVLRQV • Development review in accordance with Planned Unit Development Regulations or Conditional Use Permit procedures, •$SSURYDOFULWHULDDQGࢉQGLQJVRIFRPSOLDQFHZLWKWKHWH[WRI2$5) E  DQG  • Public hearing and notice requirements. • Provisions for the imposition of conditions of approval. 2UGLQDQFH1RFRQFHUQLQJWKH:LOODPHWWH5LYHU*UHHQZD\ZDVDGRSWHGLQ7KHRUGLQDQFH included the following components: • Additional and expanded approval criteria. •0RGLࢉHGSXEOLFKHDULQJDQGQRWLFHUHTXLUHPHQWV 2UGLQDQFH1RFRQFHUQLQJ/DQG8VH5HJXODWLRQVZDVDGRSWHGLQ7KHRUGLQDQFHUHSHDOHGSULRU sections of the Eugene Code pertaining to review of development within the Greenway and included a new :LOODPHWWH*UHHQZD\3HUPLWDSSOLFDWLRQSURFHVVUHTXLUHGIRULQWHQVLࢉFDWLRQRIXVHVFKDQJHVLQXVHRU GHYHORSPHQWZLWKLQWKH*UHHQZD\ERXQGDULHV7KHFRGHSURYLVLRQVLQFOXGHWKHIROORZLQJVHFWLRQV 2 *XQGHUVRQ//&Y&LW\RI3RUWODQG2U   Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৰৱ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN • Purpose of Willamette Greenway Permits. • Applicability. • General requirements. • Approval criteria and standards. •0RGLࢉFDWLRQV 7KH*HQHUDO5HTXLUHPHQWVVHFWLRQZDVVXEVHTXHQWO\PRGLࢉHGE\2UGLQDQFH1RLQDQG Ordinance No. 20569 in 2016 to allow concurrent review of Willamette Greenway Permit applications in FRQMXQFWLRQZLWKRWKHUDSSOLFDWLRQW\SHV 1DWXUDO5HVRXUFHV6FHQLFDQG+LVWRULF$UHDVDQG2SHQ6SDFHV *RDO 2$5  UHTXLUHVORFDOJRYHUQPHQWVWRSURWHFWVLJQLࢉFDQWULSDULDQFRUULGRUVXSODQGZLOGOLIH habitat, and wetlands to conserve these resources and the biological systems they contain and support. ,QWKH&LW\RI(XJHQHDGRSWHG2UGLQDQFH1RDQG2UGLQDQFH1RWKDWXSGDWHGWKH Goal 5 inventory within the Eugene Urban Growth Boundary (UGB), adopted the Goal 5 Water Resources &RQVHUYDWLRQ3ODQDVDUHࢉQHPHQWRIWKH0HWUR3ODQHVWDEOLVKHGWKH:5:DWHU5HVRXUFHV&RQVHUYDWLRQ overlay zone, and other associated code amendments. 7KH*RDO:DWHU5HVRXUFHV&RQVHUYDWLRQ3ODQFRQWDLQVWKHIROORZLQJVHFWLRQV • Section I: Introduction. •6HFWLRQ,,&ULWHULDIRUGHWHUPLQLQJWKHVLJQLࢉFDQFHRIULSDULDQFRUULGRUDQGXSODQGZLOGOLIHKDELWDW resource sites within the UGB. •6HFWLRQ,,,6LJQLࢉFDQWULSDULDQFRUULGRUZLOGOLIHKDELWDWDQGZHWODQGUHVRXUFHVLWHVZLWKLQWKH8*% •6HFWLRQ,9'HJUHHRISURWHFWLRQLQWHQGHGIRUVLJQLࢉFDQWULSDULDQFRUULGRUZLOGOLIHKDELWDWDQGZHWODQG resources sites within the UGB. 7KHFULWHULDLQ6HFWLRQ,,DUHXVHGWRGHWHUPLQHZKLFKUHVRXUFHVLWHVDUHȉVLJQLࢉFDQWȊIRUWKHSXUSRVHVRI Goal 5. Section III contains maps and lists that identify the resource sites that have been determined WREHVLJQLࢉFDQWEDVHGRQWKHFULWHULDLQ6HFWLRQ,,6HFWLRQ,9LQFOXGHVPDSVLGHQWLI\LQJWKHVLJQLࢉFDQW resources sites that, based on the analysis, are to be protected. Summary tables in Section IV identify UHVRXUFHVDV&DWHJRU\$%&'RU(VWUHDPVRUDV&DWHJRU\$%RU&ZHWODQGVWRGLࢆHUHQWLDWHEHWZHHQ YDULRXVGHJUHHVRISURWHFWLRQ3URWHFWLRQVDUHDSSOLHGWKURXJKFRGHSURYLVLRQVLQWKH:5:DWHU5HVRXUFH Conservation overlay zone. 7KH$GRSWHG3URWHFWLRQ'HVLJQDWLRQVIRUWKH(XJHQH*RDO:HWODQG5LSDULDQDQG8SODQG:LOGOLIH+DELWDW ,QYHQWRULHV0DSLGHQWLࢉHVUHVRXUFHVGHVLJQDWHGIRUSURWHFWLRQDVVRFLDWHGZLWKWKH:LOODPHWWH5LYHU7KH Willamette River (WA) is designated as a riparian and upland wildlife site designated for protection as a category A stream with a 100-foot setback. Wetland site WR-1, WR-2, WR-5A, and WR-5B are designated for protection as Category A wetlands with a 50-foot setback. Site descriptions from the Goal 5 Water Resources Conservation Plan are included for reference: :DWHU5HVRXUFHV&RQVHUYDWLRQ3ODQ&LW\RI(XJHQH([KLELW%ȁ&RQࢊLFWLQJ8VHDQG(6(($QDO\VLV6HFWLRQ Site Description(s). November 2005. Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৰ৲ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Willamette River (WA): The Willamette is the most important river system in the region. The corridor provides a diverse range of habitat types, including riparian, wetland, open water, and island habitats, that support a wide range of terrestrial and aquatic wildlife species. The riparian plant community along the river is the largest and one RIWKHPRVWLQWDFWLQWKH,QYHQWRU\DQGLQFOXGHVEODFNFRWWRQZRRG2UHJRQDVK3DFLࢆFZLOORZUHGRVLHU dogwood, red alder, white alder, and bigleaf maple. It is one of the few riparian corridors in the inventory that contains stands of mature black cottonwood, important trees for raptors, great blue heron, cavity nesting species, and for providing downed wood and snags. Wetland plants, such as rush species (Juncus spp., Scirpus spp.) and sedge species (Carex spp.) occur along the waterline. Although invasive species, such as Armenian (Himalayan) blackberry and reed canarygrass are prevalent, the plant community is made up of primarily native species. The Willamette River is one of the most extensive wildlife travel corridors and migration routes in the state. Numerous wildlife species use the corridor to move between habitat patches, DQGLWLVDVLJQLࢆFDQWPLJUDWLRQFRUULGRUIRUPLJUDQWVRQJELUGV%HOWHGNLQJࢆVKHUJUHDWEOXHKHURQJUHHQ KHURQDQGRVSUH\DUHFRPPRQO\VHHQࢆVKLQJDQGSHUFKLQJDORQJWKHULYHU6ZDOORZVDQGZDUEOHUVSHFLHV frequent the riparian edge in spring and summer. Shorebirds, beaver, turtles, reptiles, and amphibians utilize the water’s edge and downed trees in the riparian area. The river provides important resting and rearing habitat for juvenile spring Chinook salmon, and a migration corridor for adult Chinook. This species is listed as threatened under the federal Endangered Species Act. The Willamette River also harbors a diverse native ࢆVKFRPPXQLW\LQFOXGLQJFXWWKURDWWURXWUDLQERZWURXWPRXQWDLQZKLWHࢆVKFKLVHOPRXWKPRXQWDLQVXFNHU largescale sucker, redside shiner, sculpin, northern pikeminnow, peamouth, sand roller, and dace (Aquatic DQG5LSDULDQ+DELWDW$VVHVVPHQWIRUWKH(XJHQH6SULQJࢆHOG$UHD&KLS$QGUXVDQG-HQQ\:DOVK  7KH*RDO:DWHU5HVRXUFHV&RQVHUYDWLRQ3ODQVXPPDUL]HVUHFRPPHQGHGFRQVHUYDWLRQPHDVXUHVIRUWKH resource sites in Section 24.5.2 of the ESEE Analysis:4 Willamette River (WA/WB): &RQVHUYDWLRQVHWEDFNRIIHHWUHFRPPHQGHG$VGLVFXVVHGDERYHWKH:LOODPHWWH5LYHU :$,:% LV recommended for protection, as it provides one of the most extensive, intact wildlife corridors in the UHJLRQSURYLGLQJKDELWDWIRUDGLYHUVLW\RIZLOGOLIHVSHFLHVLQFOXGLQJVWDWHDQGIHGHUDOO\OLVWHGVSHFLHV7KH conservation measure proposed for this site is the /WR Water Resources Conservation Overlay Zone (/WR overlay zone). Under those proposed provisions, this riparian site is recommended to be designated Category $6WUHDP7KLVUHFRPPHQGDWLRQLVEDVHGXSRQWKH(6((DQDO\VLVDERYHDQGWKHVHIDFWRUV  LWLVRQHRIWKH KLJKHVWTXDOLW\VLWHVLQWKH,QYHQWRU\  LWLVWKHODUJHVWVWUHDPLQWKHUHJLRQ  WKHFRUULGRUFRQWDLQVDKLJKO\ intact riparian plant community with a mature forest canopy that supports a wide range of terrestrial and aquatic wildlife species, (4) it has very high connectivity value, providing one of the most extensive and diverse KDELWDWV\VWHPVDQGZLOGOLIHFRUULGRUVLQWKHUHJLRQ  LWSURYLGHVKDELWDWIRUVWDWHDQGIHGHUDOO\OLVWHG VSHFLHVDQG  LWSURYLGHVKDELWDWIRUQXPHURXVQDWLYHࢆVKVSHFLHV)RUULSDULDQDQGXSODQGZLOGOLIHKDELWDW sites, the conservation area for Category A Streams includes the area within the resource site boundary, plus WKHDUHDZLWKLQDFRQVHUYDWLRQVHWEDFNRIIHHWPHDVXUHGIURPWKHWRSRIEDQNRIWKHVWUHDP:LWKLQWKLV conservation area, the /WR overlay zone restricts new development, removal of riparian vegetation, and other FRQࢇLFWLQJXVHV Willamette River wetlands River Avenue (WR-1); Willamette River wetlands Greenleaf Pond (WR-2); Willamette River wetlands south (WR-5A, WR-5B): &RQVHUYDWLRQVHWEDFNRIIHHWUHFRPPHQGHG$VGLVFXVVHGDERYHWKHVHZHWODQGV :5:5:5$:5 % RFFXUZLWKLQWKHULSDULDQDUHDRIWKHUHJLRQDOO\VLJQLࢆFDQW:LOODPHWWH5LYHUDQGDUHUHFRPPHQGHG 4 :DWHU5HVRXUFHV&RQVHUYDWLRQ3ODQ&LW\RI(XJHQH([KLELW%ȁ&RQࢊLFWLQJ8VHDQG(6(($QDO\VLV6HFWLRQ6LWH Description(s). November 2005. Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৰ৳ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN for protection. The conservation measure proposed for these sites is the IWR Water Resources Conservation Overlay Zone (/WR overlay). Under those proposed provisions, these wetland sites are recommended to be designated Category A Wetlands. This recommendation is based upon the ESEE analysis above, and these IDFWRUV  WKH\FRQWDLQQDWLYHGRPLQDWHGSODQWFRPPXQLWLHVDQGULSDULDQIRUHVW  WKHLUSUR[LPLW\DQG GLUHFWFRQQHFWLRQWRWKHULYHUJLYHWKHVHVLWHVYHU\KLJKFRQQHFWLYLW\YDOXHDQG  WKH\SURYLGHLPSRUWDQW ZLQWHUKDELWDWIRUMXYHQLOH&KLQRRNVDOPRQ)RUZHWODQGVLWHVGHVLJQDWHG&DWHJRU\$:HWODQGVWKH conservation area includes the area within the wetland boundary, plus the area within a conservation setback RIIHHWPHDVXUHGIURPWKHZHWODQGERXQGDU\:LWKLQWKLVFRQVHUYDWLRQDUHDWKH,:5RYHUOD\]RQHUHVWULFWV QHZGHYHORSPHQWUHPRYDORIULSDULDQYHJHWDWLRQDQGRWKHUFRQࢇLFWLQJXVHV7KHVHSURYLVLRQVH[HPSWSUH existing development, but restrict expansion of existing development into the conservation area. *RDOUHTXLUHVWKDWORFDOJRYHUQPHQWVDGRSWDSURJUDPWRSURWHFWVLJQLࢉFDQWUHVRXUFHVLWHVFRQVLVWHQW ZLWKWKHUHVXOWVRIWKH(6((DQDO\VLVDVQRWHGSUHYLRXVO\2$5VHWVRXWVSHFLࢉFUXOHV SHUWDLQLQJWRVXFKDSURJUDP7KH:5:DWHU5HVRXUFHV&RQVHUYDWLRQRYHUOD\]RQHZDVGHYHORSHGWR FRPSO\ZLWKWKHUHTXLUHPHQWVRIWKLVUXOH7KH&LW\DSSOLHGWKHRYHUOD\]RQHWRWKHUHVRXUFHVWKDWZHUH shown by the ESEE analysis to warrant special protections. 7KH:5RYHUOD\]RQHDVVLJQVDFRQVHUYDWLRQVHWEDFNWRHDFKUHVRXUFHFDWHJRU\PHDVXUHGKRUL]RQWDOO\ IURPWKHWRSRIKLJKEDQNRUZKHQWKHWRSRIKLJKEDQNLVQRWLGHQWLࢉDEOHIURPWKHOLQHRIRUGLQDU\ KLJKZDWHU (&  F  7KH:LOODPHWWH5LYHULVOLVWHGDVD&DWHJRU\$6WUHDPZLWKDFRQVHUYDWLRQ setback of 100 feet from the top of high bank and 120 feet from the line of ordinary high water. Wetlands associated with the Willamette River are listed as Category A Sites with a conservation setback of 50 feet IURPWKHMXULVGLFWLRQDOZHWODQGERXQGDU\:LWKLQWKHFRQVHUYDWLRQDUHDWKH:5RYHUOD\]RQHUHVWULFWVQHZ GHYHORSPHQWUHPRYDORIULSDULDQYHJHWDWLRQDQGRWKHUFRQࢊLFWLQJXVHV Comprehensive Plan (QYLVLRQ(XJHQH&RPSUHKHQVLYH3ODQ (QYLVLRQ(XJHQH LVWKH&LW\ȆVVWDWHPDQGDWHGVSHFLࢉF FRPSUHKHQVLYHODQGXVHSODQ(QYLVLRQ(XJHQHLVWKHUHVXOWRIWKH&LW\ȆVHࢆRUWVWRLPSOHPHQW256 ZKLFKUHTXLUHG(XJHQHDQG6SULQJࢉHOGWRGLYLGHWKHLUVKDUHGXUEDQJURZWKERXQGDU\E\DGRSWLQJ(XJHQH VSHFLࢉFSROLFLHVWRDGGUHVVODQGXVHLVVXHV7KH3ODQLVGHVLJQHGWREHGHYHORSHGDQGDGRSWHGLQSKDVHV RYHUVHYHUDO\HDUV,QWKH&LW\DGRSWHG2UGLQDQFH1RZKLFKFRQVWLWXWHVWKHࢉUVWSKDVHDQG IRFXVHVRQSROLFLHVDQGHOHPHQWVUHTXLUHGWRDGRSWDVSHFLࢉFXUEDQJURZWKERXQGDU\ 7KH(XJHQH6SULQJࢉHOG0HWURSROLWDQ$UHD*HQHUDO3ODQ 0HWUR3ODQ IXQFWLRQVDVWKHVSHFLࢉF comprehensive plan that addresses land use planning responsibilities that remain regional in nature. As subsequent phases of Envision Eugene are adopted, the Metro Plan will be amended to identify provisions WKDWQRORQJHUDSSO\WRWKH&LW\7KH:LOODPHWWH5LYHU*UHHQZD\LVRQHVXFKSURYLVLRQWKDWLVUHJLRQDO in nature and for which the Metro Plan is the guiding land use policy document for the purpose of establishing a Design Plan and concurrently adopted administrative review procedure. 7KH:LOODPHWWH5LYHU*UHHQZD\5LYHU&RUULGRUVDQG:DWHUZD\V(OHPHQW (OHPHQW' LVRQHRIHOHYHQ VSHFLࢉFHOHPHQWVZLWKLQWKH0HWUR3ODQ7KHMXULVGLFWLRQDODUHDRIWKH0HWUR3ODQ LH0HWUR3ODQ Boundary), including the Greenway Boundary, was found to be in compliance with Goal 15 on 4 :DWHU5HVRXUFHV&RQVHUYDWLRQ3ODQ&LW\RI(XJHQH([KLELW%ȁ&RQࢊLFWLQJ8VHDQG(6(($QDO\VLV6HFWLRQ5HF- ommended Conservation Measures (Goal 5 Program). November 2005. Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৰ৴ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 6HSWHPEHU57KH*UHHQZD\%RXQGDU\KDVEHHQGLJLWL]HGLQWKH/DQH&RXQW\5HJLRQDO/DQG Information Database (RLID) and is shown as an overlay on the Metro Plan Diagram. 