Planning Commission Decision - Laserfiche WebLink

EC 9.8815(2) states: (2) To the greatest possible degree, necessary and adequate public access will be provided along the Willamette River by appropriate legal means. In addition to clarifying that the standard concerns access along the river, not to the river, the Hearings Official found that the existing riverfront path system provides "more than adequate public access along the river" (page 7). Furthermore, the Hearings Official relies on the fact that the subject property does not directly front the Willamette River to find that EC 9.8815(2) is satisfied. Summary of Appellants' Argument The Appellants state on page 1 and 2 of the appeal statement that the subject proposal provides no direct access to the Willamette River-neither private access for future residents nor open access for the general public. According to the Appellants, the property is adjacent to the river and the proposal restricts access. Planning Commission's Determination The Planning Commission agrees with the conclusion of the Hearings Official that EC 9.8812(2) does not require access to the Willamette River. The proposal includes no changes or impacts to the existing riverfront path, a public park which provides adequate public access along the river. Based on the available information in the record, the Planning Commission finds that the Hearings Official did not err with respect to this appeal issue. Appeal Issue #4: The Hearings Official misconstrued applicable law and made findings not based on substantial evidence with regard to 9.8815(3). Hearings Official's Decision EC 9.8815(3) states: (3) The intensification, change of use, or development will conform with applicable Willamette Greenway policies as set forth in the Metro Plan. On page 7 of his decision, the Hearings Official found that the only applicable Metro Plan policy is 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. In this case, the applicable R-2 zoning allows multiple-family residential development. The Hearings Official found that the City believed R-2 uses to be compatible with the Willamette River Greenway by designating the lot R-2. Furthermore, the Hearings Official finds that the portions of the proposal which meet the 35-foot building height maximum are not incompatible with the natural, scenic, and environmental qualities of the Willamette River. Lastly, in response to LanclWatch Lane Final Order: Lombard Apartments (WG 18-3 / SR 18-3 / ARA 18-8) Page 6