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HomeMy WebLinkAboutPC Agenda Packet 3.14.2023ftmw WiPlanning Commission Phone: 541-682-5481 www.eugene-or.gov/pc AGENDA Meeting Location: Hybrid Meeting (See How to Access this Meeting on next page) The Eugene Planning Commission welcomes your interest in these agenda items. This Planning Commission Work Session is in hybrid format without the ability for public comment. Members of the public can watch or listen in using Zoom or phone in options. 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, March 14, 2023 - Regular Meeting 5:30 pm - 7:30 pm 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. A. DELIBERATIONS/POSSIBLE ACTION: WILLAMETTE GREENWAY CODE AMENDMENTS (CA 22-1) Deliberations and possible action on proposed land use code amendments that would establish a set of clear and objective standards for the review of housing development within the Willamette River Greenway. Staff: Gabe Flock, 541-682-5697, GFlock eugene-or.gov Page 1 of 125 Staff: Jeff Gepper, 541-682-5282, JGepper(aD-eugene-or.gov B. WORK SESSION: PLANNING WORK PLAN OVERVIEW Staff: Alissa Hansen, 541-682-5508, AHansen(a-).eugene-or.gov C. ITEMS FROM COMMISSION AND STAFF 1. Other Items from Staff 2. Other Items from Commission 3. Learning: How are we doing HOW TO ACCESS THE MEETING This work session will be in hybrid format without the ability for public comment. Planning Commission and staff will meet in person (or virtually if needed). Members of the public can watch or listen in using Zoom or phone in options below. To watch a webcast of the meeting live: 1. Visit: https://www.eugene-or.gov/2109/Planning-Commission-Webcasts 2. Join on your computer, tablet or smartphone Visit: https://eugene-or-gov.zoom.us/m/88568352100 3. Join on your phone Dial one of the below numbers and enter the Webinar ID: 885 6835 2100 +1 833-548-0276 (Toll Free); or +1 833-548-0282 (Toll Free); or +1 877-853-5257 (Toll Free); or +1 888-475-4499 (Toll Free); For higher quality, dial a number based on your current location. International numbers available: https://eugene-or-gov.zoom.us/u/kbEgVMKe59 Page 2 of 125 AGENDA ITEM SUMMARY March 14, 2023 To: Eugene Planning Commission From: Gabe Flock, Principal Planner & Project Manager Jeff Gepper, Senior Planner Subject: Deliberations and Possible Action on the Willamette River Greenway Code Amendments (City File: CA 22-1) ACTION REQUESTED At this work session, Planning Commission will continue deliberations and possibly take action to make a recommendation to City Council on the proposed Willamette River Greenway Code Amendments. Draft legislative findings and the updated draft code are included for final review and to help facilitate the Commission's recommendation to Council. BACKGROUND The primary 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 Greenway. If the proposed amendments are adopted, an applicant seeking to develop housing as part the Willamette River Greenway Permit process will be able to choose to proceed either under the new clear and objective standards or using the City's existing discretionary approval criteria. The proposed amendments include tree preservation requirements as part of the existing discretionary review process for Willamette River Greenway Permits, to ensure comparable standards and parity between the two review tracks. The proposed clear and objective approval criteria are intended to ensure that housing development within the Greenway will continue to be reviewed for consistency with the requirements of Statewide Planning Goal 15 (Willamette River Greenway), and meet the "clear and objective" requirements of ORS 197.307 for housing. Overall, the proposed changes are intended to meet the City's obligations under State law, reduce potential barriers to housing development, and maintain a balanced approach to protecting the Willamette River Greenway with effective development standards as part of the Willamette River Greenway Permit Review process. The proposed code amendments do not change the adopted Willamette River Greenway Boundary, which has been in existence since the mid-1970's. For more background and details on the process to date for the proposed Willamette River Greenway Code Amendments, please refer to prior Planning Commission agenda packet materials and webcasts including the most recent (second) public hearing held on January 10, 2023, and subsequent deliberations held on January 24 and February 14, 2023. Page 3 of 125 Draft Findings & Updated Draft Code Following the Planning's Commission's last deliberations meeting, which was focused on remaining key topic areas and finalizing the updated draft code, staff has prepared a set of draft legislative findings in support of the proposed Willamette River Greenway Code Amendments. These draft findings are necessary as part of the approval process by demonstrating how these changes to the City's land use code will comply with the approval criteria for code amendments at Eugene Code (EC) 9.8065. The draft findings were provided to Commissioners for initial review via email in advance of the meeting on March 10, 2023 and are included as Attachment 1, for ease of reference. With the final few details addressed during the last deliberations meeting on these code amendments, staff has also prepared an updated version of the draft code, which was also sent via email and included as Attachment 2. The updated draft code includes final revisions to the public accessway standard at EC 9.8812(4)(a)2., as well as a few minor updates to the code's procedural requirements for noticing of Willamette River Greenway Permits. These minor