Attachment A <br />Post-Hearing Supplemental Information: <br />Willamette Greenway Code Amendments (CA 22-1) <br />Why These Code Amendments and Why Now <br />Commissioner Ramey and others have asked about the timing and impetus for the proposed Willamette <br />River Greenway code amendments. The proposed land use code amendments are a proactive and <br />voluntary local approach to resolving a conflict between the inherently subjective requirements of <br />Statewide Planning Goal 15, and State law requiring clear and objective standards for the review of <br />proposed housing development. This need for a clear and objective Willamette Greenway permit review <br />process initially arose with the 2017 passage of Senate Bill 1051. The competing subjective requirements <br />of Goal 15, and the clear and objective requirements under ORS 197.307(4) (as amended by Senate Bill <br />1051), have created a legal conundrum for cities like Eugene with land located within the Greenway <br />which the proposed amendments seek to resolve. <br />The City's effort to resolve this conflict at the local level is one that was beyond the scope of the recent <br />"Clear & Objective" code amendments adopted in 2021. This process to amend the Willamette <br />Greenway permitting regulations represents the best near-term opportunity to pursue the desired <br />outcome as a follow-up component of that larger overall adoption package, given limited staff resources <br />and competing interests for other high-priority work plan items. The scope of the amendments is <br />therefore intentionally narrow compared to both recently adopted packages for the Clear & Objective <br />and Middle Housing code amendments, by focusing on only one of the various land use application <br />types (Willamette Greenway Permits), and given its limited geographic scope to lands within the <br />Greenway, as opposed to having City-wide applicability. <br />By adopting the proposed two-track system for Willamette Greenway Permits the intent is to create a <br />balanced approach to meeting the requirements of Goal 15 while also creating a new clear and objective <br />path for the review and approval of housing development. In addition, the proposed amendments will <br />improve consistency among the various clear and objective track land use application types for the <br />review of proposed housing. For more background and detail on this topic, and the dilemma the <br />proposed amendments seek to resolve, please refer to the introduction section in the supporting Design <br />Plan (see pages 5-8). <br />Where the Code Amendments Apply <br />The supporting Design Plan (see pages 20-21) also includes information on land area and ownership in <br />the Willamette Greenway Boundary within the Eugene UGB. In total, there are 1,782 acres of land <br />within the Willamette Greenway Boundary. Of this total, 1,569 acres (88%) are public lands that are <br />devoted to special uses like parks, schools, government offices, cemeteries, and rights-of-way that are <br />assumed for purposes of the City's adopted buildable lands inventory to have no development or <br />redevelopment potential. The remaining 213 acres (12%) are privately owned lands. Commissioner <br />Beeson inquired about the zoning, development status, and residential category of privately owned lots <br />and, specifically, the number of lots affected by the proposed setback. A more detailed summary and <br />supplemental maps of this information are forthcoming and will be provided for the work session. <br />How the Proposed Setback is Established <br />As discussed in the supporting Design Plan (see page 30), staff recommends the establishment of a <br />Greenway setback of 100 feet as measured horizontally from the top of bank with two exceptions: <br />Lots zoned residential and already developed with housing were excluded entirely from the <br />proposed Greenway setback in some areas. <br />Page 9 of 91 <br />