7KHWH[WRI(OHPHQW'LQFOXGHVVWDWHPHQWVUHJDUGLQJODQGRZQHUVKLSDQGSXEOLFDFFHVVWKDWDUHUHOHYDQWWR the Design Plan. Within Eugene, much of the land within the Greenway Boundary is in public ownership as SXEOLFSDUNVVXFKDV6NLQQHUȆV%XWWH3DUNDQG$OWRQ%DNHU3DUN7KHHOHPHQWLQFOXGHVIXWXUHSURSRVHGSDUN acquisitions, such as the Goodpasture Island gravel ponds, which further expand opportunities for public DFFHVVDQGHQMR\PHQWRIWKHULYHU7KHHOHPHQWGHVFULEHVKRZ(XJHQHFRRSHUDWHGZLWK6SULQJࢉHOGDQG Lane County in the development of a bicycle-pedestrian trail system that extends along the Greenway from VRXWKRI6SULQJࢉHOGWRQRUWKRI(XJHQHDQGLQWRWKH5LYHU5RDGDUHD7KLVV\VWHPLQFOXGHVࢉYHELNHEULGJHV DFURVVWKHULYHU7KHHOHPHQWQRWHVWKDWODQGDORQJWKH*UHHQZD\LQSULYDWHRZQHUVKLSLVLQDYDULHW\RI XVHVVRPHRIZKLFKDSSHDUWRSURYLGHJUHDWHURSSRUWXQLW\WKDQRWKHUVIRUSXEOLFDFFHVVDQGHQMR\PHQW 7KHHOHPHQWVWDWHVWKDWUHVLGHQWLDOXVHVDORQJWKH*UHHQZD\KDYHWKHSRWHQWLDOWRSURYLGHUHVLGHQWVZLWK access to the river, while certain commercial uses, such as restaurants, can provide visual access. 7KHIROORZLQJSROLFLHVIURP(OHPHQW'VXSSRUWWKHXVHRIWKHDesign Plan as an alternative review procedure, means to review development, and strategy to maintain public access: ' (XJHQH6SULQJࢆHOGDQG/DQH&RXQW\VKDOOFRQWLQXHWRFRRSHUDWHLQH[SDQGLQJZDWHUUHODWHGSDUNVDQG other facilities, where appropriate, that allow access to and enjoyment of river and waterway corridors. D.5 New development that locates along river corridors and waterways shall be limited to uses that are compatible with the natural scenic, and environmental qualities of those water features. D.8 Within the framework of mandatory statewide planning goals, local Willamette River Greenway plans shall allow a variety of means for public enjoyment of the river, including public acquisition areas, residential areas, and commercial areas. ' /RFDODQGVWDWHJRYHUQPHQWVVKDOOFRQWLQXHWRSURYLGHDGHTXDWHSXEOLFDFFHVVWRWKH:LOODPHWWH5LYHU Greenway. 3DUNVDQG5HFUHDWLRQ6\VWHP3ODQ &RPSOHWHGLQ7KHParks and Recreation System Plan is a guiding document for how the City maintains the park and recreation system and how it will improve and expand the system for a growing SRSXODWLRQLQUHVSRQVHWRHYROYLQJSULRULWLHVDQGQHHGV7KHSODQLQFOXGHVD\HDUYLVLRQDQGD\HDU LPSOHPHQWDWLRQSODQ7KHSODQȆVExisting System Map shows ten parks and two community centers within RUDGMDFHQWWRWKH:LOODPHWWH*UHHQZD\ •&LW\2ZQHG3DUNV ੐ :HVW%DQN3DUN ੐ (DVW%DQN3DUN ੐ Delta Ponds ੐ Rasor Park 5 (XJHQH6SULQJࢉHOG0HWURSROLWDQ$UHD*HQHUDO3ODQ6HFWLRQ,,,(OHPHQW':LOODPHWWH5LYHU*UHHQZD\5LYHU&RUUL- dors, and Waterways Element. Page III-D-1. June 2019 Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৰ৵ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN As noted previously, the Willamette Greenway is a comprehensive plan element that continues to be JXLGHGE\WKH0HWUR3ODQRQDUHJLRQDOEDVLV6LQFHWKHDGRSWLRQRIWKH0HWUR3ODQLQDQGVXEVHTXHQW implementation of Willamette Greenway policies through ordinances and code provisions, Eugene, 6SULQJࢉHOGDQG/DQH&RXQW\KDYHFRRSHUDWHGWRH[SDQGSDUNVDQGUHFUHDWLRQIDFLOLWLHVWKDWDOORZDFFHVVWR DQGHQMR\PHQWRIWKHULYHUDVGHPRQVWUDWHGE\WKHIROORZLQJVHFWLRQVWKDWGLVFXVVWKHSDUNVDQGUHFUHDWLRQ V\VWHPDVSHFLࢉFVWXG\RI:LOODPHWWH5LYHU$FFHVVDQGRYHUDOOODQGRZQHUVKLSDesign Plan establishment UHTXLUHVࢉQGLQJVWKDWWRWKHJUHDWHVWGHJUHHSRVVLEOHQHFHVVDU\SXEOLFDFFHVVZLOOEHSURYLGHGDORQJWKH ULYHU0HWUR3ODQSROLFLHV'''DQG'FRQWULEXWHWRIXUWKHUWKLVLQWHQWDQGSURYLGHJXLGLQJSROLFHV IRUSXEOLFDFFHVVDQGHQMR\PHQWRIWKHTXDOLWLHVRIWKH*UHHQZD\DQGFRPSDWLELOLW\RIQHZGHYHORSPHQW with the Greenway. 3DUNVDQG5HFUHDWLRQ6\VWHP3ODQ Completed in 2019, the Parks and Recreation System Plan is a guiding document for how the City maintains its park and recreation system and how it will improve and expand the system for a growing population in UHVSRQVHWRHYROYLQJSULRULWLHVDQGQHHGV7KHSODQLQFOXGHVD\HDUYLVLRQDQGD\HDULPSOHPHQWDWLRQ SODQ7KHSODQȆV([LVWLQJ6\VWHP0DSVKRZVWHQSDUNVDQGWZRFRPPXQLW\FHQWHUVZLWKLQRUDGMDFHQWWRWKH Willamette Greenway: •&LW\2ZQHG3DUNV ੐ :HVW%DQN3DUN ੐ (DVW%DQN3DUN ੐ Delta Ponds ੐ Rasor Park ੐ Maurie Jacobs Park ੐ Owen Rose Garden ੐ 6NLQQHU%XWWH3DUN ੐ $OWRQ%DNHU3DUN ੐ Whilamut Natural Area •Public Community Centers ੐ River House ੐ Campbell Community Center 7DEOHGLVSOD\VWKHWRWDOODQGDUHDZLWKLQWKH:LOODPHWWH*UHHQZD\ERXQGDU\ZLWKLQWKH(XJHQH8*%WKH DPRXQWRI&LW\SDUNODQGLQFOXGLQJPLOHVRIELNHSDWKVDQGSHUFHQWRIWRWDODUHDRZQHGE\WKH&LW\7KH &LW\RZQVSHUFHQWRIWKHODQGZLWKLQWKH*UHHQZD\%RXQGDU\RUDFUHVWKDWDUHXVHGIRUSDUNDQG recreation purposes. Map 1.1 shows the total land area of parks, natural areas, and open space within the Greenway Boundary. 7DEOH  3DUN /DQG :LWKLQ WKH *UHHQZD\ %RXQGDU\ (see footnote 6) :,//$0(77( *5((1:$< %281'$5< 7RWDO$UHD Acres City-Owned Park Area Acres Miles of Bike Path Miles &LW\2ZQHG 3DUN $UHD   Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৰ৶ Willamette River Greenway Parks System Parks, Natural Areas, and Open Space WRG Boundary UGB 010.5 Miles DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 0DS  :LOODPHWWH 5LYHU *UHHQZD\ 3DUNV 1DWXUDO $UHDV DQG 2SHQ 6SDFH 6 6 Cameron McCarthy. Willamette River Greenway, Parks, Natural Areas, and Open Space. Using: ArcGIS Pro Desktop. Source: City of Eugene ArcGIS Online Content. 'DWDVHW(XJHQHB$UHDB3DUNVKWWSVVHUYLFHVDUFJLVFRP)1L5/*1E$KKJ(DUFJLVUHVWVHUYLFHV(XJHQHB$UHDB3DUNV)HDWXUH6HUYHU &LW\RI(XJHQH:LOODPHWWH*UHHQZD\KWWSVVHUYLFHVDUFJLVFRP)1L5/*1E$KKJ(DUFJLVUHVWVHUYLFHV:LOODPHWWHB*UHHQZD\)HDWXUH6HUYHU'HFHPEHU Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৰ৷ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN :LOODPHWWH5LYHUIURQW$FFHVV6WXG\ &RPSOHWHGLQWKHWillamette Riverfront Access Study is an assessment of City-owned sites within the Willamette River corridor for the purposes of providing public access opportunities. As discussed previously, the City has an established and developed network of parks, open space areas, natural areas, DQGPXOWLXVHSDWKVWKDWH[WHQGDORQJPLOHVRIULYHUIURQWDJHDQGLQFOXGHPLOHVRISDYHGELNHSDWKV RQERWKVLGHVRIWKHULYHU7KHVHIDFLOLWLHVUHSUHVHQWFRPPXQLW\DVVHWVWKDWGLVWLQJXLVKWKHTXDOLWLHVRI the Willamette River and include views of pastoral parks and surrounding natural features (Skinner Butte, Spencer Butte, Coburg Hills, etc.). 7KH6WXG\GRFXPHQWVWKHSURFHVVXVHGWRDVVHVVFRQVLGHUDQGHQYLVLRQLPSURYHPHQWVWRVLWHVDORQJWKH Willamette River that have the potential to strengthen the community’s relationship with the river and its associated resources. Site improvements include, but are not limited to, boat launches (motorized and SDGGOHFUDIW SOD\JURXQGVEHDFKDFFHVVVZLPPLQJZDGLQJࢉVKLQJZLOGOLIHYLHZLQJYLHZSRLQWVJHQHUDO DFFHVVLELOLW\DQGWUDLOV7KHSURFHVVIRFXVHGRQWKHFROOHFWLRQRIGDWDWRLQIRUPZKLFKVLWHVWRSULRULWL]HIRU LPSURYHPHQWVDQGWKHOHYHORIDVVRFLDWHGLPSURYHPHQWV7KHSURFHVVUHVXOWHGLQWKHLGHQWLࢉFDWLRQRIVLWHV within the river corridor that, when improved or enhanced, will promote equity and access within the Parks DQG2SHQ6SDFHV\VWHPZKLFKLQFOXGHVWKHULYHUDQGDGMDFHQWSXEOLFODQGV 7KH6WXG\ȆVSystem Map LGHQWLࢉHVDFFHVVVLWHORFDWLRQVDQGWKHH[LVWLQJDQGSODQQHGLPSURYHPHQWVDW each site. Map 1.2 shows public access points to the Willamette Greenway, which are the points where H[LVWLQJULJKWRIZD\LQWHUVHFWVZLWKPXOWLXVHSDWKFRQQHFWLRQV7KHPDSLQFOXGHVDFFHVVSRLQWVRI which six are bridges and include pedestrian facilities providing access across the river. Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৰ৸ Willamette River Greenway Public Access 010.5 Miles Public Land WRG Boundary UGB Public Access Points: where right-of-way intersects with multi-use path connectionsBikeways 7 Cameron McCarthy. Willamette River Greenway Public Access. Using: ArcGIS Pro Desktop. Source: City of Eugene ArcGIS Online Content. Dataset: Eugene Bikeways - HUB. /DQH&RXQFLORI*RYHUQPHQWVKWWSVVHUYLFHVDUFJLVFRP)1L5/*1E$KKJ(DUFJLVUHVWVHUYLFHV&RPPLWWHGB$UHDVB-DQXDU\B)HDWXUH6HUYHU &LW\RI(XJHQH&RPPLWWHG$UHDV-DQXDU\KWWSVVHUYLFHVDUFJLVFRP)1L5/*1E$KKJ(DUFJLVUHVWVHUYLFHV&RPPLWWHGB$UHDVB-DQXDU\B)HDWXUH6HUYHU &LW\RI(XJHQH:LOODPHWWH*UHHQZD\KWWSVVHUYLFHVDUFJLVFRP)1L5/*1E$KKJ(DUFJLVUHVWVHUYLFHV:LOODPHWWHB*UHHQZD\)HDWXUH6HUYHU'HFHPEHU DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 0DS  :LOODPHWWH 5LYHU *UHHQZD\ 3XEOLF $FFHVV 7 Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৱ৯ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN /DQG2ZQHUVKLS $VSDUWRIWKH(XJHQHWR%XLOGDEOH/DQGV,QYHQWRU\SURMHFWWKH&LW\GHYHORSHGDFRPPLWWHG DUHDVOD\HUWKDWLQFOXGHVODQGWKDWLVGHYRWHGWRVSHFLDOXVHVOLNHSDUNVVFKRROVJRYHUQPHQWRࢇFHV cemeteries, and rights-of-way and therefore has no development or redevelopment potential. Based on tax DVVHVVRUGDWDIURP-DQXDU\ODQGVFODVVLࢉHGDVFRPPLWWHGLQFOXGHWKHIROORZLQJ • City Government Property • County Government Property • State Government Property (includes land owned by state-funded schools such as University of Oregon and Lane Community College) •)HGHUDO*RYHUQPHQW3URSHUW\ HJ%XUHDXRI/DQG0DQDJHPHQW • Parks (city, county, and state) and park easements • School district property (e.g. 4J and Bethel) • Cemeteries • Public utility property for water, wastewater, electric and natural gas. Includes Bonneville Power Administration (BPA) easements •7UDQVSRUWDWLRQULJKWVRIZD\ HJVWUHHWVDQGUDLO 7DEOHGLVSOD\VWKHDUHDRIFRPPLWWHGODQGVZLWKLQWKH:LOODPHWWH*UHHQZD\RWKHUSULYDWHODQGVWKDWGR KDYHUHGHYHORSPHQWSRWHQWLDODQGWKHWRWDOODQGDUHD7KH:LOODPHWWH*UHHQZD\ERXQGDU\HQFRPSDVVHV WRWDODFUHVRIODQGDQGDFUHVRUSHUFHQWRIWKHWRWDOODQGDUHDFRQVWLWXWHVFRPPLWWHGODQGV ZLWKQRGHYHORSPHQWRUUHGHYHORSPHQWSRWHQWLDO0DSGLVSOD\VFRPPLWWHGODQGVZLWKLQWKH*UHHQZD\ 7DEOH  &RPPLWWHG /DQGV :LWKLQ WKH *UHHQZD\ %RXQGDU\ VHHIRRWQRWH :,//$0(77( *5((1:$< %281'$5< 7RWDO$UHD Acres Committed Lands 1,569 Acres Other or Private Lands Acres Committed Lands Area (%) Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৱৰ Willamette River Greenway Land Ownership 010.5 Miles Committed Lands Other LandsWRG Boundary UGB Cameron McCarthy. Willamette River Greenway Committed Lands. Using: ArcGIS Pro Desktop. Source: City of Eugene ArcGIS Online Content. Dataset: City of Eugene. Com- PLWWHG$UHDV-DQXDU\KWWSVVHUYLFHVDUFJLVFRP)1L5/*1E$KKJ(DUFJLVUHVWVHUYLFHV&RPPLWWHGB$UHDVB-DQXDU\B)HDWXUH6HUYHU &LW\RI(XJHQH:LOODPHWWH*UHHQZD\KWWSVVHUYLFHVDUFJLVFRP)1L5/*1E$KKJ(DUFJLVUHVWVHUYLFHV:LOODPHWWHB*UHHQZD\)HDWXUH6HUYHU'HFHPEHU DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 0DS  :LOODPHWWH 5LYHU *UHHQZD\ &RPPLWWHG /DQGV  Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৱৱ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN ৱ৯723 2) %$1. '(7(50,1$7,21 ৱৰ 29(59,(: 7KLVVHFWLRQGLVFXVVHVWKHSURFHVVSURSRVHGWRHVWDEOLVK:LOODPHWWH5LYHU*UHHQZD\VHWEDFNDQGWRSRI EDQNOLQHVDVFRPSRQHQWVRIWKHFOHDUDQGREMHFWLYHUHJXODWLRQVWKDWLPSOHPHQWWKLVGHVLJQSODQ ৱৱ '(),1,7,216 Goal 15 requires establishment of a Greenway Setback to keep structures separated from the river: k. Greenway setback – A setback line will be established to keep structures separated from the river in order to protect, maintain, preserve, and enhance the natural, scenic, historic and recreational qualities of WKH:LOODPHWWH5LYHU*UHHQZD\DVLGHQWLࢆHGLQWKH*UHHQZD\,QYHQWRULHV7KHVHWEDFNOLQHVKDOOQRWDSSO\WR ZDWHUUHODWHGRUZDWHUGHSHQGHQWXVHV (XJHQH&RGH (&   D FRQWDLQVDVLPLODUVWDQGDUG 2$56HFWLRQ&VXEVHFWLRQN (a) Establishment of adequate setback lines to keep structures separated from the Willamette River to protect, maintain, preserve, and