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HomeMy WebLinkAbout1.10.23 PC AgendaAGENDA WPIanning Commission Phone: 541-682-5481 Meeting Location: www.eugene-or.gov/pc Virtual Meeting (Via Zoom) The Eugene Planning Commission welcomes your interest in these agenda items. In response to COVID-19, meetings will continue to be held remotely using virtual meeting technology until further notice. Information about online or other options for access and participation is available on the last page of this agenda. For the hearing impaired, assistive-listening devices or an interpreter can be provided with 72-hour notice prior to the meeting. Spanish-language interpretation may also be provided with 72-hour notice. These services may not be available during the Planning Commission meeting based on service availability but may occur as a follow up service. To arrange for these services, contact the Planning Division at 541-682-5675. TUESDAY, January 10, 2023 - Public Hearing (5:30 pm) Eugene Planning Commissioners: Ken Beeson; Diane Behling; Tiffany Edwards; Lisa Fragala (Vice Chair); Dan Isaacson (Chair); Jason Lear, Chris Ramey The Commission will begin the meeting with the City's Land Acknowledgement statement: Since time immemorial the Kalapuya people have been the Indigenous stewards to our region, building dynamic communities, maintaining balance with wildlife, and enacting sustainable land practices. This land acknowledgement is a way of resisting the erasure of Indigenous histories and to honor Native communities by inviting truth and reconciliation. Following treaties between 1851 and 1855, Kalapuya people were dispossessed of their Indigenous homeland by the United States government and forcibly removed to the Coast Reservation in Western Oregon. As we consider the impacts of colonization, we also acknowledge the strength and resiliency of displaced Indigenous people. The City of Eugene is built within the traditional homelands known as Kalapuya Ilihi. Kalapuya descendants are citizens of the Confederated Tribes of Grand Ronde Community of Oregon and the Confederated Tribes of the Siletz Indians of Oregon, they continue to make contributions in our communities here and across the lands. We express our respect for the inherent political sovereignty of all federally recognized Tribal Nations and Indigenous people who live in the State of Oregon and across the nation. Therefore, the Planning Commission recognizes that what we do today will affect the many generations who will come after us. Public Hearing: WILLAMETTE GREENWAY CODE AMENDMENTS (City File CA 22-1) Planning Commission to conduct a second public hearing for land use code amendments adopting a set of clear and objective standards for housing within the Willamette River Greenway. City Staff: Gabe Flock, 541-682-5697, GFlock .eugene-or.gov and Jeff Gepper, 541-682- 5282, JGepper(c~eugene-or.gov Page 1 of 39 Public Hearing Format: Following an informational overview from staff, the Planning Commission will open the public hearing for public comment. Testimony will be limited to three minutes per person. The Planning Commission may seek a response to testimony from City staff. At the end of the hearing, the Planning Commission Chair will announce whether the Commission's record is closed, the Commission's record will be held open, or the public hearing will be continued. As a reminder, the City Council will hold a separate Public Hearing following the Planning Commission's process, with another opportunity to provide public comment. HOW TO ACCESS THE MEETING To watch a webcast of the meeting live: Visit: https://www.eugene-or.gov/2109/Planning-Commission-Webcasts To be able to participate in the Public Hearing join using one of the two following options: 1. Join on your computer, tablet or smartphone Visit: https://eugene-or-gov.zoom.us/m/88568352100 Sign up to speak by clicking once on the "raise hand" icon 2. Join on your phone Dial one of the below numbers and enter the Webinar ID: 885 6835 2100 +1 833-548-0276 (Toll Free); or +1 833-548-0282 (Toll Free); or +1 877-853-5257 (Toll Free); or +1 888-475-4499 (Toll Free); For higher quality, dial a number based on your current location. International numbers available: https://eugene-or-gov.zoom.us/u/kbEgyMKe59 Sign up to speak by dialing *9 (Star-9) Page 2 of 39 AGENDA ITEM SUMMARY January 10, 2023 To: Eugene Planning Commission From: Gabe Flock, Principal Planner & Project Manager Jeff Gepper, Senior Planner Subject: Second Public Hearing on Willamette River Greenway Code Amendments (City File: CA 22-1) ACTION REQUESTED The Planning Commission will hold a second public hearing on proposed land use code amendments to create a new set of clear and objective standards for the review of proposed housing within the Willamette River Greenway. Following the March 8, 2022 public hearing on the initially proposed Willamette River Greenway Code amendments, staff took a step back, considered the public input that was provided and made some significant changes and updates to the original Willamette River Greenway Code Amendments proposal. This second public hearing will provide an opportunity for public input on the Willamette River Greenway Code Amendments as updated and amended since the initial draft. Following this public hearing, the Planning Commission will hold a series of meetings to deliberate and ultimately make a recommendation to City Council on the updated Willamette River Greenway Code Amendments. Additional background, links to related materials, and a brief overview of the key changes included in the updated proposed Willamette River Greenway Code Amendments are provided below. For ease of reference, the updated draft proposed Willamette River Greenway Code Amendments are included as Attachment A. BACKGROUND The purpose of the Willamette River Greenway Code Amendments project is to update Eugene's Willamette River Greenway Permit approval process to provide a set of clear and objective approval criteria for the review of housing development within the Willamette River Greenway. If the proposed amendments are adopted, an applicant seeking to develop housing within the boundary of the Willamette River Greenway will be able to choose to proceed under the new clear and objective standards, or choose to proceed using the City's discretionary approval criteria. The proposed code amendments do not change the adopted Willamette River Greenway Boundary, which has been in existence since the mid-1970's. Several key components of the new proposed clear and objective approval criteria are intended to ensure that housing development within the Willamette River Greenway will continue to be reviewed for consistency with the requirements of Statewide Planning Goal 15 and meet the "clear and objective" requirements of ORS 197.307 for housing. The proposed changes are intended to: Page 3 of 39 • Reduce barriers to housing development; • Meet the City's obligations under State law; and • Maintain a balanced approach to protecting the Willamette River Greenway with effective development standards. In response to public input received during and after the first Planning Commission public hearing on March 8, 2022, as well as Planning Commission deliberations and direction at the June 14, 2022 and August 2, 2022 Planning Commission meetings, staff has updated the proposed Willamette River Greenway Code Amendments. Below is a summary of the proposed amendments, followed by a more detailed overview of the updates made to the proposal since the initial public hearing. Summary of Proposed Willamette River Greenway Permit Approval Criteria & Procedures • The updated Willamette River Greenway Code Amendments add clear and objective approval criteria for development of housing within the boundary of the Willamette River Greenway. An applicant proposing housing may choose to proceed under the clear and objective standards (Clear and Objective Track) or the discretionary standards (Discretionary Track). The clear and objective standards include the following: o Establishment of a 100-foot setback from the river for new housing (the Greenway Setback); o A map of the Greenway Setback; o A map showing public access points; o Limitations on building fagade length within 100 feet of the Greenway Setback; o Limitations on walls and fencing within and near the Greenway Setback; o Pedestrian access requirements for multi-unit developments; o Native landscape buffer requirements; and o Tree preservation and removal requirements. • The updated Willamette River Greenway Code Amendments also add tree preservation and removal requirements to the existing discretionary approval criteria for Willamette River Greenway permits. Updates Since the March 8, 2022 Public Hearing The following changes have been made to proposed Willamette River Greenway Code Amendments since the March 8, 2022, Planning Commission public hearing: • The addition of tree preservation and removal standards to both the proposed clear and objective approval criteria (Clear and Objective Track) and the existing discretionary approval criteria (Discretionary Track) for Willamette River Greenway Permits, to enhance the protections applied to new development within the Greenway. See Attachment B for more details. • The proposed Willamette Greenway Code Amendments now provide that all Willamette Greenway Permit applications, whether subject to the approval criteria in the Clear and Objective Track or the Discretionary Track, will undergo a Type III process, which consists of Page 4 of 39 a public hearing and initial decision by the Hearings Official and a local appeal to the Planning Commission. • The maximum length of building facades was reduced to 75 feet when proposed buildings are located within 100 feet from the proposed Greenway Setback, to help facilitate views to and from the river. • Clarification that pedestrian paths and public accessways are the only new structures permitted within the Greenway Setback under the Clear and Objective Track. Other structures may be allowed within the Greenway Setback area, but those structures would be subject to the discretionary Willamette River Greenway Permit approval criteria. • Allowance for parking areas between buildings and the Greenway Setback, to eliminate conflicts with other standards that generally prohibit vehicle