Hearings Official Decision - Laserfiche WebLink

directly from the development site in all cases. Based on the available evidence, and the specific wording of the criterion above, staff believes this criterion is met.” Staff Report 4-5 (emphasis in original). I agree with the staff report. EC 9.8815(2) addresses adequate public access “along the river.” There is more than adequate public access along the river. The City’s renowned Riverfront Path System runs to the east of the property along the river. If the property was adjacent to the river and proposed to restrict access along the river then opponents would likely be correct that the criterion is not satisfied. But that is not the scenario in the present case. EC 9.8815(2) is satisfied. Opponents argue that the proposal does not satisfy EC 9.8815(3), which requires that the proposed development “conform with applicable Willamette Greenway policies as set forth in the Metro Plan.” According to opponents, the proposal does not conform with a number of applicable plan policies. The only applicable plan policy identified in the staff report is Metro Plan Section III-D, Policy D.5, which provides: “New development that locates along the river corridors and waterways shall be limited to uses that are compatible with the natural, scenic, and environmental qualities of those water features.” According to opponents, a “towering” 35-foot apartment complex is not compatible with the natural, scenic, and environmental qualities of the Willamette Greenway. The staff report found: “* * * staff believes this policy is met to the extent that the proposed development of multi-family residential uses is allowed in the applicable R-2 zone, and otherwise found to be consistent with the natural resource protections afforded through the Willamette Greenway Permit criteria. Those requirements in EC 9.8815 are locally adopted regulations that implement Statewide Planning Goal 15 in the context of this policy. “Based on the available information, staff believes this criterion is met.” Staff Report 5. I agree with the staff report. The policy talks about “uses” that are compatible with the applicable water feature. The applicable R-2 zoning allows multi-family residential – that is the use. By adopting R-2 zoning for the property the City obviously envisioned multi-family residential use as a potential use for the property. The City clearly thought such a use was compatible with the Willamette River Greenway or it would not have zoned the property R-2. I do not see that the plan policy allows micro-management of the building layout or design of a Hearings Official Decision (WG 18-3/SR 18-3/ARA 18-8) 7