enhance the natural, scenic, historic, and recreational qualities of the :LOODPHWWH*UHHQZD\6HWEDFNOLQHVQHHGQRWDSSO\WRZDWHUUHODWHGRUZDWHUGHSHQGHQWDFWLYLWLHVDVGHࢆQHG LQWKH2UHJRQ6WDWHZLGH3ODQQLQJ*RDOVDQG*XLGHOLQHV 2$5HWVHT  Both the Goal 15 and Eugene Code standards require the establishment of setback line(s) to keep structures separated from the Willamette River and to minimize impacts to the intrinsic qualities of the Willamette Greenway. Neither standard provides guidance regarding exactly how the setback must be PHDVXUHG7RGDWHWKH*UHHQZD\VWDQGDUGVLQWKH(XJHQH&RGHKDYHUHTXLUHGWKDWHDFKGHYHORSPHQW proposal establish its own setback to keep structures separated from the river. Proposed setbacks are reviewed on a case-by-case basis and in order to be approved, the Greenway application must show that the proposed setback for that particular development is adequate to “keep structures separated from the Willamette River to protect, maintain, preserve, and enhance the natural, scenic, historic, and recreational TXDOLWLHVRIWKH:LOODPHWWH*UHHQZD\Ȋ(&  D  $VSDUWRIWKHFOHDUDQGREMHFWLYH*UHHQZD\WUDFNWKLVDesign Plan proposes adoption of a single 100- foot setback, measured from top of bank and applicable throughout the Greenway, except where adopted VSHFLDODUHDSODQVRUVSHFLDODUHD]RQHVUHTXLUHDGLࢆHUHQWVHWEDFN7RSRIEDQNZDVVHOHFWHGDVWKHGHࢉQHG HGJHIRUPHDVXUHPHQWRIWKHVHWEDFNEHFDXVHWKHWHUPLVGHࢉQHGLQWKH(XJHQH&RGHDW(&DQG is consistent with the Water Resources Conservation Plan and associated Goal 5 protection measures. In DGGLWLRQDVGLVFXVVHGIXUWKHULQWKLVVHFWLRQWRSRIEDQNLVPRUHUHDGLO\LGHQWLࢉDEOHLQWKHࢉHOGGXHWRLW QRWEHLQJGHSHQGHQWRQࢊXFWXDWLQJZDWHUOHYHOVZLWKLQWKHFKDQQHORUWKURXJKࢊRRGHYHQWV Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৱ৲ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Separately, Goal 15 requires the establishment of the Greenway Boundary as part of an implementing measure for Greenway compatibility review: 6. The establishment of Greenway compatibility review boundaries adjacent to the river within which review RIGHYHORSPHQWVVKDOOWDNHSODFH6XFKERXQGDULHVLQXUEDQDUHDVVKDOOEHQRWOHVVWKDQIHHWIURPWKH ordinary low water line of the Willamette River; in rural areas such boundaries shall include all lands within the boundaries of the Willamette River Greenway; 2$5VHFWLRQ)D7KH*RDOUHTXLUHVWKDWLQXUEDQDUHDVWKH*UHHQZD\%RXQGDU\PXVW be at least 150 feet from the ordinary low water line of the Willamette River. Goal 15 does not provide a GHࢉQLWLRQIRUȉRUGLQDU\ORZZDWHUȊOLQH256  6XEPHUVLEOHDQG6XEPHUJHG/DQGVLQFOXGHVWKH IROORZLQJGHࢉQLWLRQ  /LQHRIRUGLQDU\ORZZDWHUȇPHDQVWKHOLQHRQWKHEDQNRUVKRUHWRZKLFKWKHORZZDWHURUGLQDULO\UHFHGHV annually in season. 256DOVRLQFOXGHVDGHࢉQLWLRQIRUȉRUGLQDU\KLJKZDWHUȊOLQHLQFOXGHGKHUHIRUFRQWH[W  Ȇ/LQHRIRUGLQDU\KLJKZDWHUȇPHDQVWKHOLQHRQWKHEDQNRUVKRUHWRZKLFKWKHKLJKZDWHURUGLQDULO\ULVHV annually in season. ORS 274.040 authorizes the Oregon Department of State Lands (ODSL) Board to determine if a waterway LVQDYLJDEOHIRUWLWOH7KHWHUPȉQDYLJDEOHIRUWLWOHȊPHDQVWKDWWKHRZQHUVKLSRIWKHZDWHUZD\RUODNH including its submerged and submersible land, was passed from the federal government to Oregon at VWDWHKRRG256  DQG  DOVRSURYLGHVGHࢉQLWLRQVRIVXEPHUJHGDQGVXEPHUVLEOHODQGVWKDWDUH helpful for context of this discussion.   Ȇ6XEPHUJHGODQGVȇ   PHDQVODQGVO\LQJEHORZWKHOLQHRIRUGLQDU\ORZZDWHURIDOOQDYLJDEOHZDWHUV     Ȇ6XEPHUVLEOHODQGVȇ   PHDQVODQGVO\LQJEHWZHHQWKHOLQHRIRUGLQDU\KLJKZDWHUDQGWKHOLQHRI ordinary low water of all navigable waters and all islands, shore lands or other such lands held by or granted WRWKLVVWDWHE\YLUWXHRIKHUVRYHUHLJQW\    $FFRUGLQJWR2'6/WKH:LOODPHWWH5LYHULVDQDYLJDEOHZDWHUZD\IURP5LYHU0LOH 50 WR50 FRQࢊXHQFHRIWKH&RDVWDQG0LGGOH)RUNV 7KLVVWUHWFKLQFOXGHVWKHVHJPHQWZLWKLQ(XJHQHȆV8*% 2UHJRQȆV5HPRYDO)LOOODZ 256 UHTXLUHVDSHUPLWIRUUHPRYDORUࢉOORUPDWHULDOZLWKLQȉZDWHUV RIWKHVWDWHȊZKLFKLQFOXGHQDYLJDEOHZDWHUZD\V7KHMXULVGLFWLRQDOERXQGDU\RUWKHERXQGDU\E\ZKLFK DZDWHUZD\LVFRQVLGHUHGDȉZDWHURIWKHVWDWHȊXQGHUWKH5HPRYDO)LOOODZIRUULYHUVLVWKHRUGLQDU\KLJK water (OHW) line. 7KHUHLVFRPPRQDOLW\EHWZHHQWKHGHࢉQLWLRQRIȉWRSRIEDQNȊ 72% DQG2+:2$5  J  VWDWHVWKDWȉWRSRIEDQNȊVKDOOKDYHWKHVDPHPHDQLQJDVȉEDQNIXOOVWDJHȊDVGHࢉQHGLQ2$5 0010(12), provided as follows:  Ȇ%DQNIXOO6WDJHȇPHDQVWKHWZR\HDUUHFXUUHQFHLQWHUYDOࢇRRGHOHYDWLRQ Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৱ৳ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN %RWK72% EDQNIXOOVWDJH DQG2+:UHO\RQDQQXDORUELHQQLDOZDWHUOHYHOVDVWKHLUGHWHUPLQLQJ FKDUDFWHULVWLFZLWK72%EHLQJWKHPRUHHQFRPSDVVLQJGHࢉQLWLRQEHFDXVHRIWKHUHOLDQFHRQࢊRRGHYHQWV DVRSSRVHGWRRUGLQDU\HYHQWV7KLVDQDO\VLVVXSSRUWVWKHXVHRI72%IRUWKHSXUSRVHVRIDSSO\LQJWKH *UHHQZD\VHWEDFNEHFDXVHERWKVWDWHODZDQGWKH(XJHQH&RGH (& DVGLVFXVVHGVXEVHTXHQWO\GHࢉQH 72%LQDGGLWLRQWRUHDVRQVVWDWHG 7RSRIEDQNLVGHࢉQHGLQ(&DV Ȇ7KHKLJKHVWSRLQWDWZKLFKWKHEDQNPHHWVWKHJUDGHRIWKHVXUURXQGLQJWRSRJUDSK\FKDUDFWHUL]HGE\ an abrupt or noticeable change from a steeper grade to a less steep grade, and, where natural conditions prevail, by a noticeable change from topography or vegetation primarily shaped by the presence and/or movement of the water to topography not primarily shaped by the presence of water. Where there is more WKDQRQHVXFKEUHDNLQWKHJUDGHWKHXSSHUPRVWVKDOOEHFRQVLGHUHGWKHWRSRIWKHKLJKEDQNȇ Unlike the Greenway Boundary, which is digitized in the RLID Database and is shown as an overlay on the Metro Plan DiagramWKHUHLVQRGLJLWL]HGRUPDSSHG72%OLQHLQH[LVWHQFHIRU(XJHQH,QFDVHVZKHUH proposed development is proximate to the river, the landowner or applicant is responsible for determining WKH72%OLQHDQGZKHWKHUDQ\HQFURDFKPHQWLVSURSRVHG7KHGHWHUPLQDWLRQSURFHVVW\SLFDOO\LQYROYHV ࢉ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and as the basis for the establishment of a Greenway setback, one of the requirements of the Greenway permit approval process. Neither this Design Plan nor the newly established Greenway Setback make any changes to the previously adopted Greenway Boundary. ৰ৲ 72% '(7(50,1$7,21 &LW\RI(XJHQH3ODQQLQJ'LYLVLRQVWDࢆREWDLQHGDQGXWLOL]HG/L'$59 data from the Lane Council RI*RYHUQPHQWV /&2* WRPDSDWRSRIEDQN 72% OLQHIRUWKHSRUWLRQVRIWKH:LOODPHWWH5LYHUZLWKLQ (XJHQHȆVFLW\OLPLWV7KH/L'$5GDWDXVHGE\VWDࢆZDVRULJLQDOO\SUHSDUHGE\:DWHUVKHG6FLHQFHV for the Oregon Department of Geology and Mineral Industries (DOGAMI)10 and represents the most comprehensive publicly available dataset for the geographical area encompassing the Eugene city limits. 9 Light Detection and Ranging. According to the National Oceanic and Atmospheric Administration, LiDAR is a remote VHQVLQJPHWKRGWKDWXVHVSXOVHGODVHUVWRPHDVXUHUDQJHVWRWKH(DUWK7KHVHOLJKWSXOVHVȂFRPELQHGZLWKRWKHUGDWD UHFRUGHGE\WKHDLUERUQHV\VWHPȂJHQHUDWHSUHFLVHWKUHHGLPHQVLRQDOLQIRUPDWLRQDERXWWKHVKDSHRIWKH(DUWKDQG its surface characteristics. 10 Oregon Department of Geology and Mineral Industries (DOGAMI) contracted with Watershed Sciences to collect WKHGDWDSURGXFHWKHODVDQGEDUHHDUWKDQGKLJKHVWKLWJULGࢉOHV7KHSRLQWGHQVLW\RIWKHODVࢉOHVLVSRLQWVVT PHWHU7KHUHODWLYHDFFXUDF\LVIHHWDQGWKHDEVROXWHDFFXUDF\KDVD506(RIIHHW7KH/L'$5GDWDZDVGHOLYHUHG LQLQ2UHJRQ6WDWHZLGH/DPEHUW&RQIRUPDO&RQLF1$' +$51 KRUL]RQWDOGDWXP1$9' *HRLG YHUWLFDO GDWXPLQLQWHUQDWLRQDOIHHW7KHIRRWFRQWRXUVZHUHJHQHUDWHGIURPWKHEDUHHDUWKJULGE\/&2*XQGHUWKHGLUHFWLRQ of Eugene PWE. Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৱ৴ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN )ROORZLQJDFTXLVLWLRQRIWKH/L'$5GDWDIURP'2*$0,/&2*SHUIRUPHGJHQHUDOSURFHVVLQJRIWKH data including: • Joining Junction City, Coburg, Eugene East and Eugene West bare-earth quads into one mosaic, •6PRRWKLQJWKHPRVDLFZLWKDIRFDOPHDQ [UHFWDQJOH  • Contouring the smoothed bare-earth mosaic, and • Quality-checking along the edges of the quads to insure matching contours. &LW\VWDࢆHVWLPDWHGWKH:LOODPHWWH5LYHU72%LQ*,6XVLQJIRRWFRQWRXUVVORSHDQGKLOOVKDGHOD\HU VHWVGHULYHGIURPWKH/L'$5GDWD7KH&LW\SURYLGHGWKH*,6GDWDVHWWR&DPHURQ0F&DUWK\IRUXVH RQWKHSURMHFWDQGFRQVXOWDQWVFRQGXFWHGDࢉHOGLQYHVWLJDWLRQRQ2FWREHUWRWHVWWKHDFFXUDF\ RIWKHPDSSHG:LOODPHWWH5LYHU72%OLQH&LW\DQGFRQVXOWDQWVDJUHHGXSRQVL[WHVWVLWHVIRUWKHࢉHOG LQYHVWLJDWLRQ7KHWHVWVLWHVZHUHVHOHFWHGXVLQJWKHIROORZLQJFULWHULD •5HODWLYHO\OHYHOWRSRJUDSK\DGMDFHQWWRWKHULYHUFKDQQHO •9LVLEOHFKDQJHVLQWKHPDSSHG:LOODPHWWH*LYHU72%OLQHIURPSDUDOOHOJHQHUDOO\IROORZLQJWKHULYHU channel, to a varied or horizontal path. • Representative zoning and use (public land, commercial land, and residential land). • Distribution (similar distance between sites; equal number of sites on both sides of the river). 7HVWVLWHVZHUHODEHOHGZLWKDGLUHFWLRQDOLGHQWLࢉHU :( EDVHGZKLFKVLGHRIWKHULYHUWKHVLWHZDVORFDWHG and nearest street name or geographical feature: • W1 Hatten •:%ULDUFOLࢆ •:0LOOUDFH • E1 Riverplace • E2 Valley River Center (VRC) •()URKQPH\HU Oregon Department of Geology and Mineral Industries (DOGAMI) contracted with Watershed Sciences WRFROOHFWWKHGDWDSURGXFHWKHODVDQGEDUHHDUWKDQGKLJKHVWKLWJULGࢉOHV7KHSRLQWGHQVLW\RIWKHODV ࢉOHVLVSRLQWVVTPHWHU7KHUHODWLYHDFFXUDF\LVIHHWDQGWKHDEVROXWHDFFXUDF\KDVD506(RI IHHW7KH/L'$5GDWDZDVGHOLYHUHGLQLQ2UHJRQ6WDWHZLGH/DPEHUW&RQIRUPDO&RQLF1$' +$51 KRUL]RQWDOGDWXP1$9' *HRLG YHUWLFDOGDWXPLQLQWHUQDWLRQDOIHHW7KHIRRWFRQWRXUVZHUH generated from the bareearth grid by LCOG under the direction of Eugene PWE. 0DS2YHUDOO:*60DS illustrates the full extent of the Greenway Boundary within Eugene’s UGB and the ORFDWLRQVL[WHVWVLWHVDVZHOODVࢉHOGPDSHQODUJHPHQWVRIHDFKWHVWVLWH'LVFXVVLRQRIWKHPHWKRGRORJ\ XVHGWRFRQGXFWWKHࢉHOGLQYHVWLJDWLRQDQGWKHࢉQGLQJVIURPWKDWDUHLQFOXGHGLQ$SSHQGL[$)LHOG Investigation. Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৱ৵ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN ৲৯ 6(7%$&. '(7(50,1$7,21 ৲ৰ 29(59,(: 7KLVVHFWLRQGLVFXVVHVWKHVHWEDFNFRPSRQHQWRI*RDOSUHYLRXVO\HVWDEOLVKHGVHWEDFNVSULRUDSSURYHG Willamette Greenway permits, and the recommended approach for establishing a Willamette River Greenway setback as a component of the Design Plan. ৲ৱ *2$/ ৰ৴ :5* 6(7%$&. 3529,6,216 2$5*RDO:LOODPHWWH5LYHU*UHHQZD\DQG(XJHQH&RGH (& :LOODPHWWH*UHHQZD\ Permit Approval Criteria and Standards, provide standards for the establishment of setback lines to keep VWUXFWXUHVVHSDUDWHGIURPWKHULYHU6HFWLRQ&RI*RDOSURYLGHVXVHPDQDJHPHQWFRQVLGHUDWLRQV and requirements for local plans and implementing measures. Subsection (k) provides for the Greenway setback. Other relevant considerations include providing adequate public access to the river, protection of VLJQLࢉFDQWࢉVKDQGZLOGOLIHKDELWDWDQGHQKDQFLQJDQGSURWHFWLQJWKHQDWXUDOYHJHWDWLYHIULQJHDORQJWKH ULYHU(&  D QHVWHGZLWKLQWKHDSSURYDOFULWHULDIRU:LOODPHWWH*UHHQZD\3HUPLWVSURYLGHVWKDW LQWHQVLࢉFDWLRQFKDQJHVRIXVHRUGHYHORSPHQWVKDOOUHTXLUHWKHHVWDEOLVKPHQWRIDVHWEDFNOLQHWRNHHS structures separated from the river. 