use areas between buildings and adjacent streets. • An update to the methodology for determining proximity to public access points was conducted to clarify which properties will be subject to the pedestrian access and public accessway requirements. The updates include mapping refinements based on walking distance to/from existing public access points to be included on the proposed maps for adoption, which help determine the clear and objective requirements where new pedestrian connections may be required for additional access to the river. More details on this update are included in Attachment B. PROCEDURAL SUMMARY AND PUBLIC NOTICE The proposed Willamette River Greenway Code Amendments are subject to Type V application (legislative) procedures (EC 9.7500 through EC 9.7560) as well as the approval criteria in EC 9.8065. The legislative process includes required public notice and a hearing before the Planning Commission. An initial Planning Commission public hearing was held on March 8, 2022. Notice of the initial public hearing was provided consistent with the notice requirements for Type V land use applications, and all written testimony received as of the date of this staff report has been provided to the Planning Commission for consideration. Notice of this second public hearing, to be held on January 10, 2023, has also been provided consistent with the Type V application procedures. Although not required for the second public hearing, these procedures have been followed to ensure further public notice and opportunity for input given the extent of changes to the initially proposed version of draft code. This includes notice sent to City of Eugene recognized neighborhood organizations, the Oregon Department of Land Conservation and Development, the Oregon Department of Transportation and the Oregon Parks and Recreation Department, as well as other community groups, interested parties, and individuals who have requested notice. Consistent with ORS 227.186 (Measure 56), notice was also provided to owners and occupants of properties affected by the proposed code amendments. Notice of the public hearing was also published in the Register Guard. Written testimony received in response to the second public hearing notice, as of the date of this staff report, is included as Attachment C. Any written testimony received after the date of this staff report will be provided to the Planning Commission separately. As a courtesy, written Page 5 of 39 testimony received by the City, along with a variety of additional information including the online Greenway Setback map, prior meeting materials and recordings, and the updated draft code can also be found on the City's project website at:.https://www.eugene-or.gov/764/Land- Use-Code-Amendments. STAFF RECOMMENDATION/NEXT STEPS Staff recommends that the Planning Commission hold the second public hearing and review record materials and all public testimony related to the proposed Willamette River Greenway Code Amendments. Following the second public hearing, the Planning Commission will deliberate on the proposed Willamette River Greenway Code Amendments and provide a recommendation to the City Council on whether to approve, approve with modifications or not approve the proposed amendments. Planning Commission deliberations on this topic are scheduled for January 24, 2023. Following Planning Commission's recommendation, City Council will hold a separate public hearing, anticipated to be held in the Spring of 2023, before taking final action on the proposed amendments. ATTACHMENTS A. Updated Proposed Willamette River Greenway Amendments B. Tree Preservation and Access Points Memorandum C. Written Public Testimony Received between June 2, 2022 and January 2, 2023 FOR MORE INFORMATION More information regarding the Willamette River Greenway Code Amendment project can be found here: https://www.eugene-or.gov/764/Land-Use-Code-Amendments, or by contacting staff directly: Gabe Flock, Principal Planner & Project Manager Telephone: (541) 682-5697 Staff E-Mail: gflock@eugene-or.gov Jeff Gepper, Senior Planner Telephone: (541) 682-5282 Staff E-Mail: jgepper@eugene-or.gov To submit written public comment, please email: greenwaytestimony@eugene-or.gov; or via regular mail: c/o Jeff Gepper, Senior Planner, 99 W. 10th Avenue, Eugene, OR 97401. Page 6 of 39 Willamette River Greenway Code Amendments Willamette River Greenway Code Amendments Table of Contents Attachment A 9.0500 Definitions ...................................................................................................................................2 9.3725 S-RP Riverfront Park Special Area Zone - Review Procedures 3 9.5750 Telecommunication Devices - Siting Requirements and Procedures .........................................4 9.6885 Tree Preservation and Removal Standards .................................................................................4 9.7005 Pre-application Conference .......................................................................................................12 9.7030 Recordation of Certain City Decisions . 12 9.7055 Applications and Review Authorities .........................................................................................12 9.7305 Type III Application Requirements and Criteria Reference .......................................................13 9.7210 Notice of Application 13 9.7220 Notice of Decision 14 9.7305 Type III Application Requirements and Criteria Reference .......................................................14 9.7315 Public Hearing Notice 15 9.7335 Notice of Decision 15 9.7340 Expiration ...................................................................................................................................15 9.7605 Filing of Appeal of Planning Director's Decision 15 9.7615 Public Hearing Notice 16 9.7635 Notice of Decision 17 9.7665 Public Hearing Notice 17 9.7685 Notice of Decision 18 9.8005 Applicability and Effect of Application Requirements, Criteria, and Concurrent Review 18 9.8030 Adjustment Review - Approval Criteria .....................................................................................18 9.8800 Purpose of Willamette River Greenway Permits 20 9.8805 Willamette River Greenway Permits - Applicability 21 9.8810 Willamette River Greenway Permits - Application Requirements ..........................................21 9.8811 Willamette River Greenway Setback - Clear and Objective 21 9.8812 Willamette River Greenway Permit Approval Criteria - Clear and Objective ...........................22 9.8815 Willamette River Greenway Permit Approval Criteria - General 23 9.8825 Modifications to a Willamette River Greenway Permit 25 Draft: December 1, 2022 Page 1 of 25 Page 7 of 39 Willamette River Greenway Code Amendments Attachment A Amendments Guide: The following types of text are included in the document below. Existing Black Text = Existing land use code that will remain unchanged. uiiaerimtju dluf = Text proposed for addition to the land use code. StrikethFo gh Red Tex = Text proposed for removal from the land use code. Purple Text = See footnotes at EC 9.6885 and EC 9.8030(13) for details. Highlighted Text = Text to be updated upon adoption of final ordinance. 9.0500 Definitions. 0110~~ Change of Use. (A) Except as provided in (13), a change from the existing use to another land use according to the land use and permit requirement tables in this land use code. (B) As used in Willamette Rives Greenway Permits beginning at EC 9.8800, making a different use of the land or water than that which existed on December 6, 1975. It includes only a change that requires construction, alterations of the land, water, or other areas outside of existing buildings or structures and that substantially = affects the land or water. It does not include a change of use of a building or other structure that does not substantially alter or affect the land or water upon which it is situated. The sale of property is not in itself considered to be a change of use. An existing open storage area shall be considered to be the same as a building for purposes of defining "change of use" with regard to Willamette River Greenway permits. Intensification (as used in Willamette Greenway Permits beginning at EC 9.8800). Any additions that increase or expand the area or amount of an existing use, or the level of activity. Remodeling the exterior of a structure not excluded below is an intensification when it will substantially alter the appearance of the structure. Maintenance and repair that is usual and necessary for the continuance of an existing use is not an intensification of use. Reasonable emergency procedures necessary for the safety or the protection of property are not an intensification of use. Residential use of lands within the Greenway includes the practices and activities customarily related to the use and enjoyment of one's home. Landscaping, construction of driveways, modification of existing structures or construction e-or placement of su,, Mures or facilities adjacent to the residence eF placement of Such subsidiaF , stFuetuFes as are usual and necessary to such use and enjoyment shall not be considered an intensification. Seasonal increases in gravel operations shall not be considered an intensification of use. Water-dependent. A use or activity which can be carried out only on, in, or adjacent to water areas because the use reauires access to the water bodv for water-borne transaortation. recreation. ener roduction. or source of water. Draft: December 1, 2022 Page 2 of 25 Page 8 of 39 Willamette River Greenway Code Amendments Attachment A Water-related. 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. 