ensure that the University will actually comply with the requirements of EC 9.3725(d) is to issue <br />a permit only under the condition that this project be completed in phases” with the first phase <br />must require “the enhancement of trees and understory characteristic native vegetation within the <br />riparian strip along the Willamette River” and the construction of a “continuous two-way bicycle <br />path through the development along the river.” This argument does not include any regulatory <br />authority that would mandate such phasing of the Master Plan development; and in fact, the code <br />does not appear to provide such authority. <br />As noted above, as with all other components of the Master Plan, the Plan itself does not propose <br />any specific development. Moreover, except for the requirement that transportation infrastructure <br />be in place, neither this criterion, nor any other applicable criterion, mandates any specific timing <br />or phasing of this or any other development. This criterion specifies that the proposed protections <br />and enhancements be provided “to the maximum extent possible.” The applicant’s <br />acknowledgement that implementation of the entire Master Plan, and specifically that the <br />activities addressed under this criterion will be completed to the extent and as funding becomes <br />available, is consistent with both this criterion in particular, and with the requirement for <br />establishment of a Master Plan. <br />(e) To the greatest possible degree, necessary and adequate public access will <br />be provided to and along the river by appropriate legal means. As used in <br />this section, the words “greatest possible degree” are drawn from <br />Statewide Planning Goal 15 (F.3.b.) and are intended to require a <br />balancing of factors so that each of the identified Greenway criteria is <br />protected to the greatest extent possible without precluding the requested <br />use. Goal 15 (C.3.j.) provides that “lands committed to urban uses within <br />the Greenway shall be permitted to continue as urban uses.” <br />The requested Master Plan includes proposed improvement to and possible realignment of the <br />existing bicycle path along the river. As discussed above, it also identifies riparian area <br />restoration along the river and removal of fill that will facilitate safer access to the river. In <br />addition, the Master Plan identifies three pedestrian viewpoints and one paddle craft launching <br />point along the river’s edge. These Master Plan improvements will enhance the public’s physical <br />access to the river while also improving public safety and the ecological quality of the site. <br />(3) Interpretation. In the event any of the terms used in these S-RP zone provisions <br />require interpretation, the planning and development director shall be responsible <br />for such interpretation. <br />To the extent this provision could be construed to be a mandatory approval criterion, no party <br />has requested that the planning and development director interpret any terms within the S-RP <br />zone provisions and, therefore, this decision is not dependent upon any specific interpretation of <br />those provisions. <br />Conclusion: Conditional Use Permit Request <br />Based on the above analysis and findings, the requested Master Plan satisfies each of the <br />Hearings Official Decision (CU 18-1; WG 18-2) 15 <br /> <br />