procedural changes were discovered by staff as being necessary in developing the draft findings, upon a closer review of the specific noticing requirements under Goal 15. The updated draft code and findings in support of the proposed Willamette River Greenway Code Amendments will be the focus of final deliberations and remaining discussion as needed for the Planning Commission to reach its recommendation to City Council. At this meeting, staff will briefly touch on the last few draft code revisions noted above along with related mapping updates and provide opportunity for discussion of the draft findings as needed to facilitate the Commission's final recommendation. The related Greenway Web Map on the City's website has been updated with a new measuring tool and revised layers showing public access points and tax lots subject to the public accessway standards, as well as the proposed tree preservation zones and the proposed Willamette River top of bank and Greenway setback locations. This detailed map, as referenced in the draft code and findings, includes the draft GIS mapping layers and underlying source data intended for adoption as part of the proposed amendments. PROCEDURAL SUMMARY As noted in prior materials for this project, the proposed land use 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. Notice of both prior public hearings on these code amendments was provided consistent with the notice requirements for Type V (legislative) land use applications. All written testimony received through the date of the second public hearing and open record period ending on January 20, 2023 has been provided to the Planning Commission for consideration. All testimony submitted to the Planning Commission, including any testimony submitted after the end of the Planning Commission's open record period, will also be forwarded to the City Council for consideration as part of their subsequent public hearing process. As a courtesy, written testimony received by the City, along with a variety of additional materials including the online Greenway Web Map, prior meeting materials and recordings, and Page 4 of 125 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. NEXT STEPS Following Planning Commission's recommendation on the Willamette River Greenway Code Amendments, City Council will hold a public hearing and work sessions as needed before taking final action on the proposed amendments later this year. As part of the City Council's public hearing process and additional review following the Planning Commission's recommendation, staff anticipates further revisions to the draft code and findings as may be needed in response to further public input and direction from Council. With that in mind, staff emphasizes the draft nature of the findings at this stage and encourages Commissioners bring any specific questions and suggested edits to the meeting that may help facilitate a final recommendation. ATTACHMENTS 1. Draft Legislative Findings (w/Attachments) A. Design Plan B. Public Access Points Map 2. Updated Draft Code (Version 3, Dated March 10, 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 Telephone: (541) 682-5697 Staff E-Mail: gflock@eugene-or.gov Jeff Gepper, Senior Planner Telephone: (541) 682-5282 Staff E-Mail: Tepper@euene-or.ov Page 5 of 125 Attachment 1 City of Eugene Willamette River Greenway Code Amendments (CA 22-1) DRAFT LEGISLATIVE FINDINGS March 10, 2023 Introduction/Overview The primary 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 standards for the review of proposed housing development within the Greenway. Oregon Statewide Planning Goal 15 (Goal 15, Willamette River Greenway) requires cities and counties to review new development, changes in use, and intensifications of use that take place within the boundaries of the Willamette River Greenway to ensure that development within the Greenway boundary is designed to protect, conserve, enhance, and maintain the natural, scenic, historical, agricultural, economic, and recreational qualities of lands along the Willamette River. The City's adopted Willamette Greenway Permit regulations and approval criteria are located in Sections 9.8800-9.8825 of the Eugene Code (EC). Willamette Greenway Permit applications are reviewed using a Type III application process, which includes a public hearing and decision by a Hearing's Official. These Willamette River Greenway Code Amendments provide a new set of approval criteria and standards available to applicants proposing housing development within the Greenway, consistent with the "clear and objective" requirements of ORS 197.307, and consistent with the requirements of Goal 15. An applicant proposing to develop housing within the Willamette River Greenway will now be able to choose to proceed under the new clear and objective Willamette Greenway approval criteria located in EC 9.8812, or the subjective, discretionary approval criteria in EC 9.8815. The new clear and objective approval criteria include: compliance with a Greenway setback; required native landscape buffering between new housing development and the river; tree preservation requirements; limitations on building fagade length and walls or fencing near the Greenway setback; standards for access to and along the river; and a prohibition on development of new structures within the Greenway setback except for pedestrian pathways and public accessways. The Willamette River Greenway Code Amendments also add new tree preservation standards to the existing discretionary approval criteria for Willamette River Greenway Permits in EC 9.8815, in the interest of parity and comparable standards between the two review