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DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 3.0 SETBACK DETERMINATION 3.1 OVERVIEW This section discusses the setback component of Goal 15, previously established setbacks, prior approved Willamette Greenway permits, and the recommended approach for establishing a Willamette River Greenway setback as a component of the Design Plan. 3.2 GOAL 15 WRG SETBACK PROVISIONS OAR 660-015-0005 Goal 15: Willamette River Greenway, and Eugene Code (EC) 9.8815 Willamette Greenway Permit Approval Criteria and Standards, provide standards for the establishment of setback lines to keep structures separated from the river. Section C.3 of Goal 15 provides use management considerations and requirements for local plans and implementing measures. Subsection (k) provides for the Greenway setback. Other relevant considerations include providing adequate public access to the river, protection of significant fish and wildlife habitat, and enhancing and protecting the natural vegetative fringe along the river. EC 9.8815(5)(a), nested within the approval criteria for Willamette Greenway Permits, provides that intensification, changes of use, or development shall require the establishment of a setback line to keep structures separated from the river. OAR 660-015-0005, C.31. Greenway Setback. A setback line will be established to keep structures separated from the river in order to protect, maintain preserve and enhance the natural, scenic, historic and recreational qualities of the Willamette River Greenway, as identified in the Greenway Inventories. The setback line shall not apply to water-related or water-dependent uses. EC 9.8815(5)(a). [I]ntensification, change of use, or development shall conform with the following applicable standards: (a) Establishment of adequate setback lines to keep structures separated from the Willamette River to protect, maintain, preserve, and enhance the natural, scenic, historic, and recreational qualities of the Willamette Greenway. Setback lines need not apply to water related or water dependent activities as defined in the Oregon Statewide Planning Goals and Guidelines (OAR 660-15-000 et seq.). Both the OAR and Eugene Code exclude water-related and water-dependent uses from the setback, however neither one includes a definition for the uses. OAR 632-005-0020 provides definitions for the terms: Water-related uses are defined as: "Uses which are not directly dependent upon access to a water body, but which provide goods or services that are directly associated with water-dependent land or waterway use, and which, if not located adjacent to water, would result in a public loss of quality in the goods or services offered. Except as necessary for water-dependent or water-related uses or facilities, residences, parking lots, spoil and dump sites, roads and highways, restaurants, businesses, factories, and trailer parks are not generally considered dependent on or related to water location needs." - Page 61 of 91 WILLAMETTE RIVER GREENWAY CODE AMENDMENTS 26