Key Proposed Changes & Topics for Consideration <br />In addition to general information provided in response to Commissioner questions following <br />the initial public hearing, Attachment A includes several topics that staff is requesting Planning <br />Commission input on before proceeding with making revisions in advance of a new public <br />hearing and deliberations. Below is a brief summary of a few key focus areas and topics for <br />discussion at this work session: <br />Relationship Between Statewide Planning Goal 5 & Goal 15 Requirements <br />The draft code includes several provisions which staff reviewed closely for compliance with the <br />existing Goal 5 regulations and the Goal 15 requirements that need to be met for this project. <br />As noted in the attached materials, considerable effort has been made to integrate the existing <br />Goal 5 regulations (from the /WR Water Resources Conservation Overlay Zone) into the <br />proposed new Greenway standards, which revealed the need for several potential changes that <br />are discussed in Attachment A. These changes have resulted in a change to staff's <br />recommendation to rely on only the footprint of "prior developed areas," similar to existing /WR <br />overlay zone provisions, rather than excluding entire residentially developed lots from the <br />Greenway setback. Staff also closely reviewed the proposed Greenway setback mapping and <br />methodology in light of comments received requesting an additional option to allow applicants <br />to provide a licensed survey of the Greenway setback to ensure accuracy on the ground on a <br />case-by-case basis. <br />Willamette Greenway Permit Procedures - Type II vs Type III Review Process <br />The draft code amendments currently propose utilizing a Type II process (written comment <br />accepted, initial decision by the Planning Director without a public hearing, and a local appeal <br />to the Hearings Official) for clear and objective track Willamette Greenway Permit applications. <br />General (subjective) track Willamette Greenway Permit applications will continue to be <br />processed utilizing a Type III process (with a public hearing and initial decision by the Hearings <br />Official and a local appeal to the Planning Commission). The initial recommendation for a Type <br />II process for clear and objective track applications was based on language in Goal 15 that <br />allows for decisions on Greenway permits to be made without a public hearing if the City <br />adopts an administrative review procedure and Design Plan which are approved by the Land <br />Conservation and Development Commission (LCDC) and the Oregon Department of <br />Transportation (ODOT). <br />City staff consulted with staff at the Department of Land Conservation and Development <br />(DLCD) as well as Oregon Parks and Recreation Department (OPRD) staff, to try to understand <br />the procedure that would be required for adoption of the City's administrative review <br />procedure and Design Plan by LCDC and ODOT. The upshot of those discussions is that, to the <br />best of everyone's knowledge, LCDC has never adopted an administrative review procedure <br />and Design Plan before, so there is no accepted process to do so. Additionally, although Goal <br />15 references approval by ODOT, that is likely because at the time of adoption of the Goal, <br />ORPD was housed within the ODOT. Now OPRD is its own agency with authority over the <br />Greenway, which adds another layer of complexity. DLCD staff did suggest that the City, LCDC <br />and OPRD could use the existing process in the Oregon Administrative Rules (OAR) for making a <br />change to the Greenway Boundary in order to approve the proposed administrative review <br />Page 5 of 91 <br />