2$5&N*UHHQZD\6HWEDFN A setback line will be established 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 *UHHQZD\DVLGHQWLࢆHGLQWKH*UHHQZD\,QYHQWRULHV7KHVHWEDFNOLQHVKDOOQRWDSSO\WRZDWHUUHODWHGRU ZDWHUGHSHQGHQWXVHV EC 9.8815(5)(a). >,@QWHQVLࢆFDWLRQFKDQJHRIXVHRUGHYHORSPHQWVKDOOFRQIRUPZLWKWKHIROORZLQJDSSOLFDEOHVWDQGDUGV D Establishment of adequate setback lines to keep structures separated from the Willamette River to protect, maintain, preserve, and enhance the natural, scenic, historic, and recreational qualities of the Willamette *UHHQZD\6HWEDFNOLQHVQHHGQRWDSSO\WRZDWHUUHODWHGRUZDWHUGHSHQGHQWDFWLYLWLHVDVGHࢆQHGLQWKH 2UHJRQ6WDWHZLGH3ODQQLQJ*RDOVDQG*XLGHOLQHV 2$5HWVHT  Both the OAR and Eugene Code exclude water-related and water-dependent uses from the setback, KRZHYHUQHLWKHURQHLQFOXGHVDGHࢉQLWLRQIRUWKHXVHV2$5SURYLGHVGHࢉQLWLRQVIRUWKH terms: :DWHUUHODWHGXVHVDUHGHࢉQHGDV Ȇ8VHVZKLFKDUHQRWGLUHFWO\GHSHQGHQWXSRQDFFHVVWRDZDWHUERG\EXWZKLFKSURYLGHJRRGVRUVHUYLFHV WKDWDUHGLUHFWO\DVVRFLDWHGZLWKZDWHUGHSHQGHQWODQGRUZDWHUZD\XVHDQGZKLFKLIQRWORFDWHGDGMDFHQW WRZDWHUZRXOGUHVXOWLQDSXEOLFORVVRITXDOLW\LQWKHJRRGVRUVHUYLFHVRࢃHUHG([FHSWDVQHFHVVDU\IRU ZDWHUGHSHQGHQWRUZDWHUUHODWHGXVHVRUIDFLOLWLHVUHVLGHQFHVSDUNLQJORWVVSRLODQGGXPSVLWHVURDGVDQG highways, restaurants, businesses, factories, and trailer parks are not generally considered dependent on or UHODWHGWRZDWHUORFDWLRQQHHGVȇ Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৱ৶ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN :DWHUGHSHQGHQWXVHVDUHGHࢉQHGDV Ȇ$XVHRUDFWLYLW\ZKLFKFDQEHFDUULHGRXWRQO\RQLQRUDGMDFHQWWRZDWHUDUHDVEHFDXVHWKHXVHUHTXLUHV DFFHVVWRWKHZDWHUERG\IRUZDWHUERUQHWUDQVSRUWDWLRQUHFUHDWLRQHQHUJ\SURGXFWLRQRUVRXUFHRIZDWHUȇ 7KHVHGHࢉQLWLRQVRIZDWHUUHODWHGDQGZDWHUGHSHQGHQWXVHVDUHLQFOXGHGLQWKHODQGXVHFRGH DPHQGPHQWVVXSSRUWHGE\WKLVGHVLJQSODQ7KHWHUPVZDWHUUHODWHGDQGZDWHUGHSHQGHQWDUHXVHG HOVHZKHUHLQWKHWH[W2$5ȆVDVOLVWHGE\UXOHQXPEHUUXOHWLWOHDQGFKDSWHUQDPH2$5 SURYLGHVWKHRQO\FRPPRQGHࢉQLWLRQRIWKHWHUPV Ȏ *HQHUDO0DQDJHPHQW$UHD:HWODQG5HYLHZ&ULWHULD&ROXPELD5LYHU*RUJH   Commission Ȏ *HQHUDO0DQDJHPHQW$UHD6WUHDP3RQG/DNHDQG5LSDULDQ$UHD5HYLHZ&ULWHULD  Columbia River Gorge Commission Ȏ 3XUSRVH'HSDUWPHQWRI*HRORJ\DQG0LQHUDO,QGXVWULHV Ȏ 'HࢉQLWLRQV'HSDUWPHQWRI*HRORJ\DQG0LQHUDO,QGXVWULHV Ȏ ([HPSWLRQ5HVSRQVLELOLW\'HSDUWPHQWRI*HRORJ\DQG0LQHUDO,QGXVWULHV • 660-004-0022, Reasons Necessary to Justify an Exception Under Goal 2, Part II(c), Land Conservation and Development Department Ȏ 5LSDULDQ&RUULGRUV/DQG&RQVHUYDWLRQDQG'HYHORSPHQW'HSDUWPHQW Ȏ 5H]RQLQJRI4XDOLI\LQJ6KRUHODQGVWR1RQZDWHU'HSHQGHQW8VHV/DQG&RQVHUYDWLRQ and Development Department )ROORZLQJLVDVXPPDU\RINQRZQUHࢉQHPHQWSODQVQHLJKERUKRRGSODQVDQGSDVW:LOODPHWWH*UHHQZD\ permit approvals that have established WRG setback lines in particular areas or for individual development sites. ৲৲ (67$%/,6+(' :5* 6(7%$&. /,1(6 ,1 (8*(1( 5HࢆQHPHQW3ODQVDQG1HLJKERUKRRG3ODQV $GRSWHGUHࢉQHPHQWSODQVDQGQHLJKERUKRRGSODQVZKRVHSODQERXQGDULHVHQFRPSDVVDSRUWLRQRIWKH Willamette River Greenway include: •'RZQWRZQ5LYHUIURQW6SHFLࢉF$UHD3ODQ •5LYHU5RDG6DQWD&ODUD8UEDQ)DFLOLWLHV3ODQ • Riverfront Park Study • Whiteaker Plan • Willakenzie Area Plan Of these plans, only the Willakenzie Area Plan contains a WRG setback line. Willakenzie Area Plan Adopted in 1992, the Willakenzie Area Plan lies between the Willamette River on the south and west, the Eugene Urban Growth Boundary (UGB) on the north, and Interstate 5 (I-5) on the east. Approximately six Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৱ৷ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN OLQHDUPLOHVRI:LOODPHWWH*UHHQZD\OLHZLWKLQWKH3ODQERXQGDU\7KH:LOODPHWWH*UHHQZD\LVDGGUHVVHG LQWKH3ODQȆV1HLJKERUKRRG'HVLJQ(OHPHQW7KHHOHPHQWȆVXVHPDQDJHPHQWVWDQGDUG  HVWDEOLVKHVD :LOODPHWWH*UHHQZD\VHWEDFNOLQHWKDWLVIHHWIURPWKHWRSRIEDQNZLWKFHUWDLQH[FHSWLRQVOLQHDUPLOHV RI:LOODPHWWH*UHHQZD\DUHZLWKLQWKH3ODQERXQGDU\7KH:LOODPHWWH*UHHQZD\LVDGGUHVVHGLQWKH3ODQȆV 1HLJKERUKRRG'HVLJQ(OHPHQW7KHHOHPHQWVXVHPDQDJHPHQWVWDQGDUG  HVWDEOLVKHVD:LOODPHWWH *UHHQZD\VHWEDFNOLQHWRNHHSVWUXFWXUHVVHSDUDWHGIURPWKHULYHUWKDWLVIHHWIURPWKHWRSRIULYHUEDQN with exceptions: 1.Provision that all new structures, expansions of existing structure, drives, parking areas, or storage areas, VKDOOQRWEHSHUPLWWHGZLWKLQWKHࢆUVWIHHWEDFNIURPWKHWRSRIULYHUEDQNXQOHVVWKHORFDWLRQRIWKH ࢇRRGZD\ERXQGDU\UHTXLUHVJUHDWHUVHSDUDWLRQ7KHUHDUHWKUHHH[FHSWLRQVWRWKHVWDQGDUG a.Structures designed solely for recreation use (e.g. a deck or steps leading to the river) and driveways for ERDWODQGLQJVDQGZDWHUUHODWHGRUZDWHUGHSHQGHQWXVHVDUHSHUPLWWHGZLWKLQWKHIRRWVHWEDFN b.Public improvements, including pedestrian and bicycle trails, public plazas, and similar amenities, but excluding roads and parking areas, are exempt from the setback requirements. c.Structures existing as of the date of adoption of this plan shall be allowed to rebuild at the same distance IURPWKHULYHUWKDWWKH\ZHUHEHIRUHGHVWUXFWLRQE\ࢆUHࢇRRGRURWKHUGLVDVWHU :LOODPHWWH*UHHQZD\3HUPLW$SSURYDOV Certain past Willamette Greenway Permit approvals have included the establishment of a Willamette Greenway setback line as part of demonstrating compliance with applicable approval criteria. Applications DUHOLVWHGE\ࢉOHQXPEHUDSSOLFDQWQDPHDQGSURMHFWQDPHLQFOXGLQJDOLVWRIPDSDQGWD[ORWQXPEHUVIRU which the Willamette Greenway Permit approval was granted. WG 19-3, City of Eugene, Downtown Riverfront 7KH'RZQWRZQ5LYHUIURQW3URMHFWLVORFDWHGZLWKLQ(XJHQHȆV'RZQWRZQ3ODQERXQGDU\RQWKHZHVWEDQN RIWKH:LOODPHWWH5LYHUVRXWKRIWKH'H)D]LR%ULGJHHDVWRIWKHWK6WUHHW0DUNHWFRPPHUFLDODUHDDQG QRUWKRIWKH8QLRQ3DFLࢉFUDLOURDGWUDFNV7KHSURMHFWLQFOXGHVUHGHYHORSPHQWRIVHYHUDOSURSHUWLHV formerly owned by the Eugene Water and Electric Board (EWEB) in order to construct a public park as ZHOODVKRXVLQJDQGFRPPHUFLDOXVHV7KH&LW\RI(XJHQHHVWDEOLVKHGD:LOODPHWWH*UHHQZD\VHWEDFN OLQHRQWKH'RZQWRZQ5LYHUIURQWSURMHFWVLWHWRNHHSVWUXFWXUHVVHSDUDWHGIURPWKHULYHUDQGWRSURWHFW maintain, preserve, and enhance the natural, scenic, historic, and recreational qualities of the Willamette *UHHQZD\7KHVHWEDFNOLQHLVVLWHVSHFLࢉFFRQWH[WVHQVLWLYHDQGUHVSRQGVWRH[LVWLQJFRQGLWLRQVDQGWKH redevelopment vision. As illustrated on the application’s Regulatory Plan, the Greenway setback is measured from top-of-bank and YDULHVLQZLGWKIURPIHHWWRIHHW7KHVHWEDFNȆVYDULDEOHZLGWKUHVSRQGVWRH[LVWLQJVLWHFRQGLWLRQV and anticipated redevelopment consistent with the Downtown Riverfront Concept Plan vision. Existing structures, including the EWEB Headquarters, Steam Plant, and Willamette Substation, are excluded from WKHVHWEDFNDUHD7KH(:(%+HDGTXDUWHUVDQG6WHDP3ODQWDUHHQYLVLRQHGIRUDGDSWLYHUHXVHDQGDUH therefore excluded from the setback to enable future redevelopment. $WWKHQRUWKHUQH[WHQWRIWKHSURMHFWVLWHWKHVHWEDFNLVDSSUR[LPDWHO\IHHWLQZLGWKDQGHQFRPSDVVHV DOOSURSHUW\FXUUHQWO\LQXVHDVRSHQVSDFHDQGSURSRVHGWREH5LYHUIURQW3DUN7KHVHWEDFNDOLJQVZLWKWKH eastern perimeter of the EWEB Headquarters North Building and EWEB Headquarters South Building and increases to approximately 110 feet in width to encompass the EWEB waterfront plaza and public access Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৱ৸ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN SRLQWVEHWZHHQEXLOGLQJV,QWKHPLGGOHSRUWLRQRIWKHVXEMHFWVLWHWKHVHWEDFNDOLJQVZLWKWKHHDVWHUQ HGJHRIWKHSURSRVHGUHORFDWHG5LYHUIURQW7UDLOLVDSSUR[LPDWHO\IHHWLQZLGWKDQGLQFOXGHVDOODUHDV GHVLJQDWHGIRU5LYHUIURQW3DUNXVHEHWZHHQWKHWUDLODQGWKHULYHU)XUWKHUVRXWKWKHVHWEDFNDOLJQVZLWK the eastern perimeters of the Steam Plant and Willamette Substation and includes all areas between those SURSHUWLHVDQGWKHULYHU,QWKHVRXWKHUQH[WHQWRIWKHSURMHFWVLWHWKHVHWEDFNLVDSSUR[LPDWHO\IHHWDQG HQFRPSDVVHVDGGLWLRQDODUHDVGHVLJQDWHGIRUSDUNRUFXOWXUDOODQGVFDSHDQGRSHQVSDFHXVHVDQGULSDULDQ bank enhancement. ,QWRWDOWKH:LOODPHWWH*UHHQZD\6HWEDFNSURWHFWVDFUHVRIWKHVXEMHFWVLWH$GRSWLRQRIWKHVHWEDFN ensures that no new buildings will be constructed within the setback, that adequate public access is provided along the river frontage, that limited existing habitat is preserved, and that the remaining natural YHJHWDWLYHIULQJHLVSURWHFWHG7KHVHWEDFNIRUWKHGRZQWRZQULYHUIURQWVLWHLVFRGLࢉHGDW(&DQG applies to properties zoned S-DR Downtown Riverfront Special Area Zone. 0DS 7D[/RWV 0DS 7D[/RWV 0DS 7D[/RWV 0DS 7D[/RWV WG 18-2, University of Oregon, North Campus 7KH8QLYHUVLW\RI2UHJRQ1RUWK&DPSXVDUHDFRQVLVWVRIDOO8QLYHUVLW\RZQHGODQGEHWZHHQ)UDQNOLQ %RXOHYDUGDQGWKH:LOODPHWWH5LYHUDQGELVHFWHGE\WKH8QLRQ3DFLࢉFUDLOURDGWUDFNV$VSDUWRIREWDLQLQJ a new Conditional Use Permit for the area, the University of Oregon established a Master Site Plan to connect people to the Willamette River and to accommodate essential future development. Of the 77 total acres within the North Campus area, the Master Site Plan allocates land for conservation (41%), open space  UHFUHDWLRQࢉHOGV  DQGQHZDQGH[LVWLQJEXLOGLQJV  7KH8QLYHUVLW\RI2UHJRQHVWDEOLVKHG a Willamette Greenway setback line for the North Campus area in order to keep structures separated from the river and to protect, maintain, preserve, and enhance the natural, scenic, historic, and recreational qualities of the Willamette Greenway. As illustrated on the Regulatory Plan, the setback line is coterminous with the required 100-foot conservation area setback from the top of bank of the Willamette River as HVWDEOLVKHGE\WKH:DWHU5HVRXUFHV :5 &RQVHUYDWLRQ2YHUOD\=RQH 0DS 7D[/RW 0DS 7D[/RWV 02700, 00100 ,QDGGLWLRQ(&SURYLGHVIRUDVHWEDFNRIDWOHDVWIHHWIURPWKHWRSRIEDQNRIWKH:LOODPHWWH5LYHU 7KHVHWEDFNDSSOLHVWRDOOSURSHUWLHV]RQHG6535LYHUIURQW3DUN6SHFLDO$UHD=RQH Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৲৯ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Other As documented in Appendix E: WG Permit History, the City has received 141 Willamette Greenway permit DSSOLFDWLRQVLQWRWDODQGVLQFH5HVROXWLRQ1RZDVDSSURYHGZKLFKLQFOXGHGERXQGDULHVRI the Willamette River Greenway for areas within the city limits; intent to review private development; PDSRIࢉQDO*UHHQZD\ERXQGDULHVFRPSDWLELOLW\UHYLHZSURFHGXUHVLQFRUSRUDWHGLQ]RQLQJRUGLQDQFHV WKDWUHTXLUHGHYHORSPHQWUHYLHZDQGࢉQGLQJVRIFRPSOLDQFHZLWKWKHDSSURYDOFULWHULD1RWDOORIWKRVH applications resulted in approvals, some were withdrawn, and a few were denied. Of the approved permit applications, the only known applications that included the established of a WRG setback as part of the approval are discussed previously in this document. Proposed code amendments that accompany the Design PlanDOORZWKHXVHRIVHWEDFNOLQHVHVWDEOLVKHGLQWKH:LOODNHQ]LH$UHD3ODQ(&RU(& as an alternative to compliance with the Design Plan WRG setback line. ৲৳ '(6,*1 3/$1 :5* 6(7%$&. /,1( 6HFWLRQ7RSRI%DQN'HWHUPLQDWLRQ GLVFXVVHVWKHPDSSLQJRID:LOODPHWWH5LYHU72%OLQHLQ*,6 using 2-foot contours, slope, and hillshade layer sets derived from the 2009 LiDAR data, and subsequent DGMXVWPHQWVWRWKDWOLQHEDVHGRQWKHࢉQGLQJVIURPD)LHOG,QYHVWLJDWLRQ7KH:LOODPHWWH5LYHU72%OLQHLV the basis for the application of the proposed WRG setback line. ,QWKH&LW\DGRSWHG2UGLQDQFH1RZKLFKXSGDWHGWKH*RDO,QYHQWRU\ZLWKLQWKH8*% DGRSWHGWKH*RDO:DWHU5HVRXUFHV&RQVHUYDWLRQ3ODQDQGDPHQGHGWKH(XJHQH&RGH7KH2UGLQDQFH established protection for the Willamette River, along with other riparian corridors, wetland, and upland ZLOGOLIHKDELWDWUHVRXUFHVLWHV7KH:LOODPHWWH5LYHUZDVLQYHQWRULHGDVRQHRIWKHPRVWH[WHQVLYHLQWDFW wildlife corridors in the region, providing habitat for a diversity of wildlife species including state- and federally-listed species and in consideration of the following factors: •,WLVRQHRIWKHKLJKHVWTXDOLW\VLWHVLQWKH>*RDO@5 Inventory, • It is the largest stream in the region, •7KHFRUULGRUFRQWDLQVDKLJKO\LQWDFWULSDULDQSODQWFRPPXQLW\ZLWKDPDWXUHIRUHVWFDQRS\WKDW supports a wide range of terrestrial and aquatic wildlife species, • It has very high connectivity value, providing one of the most extensive and diverse habitat systems and wildlife corridors in the region, • It provides habitat for state- and federally-listed species, and •,WSURYLGHVKDELWDWIRUQXPHURXVQDWLYHࢉVKVSHFLHV 7KHSULPDU\FRQVHUYDWLRQPHDVXUHLPSOHPHQWHGE\2UGLQDQFH1RLVWKH:5Water Resource ConserYDWLRQ2YHUOD\=RQH :52YHUOD\=RQH 7KH:5RYHUOD\]RQHRUJDQL]HVULSDULDQFRUULGRUVLQWRࢉYH categories (A, B, C, D, and E) and assigns a conservation setback to each category measured horizontally IURPWKHWRSRIKLJKEDQNRUZKHQWKHWRSRIKLJKEDQNLVQRWLGHQWLࢉDEOHIURPWKHOLQHRIRUGLQDU\ KLJKZDWHU (&  F  7KH:LOODPHWWH5LYHULVOLVWHGDVD&DWHJRU\$6WUHDPZLWKDFRQVHUYDWLRQ setback of 100 feet from the top of high bank and 120 feet from the line of ordinary high water. Within the FRQVHUYDWLRQDUHDWKH:5RYHUOD\]RQHUHVWULFWVQHZGHYHORSPHQWUHPRYDORIULSDULDQYHJHWDWLRQDQG RWKHUFRQࢊLFWLQJXVHV 5 Goal 5 Water Resources Conservation Plan. City of Eugene. ESEE Analysis, 24.5.2(1) Recommended Conservation Mea- VXUHV *RDO3URJUDP :LOODPHWWH5LYHU :$:%  Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৲ৰ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 7RHVWDEOLVKFRQVLVWHQF\EHWZHHQWKH*RDO:5*VHWEDFNUHFRPPHQGHGLQWKLVDesign Plan and the established Goal 5 riparian corridor resources conservation setback, and to align protections between those provided by Goal 15 and Goal 5 implementing regulations, this Design Plan recommends a Willamette River Greenway setback of 100 feet as measured horizontally from the top of bank, with the following exclusions: •2QHRIWKHSXUSRVHVRIWKHSURMHFWLVWRUHPRYHEDUULHUVWRWKHGHYHORSPHQWRIKRXVLQJ7RDOORZIRU the future redevelopment of residentially zoned properties with housing, this Design Plan excludes developed residentially zoned properties from the proposed WRG setback. •7KHSUHYLRXVO\HVWDEOLVKHG:LOODPHWWH*UHHQZD\VHWEDFNVLQWKH:LOODNHQ]LH$UHD3ODQ(& DQG(&FDQEHXVHGIRUFRPSOLDQFHZLWKGHYHORSPHQWVWDQGDUGVLQFOXGLQJEXWQRWOLPLWHGWR Willamette Greenway permit approval. 