9.3725 S-RP Riverfront Park Special Area Zone - Review Procedures. The master site plan for developments proposed within the S-RP zone shall be reviewed through the conditional use permit process provided in this land use code. For the purpose of this review, the following criteria shall be applied in lieu of the criteria provided in EC 9.8090 Conditional Use Permit Approval Criteria - General. (1) Criteria for all Development. (a) The proposed development shall be consistent with the Metropolitan Area General Plan, Riverfront Park Study, and other applicable policy documents or functional plans. (b) Based on technical analysis (particularly with respect to transportation facilities), planned public facilities shall be shown to accommodate the requirements of the proposed development. (c) The proposed development shall protect visual access from main entry points from Franklin Boulevard to the river/riparian vegetation. Compliance with the criteria in EC 9.3725(1) Criteria for all Development above. The height and bulk of the proposed development shall be designed to consider the impacts on public open space, especially the buffer strips along the Willamette River and Millrace, and to adhere to the height limitations specified along the Willamette River. Building setbacks shall be varied to avoid the effect of a continuous wall along the minimum setback line and to adhere to the requirement for protection of designated features (i.e., Millrace and pedestrian linkage to the Autzen Stadium footbridge). 3. 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. To the maximum extent practicable, the proposed development shall provide for protection and enhancement of the natural vegetative fringe along the Willamette River. Draft: December 1, 2022 Page 3 of 25 Page 9 of 39 (2) Criteria for Development Within Willamette r Greenway Boundaries. Willamette River Greenway Code Amendments Attachment A This means protection and enhancement of trees and understory characteristic of native vegetation within the riparian strip along the Willamette River. It also means removal, and active management to prevent reintroduction of, disturbance vegetation such as Himalayan blackberries and English ivy. As used herein, the riparian strip means the area between the top of the river bank and the water's edge. 5. To the greatest possible degree, necessary and adequate public access will be provided to and along the river by appropriate legal means. b) An aDDlicant DrooosinR to develop multiple-unit dwellings on Drooerties zoned S-RP Riverfront Park Special Area Zone and located within the boundary of the Willamette River Greenway as allowed by EC 9.3710, shall elect to proceed either pursuant to the criteria in subsection (a) or pursuant to the criteria in EC 9.8812. As used in this section, the words "greatest possible degree" are drawn from Statewide Planning Goal 15 (F.3.b.) and are intended to require a balancing of factors so that each of the identified Greenway criteria is protected to the greatest extent possible without precluding the requested use. Goal 15 (C.3.j.) provides that "lands committed to urban uses within the Greenway shall be permitted to continue as urban uses." (3) Interpretation. In the event any of the terms used in these S-RP zone provisions require interpretation, the planning and development director shall be responsible for such interpretation. swoo.- "I06AMM6, ML 9.5750 Telecommunication Devices - Siting Requirements and Procedures. (5) Construction of Transmission Tower. Construction of a transmission tower, or a modification of an existing transmission tower to increase its height, shall be allowed as follows: (d) Prohibited Zones and Locations. No new transmission tower shall be permitted in any zones not included in subparagraphs (a) to (c) above, including the AG, R-2, R-3, R-4, H, NR, and PRO zones; or in the Willamette River Greenway, on Gillespie Butte above the elevation of 450 feet, on the ridgeline as defined in the South Hills Study or on Judkins Point. 9.6885 Tree Preservation and Removal Standards.' ' EC 9.6885 Tree Preservation and Removal Standards (in Purple text) reflects changes made to the existing Eugene Land Use Code during the Clear and Objective (C&0) Code Amendments (City File: CA 20-4). The C&O Amendments were adopted by the Eugene City Council on April 12, 2021, then appealed to the Oregon Land Use Board of Appeals and subsequently remanded to the City, which means the C&O Amendments will not take effect until the remand is resolved. However, the Tree Preservation and Removal Standards were not a focus of the remand, and it is anticipated that the Clear & Objective Code Amendments including, the Tree Preservation and Draft: December 1, 2022 Page 4 of 25 Page 10 of 39 Willamette River Greenway Code Amendments Attachment A (1) Exemptions from Standards. The standards in this section do not apply to activities regulated under EC 9.4900 through 9.4890, or an application for development activity that includes or will result in: (c) Land Use Approvals. Any tree removal on property subject to an approved Ceonditional U44se Ppermit, Pplanned U44nit Ddevelopment, Ssite R-review, s-r Ssubdivision, or Willamette River Gr, - t that includes a tree removal/preservation plan or conditions related to tree removal or retention. In those areas, that plan or city approved modifications thereto control tree removal. This exemption does not apply to the removal of a street tree, which must be authorized by a permit issued pursuant to EC 6.305. (2) Tree Preservation and Removal Standards. The standards in this subsection apply only to land use applications processed under EC 9.8100, EC 9.8325, EC 9.8445, a-Rd EC 9.8520, and EC 9.8812. Unless exempt under subparagraph (bd) below, no permit for a development activity subject to this section shall be approved until the applicant demonstrates compliance with the standards in this subsection. (a) Definitions. For the purposes of this subsection (2), the following definitions apply: 1. Critical Root Zone (CRZ). That area surrounding a tree that has a radius of 12 inches multiplied by the diameter breast height expressed in inches of the tree trunk or trunks. 2. Tree Removal. To fell or sever a tree or to use any procedure the natural result of which is to cause the death or substantial destruction of the tree. Substantial destruction includes actions that destroy more than 20% of the critical root zone of a tree, or topping, or severing the cambial material on 50% or more of the circumference of the tree trunk. Remove does not in any context include those pruning standards as defined in the edition of American National Standards Institute (ANSI) Section A300, Tree, Shrub and Other Woody Plant Maintenance Standard Practices in effect at the time the pruning occurs. (b) For the purposes of this subsection (2), the South Hills Area is defined as all property located within the City's adopted Urban Growth Boundary, above an elevation of 500 feet, and: 1. South of 18th Avenue, 2. South of Franklin Boulevard and East of the intersection of 18th Avenue and Agate Street, or 3. If 18th Avenue were extended from the intersection of 18th Avenue and Willow Creek Road directly west to the Urban Growth Boundary, the area Removal Standards, will be readopted and will take effect prior to the conclusion the Willamette Greenway Code Amendments process. Therefore, the proposed changes for the Willamette River Greenway Code Amendments are shown as changes to Tree Preservation and Removal Standards included in the C&0 Amendments. Purple text represents code that is included the C&0 Amendments; red text shows changes made for the purposes of the Willamette River Greenway Code Amendments. Draft: December 1, 2022 Page 5 of 25 Page 11 of 39 Willamette River Greenway Code Amendments south of that extension of 18th Avenue. Attachment A (c) For the purposes of this subsection (2), the Willamette River Greenway is defined as all lands within the adopted Willamette River Greenway Boundary established by Resolution No. 2592, and the Willamette River Greenway Setback is that area identified on the Willamette River Greenway Setback Map adopted as Exhibit X to Ordinance No. XXXXX. (ed) Exemptions. A proposed development shall be exempt from the requirements of EC 9.6885(2) if any of the following apply: 1. Except as provided in subparagraphs 4. and 5., the area of the development site is less than 20,000 square feet. 2. Except as provided in subparagraph 5., five or fewer significant trees exist on the development site prior to development. 3. Except as provided in subparagraph 5., tThe development site is zoned R-2 Medium- Density Residential, R-3 Limited High-Density Residential, R-4 High Density Residential, GO General Office, C-2 Community Commercial, or C-3 Major Commercial zones. 4. Notwithstanding subparagraph 1., development sites that include property at or above 900 feet elevation are subject to the requirements of EC 9.6885(2), regardless of the area of the development site. 5. Notwithstanding subparagraphs 1. through 4. above, any portion of a development site located within Willamette River Greenway Tree Preservation Zones 1-3, as depicted on Figure 9.6885(2)(e), shall be subject to the requirements of EC 9.6885(2). (dje Tree Preservation Requirements. Unless adjusted per EC 9.8030(13), significant trees must be preserved in accordance with the requirements of Table 9.6855(2)(dJe. Minimum preservation is based on the total existing Diameter Breast Height (d.b.h.) of significant trees within each specific location category prior to development. Maximum mitigation is the percentage of the minimum preservation that may be mitigated according to subsection 2. below. Table 9.6885(2)(ed) Tree Preservation and Mitigation Location Category Minimum Preservation Maximum Mitigation Outside the South Hills Area 40% 100% Within the South Hills Area, between 500 feet and 900 feet elevation 50% 50% Within the South Hills Area, at or above 900 feet elevation 50% 0% Willamette River Greenway Tree Preservation Zone 1 (See Figure 50% 9.6885(2)(e)) Willamette River Greenway Tree Preservation Zone 2 (See Figure 9.6885(2)(e)) Draft: December 1, 2022 Page 6 of 25 Page 12 of 39 Willamette River Greenway Code Amendments Attachment A Willamette Rig 100% 9.6885(2)(e)) A Tree Preservation and Removal Plan is required except as provided in EC 9.6885(2)(ed) or EC 9.6885(2)(ed)3. The plan must be prepared by a certified arborist, licensed landscape architect, licensed engineer, or licensed surveyor and shall provide the following: a. A table, organized by the location categories listed in Table 9.6885(2)(de), listing all significant trees on the development site and including the following information for each listed tree: (1) Diameter Breast Height (d.b.h.) (2) Preservation, removal, or mitigation status (3) Common name, genus and species b. A site plan that includes the following information: (1) The locations of all significant trees on the development site, the Diameter Breast Height (d.b.h.) for each significant tree, whether each significant tree is to be preserved, removed, or mitigated according to EC 9.6885(2)(ed)2., and the location of the critical root zone (CRZ) for each significant tree to be preserved. (2) The location of all existing and/or proposed public and private utility easements, driveways, and areas of grading or excavation on the development site. (3) The location of all existing development on the site as well as the location of development proposed in the land use application that triggers the requirement for a Tree Preservation and Removal Plan. (4) Proposed lot or parcel boundaries. (5) For development sites with any portion located within the South Hills Area, identification of areas at or above 500 feet elevation and areas at or above 900 feet elevation. c. A written statement from a certified arborist or licensed landscape arch itect that the Tree Preservation and Removal Plan meets EC 9.6885(2)(e4) Tree Preservation Requirements. If the Tree Preservation and Removal Plan is prepared by a certified arborist or licensed landscape architect, then the written statement otherwise required by this subparagraph is not required. 