tracks. The Code Amendments do not change or amend the City's adopted Willamette Greenway Boundary. The only change to the subjective approval standards for Willamette Greenway permits in EC 9.8815 is the addition of tree preservation requirements. Following adoption of the Willamette River Greenway Code Amendments, applicants proposing to develop housing within the Greenway boundary will be able to choose to proceed under the new clear and objective approval criteria or under the discretionary but more flexible approval criteria. Applicants proposing development other than housing will continue to be required to use the current subjective approval criteria. All Willamette Greenway Permit applications will continue to be subject to the Type III application review process. Design Plan/Review Process Goal 15 allows local jurisdictions to create a "Design Plan" and "administrative review procedure" for the review of proposed development within the Greenway, as an alternative to review procedures which require a public hearing for each individual Willamette River Greenway Permit application. This "Design Plan and administrative review" procedure was initially proposed by staff as part of the Willamette River Greenway Code Amendments, Page 6 of 125 Attachment 1 so that Willamette River Greenway Permits reviewed under the new clear and objective approval criteria would be processed as Type II land use applications and would not require an initial public hearing. In response to public input and Planning Commission direction, the initially proposed Type II "Design Plan and administrative review" process for clear and objective track applications has been removed from the Willamette River Greenway Code Amendments. The amendments maintain the City's existing requirement for a public hearing on all Willamette River Greenway Permits, including permits reviewed under the new clear and objective approval criteria as part of the Type III land use application procedures, thereby eliminating the need for approval of a "Design Plan" as that term is used in Goal 15. Nonetheless, the draft Design Plan' created in support of the initially proposed Willamette River Greenway Code Amendments includes a variety of useful information and evidence that supports the City Council's findings that the Willamette Greenway Code Amendments meet the approval criteria in EC 9.8065. While the City Council does not adopt the Design Plan in its entirety, certain of the City Council's findings do adopt and incorporate specific information and evidence included in the Design Plan attached as Exhibit A to these findings. Findings of Compliance with Approval Criteria As the following findings establish, the Willamette River Greenway Code Amendments (CA 22-1) are consistent with the applicable approval criteria for code amendments, and specifically meet or exceed the requirements of Statewide Planning Goal 15. The new clear and objective approval criteria for development of housing within the Greenway will ensure that by complying with the adopted clear and objective Greenway standards, applicants proposing intensification of housing uses, change of use to housing, or development of proposed housing within the Greenway will comply with the requirements of Goal 15 for: maximum possible landscaped area, open space, or vegetation between the activity and the river; and, necessary public access to and along the river by appropriate legal means. Eugene Code (EC) Section 9.8065 requires compliance with the following approval criteria (listed in bold and italic), for a land use code amendment.: EC 9.8065(1): [The amendments are] consistent with applicable Statewide Planning Goals as adopted by the Land Conservation and Development Commission. As expressed in more detail in the findings of compliance with each of the Statewide Planning Goals 1 through 19 below, the City Council finds that the Willamette Greenway Code Amendments are consistent with applicable Statewide Planning Goals and this criterion is satisfied. Goal 1 Citizen Involvement. To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. The City's acknowledged procedures for adoption of legislative land use decisions, located in EC 9.7050 and 9.7500 through 9.7560, ensure the opportunity for community members to be involved in all phases of the legislative land use decision process and set out the requirements for such involvement. The Willamette River Greenway Code Amendments do not amend or change the City's adopted citizen involvement program. The process for adoption of the Willamette River Greenway Code Amendments complies with Goal 1 because it is consistent with the City's acknowledged procedures for legislative land use decisions. 1 Design Plan for Willamette River Greenway Code Amendments, prepared by Cameron McCarthy Landscape Architecture & Planning, December 2021. For ease of reference, the full Design Plan document is included as Attachment A to these findings. Page 7 of 125 Attachment 1 The Willamette River Greenway Code Amendments have been reviewed in accordance with the City's acknowledged Type V Application Procedures at EC 9.7500 through EC 9.7560, which include the opportunity to submit written comment to the Planning Commission and City Council, public hearings before the Planning Commission and City Council, a recommendation by the Planning Commission, and a final local decision by the Eugene City Council. As discussed below, notices of the proposed Code Amendments were provided in accordance with EC 9.7520 Public Hearing Notice (Planning Commission) and EC 9.7545 Public Hearing Notice (City Council). Notice was provided to recognized