for this type of application. <br /> <br />Staff expects that the applicant may provide additional clarification or argument on the <br />applicability of the needed housing statute and its relationship to the proposal for needed housing <br />within the Willamette River Greenway, but the applicant has not sufficiently articulated their <br />reasoning in a manner that would allow staff to address it further in the following evaluation. <br /> <br />Evaluation of for Compliance with the Eugene Code <br />In accordance with EC 9.7330, the Hearings Official is required to approve, approve with <br />conditions, or deny a Type III land use application. The decision must be based on, and be <br />accompanied by, findings that explain the criteria and standards considered relevant to the <br />decision. It must also state the facts relied upon in rendering the decision, and explain the <br />justification for the decision based upon the criteria, standards, and facts set forth. <br /> <br />To assist the Hearings Official in rendering a decision on the application, staff presents the <br />approval criteria (shown below in bold typeface), with preliminary findings related to each, based <br />on the evidence available as of the date of this staff report. Staff also provides a recommendation <br />to the Hearings Official following the staff evaluation, below. <br /> <br />Section 1: Willamette Greenway Permit Evaluation <br /> <br />EC 9.8815(1): To the greatest degree possible, the intensification, change of use, or <br />development will provide the maximum possible landscaped area, open space, or <br />vegetation between the activity and the river. <br /> <br />The applicant asserts that this criterion is subordinate to ORS 197.303 and states that the written <br />response is provided for informational purposes. The applicant states that there is a 200 foot <br />public greenbelt (Maurie Jacobs Park) along the river providing a vegetation buffer between the <br />proposed development and the river. site plan, sheet L2.1 <br />indicates that, with the exception of the removal of two beaked hazelnut trees, no development <br />activities will occur within the 100-foot setback. <br /> <br />T but clearly the <br />applicant chose to locate the development at least 100 feet from the river, and to retain that open <br />space area along the bike path and river <br />available information showing the ample distance and existing riparian vegetation between the <br />development and the river is sufficient to demonstrate compliance with this criterion. <br /> <br />EC 9.8815(2): To the greatest possible degree, necessary and adequate public access will <br />be provided along the river by appropriate legal means. <br /> <br />Again, the applicant asserts that this criterion is subordinate to ORS 197.303 and states that the <br />written response is provided for informational purposes. The applicant further states that there is <br />a public bike path on the west side of the greenbelt between the river and this site that provides <br />adequate public access to the river. The applicant also states that the extension of Lombard Drive <br /> <br />Lombard Apartments (WG 18-3/SR 18-3/ARA 18-8) June 2018 4 <br /> <br />