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PC Agenda Packet 3.14.2023
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PC Agenda Packet 3.14.2023
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3/14/2023 4:02:40 PM
Creation date
3/13/2023 12:40:10 PM
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Template:
PDD_Planning_Development
File Type
CA
File Year
22
File Sequence Number
1
Application Name
Willamette Greenway Code Amendments
Document Type
Staff Report
Document_Date
3/14/2023
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Yes
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Attachment 1 <br />objective setback for the remainder of the Willamette River Greenway within the City of Eugene as 100 feet <br />from top of bank. <br />The City Council finds that the adopted and acknowledged Greenway Setbacks included in the Willakenzie Area <br />Plan, EC 9.3147, and EC 9.3715(2), as incorporated into the Willamette River Greenway Setback included with <br />these amendments, have been acknowledged by the Department of Land Conservation and Development to <br />be in compliance with the Statewide Planning Goals, including Goal 15; therefore, the incorporated Greenway <br />Setbacks will ensure that, to the greatest possible degree, the intensification, change of use, or development <br />proposed by a Willamette Greenway Permit applicant that proceeds under the clear and objective track in EC <br />9.8812 will provide the maximum possible landscaped area, open space or vegetation between the activity and <br />the river. <br />The City Council further finds that the 100 foot setback applicable to applicants proceeding under clear and <br />objective Willamette River Greenway Permit approval standards for properties in areas of the Greenway not <br />subject to the Willakenzie Area Plan, EC 9.3147, or EC 9.3715(2), is consistent with the 100 foot setback <br />applicable through the /WR Water Resources Conservation Overlay Zone, adopted to maintain water resource <br />and riparian protections for the Willamette River, associated tributaries, wetlands and riparian areas as Goal 5 <br />identified resources. Consequently, the City Council finds that a clear and objective Greenway Setback of 100 <br />feet will ensure that, to the greatest possible degree, the intensification, change of use, or development <br />proposed by a Willamette River Greenway Permit applicant that proceeds under the clear and objective track <br />in EC 9.8812 will provide the maximum possible landscaped area, open space or vegetation between the <br />activity and the river, while still allowing the development contemplated by Goal 15. <br />Required Native Landscape Buffer: <br />The clear and objective approval criteria in the Willamette River Greenway Code Amendments also include the <br />requirement for a landscaped area at least 10 feet deep along the length of the Willamette River Greenway <br />Setback and located on the opposite side of the Greenway Setback from the river. The landscaped area must <br />be planted exclusively with native plants selected from a list adopted by the City. Solid and masonry walls are <br />also prohibited within the native landscape area. <br />Fences and Walls: <br />The clear and objective approval criteria in the Willamette River Greenway Code Amendments provide that <br />fences located within 300 feet of the Willamette River Greenway Setback may not be constructed of barbed <br />wire, chain link fencing, or cyclone fencing, and must be at least 50 percent open (unobstructed to both light <br />and air) to allow views through the fence. In addition, the Code Amendments prohibit solid or masonry walls <br />within the Greenway Setback. <br />Tree Preservation Standards: <br />The Willamette Greenway Code Amendments add tree preservation, mitigation, and removal requirements to <br />both the clear and objective approval criteria and the discretionary approval criteria for a Willamette River <br />Greenway Permit. The clear and objective approval criteria include a requirement for compliance with tree <br />preservation zones, which are situated so that more tree preservation is required close to the river. These <br />standards also require that any trees planted within the setback are native trees selected from a list adopted <br />by the City. The tree preservation standards added to the discretionary track also require preservation of <br />significant trees to the greatest possible degree, and mitigation to the greatest possible degree, for the loss of <br />any significant trees and vegetation through restoration and replacement. <br />Conclusion: <br />For all the reasons listed above, the City Council finds the clear and objective Willamette Greenway Setback and <br />the clear and objective approval criteria related to landscaping, fences, walls and tree preservation will ensure <br />that, to the greatest possible degree, an intensification, change of use, or development proposed by a <br />Page 23 of 125 18 <br />
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