7KHPHWKRGRORJ\IRUGHWHUPLQLQJWKH72% WRSRIEDQN IRUWKHSXUSRVHVRIDSSO\LQJWKH:5*VHWEDFNLV GLVFXVVHGLQWKH6HFWLRQ7RSRI%DQN'HWHUPLQDWLRQ0DS2YHUDOO:*60DSGLVSOD\VSURSRVHG:5* VHWEDFNDQG72%OLQHLQUHODWLRQWRWKH:LOODPHWWH5LYHU*UHHQZD\ERXQGDU\WD[ORWVDQGWKH(XJHQH&LW\ Limits. Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৲ৱ EXHIBIT OVERALL WGS MAP WG CODE AMENDMENTS ஸऺ:A08-0=ऺவளவழ 4?Dऺ484?ऺ490 &!ऺ:@9/,=D #,Cऺ:?ऺ490 #:;ऺ:1ऺ,96ऺ490 &!ऺ"0?-,.6ऺ490 ளறழவஸளளறவஸ 470 ",8;70ऺ"4?0 ஶ &ஶ வ &வ &ழ ழ ந DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 0DS  2YHUDOO :*6 0DS Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৲৲ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN ৳৯ '(6,*1 3/$1 ),1',1*6 ৳ৰ 29(59,(: Goal 15 allows for adoption of an administrative review procedure and design plan as an alternative to the VXEMHFWLYHDSSURYDOFULWHULDDQGSXEOLFKHDULQJVVSHFLࢉHGLQVXEVHFWLRQV D WKURXJK H RIWKHJRDO,ID city chooses to prepare and adopt a design plan and administrative review procedure for a development ZLWKLQWKH*UHHQZD\WKHGHVLJQSODQPXVWSURYLGHࢉQGLQJVVKRZLQJFRPSOLDQFHWKHIROORZLQJFULWHULDVHW RXWLQ E  DQG  RISDUDJUDSK)RI*RDO 7RWKHJUHDWHVWSRVVLEOHGHJUHH •7KHLQWHQVLࢉFDWLRQFKDQJHRIXVHRUGHYHORSPHQWZLOOSURYLGHWKHPD[LPXPSRVVLEOHODQGVFDSHGDUHD open space or vegetation between the activity and the river. • Necessary public access will be provided to and along the river by appropriate legal means. ৳ৱ ),1',1*6 )ROORZLQJDUHࢉQGLQJVRIFRPSOLDQFHZLWKWKHDIRUHPHQWLRQHGFULWHULDIRUWKHSUHSDUDWLRQDQGDGRSWLRQRI the Design Plan. 2$5  ) E  7R WKH JUHDWHVW SRVVLEOH GHJUHH WKH LQWHQVLࢉFDWLRQ FKDQJH RI XVH RU GHYHORSPHQW ZLOO SURYLGH WKH PD[LPXP SRVVLEOH ODQGVFDSHG DUHD RSHQ VSDFH RU YHJHWDWLRQ EHWZHHQ WKH DFWLYLW\ DQG WKH ULYHU 7KHDesign Plan and associated land use code amendments establish a Greenway Setback to keep structures separated from the Willamette River and to protect, maintain, preserve, and enhance the QDWXUDOVFHQLFKLVWRULFDQGUHFUHDWLRQDOTXDOLWLHVRIWKH:LOODPHWWH*UHHQZD\7KH*UHHQZD\6HWEDFNLV VKRZQRQ0DSDQGZLOODSSO\ZKHQDQDSSOLFDQWWRGHYHORSKRXVLQJRQDSURSHUW\ZLWKLQWKH*UHHQZD\ FKRRVHVWRSURFHHGXQGHUWKHFOHDUDQGREMHFWLYHVWDQGDUGVHVWDEOLVKHGE\WKHODQGXVHFRGHDPHQGPHQWV associated with this Design Plan7KH*UHHQZD\6HWEDFNDSSOLFDEOHWRSURSHUWLHVVXEMHFWWRWKH:LOODNHQ]LH $UHD3ODQLVIHHWIURPWKHWRSRIEDQNRIWKH:LOODPHWWH5LYHULQDFFRUGDQFHZLWKWKHODQJXDJHRI WKDWSODQ7KHVHWEDFNDSSOLFDEOHWRSURSHUWLHV]RQHG6'5'RZQWRZQ5LYHUIURQW6SHFLDO$UHD=RQHLV LQDFFRUGDQFHZLWKWKHUHTXLUHPHQWVRI(&DQG)LJXUH6'5=RQH5HJXODWLQJ3ODQ7KH *UHHQZD\6HWEDFNDSSOLFDEOHWRSURSHUWLHV]RQHG6535LYHUIURQW3DUN6SHFLDO$UHD=RQHLVIHHWIURPWRS RIEDQNDVHVWDEOLVKHGLQ(&)RUDOORWKHUSURSHUWLHVZLWKLQWKH*UHHQZD\%RXQGDU\DQGVXEMHFW to the setback, the land use code amendments associated with this Design Plan provide for a setback of IHHWIURPWKHWRSRIEDQNRIWKH:LOODPHWWH5LYHU7KHVHVHWEDFNVDUHFROOHFWLYHO\UHIHUUHGWRLQWKHVH ࢉQGLQJVDVWKH*UHHQZD\6HWEDFN ,QFRQFHUWZLWKWKHDGPLQLVWUDWLYHUHYLHZSURFHGXUHDQGFOHDUDQGREMHFWLYHVWDQGDUGVLQFOXGHGLQWKH land use code amendments associated with this Design Plan, the Greenway Setback will, to the greatest possible degree, provide the maximum possible landscaped area, open space or vegetation between the housing development and the Willamette River. Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৲৳ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN ȉ0D[LPXPSRVVLEOHȊLVQRWGHࢉQHGE\*RDOEXWEHFDXVH*RDOFRQWHPSODWHVGHYHORSPHQWZLWKLQWKH Greenway boundary, it is clear that the “maximum possible landscaped area, open space or vegetation between the housing development and the river” must mean something other than “no development between the river and the Greenway Boundary.” Instead, read in the context of Goal 15’s allowance for development in the Greenway, it is clear that “maximum possible landscaped area, open space or vegetation between the housing development and the river” requires reservation of enough landscaped area, open space, or vegetation to preserve the character of the Greenway and the river, while still allowing the development within the Greenway Boundary that is clearly contemplated by Goal 15. 7KH*UHHQZD\6HWEDFNUHVWULFWVWKHGHYHORSPHQWRIVWUXFWXUHVZLWKLQIHHWRIWKHWRSRIEDQNRIWKH :LOODPHWWH5LYHUSUHVHUYLQJWKHVHWEDFNDUHDDVRSHQVSDFH7KHVHWEDFNDUHDDQGRSHQVSDFHVHUYHWR protect, conserve, enhance and maintain the natural, scenic, historical, and recreational qualities of lands DORQJWKH:LOODPHWWH5LYHU$GGLWLRQDOO\WKHFOHDUDQGREMHFWLYHVWDQGDUGVLQFOXGHGLQWKHODQGXVHFRGH amendments that accompany this Design PlanUHTXLUHDWHQIRRWODQGVFDSHEXࢆHUEHWZHHQWKHKRXVLQJ development and the river. Additionally, the standards prohibit walls and fences within the Greenway 6HWEDFNUHTXLUHWKDWIHQFLQJRXWVLGHWKHVHWEDFNEHVHPLWUDQVSDUHQW7RJHWKHUWKHRSHQVSDFHSUHVHUYHG E\WKHVHWEDFNDQGWKHUHTXLUHGQDWLYHODQGVFDSLQJVHUYHWRFUHDWHDSURWHFWLYHEXࢆHUDQGDYLVXDOVFUHHQ between housing developments and the river. 7KHIRRW*UHHQZD\6HWEDFNLVFRQVLVWHQWZLWKWKHVHWEDFNIURPWKH:LOODPHWWH5LYHULQFOXGHGWKH &LW\ȆVDGRSWHG:5:DWHU5HVRXUFHV3URWHFWLRQ2YHUOD\=RQHDVD*RDOUHVRXUFHSURWHFWLRQPHDVXUH 7KH:5:DWHU5HVRXUFHVRYHUOD\]RQHDVVLJQVDFRQVHUYDWLRQVHWEDFNWRWKH:LOODPHWWH5LYHUPHDVXUHG KRUL]RQWDOO\IURPWKHWRSRIKLJKEDQNRUZKHQWKHWRSRIKLJKEDQNLVQRWLGHQWLࢉDEOHIURPWKHOLQHRI ordinary high water (EC 9.4920(1)(c)1.). Within the conservation area, which includes the resource and the VHWEDFNWKH:5:DWHU5HVRXUFHVRYHUOD\]RQHUHVWULFWVQHZGHYHORSPHQWUHPRYDORIULSDULDQYHJHWDWLRQ DQGRWKHUFRQࢊLFWLQJXVHV7KHODQGXVHFRGHDPHQGPHQWVDW(&ZKLFKDFFRPSDQ\WKLVDesign Plan, include provisions for permitted and prohibited uses in the Greenway Setback consistent with the SHUPLWWHGDQGSURKLELWHGXVHVDOORZHGLQWKH:5:DWHU5HVRXUFHVRYHUOD\]RQH7KHODQGXVHFRGH amendments which accompany this Design Plan restrict development of structures, removal of riparian YHJHWDWLRQDQGRWKHUFRQࢊLFWLQJXVHVZLWKLQWKH*UHHQZD\6HWEDFN 7KH*UHHQZD\6HWEDFNFRPSOLHVZLWK*RDOȆVUHTXLUHPHQWIRUPD[LPXPSRVVLEOHRSHQVSDFHE\DOORZLQJ development of housing as contemplated by the Goal, separating that development from the river, and requiring the amount of open space between the development and the river that the City has already GHWHUPLQHGLVSURWHFWLYHRIWKH:LOODPHWWH5LYHUDVDQDWXUDOUHVRXUFH7KHRQO\SURSHUWLHVQRWVXEMHFW WRWKHIRRWVHWEDFNDUHSURSHUWLHVVXEMHFWWRWKH:LOODNHQ]LH$UHD3ODQRU]RQHG6'5'RZQWRZQ 5LYHUIURQW6SHFLDO$UHD=RQHRU6535LYHUIURQW3DUN6SHFLDO$UHD=RQH7KH*UHHQZD\6HWEDFNDSSOLFDEOH WRWKRVHSURSHUWLHVZDVVHWE\WKH:LOODNHQ]LH$UHD3ODQRU(XJHQH&RGHVHFWLRQVRU7KRVH land use regulations have been acknowledged by the Land Conservation and Development Commission; therefore, the provisions of those land use regulations, including their Greenway setbacks, have been determined by the Land Conservation and Development Commission to be in compliance with the statewide planning goals, including the requirements of Goal 15. 7KHࢉQGLQJVDERYHVKRZWKDWLQFRQFHUWZLWKWKHDGPLQLVWUDWLYHUHYLHZSURFHGXUHDQGFOHDUDQGREMHFWLYH standards included in the land use code amendments that accompany this Design Plan, the Greenway Setback will, to the greatest possible degree, protect the qualities of the Willamette Greenway and provide the maximum possible landscaped area, open space or vegetation between the housing development and Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৲৴ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN the Willamette River. 2$5  ) E  1HFHVVDU\ SXEOLF DFFHVV ZLOO EH SURYLGHG WR DQG DORQJ WKH ULYHU E\ DSSURSULDWH OHJDO PHDQV 7KH'HVLJQ3ODQGHPRQVWUDWHVWKDWLQODUJHSDUWGXHWRDFTXLVLWLRQDQGGHYHORSPHQWRISXEOLFODQGV along the Willamette River, necessary public access to and along the river already exists. However, where a housing development is located more than 500 feet from an existing access point, the land use code amendments that accompany this Design Plan require on-site pedestrian paths toward the river as well as a public access connection between the development site and existing public ways that provide a connection to or along the Willamette River, provided the City can make the required constitutional ࢉQGLQJV As explained in the Design PlanRYHUWKH\HDUV/DQH&RXQW\DQGWKHFLWLHVRI(XJHQHDQG6SULQJࢉHOG have cooperated in the development of a publicly owned and accessible bicycle and pedestrian trail V\VWHPORFDWHGLQWKH*UHHQZD\WKDWH[WHQGVDORQJERWKVLGHVRIWKHULYHUDQGSURYLGHVVLJQLࢉFDQWSXEOLF DFFHVVWRDQGORQJWKHULYHUZLWKLQ(XJHQHȆVFLW\OLPLWV$FFRUGLQJWR(XJHQHȆVWR%XLOGDEOH /DQGV,QYHQWRU\RIWKHODQGVZLWKLQWKH*UHHQZD\DUHGHYRWHGWRVSHFLDOXVHVOLNHSDUNVVFKRROV JRYHUQPHQWRࢇFHVFHPHWHULHVDQGULJKWVRIZD\DQGWKHUHIRUHKDYHQRGHYHORSPHQWRUUHGHYHORSPHQW SRWHQWLDO7KH&LW\RI(XJHQHRZQVRIWKHODQGVLQWKH*UHHQZD\7KH&LW\RI(XJHQHKDVDQ established and developed network of parks, open space areas, natural areas and multi-use paths that extend along 12 miles of river frontage that includes ten parks and two community centers within RUDGMDFHQWWRWKH:LOODPHWWH*UHHQZD\DQGPLOHVRISDWKV3XEOLFDFFHVVLVSURYLGHGDWDOORIWKHVH facilities unless otherwise restricted for security, safety, or temporary construction reasons. Design Plan Map 1.2 shows public access points to the Willamette Greenway, which are points where existing right-of- ZD\LQWHUVHFWVZLWKPXOWLXVHSDWKFRQQHFWLRQV7KHPDSVKRZVSXEOLFDFFHVVSRLQWVWRDQGDORQJWKH river, six of which are bridges that include pedestrian facilities providing access across the river. 7KHࢉQGLQJVDERYHGHPRQVWUDWHWKDWVLJQLࢉFDQWSXEOLFDFFHVVWRDQGDORQJWKHULYHUDOUHDG\H[LVWVZLWKLQ WKH*UHHQZD\,QDGGLWLRQWKHFOHDUDQGREMHFWLYHODQGXVHFRGHDPHQGPHQWVWKDWDFFRPSDQ\WKLV'HVLJQ 3ODQUHTXLUHKRXVLQJGHYHORSPHQWVFRQVLVWLQJRIࢉYHRUPRUHXQLWVDQGORFDWHGRQDGHYHORSPHQWVLWHWKDW LVPRUHWKDQIHHWIURPRQHRIWKHDFFHVVSRLQWVVKRZQRQ'HVLJQ3ODQ0DSWRSURYLGHRQVLWH pedestrian paths connecting the housing to the property line closest to the river, and where the City can PDNHWKHUHTXLUHGFRQVWLWXWLRQDOࢉQGLQJVDSXEOLFDFFHVVFRQQHFWLRQEHWZHHQWKHGHYHORSPHQWVLWHDQG existing public ways that provide a connection to or along the Willamette River. 