2. Mitigation. An applicant may elect to mitigate a portion of the minimum preservation of significant trees on the development site as provided below: a. The maximum d.b.h. that can be mitigated shall be based on location category as provided in Table EC 9.6885(2)(4e) Tree Preservation and Mitigation. b. Proposed subdivisions in areas outside of the South Hills Area and outside of the Willamette River Greenway Boundary may mitigate up to 100% of the minimum tree preservation requirement by either: (1) Providing that lots up to 7,000 square feet in area will contain a minimum of two trees and lots 7,000 square feet or more will contain a minimum of three trees; or, Draft: December 1, 2022 Page 7 of 25 Page 13 of 39 Willamette River Greenway Code Amendments Attachment A (2) Providing one replacement tree for each significant tree designated for mitigation. c. Required mitigation may only occur within the Willamette River Greenway Setback if the proposed trees to be planted are selected from the native trees included on the City's adopted list of plant species for sites at or below 500 feet in elevation, attached as Exhibit F to Ordinance No. 20351. de. Installation and Maintenance. Unless otherwise specified, each significant tree designated for mitigation must be replaced with one tree selected from the approved species listed in Table 9.6885(2)(ed)2 within one year from the date of removal or prior to final occupancy, whichever is later. Trees planted in accordance with subparagraph 2 e 2.b.b414 must be planted prior to final occupancy. At the time of planting, deciduous trees used for replacement must have a minimum diameter of 2 inches and evergreen trees used for replacement must be a minimum of 5 feet in height as measured according to the 2014 edition of the American Standard for Nursery Stock (ANSI Z60.1), published by the American Nursery and Landscape Association. AAn mitigation trees to be planted within the Willamette River Greenway Setback shall be selected from the native trees included on the City's adopted list of plant species for sites at or below 500 feet in elevation, attached as Exhibit F to Ordinance No. 20351. de. The maximum mitigation allowance may be adjusted in accordance with EC 9.8030(13). Table 9.6885(2)(de)2. Approved Species List Genus and Species I Common Name Abies koreana Silver Korean Fir Abies pinsapo Spanish Fir Acer circinatum Vine Maple Acer ginnala Amur Maple Acer glabrum var. douglasii Rocky Mountain Maple Acer griseum Paperbark Maple Acer macrophyllum Big Leaf Maple Acer rubrum Red Maple Acer saccharum Sugar Maple Alnus rhombifolia White Alder Alnus rubra Red Alder Amelanchier alnifolia Pacific Serviceberry Arbutus menziesii Pacific Madrone Arbutus unedo Strawberry Madrone Arbutus 'Marina' Marina Strawberry Tree Betula nigra River Birch Calocedrus decurrens Incense Cedar Draft: December 1, 2022 Page 8 of 25 Page 14 of 39 Willamette River Greenway Code Amendments Attachment A Table 9.6885(2)(Ce)2. Approved Species List Genus and Species Common Name Carpinus betulus European Hornbeam Carpinus caroliniana American Hornbeam Castanopsis cuspidate Japanese Chinquapin Catalpa speciose Northern Catalpa Cedrus atlantica Atlas Cedar Cedrus deodara Deodar Cedar Cedrus libani Cedar of Lebanon Celtis occidentalis Common Hackberry Cercidiphyllum japonicum Katsura Tree Chrysolepis chrysophylla Golden Chinquapin Cinnamomum chekiangense Camphor Tree Cornus nuttallii Pacific Dogwood Corylus colurna Turkish Filbert Cupressus arizonica Arizona Cypress Cupressus bakeri Modoc Cypress Cupressus leylandii Leyland Cypress Fraxinus latifolia Oregon Ash Fraxinus ornus Flowering Ash Ginkgo biloba (fruitless cultivars only) Ginkgo Koelreuteria paniculate Goldenrain Tree Maackia amurensis Maackia Nyssa sylvatica Tupelo, Black Gum Ostrya virginiana American Hophornbeam Oxydendrum aroboreum Sourwood Parrotia persica Persian Ironwood Picea smithiana Morinda Spruce Pinus ponderosa Ponderosa Pine Pinus ponderosa var. benthamania Willamette Valley Ponderosa Pine Pinus wallichiana Himalayan Pine Pistacia chinensis Chinese Pistachio Platanus acerifolia London Plane Prunus virginiana Chokecherry Pseudotsuga menziesii Douglas Fir Quercus acutissima Sawtooth Oak Quercus agrifolia Coast Live Oak Quercus alba White Oak Quercus bicolor Swamp White Oak Quercus chrysolepis Canyon Live Oak Draft: December 1, 2022 Page 9 of 25 Page 15 of 39 Willamette River Greenway Code Amendments Attachment A Table 9.6885(2)(Ce)2. Approved Species List Genus and Species Common Name Quercus douglasii Blue Oak Quercus frainetto Hungarian Oak Quercus gambelii Gambel Oak Quercus garryana Oregon White Oak Quercus hypoleucoides Silver Oak Quercus ilex Holly Oak Quercus kelloggii California Black Oak Quercus lobate Valley Oak Quercus macrocarpa Bur Oak Quercus myrsinifolia Chinese Evergreen Oak Quercus palustris Pin Oak Quercus phellos Willow Oak Quercus rubra Red Oak Quercus shumardii Shumardii Oak Quercus suber Cork Oak Quercus wislizeni Interior Live Oak Rhamnus purshiana Cascara Buckthorn Salix lucida ssp. Lasiandra Pacific Willow Salix scouleriana Scouler's Willow Sciadopitys verticillate Japanese Umbrella Pine Sequoia sempervirens Coast Redwood Sequoiadendron giganteum Giant Sequoia Stewartia pseudocamellia Stewartia Styrax japonicus (japonica) Japanese Snowbell Taxodium distichum Bald Cypress Taxus brevifolia Pacific Yew Thuja plicata Western Red Cedar Tilia Americana American Linden Tilia cordata Little Leaf Linden Tilia tomentosa Silver Linden Tsuga canadensis Canadian Hemlock Tsuga heterophylla Western Hemlock Tsuga mertensiana Mountain Hemlock Tsuga sieboldii Southern Japanese Hemlock Ulmus americana American Elm Ulmus carpinifolia Smoothleaf Elm Ulmus parvifolia Chinese Elm Ulmus propinqua Japanese Elm Draft: December 1, 2022 Page 10 of 25 Page 16 of 39 Willamette River Greenway Code Amendments Attachment A Table 9.6885(2)(d )2. Approved Species List Genus and Species Common Name Umbellularia californica California Bay Laurel Zelkova serrata Zelkova Tree Preservation Area Alternative. A Tree Preservation and Removal Plan is not required if the applicant chooses to preserve at least 50 percent of the total existing d.b.h. of significant trees on the development site within one or more tree preservation area(s) and the following requirements are met: (1) Tree preservation area(s) must be delineated and shown on a site plan submitted for approval by the City. (2) Applicant must provide written certification from a certified arborist or licensed landscape architect stating that the area(s) designated for tree preservation include(s) at least 50 percent of the total existing d.b.h. of significant trees on the development site. A 4 installed by the applicant and inspected by the City prior to beginning any development activities. All protective tree fencing must remain in place until completion of all construction activities; any relocation, removal, or modification of the protective fencing shall only occur under the direction of a certified arborist and a written explanation of the reason for the relocation, removal, or modification of the protective fencing from the certified arborist must be provided to the City." b. "At the time of building permit, a site plan in compliance with the approved tree preservation and removal plan is required." C. "No excavation, grading, material storage, staging, vehicle parking or other construction activity shall take place within protective tree fencing areas." d. "The removal of trees not designated to be preserved is optional; removal may occur at the owner's discretion." e. "Any tree designated for mitigation must be replaced with one tree selected from the approved species listed in Table 9.6885(2)(4e)2 (3) No trees within the Willamette River Greenway Setback may count toward the 50 percent preservation requirement. b. Mitigation is not allowed when the Tree Preservation Area Alternative is used to meet tree preservation requirements, except as approved through an adjustment review according to EC 9.8030(13). Protection Standards. The following notes must be included on the final plan set submitted for approval by the City and shall apply at the time of development: a "Protective fencing for trees identified to be preserved shall be Draft: December 1, 2022 Page 11 of 25 Page 17 of 39 Willamette River Greenway Code Amendments Attachment A within one year from the date of removal or prior to final occupancy, whichever is later. At the time of planting, deciduous trees used for replacement must have a minimum diameter of 2 inches and evergreen trees used for replacement must be a minimum of 6 feet in height as measured according to the 2014 edition of the American Standard for Nursery Stock (ANSI Z60.1), published by the American Nursery and Landscape Association. Maintenance of replacement trees is the ongoing responsibility of the property owner." "In the event a tree designated to be preserved must be removed because it is dead, diseased, dying, or hazardous, documentation of the tree's dead, diseased, dying, or hazardous condition by a certified arborist must be provided to the City prior to tree removal. The tree must be replaced with one replacement tree selected from the approved species list in Table 9.6885(2)(4e)2. At the time of planting, deciduous trees used for replacement must have a minimum diameter of 2 inches and evergreen trees used for replacement must be a minimum of 6 feet in height as measured according to the 2014 edition of the American Standard for Nursery Stock (ANSI Z60.1), published by the American Nursery and Landscape Association. Maintenance of replacement trees is the ongoing responsibility of the property owner." (ef) Street Tree Removal. If the proposal includes removal of any street tree(s), removal of those street trees has been approved, or approved with conditions according to the process at EC 6.305 Tree Felling Prohibition. 