DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN <br />exempt from the clear and objective requirements of ORS 197.307(4), the inherently subjective <br />requirements of ORS 390.314 and Statewide Planning Goal 15 did not conflict with the clear and objective <br />requirements of ORS 197.307(4). <br />However, the historic harmony between the state law requirements applicable to lands within the <br />Greenway and the state law requirement for clear and objective standards was disrupted by the passage of <br />Senate Bill 1051. <br />In 2017, the Oregon Legislature adopted Senate Bill 1051, which amended ORS 197.307(4) to remove the <br />phrase "on buildable land." Or Laws 2017, ch 745, § 5. ORS 197.307(4) now provides in pertinent part that <br />local governments "may adopt and apply only clear and objective standards, conditions and procedures <br />regulating the development of housing, including needed housing." The plain language of ORS 197.307(4) <br />now requires that local governments offer all housing applicants the option to proceed under clear and <br />objective standards; there is no longer an exemption from the "clear and objective" requirement for <br />housing that is not located on "buildable land." <br />The newly competing requirements of ORS 390.314 and Goal 15 on one hand, and ORS 197.307(4) on the <br />other, have created a legal conundrum for cities with land located within the Greenway. In addition, the <br />newly adopted requirements of OAR Chapter 660, Division 46: Middle Housing in Medium and Large Cities, <br />provide additional impetus for the City to amend its Willamette Greenway permit regulations to adopt clear <br />and objective standards, conditions, and procedures regulating the development of housing, including <br />middle housing, within the Greenway Boundary. <br />As noted above, Eugene's Greenway regulations are derived from Oregon Statewide Planning Goal 15 <br />which requires cities and counties to establish provisions, by ordinance, which require that intensifications <br />of use, changes in use, or developments be given special consideration before being permitted within <br />the boundaries of the Greenway. Greenway regulations are designed to protect, conserve, enhance, and <br />maintain the natural, scenic, historical, agricultural, economic, and recreational qualities of lands along the <br />Willamette River. <br />The City's adopted Greenway regulations allow the City to approve uses, to apply requirements and <br />approval criteria, and to impose conditions as deemed necessary in order to carry out the purpose and <br />intent of the Greenway and to ensure that any intensification of use, changes in use, or developments are <br />compatible with the Greenway. <br />EC 9.8810 sets out General Requirements for Willamette Greenway permit applications and EC 9.8815 <br />contains permit approval criteria and standards. Willamette Greenway permit applications are reviewed in <br />accordance with Type III application procedures, which include a public hearing and a decision by a Eugene <br />Hearing's Official. EC 9.8825 contains provisions and criteria for modifications to approved Willamette <br />Greenway permit applications, which are reviewed in accordance with Type II application procedures. <br />The City is now proposing to create a two-track system consistent with the clear and objective requirements <br />of ORS 197.307(4) and (6) and the allowance for an administrative review process and design plan in Goal <br />15. Once the design plan and accompanying land use code amendments are adopted, an applicant who <br />wishes to build housing in the Greenway will be able to utilize set of clear and objective standards and a <br />Type II application process that does not require a public hearing. If an applicant desires more flexibility <br />than is afforded by the clear and objective Greenway standards, the applicant may choose to proceed <br /> - Page 42 of 91 <br />WILLAMETTE RIVER GREENWAY CODE AMENDMENTS <br />