neighborhood organizations, the Oregon Department of Land Conservation and Development (DLCD), the Oregon Department of Transportation (ODOT) and the Oregon Parks & Recreation Department (OPRD), as well as to other community groups and individuals who have requested notice (285 interested parties). Notice consistent with ORS 227.186 (Measure 56) was also provided to owners and occupants of properties affected by the proposed code amendments (over 2,800 mailed notices). Notice of the public hearings was also published in the Register Guard according to Eugene Code requirements. On February 1, 2022, the City provided notice of the proposed Willamette River Greenway Code Amendments to DLCD. An initial public hearing conducted by the Planning Commission was held on March 8, 2022. Notice for the initial public hearing was sent in accordance with Type V notice procedures referenced above, on February 1, 2022. Following the initial public hearing, staff received feedback from the public and direction from the Planning Commission that resulted in significant changes to the draft Code Amendments that were the subject of the initial hearing. Given the scale of change, additional notice and an updated draft of the proposed Willamette River Greenway Code Amendments was provided to DLCD on December 5, 2022, and a second Planning Commission public hearing was held on January 10, 2023. Notice of the second Planning Commission public hearing was provided consistent with the Type V noticing procedures summarized above, on December 7, 2022. On , 2023, the Planning Commission voted to recommend that the City Council the Willamette River Greenway Code Amendments. In addition to the required public notices, the City prepared a Frequently Asked Questions (FAQ) document, held an initial Public Information Session to facilitate public participation, and provided a variety of relevant information, mapping, and record materials on the City's website to help inform the public about the Willamette River Greenway Code Amendments. The Eugene City Council held a public hearing on the Willamette River Greenway Code Amendments on , 2023. In accordance with Type V notice procedures referenced above, notice of the City Council public hearing was mailed to persons that provided oral or written testimony in a timely manner during the Planning Commission hearing procedures, as well persons that requested notice of the Planning Commission's decision. Notice of the City Council public hearing was published in the Register-Guard newspaper on , 2023. Notice of the City Council public hearing, as well as the text of the Willamette Greenway Code Amendments were posted on the City's website on 2023. The City Council continued to accept written public comment until its decision on the Willamette Greenway Code Amendments. These processes afforded ample opportunity for citizen involvement consistent with Goal 1. Therefore, the amendments are consistent with Statewide Planning Goal 1. Goal 2- Land Use Planning: To establish a land use planning process and policy framework as a basis for all decisions and actions related to use of land and to assure an adequate factual base for such decisions and actions. Eugene's land use code specifies the formal adoption procedure and approval criteria that were used in considering the Willamette River Greenway Code Amendments. These findings and the record show that there is an adequate factual basis for the Code Amendments. The Goal 2 coordination requirement is met when the City Page 8 of 125 Attachment 1 engages in an exchange, or invites such an exchange, between the City and any affected governmental unit and when the City uses the information obtained in the exchange to balance the needs of citizens. To comply with the Goal 2 coordination requirement, the City engaged in an exchange about the subject of these amendments with affected governmental units. Specifically, the City provided notice of the proposed action and opportunity to comment to the Oregon Department of Land Conservation and Development (DLCD), the Oregon Department of Transportation (ODOT), the Oregon Parks & Recreation Department (OPRD), Lane County, and the City of Springfield. There are no exceptions to Statewide Planning Goal 2 required for the Willamette River Greenway Code Amendments. Therefore, the amendments are consistent with Statewide Planning Goal 2. Goal 3 - Agricultural Land: To preserve and maintain agricultural lands. The Willamette River Greenway Code Amendments will only affect properties located within the City of Eugene and therefore do not affect any lands designated by the comprehensive plan for agricultural use. To the extent that there are properties within the City currently zoned for agricultural use, the code amendments do not force a discontinuance of agricultural practices. For these reasons, the amendments are consistent with Statewide Planning Goal 3. Goal 4 - Forest Land: To conserve forest lands. The Willamette River Greenway Code Amendments will only affect properties located within the City of Eugene and therefore do not affect any lands designated by the comprehensive plan for forest use. The amendments are therefore consistent with Statewide Planning Goal 4. Goal 5 - Open Spaces, Scenic and Historic Areas, and Natural Resources: To conserve open space and protect natural and scenic resources. The City has adopted Goal 5 regulations to protect the Willamette River and other waterways, codified as the /WR Water Resources Conservation Overlay Zone at EC 9.4900-9.4980. Nothing in the Willamette River Greenway Code Amendments amends or affects the applicability of the City's independently