irrelevant - the focus is the subject property. The Hearings Official alleges that "[i]f the <br />property was adjacent to the river and proposed to restrict access along the river[,] then <br />opponents would likely be correct that the criterion is not satisfied." Here, that is the <br />case. The property is adjacent to the river and proposed development restricts access. <br />The Hearings Official has misconstrued the standard and there is no evidence in the <br />record to show that the applicant has satisfied the standard. <br />Appellants incorporate by reference all arguments related to EC 9.8815(2) raised <br />before the Hearings Official as if set forth here. <br />The Hearings Official misconstrued applicable law and made findings not based on <br />substantial evidence with retard to EC 9.8815(3) <br />EC 9.8815(3) provides that proposed development shall "conform with applicable <br />Willamette Greenway policies as set forth in the Metro Plan." Policy III-D, Policy D.5 <br />provides that "[n]ew development that locates along the river corridors and waterways <br />shall be limited to uses that are compatible with the natural, scenic, and environmental <br />qualities of those water features." The Hearings Official simply concludes that because <br />the proposed use is allowed in the R-2 zone. The Hearings Official also relies on the <br />staff's position that "this policy is met to the extent that the proposed development of <br />multi-family residential uses is allowed in the applicable R-2 zone, and otherwise found <br />to be consistent with the natural resource protections afforded through the Willamette <br />Greenway Permit criteria." Here, however, there has been no showing that the 35-foot <br />development is consistent with the natural, scenic, and environmental qualities of the <br />greenway. There is simply nothing in the record to support such findings to satisfy the <br />criteria. The Hearings Official also alleges, without support, that the "proposal locates <br />the development as far away from the river as possible." This finding is not supported by <br />substantial evidence in the record. <br />Appellants incorporate by reference all arguments related to EC 9.8815(3) raised <br />before the Hearings Official as if set forth here. <br />The Hearings Official erred in finding that the Willamette River Greenway approval <br />criteria do not apply to the subject application <br />The Hearings Official erred in finding that the Willamette River Greenway <br />approval criteria do not apply to the subject application. The Hearings Official alleges <br />that the "2017 amendments to the needed housing statute eliminated the restriction of the <br />clear and objective standards to buildable lands and applied them to not only all needed <br />housing but all housing period." The distinction drawn by the Hearings Official <br />misconstrues the law because all residentially designated land is buildable lands. The <br />definition of "buildable lands" includes residential development, which comports with <br />the subject application. See OAR 660-008-0005(2) (defining "buildable lands" to mean <br />