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
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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.
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Sign up to speak by dialing *9 (Star-9)
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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:
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• 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
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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
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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.
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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
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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
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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
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(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
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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
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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
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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,
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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
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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
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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
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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
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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
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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.
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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
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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
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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.
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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.
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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
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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.
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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.
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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
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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