9.7030 Recordation of Certain City Decisions. (9) Willamette Liver Greenway -permit and any modifications. 9.7055 Applications and Review Authorities. Table 9.7055 Applications and Review Authorities R = Recommendation, D = Decision Maker, A = Appeal Review Authority Draft: December 1, 2022 Page 12 of 25 Page 18 of 39 Willamette River Greenway Code Amendments Attachment A Historic Planning Hearings Planning City Application Type Review Director Official Commission Council Board Willamette River III D A Greenway Permit= Clear and Oblective Willamette River III D A Greenway Permit - General Willamette River II D A Greenway Permit, Modification 9.7305 Type III Application Requirements and Criteria Reference. Draft: December 1, 2022 Page 13 of 25 Page 19 of 39 Willamette River Greenway Code Amendments Attachment A (f) For final partitions, final subdivisions, and final PUDs, to interested parties of record from the tentative decision. (g) For modification applications, to persons who requested notice of the original application that is being modified. h) For Willamette River Greenway Permit modification applications, to the Oregon Department of Transportation and Oregon Parks and Recreation Department, by certified mail. return receiat reauested. 9.7220 Notice of Decision. (1) Within 5 days after the planning director renders a decision, notice of the decision shall be mailed to the following: (a) Applicant. (b) Owner and occupants of the subject property. (c) Neighborhood group or community organization officially recognized by the city that includes the area of the subject property. (d) Any group or individual who submitted written comments during the comment period. (e) Those groups or individuals who requested notice of the decision. (f) Property owners and occupants of property located within 300 feet of the perimeter of the subject property. (e) For d 9.7305 Type III Application Requirements and Criteria Reference. 14 Table 9.7305 Type III Application Requirements and Criteria Type III Applications Beginning Reference Adjustment Review (when part of a Type III Application) EC 9.8015 Conditional Use Permits (CUP) EC 9.8075 Historic Landmark Designation EC 9.8150 Planned Unit Development, Tentative Plan EC 9.8300 Willamette River Greenway Permit - Clear and EC 9.8800 Objective Willamette Greenway Permit EC 9.8800 Draft: December 1, 2022 Page 14 of 25 Page 20 of 39 Willamette River Greenway Code Amendments Attachment A Zone Changes* EC 9.8850 9.7315 Public Hearing Notice. (2) At least 30 days prior to the hearing, written notice of the public hearing and the nature of the request shall be mailed to all of the following: (f) For Willamette River Greenway Ppermits, public hearing notice shall also be provided to the Oregon Department of Transportation and Oregoi, -,,u Recreation Department, certified mail, return receipt requested. 9.7335 Notice of Decision. i-j (e) For Willamette River Greenway Ppermits, to the Oregon Department of Transportation and Oregon Parks and Recreation DE 9.7340 Expiration. (4) Unless the decision specifies otherwise, a Willamette River Greenway Ppermit approval shall expire 18 months after the effective date of approval unless actual construction or alteration has begun under a required permit, or in the case of a permit not involving construction or alteration, actual commencement of the authorized activity has begun. However, the applicant may submit a modification application at any time before the 18- month period has expired, requesting an extension of the approval period. The applicant may request more than one extension. Under no circumstances, however, can the total combined extension periods exceed 36 months from the original expiration date. Within S- DR, upon approval of a Willamette River Greenway Permit concurrently with Type V code amendments and other plan amendments, plan adoption, or zone change; the Willamette River Greenway Ppermit shall remain in effect so long as the S-DR zone remains in effect. 9.7605 Filing of Appeal of Planning Director's Decision. (1) Within 12 days of the date of the mailing of the planning director's decision, the decision may be appealed to the hearings official or historic review board according to the appeal Draft: December 1, 2022 Page 15 of 25 Page 21 of 39 Willamette River Greenway Code Amendments Attachment A review authority specified in Table 9.7055 Applications and Review Authorities by the following: (a) Applicant. (b) Owner of the subject property. (c) Neighborhood group officially recognized by the city that includes the area of the subject property. (d) Any person who submitted written comments in regards to the original application. (e) A person entitled to notice of the original application. (f) A person adversely affected or aggrieved by the initial decision. (2) The appeal shall be submitted on a form approved by the city manager, be accompanied by a fee established pursuant to EC Chapter 2, and be received by the city no later than 5:00 p.m. of the 12th day after the notice of decision is mailed. The record from the planning director's proceeding shall be forwarded to the appeal review authority. New evidence pertaining to appeal issues shall be accepted. (3) The appeal shall include a statement of issues on appeal ^^d- h^';mited- to the issueS Sed n the appeal.. The appeal statement shall explain specifically how the planning director's decision is inconsistent with applicable criteria. Appeals of planning director decisions on applications for permit as defined in Uh,, -..-,)ter 227 shall not be limited to the issued raised in armlicati 9.7615 Public Hearing Notice. (3) At least 20 days prior to the hearing, written notice shall be mailed to all of the following: (a) Applicant. (b) Owner of the subject property. (c) Appellant. (d) Neighborhood group or community organization officially recognized by the city that includes the area of the subject property. (e) Any person who provided written comments prior to the close of the public comment period. (f) Owners of property within 100 feet of the perimeter of the subject property. Draft: December 1, 2022 Page 16 of 25 Page 22 of 39 Willamette River Greenway Code Amendments Attachment A (g) For Willamette River Greenwav Permit modifications, public hearing notice shall also be provided to the Oregon Department of Transportation and Oregon Parks and Recreation Department. 9.7635 Notice of Decision. (4) Within 5 days after a decision by the appeal review authority is rendered, notice of the decision shall be mailed to all of the following: (a) Applicant. (b) Owner of the subject property. (c) Appellant. (d) Any person who provided oral or written testimony in a timely manner during the hearing procedures. (e) Any person who requested notice of the appeal decision. (5) At least 10 days prior to the hearing, written notice of the hearing shall be mailed to the following: (a) Applicant. (b) Owner of the subject property. (c) Appellant. (d) Neighborhood group or community organization officially recognized by the city that includes the area of the subject property. (e) Any person who submitted written comments in regards to the original application. (f) Any person who requested notice of the previous decision or of the appellate hearing. For Willamette River Greenwav Permits, public hearing notice shall also be provided to the Oregon Department of Transportation and Oregon Parks and Recreation Department. Draft: December 1, 2022 Page 17 of 25 Page 23 of 39 Willamette River Greenway Code Amendments 9.7685 Notice of Decision. Attachment A (6) Within 5 days after the planning commission's decision is rendered, written notice of the decision shall be mailed to all of the following: (a) Applicant. (b) Owner of the subject property. (c) Appellant. (d) Any person who provided oral or written testimony in a timely manner during the hearing procedures. (e) Any person who requested notice of the appeal decision. (f) For Willamette River Greenway Permits, notice of the decision shall also be provided to the Oregon Department of Transportation and Oregon Parks and Recreation Department. 