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DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 1.0 PROJECT NARRATIVE 1.1 OVERVIEW The purpose of the Willamette River Greenway (Greenway) Code Amendments project is to update Eugene's Land Use Code, and specifically the Willamette Greenway permit regulations, to reduce barriers to the development of housing. In 1973, the Oregon Legislature "established the Willamette River Greenway, a corridor of protected land located along the banks of the river." Gunderson, LLC v. City of Portland, 352 Or 648, 650, 290 P3d 803 (2012). The Oregon Supreme Court explained the Greenway program as follows: The legislature expressed recognition of'the need of the people of this state for existing residential, commercial and agricultural use of lands along the Willamette River' and also the need to'permit the continuation of existing uses of lands that are included within such greenway[.]' ORS 390.314(2)(b). At the same time, the legislature recognized the need'to limit the intensification and change in the use of such lands so that such uses shall remain, to the greatest possible degree, compatible with the preservation of the natural, scenic, historical and recreational qualities of such lands.' The legislature placed primary responsibility for the coordination of the development and maintenance of the Greenway with the State Parks and Recreation Department (department). ORS 390.314(2)(d). The legislature then charged the department, in cooperation with local governments that have greenway lands within their boundaries, to prepare a plan for the development and management of the Greenway. In 1975, the department, in cooperation with nine counties and other local governments along the Greenway, submitted to [the Land Conservation and Development Commission] a preliminary greenway plan, a greenway goal, and policies for a completed greenway plan. On December 6, 1975, the commission adopted the Willamette River Greenway Program, consisting of an order adopting a Preliminary Willamette Greenway Plan and Statewide Planning Goal 15 (Goal 15). Goal 15 provides that each city and county in which the Greenway is located must incorporate portions of the Willamette River Greenway Plan into its comprehensive plan, implementing ordinances and other implementing measures. Cities and counties are also required to'establish provisions by ordinance for the review of intensifications, changes of use and developments to ensure their compatibility with the Willamette River Greenway.' OAR 660-015-0005; Goal 15, Paragraph F(3). Those ordinances must include'[t]he review of intensification, changes of use and developments as authorized by the Comprehensive Plan and zoning ordinance to insure their compatibility with the Greenway statutes and to insure that the best possible appearance, landscaping and public access are provided.' OAR 660-015-0005; Goal 15, Paragraph F(3)(b). The review must include findings that [to the greatest possible degree] the intensification, change of use, or development'will provide the maximum possible landscaped area, open space or vegetation between the activity and the river[.]' OAR 660-015-0005; Goal 15, Paragraph F(3)(b)(1). - Page 40 of 91 WILLAMETTE RIVER GREENWAY CODE AMENDMENTS