7KHࢉQGLQJVDERYHVKRZWKDWWKLVDesign Plan and the accompanying land use code amendments will, to the greatest possible degree, provide necessary public access to and along the Willamette River by appropriate legal means. 7KLVDesign PlanDQGWKHDFFRPSDQ\LQJFOHDUDQGREMHFWLYHVWDQGDUGVDQGDGPLQLVWUDWLYHUHYLHZ procedure comply with the requirements of Goal 15. ৳৲ &21&/86,21 $VGLVFXVVHGSUHYLRXVO\*RDOLQFOXGHVDSURYLVLRQIRUDQDOWHUQDWLYHUHYLHZSURFHGXUHDVVSHFLࢉHGLQ VXEVHFWLRQV D WKURXJK H RIWKHJRDO7KLVSURYLVLRQDOORZVIRUFLWLHVWRSUHSDUHDQGDGRSWDDesign Plan DQGDGPLQLVWUDWLYHUHYLHZSURFHGXUHIRUGHYHORSPHQWZLWKLQWKH*UHHQZD\7KHDesign Plan must provide Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৲৵ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN ࢉQGLQJVXQGHUWKHFULWHULDVHWRXWLQ E  DQG  RISDUDJUDSK)ZKLFKDUHLQFOXGHGLQWKHSUHFHGLQJ VHFWLRQDORQJZLWKࢉQGLQJVRIFRPSOLDQFH 7KLVGRFXPHQWFRQVWLWXWHVWKHDesign Plan, which is accompanied by code amendments that implement ERWKDQDGPLQLVWUDWLYHUHYLHZSURFHGXUHDQGFOHDUDQGREMHFWLYHDSSURYDOFULWHULDIRUWKHUHYLHZRIKRXVLQJ development within the Greenway boundary. Consistent with Goal 15 requirements, the Design Plan functions as the foundational document for the new code provisions and new review procedure for housing development within the Greenway Boundary. Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৲৶ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN $33(1',;$),(/',19(67,*$7,21 $33(1',;%ৱ৯ৰ৷3$5.66<67(03/$1 $33(1',;&ৱ৯ৰ৷:,//$0(77(5,9(5)5217$&&(66678'< $33(1',;'*2$/৴0$3 $33(1',;(:*3(50,7+,6725< ৲ৰ ৳৳ ৳৴ ৳৵ ৳৶ Appendix Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৲৷ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN $33(1',; $ ),(/' ,19(67,*$7,21 29(59,(: 7KLVVHFWLRQGLVFXVVHVWKHPHWKRGRORJ\XVHGWRFRQGXFWWKHࢉHOGLQYHVWLJDWLRQWKHࢉQGLQJVIURPWKH LQYHVWLJDWLRQDQGWKHSURFHVVXVHGWRHVWDEOLVKPDSSHG:LOODPHWWH5LYHUWRSRIEDQN 72% DQG:LOODPHWWH Greenway setback (WGS) lines as components of the updated regulations. 0(7+2'2/2*< &LW\VWDࢆHVWLPDWHGWKH:LOODPHWWH5LYHU72%LQ*,6XVLQJIRRWFRQWRXUVVORSHDQGKLOOVKDGHOD\HU VHWVGHULYHGIURPWKH/L'$5GDWD7KH&LW\SURYLGHGWKH*,6GDWDVHWWR&DPHURQ0F&DUWK\IRUXVH RQWKHSURMHFWDQGFRQVXOWDQWVFRQGXFWHGDࢉHOGLQYHVWLJDWLRQRQ2FWREHUWRWHVWWKHDFFXUDF\ RIWKHPDSSHG:LOODPHWWH5LYHU72%OLQH&LW\DQGFRQVXOWDQWVDJUHHGXSRQVL[WHVWVLWHVIRUWKHࢉHOG LQYHVWLJDWLRQ7HVWVLWHVZHUHODEHOHGZLWKDGLUHFWLRQDOLGHQWLࢉHU :( EDVHGZKLFKVLGHRIWKHULYHUWKH site was located, and nearest street name or geographical feature: • W1 Hatten •:%ULDUFOLࢆ •:0LOOUDFH • E1 Riverplace • E2 Valley River Center (VRC) •()URKQPH\HU ([KLELW$WRWKH7RSRI%DQN'HWHUPLQDWLRQFRQWDLQVDPDSRIWKHIXOOH[WHQWRIWKH:LOODPHWWH*UHHQZD\ ERXQGDU\ZLWKLQ(XJHQHDQGWKHORFDWLRQVL[WHVWVLWHVDVZHOODVࢉHOGPDSHQODUJHPHQWVRIHDFKWHVWVLWH &RQVXOWDQWVFROOHFWHG*36VXUYH\SRLQWVLQWKHࢉHOGXVLQJD7ULPEOH*HR[FHQWLPHWHUNLWFRPSULVHGRID KDQGKHOGUDQJHࢉQGHUPRGXOHFRQQHFWHGWRD=HSK\UPRELOHDQWHQQDPRXQWHGWRWKHWRSRIDIRRWWDOO surveyor’s range pole. At least 12 Global Navigation Satellite System (GNSS) satellites were acquired for XVHE\WKHKDQGKHOG*36XQLWSULRUWRSRLQWFROOHFWLRQ7KLVPHWKRGRIFROOHFWLRQSURYLGHVDVXEFHQWLPHWHU UDGLXVRIDFFXUDF\7KHKLJKOHYHORIDFFXUDF\RIERWK/L'$5GDWDDQGࢉHOGFROOHFWHG*36GDWDLVGHVLJQHGWR UXOHRXWGDWDFROOHFWLRQDQGGLJLWDOSURFHVVLQJDVFRQWULEXWLQJIDFWRUVRIHUURU&RQVXOWDQWVFROOHFWHGࢉHOG *36SRLQWVZLWKLQWKHVL[VDPSOHVLWHVDORQJWKH:LOODPHWWH5LYHU3RLQW)HDWXUH'DWDFROOHFWHGDQGࢉOHG RQWKH*36KDQGKHOGZDVFRQYHUWHGWR(65,VKDSHࢉOHIRUPDWXVLQJWKHKDQGKHOGLQWHUQDO:LQGRZV26DQG 7ULPEOHȆV7HUUD6\QFDSSOLFDWLRQVWDQGDUGSURFHVV*,6FRPSDWLEOHVKDSHࢉOHV SRLQWV ZHUHWKHQWUDQVIHUUHG WRDPHPRU\FDUGIRUSURFHVVLQJLQ$XWRGHVN&LYLO' *36ࢉHOGSRLQWGDWDZDVRYHUOD\HGLQ&LYLO'ZLWKWKHPDSSHG72%OLQHSUHYLRXVO\JHQHUDWHGXVLQJ/L'$5 GDWD7KH72%OLQHDQGࢉHOGFROOHFWHGSRLQWVZHUHWKHQDVVHVVHGDWHDFKWHVWVLWHIRUFRQVLVWHQF\:KHUH OHVVWKDQPHWHURIGLࢆHUHQFHRFFXUUHGRQDYHUDJHWKHPDSSHG72%OLQHIURP/,'$5GDWDLVFRQVLGHUHG WREHDFFXUDWHWRࢉHOGFRQGLWLRQV)RUWHVWVLWHVZKHUHࢉHOGFROOHFWHGGDWDSRLQWVYDULHGIURPWKHPDSSHG 72%OLQHJUHDWHUWKDQPHWHURIGLࢆHUHQFHWKHPDSSHG72%OLQHZDVFRQVLGHUHGQRWDFFXUDWHWRࢉHOG FRQGLWLRQVDQGPRGLࢉHGEDVHGRQࢉHOGFRQGLWLRQVDQG*36ࢉHOGSRLQWGDWD3ULPDU\PHWKRGVXVHGIRU Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৲৸ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN YHULࢉFDWLRQDQGDGMXVWPHQWVWRWKH72%OLQHLQUHVSRQVHWRࢉHOGFRQGLWLRQVLQFOXGH •$OLJQLQJWKH72%OLQHH[DFWO\ZLWKWKHࢉHOGFROOHFWHGࢉHOGGDWD SRLQWV RU •$OLJQLQJWKH72%OLQHZLWKWKHULYHUVLGHHGJHRIWKHELNHSDWKRQVLWHVZKHUHWKHELNHSDWKH[LVWV 7HVWVLWHVZHUHQRWVHOHFWHGWRGHࢉQHWKH72%OLQHIRUWKHIXOOFRUULGRUEXWUDWKHUWRYHULI\WKHDFFXUDF\ RIWKHPDSSHG72%OLQHJHQHUDWHGXVLQJ/L'$5GDWDLQ*,6$ORQJPRVWRIWKHULYHUFRUULGRU/L'$5GDWD LQGLFDWHVWKDW72%LVFRQVLVWHQWZLWKWKHULYHUVLGHVKRXOGHURIWKHELNHSDWKZKHUHWKHSDWKȆVHGJHDEUXSWO\ changes from predominately horizontal to predominantly vertical. Additionally, consultants observed the ELNHSDWKVHSDUDWLQJGHYHORSHGࢉOOIURPDODQGIRUPLQࢊXHQFHGE\ULYHUK\GURORJ\DQGULSDULDQࢊRUDDQG ࢊRRGSODLQGHWULWXV 8VLQJWKHULYHUVLGHHGJHRIELNHSDWKPHWKRGDVDQDGMXVWPHQWZKHUHࢉHOGFROOHFWHGGDWDSRLQWVYDULHG IURPWKHPDSSHG72%OLQHFRQVXOWDQWVDSSOLHGDJHQHUDORࢆVHWULYHUVLGHIURPWKHELNHSDWK*,6OD\HU OLQH IHDWXUH +DOIWKHZLGWKRIWKHVWDQGDUGELNHSDWKZLGWKZDVXVHGDVDQRࢆVHWRUaIHHW7KLVRࢆVHWZDV XVHGDVWKHDGMXVWHG72%OLQHZLWKLQDUHDVZLWKDQXQFOHDULQWHUSUHWDWLRQRI/L'$5KLOOVKDGHGDWD ),1',1*6 7KHࢉHOGLQYHVWLJDWLRQRIWHVWVLWHVZDVFRQGXFWHGRQWKHPRUQLQJRI2FWREHU:HDWKHUFRQGLWLRQV ZHUHSDUWO\FORXG\WHPSHUDWXUHRIORZGHJUHHVDQGQRGLVFHUQDEOHSUHFLSLWDWLRQ)ROORZLQJLVDVHULHV of tables for each sample site including observations, supporting information, methodology to determine 72%OLQHDGMXVWPHQW LIDSSOLFDEOH DQGࢉQGLQJV 7DEOH  7HVW 6LWH 1R  6,7(:ৰ +$7721 GPS Points Collected ;;;/) Satellites Acquired 20 Observations 7KHWHVWVLWHLVZLWKLQDQDUHDIUHTXHQWO\LQXQGDWHGE\WKHZDWHU containing scattered riparian tree canopy, mid-story vegetation like Salix sp. and landform character shaped by presence of water and riverine systems. Detritus, woody debris caried by water, DQGHURVLRQREVHUYHGDORQJHPEDQNPHQWDGMDFHQWWRSURSHUW\ OLQH)LHOGREVHUYHG72%OLQHLVFORVHWRRUDERXWDPHWHUIURP property lines of residential development to west. Unrelated to 72%FRQVXOWDQWVREVHUYHGEDQNHURVLRQFDXVHGE\IRRWWUDࢇF and deposits of yard debris. )LQGLQJV 3UHVHQFHRIHURVLRQZDVQRWXVHGWRGHWHUPLQH72%ࢉHOGGDWD SRLQWORFDWLRQVGXHWRH[WHQWRIIRRWWUDࢇF&KDUDFWHULVWLFV including deposition of woody debris deposited by water, water loving riparian vegetation and topography shaped by frequent movement of water used instead of data points. GPS points FROOHFWHGDOLJQZLWK72%OLQHGHULYHGIURP*,6+LOOVKDGHGDWD 7KHPDSSHG72%OLQHLVDFFXUDWHDQGQRDGMXVWPHQWVDUH proposed. Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৳৯ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 7DEOH  7HVW 6LWH 1R  7DEOH  7HVW 6LWH 1R  6,7(:ৱ %5,$5&/,)) GPS Points Collected ;;;/) Satellites Acquired 16 Observations 7KHWHVWVLWHLVFKDUDFWHUL]HGE\PRXQGHGWRSRJUDSK\EHWZHHQ bike path and river channel. Openings between mounded WRSRJUDSK\DSSHDUVWRFRQQHFWZLWKZDWHUࢊRZGXULQJࢊRRG RUKLJKࢊRZHYHQWV'HSRVLWLRQRIZRRG\GHEULVFREEOHV vegetation, and landform all appear to indicate the area east of ELNHSDWKLVSDUWRIWKHULYHUV\VWHPDQGEHORZPDSSHG72% )LQGLQJV *36ࢉHOGGDWDSRLQWVFROOHFWHGFORVHO\DOLJQZLWKPDSSHG72% OLQHGHULYHGIURP*,6+LOOVKDGHGDWD7KHPDSSHG72%OLQHLV DFFXUDWHDQGQRDGMXVWPHQWVDUHSURSRVHG 6,7(:৲ 0,//5$&( GPS Points Collected ;;;/) Satellites Acquired 1$ Observations 7KHELNHSDWKDGMDFHQWWRWHVWVLWHLVFXUUHQWO\EHLQJUHDOLJQHG DQGLVXQGHUFRQVWUXFWLRQ7KHDUHDZKHUH0LOOUDFHRXWIDOOVWR the river is severely incised. Riverine landforms and deposition of ZRRG\GHEULVZHUHREVHUYHG7KHULYHUEDQNDSSHDUVVFRXUHGE\ ࢊRZRIZDWHU )LQGLQJV Due to the clear and abrupt change in slope, represented DFFXUDWHO\E\WKHPDSSHG72%OLQHQR*36ࢉHOGGDWDSRLQWVZHUH WDNHQ7KHPDSSHG72%OLQHLVDFFXUDWHDQGQRDGMXVWPHQWVDUH proposed. Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৳ৰ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 7DEOH  7HVW 6LWH 1R  7DEOH  7HVW 6LWH 1R  6,7((ৰ 5,9(53/$&( GPS Points Collected ;;;/) Satellites Acquired  Observations 7KH72%DSSUR[LPDWHO\IROORZVULYHUVLGHHGJHRIELNHSDWKWR WKHQRUWKDQGVRXWKRIWKHWHVWVLWH7KHH[WHQWRIWKHVDPSOH VLWHLVLGHQWLࢉDEOHE\GURSLQHOHYDWLRQRIWHUUDLQDQGHYLGHQFH of topography shaped by water on landside area of bike path. Woody debris, river cobbles, pits of erosion near trees and dense shrub outcroppings suggests the area is frequently inundated by water. Anecdotal verbal information from a passing neighbor VXSSRUWVWKHELNHSDWKࢊRRGVUHJXODUO\DWWKLVORFDWLRQ7KH H[WHQWRIWKHࢊRRGHGDUHDDSSHDUVWRHQGDWWKHEDVHRU SDUWZD\XSDQHPEDQNPHQWRIEDFNࢉOOXSRQZKLFKDGMDFHQW residential homes have been constructed. )LQGLQJV )LHOGREVHUYDWLRQVVXSSRUWDࢉQGLQJWKDWWKH72%OLQHLVFORVHU WRWKHERWWRPRIEDFNࢉOOHPEDQNPHQWGXHWRWKHH[LVWHQFH of landforms shaped by presence of water and evidence of IUHTXHQWࢊRRGLQJ7KH72%OLQHDSSHDUVWREHDSSUR[LPDWHO\ VHYHUDOPHWHUVZHVWRIWKHSURSHUW\OLQHRIDGMDFHQWUHVLGHQWLDO GHYHORSPHQW0HWKRGRORJ\IRUDGMXVWPHQWWR72%OLQHDQGWR EHFRQVLVWHQWZLWK72%ORFDWLRQQRUWKDQGVRXWKRIVDPSOHVLWH VXSSRUWVDGMXVWLQJWKHOLQHWRDȆULYHUVLGHRࢆVHWIURPFHQWHURI bike path. 6,7((ৱ 9$//(< 5,9(5 &(17(5 95& GPS Points Collected ;;;/) Satellites Acquired 14 Observations 7KHWHVWVLWHLQFOXGHVWKHH[LVWLQJERDWODXQFK'XHWRYLVLEOH erosion and clear visual evidence of land shaped by riverine V\VWHPVDQGWKHSUHVHQFHRIZDWHUࢉHOGFROOHFWHGGDWDVXSSRUWV DࢉQGLQJWKDWWKHPDSSHG72%OLQHLVZHOOGHࢉQHGDORQJWKH riverside edge of bike path and breaks across the boat launch access where the slope of boat launch changes abruptly. )LQGLQJV 7KHPDSSHG72%OLQHDQGREVHUYHG72%LQWKHࢉHOGFORVHO\DOLJQ with GIS Hillshade data originally used to determine the mapped 72%OLQH7KHPDSSHG72%OLQHLVDFFXUDWHDQGQRDGMXVWPHQWV are proposed. Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৳ৱ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 7DEOH  7HVW 6LWH 1R  0DSGLVSOD\VWKHWHVWVLWHORFDWLRQVDQGDGMXVWHG72%OLQHIROORZLQJWKHࢉHOGLQYHVWLJDWLRQLQUHODWLRQ WRWKH:LOODPHWWH5LYHU*UHHQZD\ERXQGDU\WD[ORWVDQG&LW\/LPLWVERXQGDU\7KHPDSDOVRGLVSOD\V the proposed Willamette River Greenway setback line, which is discussed in the Willamette Greenway Established Setbacks document. 6,7((৲ )52+10(<(5 GPS Points Collected ;;;/) Satellites Acquired 12 Observations 7KHWHVWVLWHLVGHQVHZLWKWUHHFDQRS\DQGXQGHUVWRU\YHJHWDWLRQ on either side of the bike and extending down to the riverbank, ZKLFKLVPRVWO\JUDYHOEDUDQGH[SRVHGEHGURFNDWORZࢊRZ 7RSRJUDSK\DQGYHJHWDWLRQLQGLFDWHDGUDLQDJHH[WHQGLQJQRUWK ZKHUHWKHPDSSHG72%ZDVVKRZQWRLQFOXGH9LVXDOHYLGHQFH RIVHDVRQDOࢊRRGLQJLQWKHDUHD7KHGUDLQDJHIHDWXUHH[WHQGLQJ QRUWKDSSHDUVWREHDIHDWXUHGLVWLQFWIURPWKHULYHUFKDQQHO7KH ࢉHOGREVHUYHG72%OLQHJHQHUDOO\IROORZVULYHUVLGHHGJHRIELNH path east and west of test site. )LQGLQJV 'XHWRGHQVHYHJHWDWLRQPLQLPDO*36ࢉHOGGDWDSRLQWVZHUH recovered. Vegetation, although riparian, appears to be associated with a distict drainage feature that intersects with the ULYHUFRUULGRU$SSO\LQJPHWKRGRORJ\IRUDGMXVWPHQWVPDSSHG 72%OLQHLVDGMXVWHGWRDȆULYHUVLGHRࢆVHWIURPELNHSDWKDQG H[WHQGLQJDORQJELNHSDWKHDVWDQGZHVWXQWLOMRLQLQJZLWK72% line clearly established from GIS Hillshade data. Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৳৲ EXHIBIT OVERALL WGS MAP WG CODE AMENDMENTS ஸऺ:A08-0=ऺவளவழ ளறழவஸளளறவஸ 470 ஶ &ஶ வ &வ &ழ ழ &!ऺ:@9/,=D #:;ऺ:1ऺ,96ऺ490 &!ऺ"0?