4%6h, 1% 9.8005 Applicability and Effect of Application Requirements, Criteria, and Concurrent Review. (2) If an initial proposal also requires an application be submitted for one or more of the following: (e) Willamette River Greenway permit; or 9.8030 Adjustment Review - Approval Criteria. The planning director shall approve, conditionally approve, or deny an adjustment review application. Approval or conditional approval shall be based on compliance with the following applicable criteria. (13) Tree Preservation and Removal Standards Adjustment.' I EC 9.6885 Tree Preservation and Removal Standards (in purple text) reflects changes made to the existing Eugene Land Use Code during the Clear and Objective (C&O) Code Amendments (City File: CA 20-4). The C&O Amendments were adopted by the Eugene City Council on April 12, 2021, then appealed to the Oregon Land Use Board of Appeals and subsequently remanded to the City, which means the C&O Amendments will not take effect until the remand is resolved. However, the Tree Preservation and Removal Standards were not a focus of the remand, and it is anticipated that the Clear & Objective Code Amendments including, the Tree Preservation and Removal Standards, will be readopted and will take effect prior to the conclusion the Willamette Greenway Code Amendments process. Therefore, the proposed changes for the Willamette River Greenway Code Amendments are Draft: December 1, 2022 Page 18 of 25 Page 24 of 39 Willamette River Greenway Code Amendments Attachment A The minimum tree preservation requirement and maximum mitigation allowance of EC 9.6885(2) may be adjusted if one of the conditions listed in subparagraph (a) below applies and the proposed design complies with the criteria in subparagraphs (b) +"F^ (e): (a) Conditions. To qualify for an adjustment, one of the following conditions must apply: 1. Strict compliance with tree preservation and removal standards is not feasible due to other requirements of this code or existing site constraints such as topography or other natural features; or, 2. An adjustment to the minimum tree preservation and/or mitigation requirement is necessary in order to achieve a net density greater than 75 percent of the maximum net density for the applicable zone alley.se I , ^d-^r+hiS I„"d , ed or, 3. The existing trees required to meet the minimum preservation requirement are unlikely to survive the level and type of anticipated development due to susceptibility to windthrow or other natural causes of failure. (b) Criteria. To qualify for an adjustment, the proposed design must meet the following criteria: 1. The proposed reduction min the minimum tree preservation requirement or increase in mitigation allowance is necessary to accommodate a reasonable level of development. In no case shall the minimum tree preservation requirement be reduced below 30% for areas at or above 900 feet elevation and areas within the Willamette River Greenway Tree Preservation Zone 1, as depicted on Figure 9.6 tc+ Except for areas at or above 900 feet elevation within the Willamette River Greenway Tree Preservation Zone 1 as depicted on Figure 9.6885(2)(e), proposals may mitigate up to 100% of the minimum tree preservation requirement if the following requirements are met: A-1. For proposed subdivisions, new trees must be planted so that lots up to 7,000 square feet in area will contain a minimum of two trees and lots 7,000 square feet or more will contain a minimum of three trees. B-2. For all other developments, the proposed design must provide one tree per dwelling unit. -New tFees planted to Meet subseetie-n 1- A-1, 2. abeve aFe subject te the requirements at EC 9.6885(2)(2d)2.e. lnst.allatie-n and- Maintenance. Trees planted te meet appliGable develelame-M Site that -;;Pp- undeff -9 OPr--hP-1-; Dia.m.eter BFeast Height (d.b.h.) and listed Tabl., d G44Cl71/.,iJ1~ nppreyed Speeies List m be designated fer p ,atien and 4. For areas at or above 900 feet elevation, and areas within the Willamette River Greenway Tree Preservation Zone 1 as depicted on Figure 9.6885(2)(e), mitigation is limited to 10% of the minimum preservation requirement. 5. For areas within the Willamette River Greenway Tree Preservation Zone 2 as depicted on Figure 9.6885(2)(e), mitigation is limited to 20% of the minimum preservation requirement. 6. New trees planted to meet mitigation requirements are subject to the requirements shown as changes to Tree Preservation and Removal Standards included in the C&O Amendments. Purple text represents code that is included the C&O Amendments; red text shows changes made for the purposes of the Willamette River Greenway Code Amendments. Draft: December 1, 2022 Page 19 of 25 Page 25 of 39 Willamette River Greenway Code Amendments Attachment A at EC 9.6885(2)(e)2.c. Installation and Maintenance. 7. Trees planted to meet applicable landscape standards may be counted toward mitigation requirements. 8. Except as provided in subparagraph (9), existing trees that are located on the development site may be designated for preservation and counted toward mitigation requirements in lieu of planting new trees if: A. The tree measures under 8-inches Diameter Breast Height (d.b.h.); and B. The tree is listed in Table 9.6885(2)(e)2. Approved Species List. 8. The provisions of subparagraph (8) do not apply to portions of a development site located within the Willamette River Greenway. Existing trees may be designated for preservation and counted toward mitigation requirements in lieu of planting new trees if: A. The tree measures under 8-inches Diameter Breast Height (d.b.h.); B. The tree is a species included on the Cit, sites at or below 500 feet in d list of plant species for s Exhibit F to Ordinance No. 20351; and C. The tree is located on the development site and within the Willamette Greenway Boundary but outside of the Willamette River Greenway Setback. No existing trees located within the Willamette River Greenway Setback may count toward mitigation reauirements. c) For purposes of EC 9.8030(13): 1. "Willamette River Greenwav" means all lands within the adopted Willamette River Greenway Boundary established by Resolution No. 2592. "Willamette River Greenway Setback" is that area identified on the Willamette River Greenwav Setback Map adopted as Exhibit X to Ordi 9.8800 Purpose of Willamette River Greenway Permits The purpose of Willamette River (-,rPPnway Per-- to implement Oregon Statewide Planning Goal 15, Willamette River Greenway, which is designed to protect, conserve, enhance, and maintain the natural, scenic, historical, agricultural, economic, and recreational qualities of lands along the Willamette River. Urban uses may be allowed but cenditieRs of appreval may be impesedas, aire deperned necessary to the purpose and intent .,f the Will-„ti ette River Greenway, and to inr-rp intensification of uses, On use, nhanges r .devel.,n., ents *th*n +h., Well-,.. ette GFeen,. ay nearby uses ,.,;+h;n the `.'llam'a^'=reepm,, Protection, conservation, enhancement, and maintenance of the aualities of lands within the Willamette River Greenwav is achieved throueh the followine measures, (1) Review of intensification of uses, changes in use, and developments proposed within the boundaries of the Willamette River Greenway. Imposition of conditions of approval as necessary to carry out the purpose and intent of the Willamette River Greenway. Draft: December 1, 2022 Page 20 of 25 Page 26 of 39 Willamette River Greenway Code Amendments 9.8805 Willamette River Greenway Permits - Applicability Attachment A Willamette River Greenway permit applications are required for intensification of uses, changes in use, or developments within the boundaries of the Willamette River Greenway acceFd*Rg established byte Resolution No. 2592 Adopting a Willamette River Greenway Boundary. `^1611- Metre Greenway per pFeeeduFes Rqay apply te Site Review applicatiens when Site- F&.4p-W @ppFeval is Fequired On additien te 9.8810 r_,..., Fal o,.quir-,,.....ents Willamette River Greenway Permits - Application Requirements (1) Willamette River Greenway Permit applications shall be considered in accordance with the Type III application procedures contained in EC 9.7000 through EC 9.7340 7835 Application Procedures, unless considered concurrently with a Type IV or Type V application. (2) If the intensification of use, change in use, or development that triggers the requirement for a Willamette River Greenway Permit includes or proposes housing, the written statement submitted with the Willamette River Greenway Permit application shall clearly state whether the applicant is electing to proceed under the Clear and Objective approval criteria in EC 9.8812. or whether the apDlicant is electine to Droceed under the General approval criteria in EC 9.88 (-23) No development permit shall be issued by the city when a Willamette River Greenway Permit is required for a proposed development until the Willamette River Greenway Permit has been approved and becomes effective. Development permits shall be consistent with the terms and conditions of that Willamette River Greenway Permit. 9.8811 Willamette River _CI 2) The Willamette River Greenwav Setback is only applicable when the applicant elects to proceed under the Clear and Obiective approval criteria in EC 9.8812. Greenway Setback Map adopted as Exhibit X to Ordinance No. XXXXX. 4) No structures, other than the structures listed in subsection (4) may be built within the Willamette River Greenwav Setback. 5) For Durposes of review under the Clear and Obiective aDDroval criteria at EC 9.8812. the Citv has determined that pedestrian paths and/or public accessways that are proposed or otherwise required pursuant to EC 9.8812(4) are the only structures within the Willamette Greenway Setback necessary to support water-related and/or water-dependent uses; therefore, pedestrian paths and/or public accessways that are proposed or otherwise required pursuant to Draft: December 1, 2022 Page 21 of 25 Page 27 of 39 Willamette River Greenway Code Amendments Attachment A EC 9.8812(4) are the only new structures that may be constructed within the Willamette River Greenway Setback pursuant to a Willamette River Greenway Permit approved under EC 9.8812. 9.8812 Willamette River Greenwav Permit Anaroval Criteria - Clear and Obiective Unless an applicant proposing an intensification of use, change in use, or development that proposes or includes housing elects to use the General criteria contained in EC 9.8815, approval, approval with conditions, or denial of a Willamette River Greenway Permit that proposes or includes housing shall be based solely on compliance with the following approval criteria: (1) Greenway Setback. a) The application shall include a site p Willamette River Greenwav Setback Willamette River Greenway an that clearly dep on the subiect prol Map referenced at As the location of the as shown on the 11 (b) Consistent with the requirements of EC 9.8811(4), the application shall not propose any new structures located within the Willamette River Greenway Setback except (2) Building Facade. a) For any new buildings, the maximum length of any building feet of the Willamette River Greenway Setback is 75 feet. (3) Landscaping. ade located within 10( a) A landscape area that meets the reauirements of EC 9.6210 Low Screen Landscape 9.8030(3)(c). c) Fences are not permitted within the Willamette River Greenway Setback. Fences located on property located within Willamette River Greenway Boundary and within 300 feet of the Willamette River Greenway Setback may not be constructed of barbed wire, chain link fencing, or cyclone fencing and must be at least 50 percent open (unobstructed to both liiaht and air) to allow views through the fence. The landscape area required by subparagraph (a) must be planted exclusively with native plants included on the City's adopted list of plant species for sites at or below 500 feet in elevation, attached as Exhibit F to Ordinance No. 20351. (4) Access. Draft: December 1, 2022 Page 22 of 25 Page 28 of 39 Willamette River Greenway Code Amendments Attachment A (a) The following standards apply to any proposed housing that will result in 5 or more dwelling units on one development site: 1. Where the development site abuts publicly owned land, on-site pedestrian paths shall be provided from the property line nearest to the Willamette River to main building entrances. Where required, these on-site pedestrian paths shall be a minimum of 3 feet wide, and be constructed of concrete, asphalt, or any pervious surface that complies with the Americans with Disabilities Act, unless adjusted in accordance with EC 9.8030(22). 