Attachment 1 <br />The City Council finds that the Willamette River and some of its associated tributaries, wetlands and riparian <br />areas have been identified by the City as a Goal 5 resource (see Ordinance No. 20351). The City has adopted <br />Goal 5 resource protection measures codified as the /WR Water Resources Conservation Overlay Zone and <br />located at EC 9.4900-9.4980. The /WR Water Resource Overlay Zone requirements include a 100-foot setback <br />from top of bank (subject to exceptions for prior developed areas and certain existing land use approvals), and <br />regulations, review procedures and development standards for a very limited range of uses allowed within the <br />setback; such as, stormwater treatment facilities, restoration activities, and pedestrian/bicycle pathways or <br />other park related improvements that enhance access to the river. <br />The City Council acknowledges that the City's adopted and acknowledged /WR Water Resources Conservation <br />Overlay Zone and the City's Willamette Greenway regulations are both likely to affect many of the properties <br />located within the Willamette River Greenway. However, the City Council finds that the intent and requirements <br />of Goal 5 and the /WR Water Resources Conservation Overlay Zone on the one hand, and Goal 15 and the City's <br />Willamette Greenway regulations on the other hand, are fundamentally different. Goal 5 is focused on <br />protection of the Willamette River and its riparian areas as a water resource. Goal 15, on the other hand, is <br />focused on the entire area within the adopted Willamette River Greenway Boundary (which in many areas <br />extends much further from the river than the adjacent riparian areas) in order to ensure that development <br />permitted within the Willamette River Greenway boundary is compatible with the Greenway. <br />The City Council finds that the City's Willamette River Greenway regulations, as amended by the Willamette <br />River Greenway Code Amendments, apply independently of the City's adopted Goal 5 protection measures. An <br />applicant proposing an intensification of use, change in use, or new development within the boundary of the <br />Willamette River Greenway must comply with both the City's Willamette Greenway regulations and the <br />applicable requirements of the /WR Water Resource Conservation Overlay Zone. The City Council finds that the <br />/WR Water Resource Overlay Zone requirements will remain in full force and will continue to apply <br />independently of the City's Willamette River Greenway regulations, as amended by the Willamette River <br />Greenway Code Amendments, to maintain water resource and riparian protections for the Willamette River. <br />Consequently, the City Council finds that the Willamette River Greenway Code Amendments do not amend an <br />acknowledged plan or land use regulation adopted in order to protect a significant Goal 5 resource or to address <br />specific requirements of Goal 5. <br />(b) The PAPA allows new uses that could be conflicting uses with a particular significant <br />Goal 5 resource site on an acknowledged resource list, or <br />The City Council finds that the Willamette River Greenway Code Amendments do not allow any new uses that <br />could be conflicting uses with a particular Goal 5 resource site. Allowed uses are controlled by the base zone of <br />a property and the Willamette River Greenway Code Amendments do not make any changes to base zones or <br />their associated use lists; nor do the Willamette River Greenway Code Amendments rezone or re-designate <br />allowed uses on any properties. The Code Amendments will simply add a second approval track for Willamette <br />River Greenway Permits, consisting of only clear and objective standards for the review of proposed housing <br />already allowed according to existing zoning, as well as adding tree preservation standards to the discretionary <br />approval criteria for Willamette River Greenway Permits, in the interest of parity and comparable standards <br />between the two review tracks for compatibility review required under Goal 15. <br />(c) The PAPA amends an acknowledged UGB and factual information is submitted <br />demonstrating that a resource site, or the impact areas of such a site, is included in the <br />amended UGB area. <br />The Willamette River Greenway Code Amendments do not amend the City's acknowledged Urban Growth <br />Boundary. <br />Page 10 of 125 <br />