Applicant's Final Written Argument <br />Lombard Apartments <br />July 23, 2018 <br />Page 4of12 <br />the plan and code would not allow any residential uses in the Greenway. But residential uses <br />are allowed. <br />But regardless, Policy D.5 itself is not clear and objective - it is the classic subjective <br />standard - "compatible with..." <br />In summary, Metro Plan Greenway policies are not directly applicable to this proposed <br />use and cannot be applied regardless because they violate ORS 197.307(4). <br />EC 9.8815(4): In areas subject to the Willakenzie Area Plan, the intensification, change <br />of use, or development will conform with that plan's use management considerations. <br />Not applicable. This subject property is not within the VillakenZie Area Plan boundaries. <br />EC 9.8815(5): In areas not covered by subsection (4) of this section, the intensification, <br />change of use, or development shall conform with the following applicable standards: <br />(a) Establishment of adequate setback lines to keep structures separated from the <br />Willamette River to protect, maintain, preserve, and enhance the natural, scenic, <br />historic, and recreational qualities of the Willamette Greenway. Setback lines need not <br />apply to water related or water dependent activities as defined in the Oregon Statewide <br />Planning Goals and Guidelines (OAR 660-15-000 et seq.). <br />The qualifying term "adequate" in this standard makes it not applicable under ORS <br />197.307(4) as it is a subjective, value-laden standard. <br />The City could have legislatively, in conjunction with adopting a Greenway program, <br />established setbacks that are appropriate for the length of the Greenway. If the City had done <br />that, it would now have a clear and objective standard to apply. <br />Furthermore, no development on this site will be adjacent to the river. All <br />development will be adjacent to the city park located between the subject property at the river. <br />(b) Protection of significant fish and wildlife habitats as identified in the Metropolitan <br />Plan Natural Assets and Constraints Working Paper. Sites subsequently determined <br />to be significant by the Oregon Department of Fish and Wildlife shall also be <br />protected. <br />The term "protection" requires a working definition that is not available, thus making <br />this standard ambiguous and not applicable. <br />This site is not adjacent to the river, being separated by the City park. <br />1 Y-1 O Pc:rr `-i %:101 <br />- c r c c c n~ n ~ u °F,. - n rn - <br />