-,.6ऺ490 ",8;70ऺ"4?0ந DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 0DS  :LOODPHWWH 5LYHU *UHHQZD\ 7HVW 6LWHV Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৳৳ Legend UGB TOB 100ft Setback WRG Boundary City Limits Bikeways AG C-1 C-2 C-3 E-1 E-2 GO I-2 I-3 NR PL PRO R-1 R-1.5 R-2 R-3 R-4 S-H SAZ Willamette River Greenway Base Map ¯0 4,400 8,8002,200 Ft Full Extent Test Site: DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 0DS  )LHOG ,QYHVWLJDWLRQ 0DS Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৳৴ Legend UGB TOB 100ft Setback WRG Boundary City Limits Bikeways AG C-1 C-2 C-3 E-1 E-2 GO I-2 I-3 NR PL PRO R-1 R-1.5 R-2 R-3 R-4 S-H SAZ Willamette River Greenway Base Map ¯015030075Ft W1 Hatton Test Site: DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 0DS  )LHOG ,QYHVWLJDWLRQ 0DS Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৳৵ Legend UGB TOB 100ft Setback WRG Boundary City Limits Bikeways AG C-1 C-2 C-3 E-1 E-2 GO I-2 I-3 NR PL PRO R-1 R-1.5 R-2 R-3 R-4 S-H SAZ Willamette River Greenway Base Map ¯015030075Ft W2 Briarcliff Test Site: DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 0DS  )LHOG ,QYHVWLJDWLRQ 0DS Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৳৶ Legend UGB TOB 100ft Setback WRG Boundary City Limits Bikeways AG C-1 C-2 C-3 E-1 E-2 GO I-2 I-3 NR PL PRO R-1 R-1.5 R-2 R-3 R-4 S-H SAZ Willamette River Greenway Base Map ¯015030075Ft W3 Millrace Test Site: DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 0DS  )LHOG ,QYHVWLJDWLRQ 0DS Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৳৷ Legend UGB TOB 100ft Setback WRG Boundary City Limits Bikeways AG C-1 C-2 C-3 E-1 E-2 GO I-2 I-3 NR PL PRO R-1 R-1.5 R-2 R-3 R-4 S-H SAZ Willamette River Greenway Base Map ¯015030075Ft E1 Riverplace Test Site: DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 0DS  )LHOG ,QYHVWLJDWLRQ 0DS Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৳৸ Legend UGB TOB 100ft Setback WRG Boundary City Limits Bikeways AG C-1 C-2 C-3 E-1 E-2 GO I-2 I-3 NR PL PRO R-1 R-1.5 R-2 R-3 R-4 S-H SAZ Willamette River Greenway Base Map ¯015030075Ft E2 VRC Test Site: DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 0DS  )LHOG ,QYHVWLJDWLRQ 0DS Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৴৯ Legend UGB TOB 100ft Setback WRG Boundary City Limits Bikeways AG C-1 C-2 C-3 E-1 E-2 GO I-2 I-3 NR PL PRO R-1 R-1.5 R-2 R-3 R-4 S-H SAZ Willamette River Greenway Base Map ¯015030075Ft E3 Frohnmeyer Test Site: DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 0DS  )LHOG ,QYHVWLJDWLRQ 0DS Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৴ৰ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN UNIVERSITYEUUEU SPENCER BUTTE PARK SOUTH EUGENE MEADOWS 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$33(1',; % ৱ৯ৰ৷ 3$5.6 6<67(0 3/$1 (;,67,1* 6<67(0 0$3 Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৴ৱ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Willamette Riverfront Access Study DRAFT Final Report ES3 Figure ES-1. System-wide Concept Plan $33(1',; & ৱ৯ৰ৷ :,//$0(77( 5,9(5)5217 $&&(66 678'< 6<67(0 0$3 Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৴৲ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN RSC-1 BD-5 WKZ-7 BD-7A BD-9E WKZ-6 AMA-9 WKZ-7 WR-3 BD-6A BD-4 WR-3 RSC-30A RSC-5 BD-2 WKZ-4 WR-3 BD-22 WKZ-7 RSC-12 BD-9D AMA-6A BD-7B BD-8C BD-3A AMA-11A WR-4 RSC-2A RSC-29 WKZ-5A WKZ-9 AMA-7A WKZ-5D BD-9E RSC-10B WKZ-9 WKZ-9 RSC-28B BD-13 BD-9A WR-1 WKZ-14B3 WKZ-13 WR-2 AMA-11B BD-16 RSC-21 BD-20 WKZ-1B WKZ-5E RSC-28C AMA-6B WKZ-5C RSC-18 RSC-38 BD-7C BD-6B WC-1 RSC-20 WKZ-9 BD-7C RSC-23F BD-7B AMA-7F BD-7C RSC-35 RSC-36 WKZ-5B WKZ-1A RSC-40 RSC-2B AMA-7B BD-9E BD-7A RSC-2B RSC-2A RSC-38 WR-4 AMA-13 AMA-10 RSC-32BD-8B RSC-6 RSC-22 BD-17 RSC-34 AMA-6C WR-5A WKZ-3 BD-10A WKZ-14C RSC-33A-B RSC-38 RSC-25 BD-9C RSC-33A-B AMA-4 BD-21 WR-4 WKZ-14B1 AMA-16 RSC-16 AMA-14 RSC-2A RSC-8 BD-15 BD-9E RSC-26B WKZ-6 BD-9B BD-8D BD-11 RSC-9 RSC-30B RSC-2A AMA-4 RSC-28A RSC-27 BD-3C RSC-39 BD-8A AMA-3 RSC-18 RSC-23G WKZ-2 WKZ-10 RSC-36 BD-3B RSC-38 RSC-15 AMA-12A WKZ-14A AMA-12B RSC-37A WKZ-14B2 RSC-25 RSC-23E BD-10B RSC-23A RSC-38 WKZ-14D RSC-38 RSC-37B-C RSC-17 AMA-7C AMA-7E BD-9B RSC-23C AMA-7D RSC-37B-C WKZ-7 RSC-32 WR-5B RSC-37D AMA-6F RSC-23H AMA-5A RSC-23B RSC-8 RSC-23D WR-3 AMA-5B RSC-26A AMA-6DAMA-6E AMA-5C WKZ-8 RSC-10A E37 K E37 L E37 H E38 C E38 D E37 J-5 E37 S E37 L E35 F E38 E E37 M-1 E35 E E35 B-3 E37 E-2 E35 A E38 F E37 D E37 I E37 J-5 E37 P E35 C E37 K E37 J-1 E37 Q-1 E38 A E35 D E37 O E37 A E37 B-2 E37 J-2 E37 C-1 E35 E E37 Q-3 E35 B1-B2 E37 Q-2 E38 A E38 B E35 B-4 E37 G E35 B1-B2 E37 N E37 E-1 E37 M-3 E37 Q-5 E37 F E37 C-2 E38 G E37 Q-6 E38 B E35 G E37 E-3 E35 A E37 A E37 M-2 E37 T E37 J-4 E35 H E38 H E35 I E37 R E37 B-1 WA E42 A-4 E42 A-3 E68 E66 E48 B-4 E42 B E40 E30 A E75 A-1 E30 D E30 H E62 A E40 E30 E E81 E62 B E42 A-5 E61 D E60 B E42 C-3 E42 A-2 E57 D E50 B E58 D E60 A E61 C-1 E86 D E58 B E42 C-2 E42 A-1 E30 B E83 E65 E50 A E45 D E69 C E88 E61 B E78 H E50 B E59 B E57 C E57 B E59 A E69 A E75 B-2 E87 B E48 A2 E76 B-2 E75 B-1 E30 G E59 C E45 A E72 A E58 D E59 C E60 A E73 A E58 A E75 A-2 E48 B-5 E72 B E76 B-3 E57 C E72 B E69 B E61 E E88 E60 C E72 C E50 C E42 C-1 E70 E87 B E69 B E86 G E30 F E75 B-3 E64 E78 G E86 C E61 C-2 E61 F E48 B-2 E42 C-4 E60 A E48 B-1 E57 B E59 D E60 A E75 B-5 E72 B E86 A-B E59 D E76 A-2 E61 A E59 E E73 B E64 E48 B-3 E45 C E59 D E78 I E69 B E72 B E56 B E56 A-2 E78 A E78 B E87 C E73 B E45 D E87 A E78 E E45 B E86 H E72 B E76 B-1 E78 D E69 C E48 A1 E86 A-B E76 A-1 E86 E E57 A E45 D E72 B E45 D E58 C1-C2 E60 C E39 E58 C-3 E86 F E56 A-1 E78 F E75 B-4 I-511TH 18THRIVER COBURG30TH 6TH LORANEDGREEN HILL 13TH 8TH I-105 1ST N POLKHILYARDALDERBEACON BARGER M BELTLINEIRVING ROOSEVELT ROYAL 7TH CREST GIMPL H I L L HARLOW CHAMBERSDILLARD28THBERTELSENBE T H E L WILLAMETTE2NDPRAIRIEAIRPORT AWBREY CLEAR L A K E 4TH AGATECHAD DONALD15TH 31ST A ELMIRA CRESCENT ONYXFRANK L I N PARK BLANTON ISENECA 40TH ELKAY LINCOLNTYLERHORN 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COLUMBIA24TH FRIENDLYLAWRENCE11TH HIGHPRIVATE 25TH HOLEMAN 20TH 15TH AUSTIN 3RD 22ND BIKE P A T H 19TH PRIVATE PRIVATE4TH 15TH 34TH DAY I S L A N D CHARNELTONSUM MITOLIVEOLIVET A Y L O R 18TH BIKE PATHONYXTYLERAVALON 15TH 7TH 25TH 27TH B A R B E R DOVE CENTENNIAL LAWRENCECHAMBERS35TH AVALON 14THHEMLOCKHAYES 11TH UNIVERSITYJACKSONFILLMORE18TH WILLAMETTEHENDERSONBAILEYBEAVER HILYARDBELL MCMILLANWALNUT OLYMPIC CRES T 6TH THOMAS WASHINGTONALMADENADAMSFOREST OLYMPIC PRI V A T EMCKINLEY2ND MILLWILLAMETTEFERRY26TH POTTERBROADWAY OAK26TH 16TH 38TH 7TH 8TH 27TH PRIVATE JESSEN MADISONALDERBALBOAFIR OAK24TH LINCOLN 27TH PATTERSONPEARL 12TH 13TH 12TH ELM 29TH 1ST POTTERHAYES22ND DOUGLAS AMAZONANCHOR CROW GARFIELDANCHOR MCMILLAN15TH 13TH MADISON14TH GA R D E N 15TH 27TH FERRY36TH KNOOP 26TH CONCORD EMERALDDONTYLERDOVE PORTLANDPOTTERLAWRENCE39THOLIVE 20THIOWA HIGHTYLERAVALON 19THMILL5TH 14TH 4TH FLAMINGO WALNUTHUGHES22NDPRAIRIE 29THOLIVEPOLK19THTABOR PRIVATE 18THWILSONBYRON 29TH FAIRWAY UNIVERSITY26TH BAILEY 34TH SENECAVILLARDPOTTERI-5LINCOLNLINCOLNMCMILLANMILL19TH 12TH FERRY8TH BEECHWI L S O N 34TH CONCORDKIMBERLY JESSEN 16TH DIAMONDCHESHIRE 7TH DELTA BAXTERFRANK25 T H 22NDKENMORECHERRY OAK PRIVATEBANNERASHLEY AGATEASHLEY FERRY15TH HAMILTON 40TH PARKBEDFORD PEARLDAVIS16TH 37THPATTERSON16TH 18TH BROADWAY ALDERMARSHALL SPRINGKILDARE 15TH 20THGRANT ELANCO44TH 28TH PEARLWASHINGTONVAN BURENPARNELLOAK M O N T WASHINGTON24TH 2ND ARBOR20TH GROVE 3RD 23RD MILLCLEVELANDPRIVATE26TH EMERALDDIXON 21ST 17TH 20TH 25TH 25TH 24TH 16THLINCOLN 29TH 32ND LOCHAVEN CLARK S U N S E T 36TH 23RDLAWRENCEHAWTHORNE 25THMAYWOODCLEVELAND5TH BAILEY 25TH 14TH HIGH4TH 22ND 2ND MAYNARD CROSS ALDEROLIVEFOCH17TH MILL38TH PRIVATEBARTON23RD AGATE25TH 24THALMADEN VILLARDWILLAMETTEALDERWOODPRIVATE OAK22ND 11TH 3 6 T H CHESHIREFIGUEROA 38TH 16TH 2ND 21ST 13TH ADAMSCROSS HERMAN10TH ADAMSPRIVATE CHARNELTON32ND GATEWAYOAKVAN BURENPIERCEOAKVAN BURENDONALDMONROEGRAHAM 5TH 12THCROCKERBROADWAY 39TH HATTON OAK30TH 13TH FULLER LAWRENCEORCHARDAMAZON 26TH 25TH ARGON TAFTPEARLTANEY1ST MONROE 7TH 25TH 35THOAKTAYLOR22ND 39TH BELL 21ST 5TH 38TH 26TH AVALON 13THMCKINLEY 27TH FERRYFILLMOREHOWARD 8TH 16TH LONE OAKUNIVERSITY16TH MADISON11TH 6TH LINCOLNHARRISPRIV ATE 21ST LINCOLNOLIVEMOSS6THPARK HIGHSANTA ROSASCENIC18TH GAME F A R M HILYARDMAPLEPRIVATE 40TH WILLHI 50THVAN BURENAMAZONGRANTPOLKGAR D E NALDERDANEBO5THWILLAMETTE 36THHIGH PRIVATE 39THNORTHROPCOUNTRY C L U B PRIVATE14TH 22ND 24TH 16TH 27TH PRIVATE ADAMSMADISONMCMILLAN36TH 8TH MONROELOUIS12THHAPPYADAMS MILLDANEBOLAWRENCE11THTERRYJESSEN 23RD 33RD 19TH WALNUTSHASTAQUIN A L T 27TH VAN DUYNTHRONEOLIVEPRI V A T EDOLALEIGHCHESHIRECHASE20TH 17TH 10TH 20THCHARNELTON 23RDCHASE 37TH 18THJEFFERSON3RD KINCAID19THBAXTER BROADWAY 37TH 21ST 16TH 2ND 11TH WASHINGTONJACKSONTAYLORKINCAIDHAPPY40TH MCDOUGAL OLIVEONYXRIO G L E N FIRWOOD 28THALDEROAKCROSS17TH 25THPHILIP 6TH ROYAL 19TH 17THGARFIELDBELL AVALON 17TH CLARK ONYXA LM A DEN N 0 0.3 0.6 0.9 1.20.15 Miles Adopted* Protection Designations for the Eugene Goal 5 Wetland, Riparian and Upland Wildlife Habitat Inventories November 14, 2005 Eugene Planning Division *The protection measures for parcels within Eugene city limits wemt into effect on January 1, 2006. The protection measures outside Eugene city limits and inside the urban growth boundary went into effect on January 12, 2007. Legend Eugene Urban Growth Boundary Eugene City Limits West Eugene Wetlands Boundary Tax Lots Non-Goal 5 streams Riparian and Upland Wildlife Habitat Sites Designated for protection, 100' setback (Category A) Designated for protection, 60' setback (Category B) Designated for protection, 40' setback (Category C) Designated for protection, 20' setback (Category D) Designated for protection, no setback (Category E) Not designated for protection Wetland Sites Designated for protection, 50' setback (Category A) Designated for protection, 25' setback (Category B) Designated for protection, no setback (Category C) Not designated for protection $33(1',; ' *2$/ ৴ 0$3 Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৴৳ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN &LW\RI(XJHQH3ODQQLQJDQG'HYHORSPHQW/DQG8VH$SSOLFDWLRQ6HDUFK5HVXOWV KWWSVSGGHXJHQHRUJRY/DQG8VH6HDUFK%\&RPELQDWLRQ  WG-00-0001 MCMENAMINS Young, Kevin Cal Young NeighborhoodAssoc UNK Documents WG-00-0002 COE PUBLIC WORKS: EAST BANK TRAIL III Jacobson, Jerry Cal Young NeighborhoodAssoc UNK Documents WG-01-0001 U OF O AUTZEN EXPANSION Nystrom, Steve Harlow Neighbors E4 Documents WG-01-0002 EAST BANK TRAIL, PHASE 3 Jacobson, Jerry UnKnown UNK Documents WG-01-0003 COE PUBLIC WORKS: ALTON BAKER PARK Hansen, Alissa Harlow Neighbors UNK Documents WG-02-0001 LITHIA NISSAN Adams, Shawna Harlow Neighbors E4 Documents WG-02-0002 COE PARKS & OPEN SPACE: SKINNERBUTTE PARK Hansen, Alissa Whiteaker CommunityCouncil E7 Documents WG-03-0001 DELTA PONDS RESTORATION & PARK Hansen, Alissa Cal Young NeighborhoodAssoc E5 Documents WG-07-0001 MWMC Adams, Shawna UnKnown E7 Documents WG-07-0002 WILLAMETTE FAMILY SERVICES Ochs, Steve UnKnown E7 WG-07-0003 10 COBURG ROAD, LLC Adams, Shawna Cal Young NeighborhoodAssoc UNK Documents WG-08-0001 BAUDICHON, PHILIP & DEBRA Former, Staff River Road Community Org UNK Documents WG-08-0002 U OF O - PK PARK Almquist, Bill Harlow Neighbors E4 Documents WG-08-0003 U OF O - PK PARK - PHASE 2 Almquist, Bill Harlow Neighbors E4 Documents WG-08-0004 I-5 WILLAMETTE RIVER BRIDGE O'Donnell, Heather Harlow