2. Where the development site is located more than 500 feet from a public access point shown on Exhibit X to Ordinance No. XXXXX, the City may require the dedication and improvement of a public accesswav. consistent with the standards at EC 9.6805, extending from the property line of the development site to existine public wavs that provide a connection to or aloniz the Willamette River. The public accesswav shall be a minimum 10 feet in width, constructed in accordance with public improvement standards. For purposes of this subsection "within 500 feet" means a straight-line measurement between any point on the perimeter of the development site and the closest public access point shown on Exhibit X to Ordinance No. XXXXX. (5) Tree Preservation. Tree preservation is required in accordance with the applicable provisions of EC 9.6885(2), Tree Preservation and Removal Standards. 9.8815 Willamette River Greenway Permit Approval Criteria - General (3) The intensification, change of use, or development will conform with applicable Willamette River Greenway policies as set forth in the Metro Plan. (4) In areas subject to the Willakenzie Area Plan, the intensification, change of use, or development will conform with that plan's use management considerations. (5) In areas not covered by subsection (4) of this section, the intensification, 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 River Greenway. Setback lines need not apply to Draft: December 1, 2022 Page 23 of 25 Page 29 of 39 Willamette River Greenway Code Amendments Attachment A water related or water dependent a es uses as defined in the GFegen statPIA00HP oi""^iRg GE)ai.- aAd- (GAR 660 15.000 et q4K 9.0500. b. Protection of significant fish and wildlife habitats as identified in the Metropolitan Plan Natural Assets and Constraints Working Paper. Sites subsequently determined to be significant by the Oregon Department of Fish and Wildlife shall also be protected. c. Protection and enhancement of the natural vegetative fringe along the Willamette River to the maximum extent practicable. d. Preservation of scenic qualities and viewpoints as identified in the Metropolitan Plan Natural Assets and Constraints Working Paper. e. Maintenance of public safety and protection of public and private property, especially from vandalism and trespass in both rural and urban areas to the maximum extent practicable. f. Compatibility of aggregate extraction with the purposes of the Willamette River Greenway and when economically feasible, applicable sections of state law pertaining to Reclamation of Mining Lands (ORS Chapter 517) and Removal of Material; Filling (ORS Chapter 541) designed to minimize adverse effects to water quality, fish and wildlife, vegetation, bank stabilization, stream flow, visual quality, noise, safety, and to guarantee necessary reclamation. g. Compatibility with recreational lands currently devoted to metropolitan recreational needs, used for parks or open space and owned and controlled by a general purpose government and regulation of such lands so that their use will not interfere with adjacent uses. 6) The proposed development is designed and sited to minimize impacts to the natural environment by addressing the following: a) Tree Preservation. Significant trees are preserved to the greatest possible degree, with trees having the following characteristics given the highest priority for preservation: Healthv trees that have a reasonable chance of survival considering the base zone or 4. Trees that provide a buffer between potentially incompatible land uses; 5. Trees located along the perimeter of the lot(s) and within building setback areas: 6. Trees and stands of trees located along or within view from the river; 7. Trees with significant habitat value; 8. Trees adjacent to public parks, open space and streets; Draft: December 1, 2022 Page 24 of 25 Page 30 of 39 Willamette River Greenway Code Amendments 9. Trees located along a water feature; and, 10. Heritage trees. Attachment A (b) Restoration or Replacement. The proposal mitigates, to the greatest possible degree, the loss of significant trees and vegetation through restoration or rer lacement. as follows: 1. Planting of replacement trees along stream corridors, or within common areas; or, 2. Restoration offish and wildlife habitat. native Dlant habitat. wetland areas, and riparian vegetation. (7) As used in this section, the words "the greatest possible degree" are drawn from Oregon Statewide Planning Goal 15 (F.3.b.) and are intended to require a balancing of factors so that each of the identified Willamette River Greenway criteria is met to the greatest extent possible without precluding the requested use. (86) When site review approval is required, the proposed development will be consistent with the applicable site review criteria. (9-7) The proposal complies with all applicable developrr t. standards for featurf explicitly addFessed included in the application. An approved adjustment to a standard pursuant to provisions beginning at EC 9.8015 of this land use code constitutes compliance with the standard. 9.8825 Modifications to a Willamette Ri Greenway Permit. After the effective date of appreval ef final plan-9 Willamette River Greenway Permit approval, modifications to the appre ed final ^'^R5 ~ 'er Greenway Permit, as provided in EC 9.723 may be considered in accordance with the Type II Application Procedures contained in EC 9.7200 through EC 9.7230. The planning director shall decide whether to grant the requested modification based on the following criteria: (1) The modification will be consistent with the conditions of the original approval; and (2) The modification will result in insignificant changes in the physical appearance of the development, the use of the site, and impact on the surrounding properties. If determined to be consistent with the above criteria, the planning director shall approve the request. The applicant retains the ability to submit the requested modification as a new Willamette River Greenway permit application based on the Type III procedural requirements. Nothing in this land use code shall preclude the applicant from initially submitting the requested modification as a new Willamette River Greenway permit application. Draft: December 1, 2022 Page 25 of 25 Page 31 of 39 Attachment A Figure DRAFT 9.6885(2) Willamette River Greenway Tree Preservation Zones - _ 300' 100 Feet 200' - 100 (IFeet ! . . . 100' . _ i Greenway Setback Area . . . . (See EC 9.8811 100 Feet Top of Bank Top of Bank Edge of Water Greenway Setback (See EC 9.8811) 1~ Room Top of Bank . . . . . . Greenway Setback Area (See EC 9.8811) . . . . . . . . - 1OO.Feet . 100' - . - - - - - - - - - - - - - - 100 Feet 200' ~ 100 Feet _ 300' Willamette River Greenway Tree Preservation Zones are only applicable within the boundary Page 32 of 39 of the Willamette River Greenway Attachment B CAMERON MCCARTHY LANDSCAPE ARCHITECTURE & PLANNING MEMORANDUM To: Gabe Flock, Principal Planner Jeff Gepper, Senior Planner From: Colin McArthur, AICP Date: December 22, 2022 Subject: Willamette River Greenway Code Amendments (CA 22-1) Tree Preservation & Access Standards INTRODUCTION The intent of this memorandum and supporting figures is to expand upon and illustrate how the modified Tree Preservation and Removal Standards at EC 9.6885 and the Willamette River Greenway Access Standards at EC 9.8812(4) function to enhance, preserve, and protect trees within the Willamette River Greenway and, to expand public access to the bicycle and pedestrian path network to and along the river. TREE PRESERVATION/MITIGATION FIGURE The proposed code amendments modify the Tree Preservation and Removal Standards at EC 9.6885 to apply to land use applications within the Willamette River Greenway. EC 9.6885(2)(e) is amended to establish three Tree Preservation and Removal Zones (Zone 1, Zone 2, and Zone 3) with minimum preservation and maximum mitigation. These zones are designed to have higher levels of tree preservation within closer proximity to the Willamette River, which is a similar model to the previously approved tree preservation standards for the South Hills Area. As the standards include new requirements, the attached Tree Preservation and Mitigation Example Site (see Figure A) was created for the purpose of illustrating how the proposed preservation and mitigation standards would operate in the context of a land use application for a Willamette River Greenway Permit under the new clear and objective standards. As proposed, EC 9.6885(2)(e)1. requires a Tree Preservation and Removal Plan that includes the following: • A table listing all significant trees on the development site, along with their size, species, and status (preservation, removal, or mitigation); • A site plan, showing tree locations, sizes, and status; • Any existing and proposed development; and, • Lot or parcel boundaries. CARURWPkCARTHY 1 Attachment B WG Code Amendments (CA 22-1) Code Figures Description December 22, 2022 The illustrative figure shows a hypothetical development scenario on the River Road corridor abutting the Willamette River that includes a 70 unit residential building, access drive, and surface parking lot on a rectangular site encompassing all three proposed Tree Preservation Zones and the Willamette River Greenway Setback Area. The figure demonstrates the steps needed to prepare a site plan that complies with EC 9.6885(2)(e)1.b., as illustrated by the keynotes (as numbered and highlighted