Open Record 3 final rebuttal by applicant (10-17-18)

Virginia Gustafson Lucker, Hearings Official October 17, 2018 Page 7 fields and the top of the river bank. The Plan is therefore consistent with, and exceeds, the requirements of EC 9.3725(2)(c). Finally, it is important to note that the City has previously permitted a number of synthetic turf fields within the Greenway. See Greenway permits included in the Universitys October 3, 2018 open record submission. This precedent demonstrates that the University may develop synthetic turf fields in the S-RP zone if the University chooses to do so, as long as the University demonstrates compliance with applicable design requirements and development standards in construction-related permits. D. Restoration of the Vegetative Fringe along the River Opponents arguments: Opponents both criticize the Universitys proposed restoration plan and argue that this restoration must take precedence over other development proposed in the Plan. For example, Mr. Cziko argues that the Universitys proposed restoration is not adequate because it doesnt qualify as active restoration under section 2.C.1 of the RP Study. See Oct. 3 Cziko letter at Issue 3. Universitys response : Mr. Cziko appears to refer to policy C.1 of the RP Study, which requires the City to protect the riverbank by adopting zoning rules to create a setback along the river and Millrace, and to work cooperatively with local property owners such as the Eugene Water & Electric Board to develop an active management plan for the riverbank. The City has adopted zoning rules that impose setbacks near waterways in the S-RP zone. Those setbacks are 35 feet from the river, and generally 15 feet from the Millrace. See EC 9.3715(2). Moreover, the Citys Water Resources Conservation (WR) overlay zone imposes additional development restrictions within 100 feet of the river and within 40-50 feet of the Millrace. The Citys coordination responsibilities under the RP Study are not binding on the University, but the University nevertheless agrees to cooperate with the City on the Universitys proposed riparian restoration. The Citys S-RP zone rules require an S-RP zone master site plan to provide for protection and enhancement of the natural vegetative fringe along the Willamette River to the maximum extent practicable. The natural vegetative fringe is the riparian strip, which is the area between the top of the river bank and the waters edge. EC 9.3725(2)(d). The Universitys Plan goes far beyond the code requirement by proposing a200 foot setback from the river top of bank for riparian restoration and by dedicating 31 of the Universitys 77 acres in the S-RP zone to riparian restoration. Exhibit B to the Universitys application is a study of the riparian area in the S-RP zone and provides direction for the Universitys restoration of that area. The Universitys restoration activities within the riparian area will be subject to additional permitting before restoration may occur under the Citys WR overlay zone rules. See EC 9.4930(3). Restoration activities may also be subject to additional state and/or federal