Neighbors E4 Documents WG-09-0001 I-5 WILLAMETTE RIVERBRIDGE - PHASE II O'Donnell, Heather Harlow Neighbors E4 Documents WG-10-0001 U OF O 2010 PARKING PLAN Ochs, Steve Not Known E3 Documents WG-10-0002 WEST BANK TRAIL EXTENSION PROJECT Almquist, Bill Santa Clara Community Org E5 Documents WG-10-0003 GOODPASTURE ISLAND PUD Ochs, Steve Cal Young NeighborhoodAssoc UNK Documents WG-10-0004 U OF O SOCCER/LACROSSE COMPLEX Almquist, Bill Harlow Neighbors E4 Documents WG-10-0005 U OF O CASANOVA CENTER EXTENSION Almquist, Bill Harlow Neighbors E4 Documents WG-11-0001 EWEB - RANDY PAPE BELTLINE HIGHWAYBRIDGE Taylor, Becky Santa Clara Community Org E5 Documents WG-11-0002 NORTH BANK TRAIL Taylor, Becky Harlow Neighbors E4 Documents WG-12-0001 MERRY LANE PATH Taylor, Becky River Road Community Org E7 Documents WG-12-0002 RASOR PARK PATH Taylor, Becky River Road Community Org E7 Documents WG-12-0003 EWEB WATERLINE Taylor, Becky Northeast Neighbors E5 Documents WG-12-0004 EWEB DOWNTOWN RIVERFRONT Flock, Gabe UnKnown UNK Documents WG-13-0001 OAKLEIGH COHOUSING Flock, Gabe River Road Community Org E7 Documents WG-16-0001 EUGENE TOWNEPLACE SUITES Bohner, Rodney Goodpasture IslandNeighbors E5 Documents WG-16-0002 MARKET DISTRICT TOWNHOMES Berg-Johansen,Erik Downtown NeighborhoodAssoc.UNK Documents WG-17-0001 LEGACY PLANNERS PROPERTIES, LLC Berg-Johansen,Erik Cal Young NeighborhoodAssoc E4 Documents WG-17-0002 LOMBARD APARTMENTS Sullivan, Althea River Road Community Org E7 Documents WG-18-0001 U OF O KNIGHT CAMPUS Dragovich,Jenessa Not Known E3 Documents WG-18-0002 UO NORTH CAMPUS Gioello, Nick Not Known E3 Documents WG-18-0003 LOMBARD APARTMENTS Bohner, Rodney River Road Community Org E7 Documents WG-19-0001 CAMPBELL SENIOR CENTER Gioello, Nick Downtown NeighborhoodAssoc.E7 Documents WG-19-0002 4J EDUCATION CENTER Bohner, Rodney Whiteaker CommunityCouncil E7 Documents WG-19-0003 DOWNTOWN RIVERFRONT Flock, Gabe Downtown NeighborhoodAssoc.E3 Documents WG-19-0004 BIRD HAVEN SUBDIVISION Gepper, Jeff River Road Community Org E7 Documents WG-19-0005 ALTON BAKER MULTI-FAMILY Gepper, Jeff Harlow Neighbors E4 Documents WG-19-0006 GARDEN AVENUE APARTMENTS Halverson, Dan Fairmount Neighbors E3 Documents WG-19-0007 FERRELL, WAYNE AND BEVERLY Gepper, Jeff River Road Community Org E7 Documents WG-20-0001 DELTA RIDGE COTTAGES Bohner, Rodney Northeast Neighbors E5 Documents WG-21-0001 RIVER ROAD APARTMENTS Bohner, Rodney River Road Community Org E7 Documents WG-74-0001 FOX GLEN Former, Staff Whiteaker CommunityCouncil E7 WG-76-0001 EMERALD DELTA Former, Staff Cal Young NeighborhoodAssoc UNK WG-76-0002 ZELNER COMMERCIAL PUD Former, Staff Cal Young NeighborhoodAssoc UNK WG-76-0003 RIVERBEND PUD Former, Staff Cal Young NeighborhoodAssoc UNK WG-77-0001 VALLEY RIVER INN (SHEILDS, W H) Former, Staff Cal Young NeighborhoodAssoc E5 WG-77-0002 REFECTORY Former, Staff Harlow Neighbors UNK WG-77-0003 CITY OF EUGENE Former, Staff Not Known UNK WG-77-0004 MAINWARING, SAM Former, Staff Fairmount Neighbors E3 WG-77-0005 HANSON, RICHARD Former, Staff Cal Young NeighborhoodAssoc E5 WG-77-0006 EMERALD DELTA Former, Staff Cal Young NeighborhoodAssoc UNK File Number Application Name Planner Neighborhood Ward Documents $33(1',; ( :* 3(50,7 +,6725< Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৴৴ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN &LW\RI(XJHQH3ODQQLQJDQG'HYHORSPHQW/DQG8VH$SSOLFDWLRQ6HDUFK5HVXOWV KWWSVSGGHXJHQHRUJRY/DQG8VH6HDUFK%\&RPELQDWLRQ  WG-77-0007 RIVERGATE/NORTHBANK (ZELLNER) Former, Staff Cal Young NeighborhoodAssoc UNK WG-77-0008 FRED MEYER Former, Staff Not Known UNK WG-78-0001 EWEB Former, Staff Not Known UNK WG-78-0002 KEED RADIO Former, Staff Not Known UNK WG-78-0003 LANE COUNTY Former, Staff Harlow Neighbors UNK WG-78-0004 BROWN, GRADY/HAMMER, DAVID Former, Staff Not Known UNK WG-78-0005 LANE COUNTY/PRICE, G Former, Staff Not Known UNK WG-78-0006 HOFFMAN, PETE Former, Staff Whiteaker CommunityCouncil E7 WG-78-0007 CITY OF EUGENE Former, Staff Not Known UNK WG-78-0008 EUGENE ATHLETIC CLUB Former, Staff Not Known UNK WG-78-0009 GOODPASTURE ISLAND NAZARENE Former, Staff Not Known UNK WG-78-0010 EDGEWATER Former, Staff Not Known UNK WG-79-0001 VALLEY RIVER TOWERS Jacobson, Jerry Not Known UNK WG-79-0002 METROPOLITAN WASTEWATER MGMTCOMMISSION Former, Staff Cal Young NeighborhoodAssoc UNK WG-79-0003 CITY OF EUGENE PARKS DEPT Jacobson, Jerry Not Known S3 WG-79-0004 GOODPASTURE ISLAND Former, Staff Cal Young NeighborhoodAssoc UNK WG-79-0005 DENNY'S RESTUARANT Former, Staff Cal Young NeighborhoodAssoc UNK WG-80-0001 GOODPASTURE ISLAND PHASE P Former, Staff Cal Young NeighborhoodAssoc UNK WG-80-0002 CITY OF EUGENE: KNICKERBOCHER BRIDGE Former, Staff Fairmount Neighbors E3 WG-80-0003 RIVER'S EDGE Former, Staff Whiteaker CommunityCouncil E7 WG-80-0004 UNIVERSITY OF OREGON PLAYING FIELDS McKerrow, Mike Not Known E3 WG-80-0005 PACIFIC NORTHWEST BELL COMPANY Former, Staff Cal Young NeighborhoodAssoc E5 WG-80-0006 METRO WASTEWATER: EAST BANKCONNECTOR Former, Staff UnKnown UNK WG-80-0007 NORTHBANK INVESTORS Former, Staff Cal Young NeighborhoodAssoc UNK WG-80-0008 ADDITION TO RIVER'S EDGE PUD Former, Staff Whiteaker CommunityCouncil E7 WG-80-0009 GOODPASTURE IS NAZARENE CHURCHPARCEL Former, Staff Cal Young NeighborhoodAssoc UNK WG-81-0001 U OF O CANOE HOUSE McKerrow, Mike Not Known E3 WG-81-0002 HAWK TOWERS/CONDOMINIUM Former, Staff Not Known UNK WG-82-0001 UNIVERSITY OF OREGON: GREENHOUSE Former, Staff Not Known E3 WG-82-0002 LANE COUNTY: OWOSSO BRIDGE Former, Staff River Road Community Org UNK WG-82-0003 METROPOLITAN WASTEWATERMANAGEMENT Croteau, Jim Not Known UNK WG-83-0001 EUGENE WATER AND ELECTRIC Croteau, Jim Out E3 WG-84-0001 HOUSING AUTHORITY AND COMMUNITYSERVICES Former, Staff Harlow Neighbors UNK WG-84-0002 VALLEY RIVER INN Former, Staff Cal Young NeighborhoodAssoc E5 WG-84-0003 LANE COUNTY: FOOTBRIDGE ALTON BAKERPARK Former, Staff Harlow Neighbors E4 WG-84-0004 GOODPASTURE ISLAND PUD Jacobson, Jerry Cal Young NeighborhoodAssoc UNK WG-84-0005 EUGENE WATER AND ELECTRIC Croteau, Jim Not Known UNK WG-84-0006 CITY OF EUGENE: MICRO-WAVE TOWER Jacobson, Jerry River Road Community Org E7 WG-84-0007 CITY OF EUGENE: OWEN ROSE GARDEN Former, Staff Whiteaker CommunityCouncil E7 WG-85-0001 LES SCHWAB TIRE CENTERS Jacobson, Jerry Harlow Neighbors UNK WG-85-0002 VALLEY RIVER CENTER Jacobson, Jerry Cal Young NeighborhoodAssoc E5 WG-85-0003 CITY OF EUGENE: PUBLIC WORKSDEPARTMENT Jacobson, Jerry Whiteaker CommunityCouncil UNK WG-85-0004 RIVERPARK HEALTH: REDFORD NURSINGHOME Former, Staff Cal Young NeighborhoodAssoc UNK WG-86-0001 WILLAMETTE OAKS RETIREMENT CENTER Hahn, Jean Cal Young NeighborhoodAssoc UNK WG-86-0002 UNIVERSITY OF OREGON Bishow, Teresa Not Known E3 WG-86-0003 HONDA ACURA DEALERSHIP Former, Staff Harlow Neighbors UNK WG-86-0004 UNIVERSITY OF OREGON: SILVA ORCHARD Hahn, Jean Fairmount Neighbors E3 WG-86-0005 EUGENE WATER AND ELECTRIC BOARD Croteau, Jim Not Known E3 WG-86-0006 JARRETT, JOHN, M D Hahn, Jean West University Neighbors E3 WG-87-0001 UNIVERSITY OF OREGON: ATHLETIC DEPT Hahn, Jean Harlow Neighbors E4 WG-87-0002 HOUSING AUTHORITY Former, Staff Harlow Neighbors UNK WG-87-0003 OLDHAM, JAY F Former, Staff Downtown NeighborhoodAssoc.UNK WG-88-0001 CITY OF EUGENE: PUBLIC PLAZA Croteau, Jim Not Known E3 Documents File Number Application Name Planner Neighborhood Ward Documents Attachment 1.A WILLAMETTE RIVER GREENWAY CODE AMENDMENTS | CITY OF EUGENE ৴৵ DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN &LW\RI(XJHQH3ODQQLQJDQG'HYHORSPHQW/DQG8VH$SSOLFDWLRQ6HDUFK5HVXOWV KWWSVSGGHXJHQHRUJRY/DQG8VH6HDUFK%\&RPELQDWLRQ  WG-88-0002 VALLEY RIVER CENTER: AUTOMOTIVECENTER Jacobson, Jerry Cal Young NeighborhoodAssoc UNK Documents WG-88-0003 BOULDERS ON THE RIVER Hahn, Jean Cal Young NeighborhoodAssoc UNK WG-89-0001 CITY OF EUGENE: PARCS DEPARTMENT Former, Staff Harlow Neighbors E4 WG-89-0002 WALKER, LLOYD J Former, Staff River Road Community Org UNK WG-89-0003 KOWLOON RESTAURANT Hahn, Jean Harlow Neighbors UNK WG-89-0004 MARSHALL, WARREN AND VIRGINIA Hahn, Jean River Road Community Org UNK WG-89-0005 VALLEY RIVER INN Jacobson, Jerry Cal Young NeighborhoodAssoc E5 Documents WG-89-0006 CITY OF EUGENE: MAURIE JACOBS PARK Jacobson, Jerry Whiteaker CommunityCouncil E7 Documents WG-89-0007 UNIVERSITY OF OREGON: SILVA ORCHARD Hahn, Jean Fairmount Neighbors E3 WG-90-0001 STAFF JENNINGS Jacobson, Jerry Harlow Neighbors UNK WG-90-0002 CITY OF EUGENE: PARCS DEPARTMENT Hahn, Jean Harlow Neighbors E4 WG-90-0003 MARKS, JACK Former, Staff Cal Young NeighborhoodAssoc UNK WG-90-0004 UNIVERSITY OF OREGON: SCHOOL OFARCHIT Jacobson, Jerry Fairmount Neighbors E3 WG-90-0005 CITY OF EUGENE: PARCS DEPARTMENT Jacobson, Jerry River Road Community Org UNK Documents WG-91-0001 LANE COUNTY: ALTON BAKER PARK Jacobson, Jerry Harlow Neighbors E4 WG-91-0002 CITY OF EUGENE: PARCS DEPARTMENT Jacobson, Jerry Harlow Neighbors UNK WG-91-0003 WILLAMETTE GRAYSTONE Former, Staff Downtown NeighborhoodAssoc.UNK WG-92-0001 LANE COUNTY PUBLIC WORKS Hahn, Jean Harlow Neighbors E4 WG-92-0002 ROTH, STEPHEN Former, Staff Downtown NeighborhoodAssoc.UNK WG-92-0003 SEAVER MOBILE HOME PARK Former, Staff Downtown NeighborhoodAssoc.UNK WG-93-0001 SEAVER'S MANUFACTURED DWELLING PARK Former, Staff Downtown NeighborhoodAssoc.UNK WG-94-0001 CITY OF EUGENE/COCHRAN KJESSLER CO. Former, Staff Downtown NeighborhoodAssoc.UNK WG-94-0002 Former, Staff River Road Community Org UNK WG-94-0003 NORTHWEST PIPELINE CORP Former, Staff Harlow Neighbors E4 WG-95-0001 CHILD CARE INC Former, Staff River Road Community Org E7 WG-95-0002 SCOTT, BETH Former, Staff River Road Community Org UNK WG-95-0003 CITY OF EUGENE: INDOOR SOCCERFACILITY Former, Staff River Road Community Org UNK Documents WG-96-0001 COE: PUBLIC WORKS ENGINEERING Former, Staff Not Known UNK WG-96-0002 CHILD CARE, INC. Former, Staff Whiteaker CommunityCouncil E7 WG-96-0003 DABNEY, KARL & MELODYE Flock, Gabe River Road Community Org E7 Documents WG-96-0004 UNIVERSITY OF OREGON ATHLETIC DEPT Former, Staff Harlow Neighbors E4 Documents WG-96-0005 CITY OF EUGENE: PUBLIC WORKS Kullby, Kent Cal Young NeighborhoodAssoc UNK Documents WG-97-0001 HOMEWOOD SUITES Former, Staff Cal Young NeighborhoodAssoc UNK Documents WG-98-0001 COE PUBLIC WORKS, EAST BANK TRAIL Jacobson, Jerry Not Known E5 Documents WG-99-0001 CITY OF EUGENE: PUBLIC WORKS Nystrom, Steve Whiteaker CommunityCouncil E7 File Number Application Name Planner Neighborhood Ward Documents Attachment 1.A Rive r Rd DivisionAve R i ve rAve Garfield StRiverRdCity View StChambers St DeltaPondsPark Coburg Rd Division Ave Cal Y o u n g R dGoodpastureIslandRdNDelta Hwy RandyPape B e l tline Gilham Rd Crescent A v e Oakway RdAyres Rd Alton BakerPark SkinnerButte W11thAve Patterson StPearl St B l a i r B l v d E19thAveWashingtonStW13thAveOak St Franklin B l v d 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Cha d rrrDDDDDDDrDrDr CCCCCCCCCC rererererere sss k0.5 Miles Caution: This map is not suitable for legal, engineering, or surveying purposes. This map in no way attempts to predict, determine, or require what happens on individual lots. Data sources: City of Eugene, Lane County, RLID, DOGAMI. Map Created February 2023 by City of Eugene Planning Division Eugene Urban Growth Boundary Willamette Greenway Public Access Points  Attachment 1.B