on the attached figure), and briefly summarized below: • Step 1: Identify trees to be preserved in each zone (see keynote 1 - Yellow). o Zone 3. Three existing trees are proposed for preservation. The total DBH of preservation trees is 110", which is below minimum preservation requirement of 40% (120" DBH). The maximum mitigation is 100%. o Zone 2. Two existing trees are proposed for preservation. The total DBH of preservation trees is 80", which is below the minimum preservation requirement of 50% (100"). The maximum mitigation is 50%. o Zone 1. Six existing trees are proposed for preservation. The total DBH of preservation trees is 80", which exceeds the minimum preservation requirement of 50% (50" DBH). No mitigation is allowed • Step 2: Identify trees to be removed in each zone (see keynote 2 - Light Orange). o Zone 3. Nine existing trees are proposed for removal. The total DBH of removal trees is 160". o Zone 2. Four existing trees are proposed for removal. The total DBH of removal trees is 120" o Zone 1. One existing tree is proposed for removal. The total DBH of removal trees is 20" • Step 3: Identify trees to be mitigated in each zone (see keynote 3 - Dark Orange). o Zone 3. One existing 30" DBH tree is proposed for mitigation o Zone 2. One existing 20" DBH tree is proposed for mitigation o Zone 1. No mitigation is allowed or proposed. • Step 4: Add required mitigation trees (see keynote 4 - Light Blue). o Two mitigation trees are required and two are proposed in Zones 3 and 2, respectively. • Step 5: Add other trees as required by code (see keynote 5 - Dark Blue). o Eleven other trees are proposed to comply with site and parking area landscape standards. The site plan otherwise complies with the proposed code because no development is proposed in the Willamette River Greenway Setback Area, or the required 10-foot wide Native Landscape Buffer. The proposed building and site development help to illustrate how the code amendments function to allow housing development in the Willamette River Greenway while providing a clear and objective path to compliance with expanded tree preservation standards. ACCESS FIGURE The proposed code amendments include access standards at EC 9.8812(4) that apply to housing that proposes five or more dwelling units on one development site. The standards require on-site pedestrian paths connecting main building entrances to the property line nearest to the Willamette River Greenway, to promote access to the river within the development site. In addition, when the development site is not within 500 feet of a defined public access point, the standards give the City the option to require the dedication and improvement of a public accessway that is 10 feet wide and Page 34 of 39 2 CAMERON McCARTHY Attachment B WG Code Amendments (CA 22-1) Code Figures Description December 22, 2022 constructed in accordance with public improvement standards. If enacted, the required connection must extend from the property line through or along the development site to existing public ways that provide a connection to or along the Willamette River. To make it clear which properties are located within 500 feet of a public access point, the attached figure showing these defined public access points and identifies which tax lots are impacted using GIS walkability data (see Figure B). Public access points are defined and shown as mapped points where public right-of-way intersects with existing multi-use path connections. The analysis maps walking routes (walkability) with dedicated pedestrian facilities, specifically multi-use paths and sidewalks, that exist between a public access point and existing tax lots. The tax lots identified are within 500 feet of a public access point and would therefore be exempt from the standard at EC 9.8812(4)(a)2. The figure and analysis identify two categories of tax lots: • Tax Lots Within 500' of Public Access Points • Tax Lots Not Within 500' of Public Access Points The second category of tax lots would therefore be subject to the standard at EC 9.8812(4)(a)2. These features, along with the Willamette River Greenway Setback line, will be adopted as an Exhibit to the Ordinance implementing the code amendments and can be viewed on the City's nway V~ ATTACHMENTS Figure A. Tree Preservation and Mitigation Example Site Figure B. Walkability to Public Access Points Page 35 of 39 CAMERON McCARTHY Attachment B I II I I I Existing Tree Inve ntory I I I I I I f I j I ID Genus & Species DBH (in) Action zone f I I f I I 01 Thuja plicata 20 Remove 3 I I h l I f I 02 T uja p icata 20 Remove 3 I I I f I f 03 Thuja plicata 25 Remove 3 I ...1.1•~..~.. 04 Acercircinatum 10 Remove 3 1 026 I 25" oas' I 015 25 1 1 Y OS Populus trichocarpa 25 Preserve 3 2LOTI 0 12 40., 1 I I 0 27 40 06 Acer macrophyllum 30 Mitigate 3 0 05 014 °o„ 25° 40° f o z°s 20" 07 Pseudotsuga menziesii 25 Remove 3 I I f 08 Acer macrophyllum 20 Remove 3 I p I I f W 1 PROPOSED I 17 09 Acer macrophyllum 20 Remove 3 41 028 . 1 70 UNIT BUILDING 1o, I ° 24 4 I s' C< 10 Crataegus douglasii 10 Remove 3 ® 17 0 06 20° 30" 11 Crataegus douglasii 10 Remvoe 3 D 1 0 ())04 I I 029 w ' 12 Acermacrophyllum 40 Preserve 3 2s 10 o° 15" 13 Pseudotsuga menziesii 45 Preserve 3 X23 1 -_j 09 I yy( 20" 14 Acer macrophyllum 35 Preserve 2 1 I i 25° 2a 15 Acer macrophyllum 40 Preserve 2 2°" 0 30 9 16 Acer macrophyllum 40 Remove 2 1 08 I 022 2a" 20., I 30" 20,. 1 17 Fraxinus latifolia 20 Remove 2 '~o 15 „ I I J 18 Fraxinus latifolia Remove 2 1 i 19 Tsuga heterophylla 30 Remove 2 I 1 WILLAMETTE ZONE 3 ZONE 2 ZONE 1 I 20 Alnus rubra 20 Mitigate 2 i i i i bl I I I 1 RIVER GREENWAY 21 Alnus rubra 10 Preserve 1 F gure A. Tree M t gat on Ta e I SETBACK AREA I P l t i h 20 I 22 opu us r c ocarpa Preserve 1 Zone 3 2 1 T t l DBH 300" 200" 100" I 23 Populustrichocarpa 20 Remove 1 o a I Minimum Preservation 40% 50% 50% I 24 Populustrichocarpa 15 Preserve 1 I Minimum Preservation (DBH) 120" 100" 50" I 25 Alnus rubra 10 Preserve 1 Maximum Mitigation 100% 50% 0% I i I 26 Pseudotsuga menziesii 25 Preserve 1 Maximum Mitigation (DBH) 120" 50" 0" 27 Fraxinus Iatifolia 20 Preserve WRS Proposed Preservation(DBH) 110" 80" 80" I I 28 Alnusrubra 15 Preserve WRS Proposed Removal (DBH) 160" 105" 20" I II It 29 Fraxinus Iatifolia 25 Preserve WRS Proposed Mitigation (DBH) 30" 20" 0" I f 1 30 Fraxinus Iatifolia 20 Preserve WRS Willamette River Greenway Code Amendments Figure A. Tree Preservation and Mitigation KEYNOTES Example Site DEVELOPMENT SITE BOUNDARY TOP OF BANK 0~15~'$ 30' 60' TREE PRESERVATION ZONES 10' LANDSCAPE BUFFER KEYNOTES KEYNOTES KEYNOTES KEYNOTES o EXISTING TREES EXISTING TREES EXISTING TREES PROPOSED TREES Preserve UX Remove . Mitigate Mitigate PROPOSED TREES Other J Willamette River Greenway Code Amendments (CA 22-1) Figure B. Walkability to Public Access Points Q UGB Tax Lots Within 500' Public Access Points: of Public Access Points where right-of--way intersects r-I WRG Boundary EC 9.8812(4)(x)2. with multi-use path connections Page 37 of a Tax Lots Not Within 500' of Walkability 500' from Access Points 0 0.5 1 Public Access Points EC 9,8812(4)(a)2. Miles Attachment C Willamette River Greenway Code Amendments I City File: CA 22-1 Record Materials as of January 2, 2023 The following links to the record materials are provided as an easy way to access materials in the record. The record materials linked below will be provided to the Planning Commission directly and a copy of all record materials is kept in the Planning Division file for CA 22-1. • Draft #2 of Land Use Code Amendments • DRAFT Willamette River Greenway Code Amendments (Version 2 - 12/1/22): https://www.eugene-or.gov/DocumentCenter/View/68138/CA-22-1-Updated-Draft- Code-12 1 22- • DRAFT Willamette River Greenway Code Amendments Tree Preservation Figure: https://www.eugene-or.gov/DocumentCenter/View/68188/Figure-968852e • DRAFT Willamette River Greenway Exhibit Map: https://eugene- pwe.maps.arcgis.com/apps/instant/sidebar/index.html?appid=280cdOc94e514a308465 035932f20eab • Draft #1 of Land Use Code Amendments • DRAFT Willamette River Greenway Code Amendments (Version 1 - 01/31/22): https://www.eugene-or.gov/DocumentCenter/View/64684/32-WRG-Permit-Code- Amendments-20220131 • DRAFT Chapter 9 Code Amendments (Version 1 - 01/31/22): https://www.eugene- or.gov/DocumentCenter/View/64685/33-External-Code-Amendments-20220131 • DRAFT Design Plan (Version 1 - 01/31/22): https://www.eugene- or.gov/DocumentCenter/View/64686/WRG-Design-Plan-DRAFT-020222 • DRAFT Willamette River Greenway Setback Map: https://eugene- pwe.maps.arcgis.com/apps/instant/sidebar/index.html?appid=280cdOc94e514a308465 035932f20eab • Planning Commission Hearings and Other Meetings • August 2. 2022 Work Session • June 14, 2022 Work Session • March 8, 2022 V Public Hearing • February 17, 2022 Informational Session • Testimony • Batch 1: https://www.eugene-or.gov/DocumentCenter/View/64938 • Batch 2: https://www.eugene-or.gov/DocumentCenter/View/64939 • Batch 3: https://www.eugene-or.gov/DocumentCenter/View/65025 Page 38 of 39 Attachment C • Batch 4: https://www.eugene-or.gov/DocumentCenter/View/65152 • Batch 5: https://www.eugene-or.gov/DocumentCenter/View/68421 Batches 1-5 contain testimony received through January 2, 2023. New testimony will be posted on the code amendments webpage: http://www.eugene-or.gov/codeamendments • Notices and Procedural Materials* • 2nd Hearing Mailed Measure 56 Notice and Notice Affidavit- 12/07/22 • 2nd Hearing Mailed Notice and Notice Affidavit -12/07/22 • 1St Hearing Mailed Measure 56 Notice and Notice Affidavit - 02/01/22 • 1St Hearing Mailed Notice and Notice Affidavit - 02/01/22 • 1St Hearing DLCD Notice and Notice Affidavit - 02/01/22 *These materials will be available for download here: https://pdd.eugene-or.gov/Land Use/SearchApplicationDocuments?file=CA-22-0001 • Other Documents and Materials: • UPDATED Frequently Asked Questions (December 2022): https://www.eugene- or.gov/DocumentCenter/View/68314/Greenway-FAQs- -Dec-Update-FINAL • Supplemental Maps: https://www.eugene-or.gov/DocumentCenter/View/67056/CA-22- 1-Other-Lands-Supplemental-Maps • Project Frequently Asked Questions: https://www.eugene- or.gov/DocumentCenter/View/64842/Willamette-Greenway-FAQ • DLCD Guidance for HB 2001 and Goal 15: https://www.eugene- or.gov/DocumentCenter/View/64798/DLCD-HB-2001-Goal-1S-Guidance-Memo Page 39 of 39