Attachment B <br />Attachment A. The existing vegetation closest to the river will be maintained as an open prairie <br />with native grasses in common open space. <br />Opponent Arguments <br />The neighbors argue that the lack of landscaping along the eastern boundary violates this <br />provision. PT-2. <br />Hearings Official Conclusions <br />The term "fringe" must be given some meaning in applying this provision. The neighbors <br />interpret fringe to mean the entire greenway area. As Staff notes in the findings for EC <br />9.8815(1), the subject property is over 50 feet from the regulated resource area. That places <br />the subject property well beyond the "fringe" of the Willamette River. Staff's conclusions are <br />correct. <br />(d) Preservation of scenic qualities and viewpoints as identified in the <br />Metropolitan Plan Natural Assets and Constraints Working Paper. <br />The subject property is not identified has having scenic qualities or viewpoints on the <br />Metropolitan Plan Natural Assets and Constraints Working Paper. <br />(e) Maintenance of public safety and protection of public and private property, <br />especially from vandalism and trespass in both rural and urban areas to the <br />maximum extent practicable. <br />Staff found, and the Hearings Official agrees, that the applicant indicates that there is an <br />existing dirt path along the north property line, between Oakleigh Lane and the City parkland. <br />This indicates potential public trespass on private property. The applicant proposes to keep this <br />path open, but does not explicitly show any dedications to the public to enable continued <br />access. Right-of-way dedication is being required over this area, to enable continued public <br />access, pursuant to the concurrent PUD approval criterion EC 9. 8320(5), the findings and <br />conditions of which are incorporated here by reference. Overall, development of the subject <br />property with dwelling units would increase public safety by providing more eyes on the City <br />parkland. <br />(f) Compatibility of aggregate extraction with the purposes of the Willamette <br />River Greenway and when economically feasible, applicable sections of state <br />law pertaining to Reclamation of Mining Lands (ORS Chapter 517) and Removal <br />of Material; Filling (ORS Chapter 541) designed to minimize adverse effects to <br />water quality, fish and wildlife, vegetation, bank stabilization, stream flow, <br />visual quality, noise, safety, and to guarantee necessary reclamation. <br />This standard does not apply because the proposal does not include aggregate extraction. <br />Hearings Official Decision (PDT 13-1, WG 13-1) 61 <br />