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DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN GUNDERSON, 352 OR AT 650-53. Both the statutes that regulate the Willamette River Greenway (ORS 390.310 et seq) and Goal 15 itself impose inherently subjective regulations on development within the Greenway area. ORS 390.314(2)(b) requires that intensification and changes of use in the Greenway be limited so that "such uses remain, to the greatest possible degree, compatible with the preservation of the natural, scenic, historical and recreational qualities" of lands within the Greenway. In addition, Goal 15 requires that the City's Greenway implementation measures: • "Insure that the best possible appearance, landscaping and public access are provided" within the Greenway, • Ensure that to "the greatest possible degree" any "intensification, change of use or development will provide the maximum possible landscaped area, open space or vegetation between the activity and the river," and • Ensure that that to "the greatest possible degree" "[n]ecessary public access will be provided to and along the river by appropriate legal means." The Willamette Greenway Permit approval criteria located at EC 9.8815 implement the requirements of Goal 15, ORS 390.314 and the City's comprehensive plan; including the following specific language required by Goal 15: "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" and "to the greatest possible degree, necessary and adequate public access will be provided along the Willamette River by appropriate legal means." OAR 660-015-0005; Goal 15, Paragraph F(3). IATE B Prior to the 2017 passage of Senate Bill 1051, ORS 197.307(4), sometimes referred to as the Needed Housing statute, and the Willamette Greenway laws worked in concert. Before the legislature adopted Senate Bill 1051, ORS 197.304(4) provided that local governments could only apply "clear and objective standards, conditions and procedures regulating the development of needed housing on buildable land...." Or Laws 2017, ch 745, § 5 (emphasis added). In other words, prior to Senate Bill 1051, housing not located on "buildable land" was not entitled to clear and objective standards. Lands within the Willamette River Greenway are specifically exempt from the definition of "buildable land" by the Land Conservation and Development Commission (LCDC). OAR 660-08-0005(2). OAR 660-08-0005(2) defines "buildable land" as "residentially designated land within the urban growth boundary, including both vacant and developed land likely to be redeveloped, that is suitable, available and necessary for residential uses ...[I]and is generally considered 'suitable and available' unless it...[i]s subject to natural resource protection measures determined under Statewide Planning Goals 5, 6, 15, 16, 17, or 18[.]" (Emphasis added). Land located within the Willamette River Greenway is subject to Goal 15 natural resource protection measures and is therefore not considered "buildable land." Consequently, prior to the passage of SB 1051, housing constructed on land within in the Willamette River Greenway was explicitly outside the scope of the clear and objective requirement. Prior to Senate Bill 1051, because lands within the Greenway were - Page 41 of 91 WILLAMETTE RIVER GREENWAY CODE AMENDMENTS