• Previously established Greenway setbacks in the Willakenzie Area Plan, S-DR Downtown <br />Riverfront (EC 9.3147), and S-RP Riverfront Research Park (EC 9.3715) were used as the setback <br />for areas zoned S-DR or S-RP or located within the Willakenzie Area Plan. <br />Staff now recommends deletion of the exclusion for entire lots zoned residential and already developed <br />with housing from the proposed Greenway setback (see first bullet above). Upon further reflection, staff <br />has determined that the exclusion of entire lots does not appear to be supported by the requirements of <br />Goal 15 and may in fact conflict with the existing Goal 5 regulations of the /WR Water Resources <br />Conservation overlay zone in some cases. As a result, staff recommends revising the draft code and will <br />bring back future recommendations for exceptions from the setback, if any. Possible recommended <br />exceptions may include those areas that can be demonstrated to be prior developed (i.e. only the <br />footprint of qualifying, existing development), isolated from the river by an existing street, or authorized <br />under certain prior land use approvals - similar to the exceptions allowed for prior developed areas in the <br />/WR overlay zone. <br />Staff proposes adopting the Greenway setback and top of bank (TOB) lines as Geographic Information <br />Systems or Geographic Information Science (GIS) data layers to map and codify the boundaries of the <br />setback. The methodology for determining the TOB line for the purposes of applying the Greenway <br />setback is discussed in greater detail as part of the Design Plan (Section 2.0 Top of Bank Determination, <br />beginning on page 22). The City uses and maintains GIS data for mapping and analysis purposes, among <br />other reasons, as do most other jurisdictions. As has been done with the proposed Greenway setback <br />mapping, the intent is the make the data interactive, publicly available, and downloadable for applicant, <br />consultant and public use in development proposals so that it is as user-friendly as possible in regular <br />practice. GIS data layers can then be imported and georeferenced for the purposes of creating site plans <br />on a lot-by-lot basis, which is standard in most architecture and engineering software platforms. In <br />addition, in response to concerns raised in public testimony, staff is considering a proposed draft code <br />revision that would add an additional standard to allow applicants to provide a licensed survey of the <br />Greenway setback instead of applying the GIS layer to their site plan, or some other similar clear and <br />objective means to allow for clarity and accuracy in establishing the precise Greenway setback on <br />individual properties. Pending further discussion and refinement, this change may be included in the <br />revised draft code presented for additional public input. <br />RELATIONSHIP BETWEEN GOAL 5, GOAL 15, AND FLOODPLAIN REGULATIONS <br />Commissioner Edwards requested additional information about the relationship between various sets of <br />different regulations that apply along lands near the Willamette River, as well as how other jurisdictions <br />handle their permitting processes compared to Eugene. A summary of that additional information is <br />provided below. <br />Goal 5 and Goal 15 Requirements <br />Goal 5 and Goal 15 are broad Statewide Planning Goals. Goal 5 covers more than a dozen resources <br />including wildlife habitat, historic places, and gravel mines. Local governments are asked to take <br />inventories of Goal 5 resources, assess resource sites and implement protection measures for significant <br />sites. The City's Goal 5 inventory includes significant riparian areas, wetlands, and other water-related <br />wildlife habitat areas that are protected by the /WR Water Resource Conservation Overlay Zone. The <br />/WR overlay regulations protect significant riparian and upland wildlife habitat sites and wetland sites <br />from development or impacts that would otherwise damage the integrity of the resource. Most <br />development is prohibited within resource sites and their associated conservation areas. Only select <br />types of development and uses are permitted in /WR conservation areas subject to Type II Standards <br />Review (Planning Director approval), such as bike paths, park amenities and other public improvements. <br />Page 10 of 91 <br />