Attachment 1 <br />a. Structures designed solely for recreation use (e.g., a deck or steps leading to the river) and <br />driveways for boat landings and water-related or water-dependent uses are permitted <br />within the 35 foot setback. <br />b. Public improvements, including pedestrian and bicycle trails, public plazas, and similar <br />amenities, but excluding roads and parking areas, are exempt from the setback <br />requirements specified above. <br />c. Structures existing as of the date of adoption of this plan shall be allowed to rebuild at the <br />same distance from the river that they were before destruction by fire, flood or other <br />disaster. <br />The Willamette River Greenway Setback, established by the Willamette River Greenway Setback Map to be <br />adopted as Exhibit to the Willamette River Greenway Code Amendments, sets the Greenway Setback <br />line at 35 feet from the top of the riverbank for the area of the Greenway located within the boundaries of the <br />WAP, consistent with this use management standard. To the extent that the boundary of the floodway within <br />the WAP plan area, as established by EC 9.6706, may require a greater separation between development and <br />the river than the Willamette Greenway Setback applicable to the clear and objective approval criteria <br />established by the Willamette Greenway Code Amendments, the City's adopted floodplain regulations require <br />special consideration and include additional standards for the limited allowance of development in the floodway <br />according to EC 9.6709(2)(d). These standards ensure that development within the floodway complies with <br />development and construction standards specific to the floodway. The City Council finds that issuance of a <br />Willamette Greenway Permit does not affect the requirement to comply with development standards applicable <br />to the floodway. The Willamette River Greenway Code Amendments are therefore consistent with this use <br />management standard. <br />The City Council also notes that this use management standard includes exceptions that allow for structures <br />within the setback beyond those that would be allowed under the new clear and objective standards <br />included in the Willamette River Greenway Code Amendments, which limit structures within the Willamette <br />River Greenway Setback to pedestrian pathways and public accessways that may be required under the new <br />clear and objective track. The City Council finds that an applicant who wishes to construct structures <br />allowed by this use management policy within the area of the Willamette River Greenway Setback, such as <br />public improvements, recreational uses or pre-existing structures that may have been destroyed by fire, <br />flood, or other disaster, will need to proceed under the City's discretionary track for the review of <br />Willamette Greenway Permits. The City Council finds that the Willamette River Greenway Code <br />Amendments therefore comply with this use management standard. <br />2. Provision for public pedestrian and bicycle access along the river. <br />The Willamette River Greenway Code Amendments are consistent with this use management standard because <br />under certain circumstances the clear and objective approval criteria included in the amendments require <br />pedestrian paths within a development site to allow residents to easily and conveniently access adjacent public <br />lands, and/or public accessways extending from the development site to existing public ways that provide a <br />connection to and along the river. <br />3. Provision that the area within the 35 foot setback area may be included in any density <br />calculation of a project. <br />The Willamette River Greenway Code Amendments do not affect or amend the density calculation allowed by <br />this use management standard; therefore, the Willamette River Greenway Code Amendments are consistent <br />with this standard. <br />Page 32 of 125 27 <br />