applicable Goal 5 regulations; specifically, nothing in the Willamette River Greenway Code Amendments amends or affects the applicability of the City's adopted and acknowledged Goal 5 protective measures codified as the /WR Water Resources Conservation Overlay Zone. The following relevant OAR provisions therefore apply: OAR 660-023-0250(3) provides: Local governments are not required to apply Goal 5 in consideration of a PAPA unless the PAPA affects a Goal 5 resource. For purposes of this section, a PAPA would affect a Goal 5 resource only if: (a) The PAPA creates or amends a resource list or a portion of an acknowledged plan or land use regulation adopted in order to protect a significant Goal 5 resource or to address specific requirements of Goal 5; The Willamette River Greenway Code Amendments constitute a Post-Acknowledgement Plan Amendment (i.e. "PAPA"). However, nothing in the Willamette River Greenway Code Amendments creates or amends the City's list of Goal 5 resources. The Code Amendments also do not amend an acknowledged plan or land use regulation adopted in order to protect a significant Goal 5 resource or to address specific requirements of Goal 5. Page 9 of 125 4 Attachment 1 The City Council finds that the Willamette River and some of its associated tributaries, wetlands and riparian areas have been identified by the City as a Goal 5 resource (see Ordinance No. 20351). The City has adopted Goal 5 resource protection measures codified as the /WR Water Resources Conservation Overlay Zone and located at EC 9.4900-9.4980. The /WR Water Resource Overlay Zone requirements include a 100-foot setback from top of bank (subject to exceptions for prior developed areas and certain existing land use approvals), and regulations, review procedures and development standards for a very limited range of uses allowed within the setback; such as, stormwater treatment facilities, restoration activities, and pedestrian/bicycle pathways or other park related improvements that enhance access to the river. The City Council acknowledges that the City's adopted and acknowledged /WR Water Resources Conservation Overlay Zone and the City's Willamette Greenway regulations are both likely to affect many of the properties located within the Willamette River Greenway. However, the City Council finds that the intent and requirements of Goal 5 and the /WR Water Resources Conservation Overlay Zone on the one hand, and Goal 15 and the City's Willamette Greenway regulations on the other hand, are fundamentally different. Goal 5 is focused on protection of the Willamette River and its riparian areas as a water resource. Goal 15, on the other hand, is focused on the entire area within the adopted Willamette River Greenway Boundary (which in many areas extends much further from the river than the adjacent riparian areas) in order to ensure that development permitted within the Willamette River Greenway boundary is compatible with the Greenway. The City Council finds that the City's Willamette River Greenway regulations, as amended by the Willamette River Greenway Code Amendments, apply independently of the City's adopted Goal 5 protection measures. An applicant proposing an intensification of use, change in use, or new development within the boundary of the Willamette River Greenway must comply with both the City's Willamette Greenway regulations and the applicable requirements of the /WR Water Resource Conservation Overlay Zone. The City Council finds that the /WR Water Resource Overlay Zone requirements will remain in full force and will continue to apply independently of the City's Willamette River Greenway regulations, as amended by the Willamette River Greenway Code Amendments, to maintain water resource and riparian protections for the Willamette River. Consequently, the City Council finds that the Willamette River Greenway Code Amendments do not amend an acknowledged plan or land use regulation adopted in order to protect a significant Goal 5 resource or to address specific requirements of Goal 5. (b) The PAPA allows new uses that could be conflicting uses with a particular significant Goal 5 resource site on an acknowledged resource list, or The City Council finds that the Willamette River Greenway Code Amendments do not allow any new uses that could be conflicting uses with a particular Goal 5 resource site. Allowed uses are controlled by the base zone of a property and the Willamette River Greenway Code Amendments do not make any changes to base zones or their associated use lists; nor do the Willamette River Greenway Code Amendments rezone or re-designate allowed uses on any properties. The Code Amendments will simply add a second approval track for Willamette River Greenway Permits, consisting of only clear and objective standards for the review of proposed housing already allowed according to existing zoning, as well as adding tree preservation standards to the discretionary approval criteria for Willamette River Greenway Permits, in the interest of parity and comparable standards between the two review tracks for compatibility review required under Goal 15. (c) The PAPA amends an acknowledged UGB and factual information is submitted demonstrating that a resource site, or the impact areas of such a site, is included in the amended UGB area. The Willamette River Greenway Code Amendments do not amend the City's acknowledged Urban Growth Boundary. Page 10 of 125 Attachment 1 For all the reasons discussed above, the City Council finds that the Willamette River Greenway Code Amendments are consistent with Statewide Planning Goal 5. Goal 6 - Air, Water and Land Resources Quality: To maintain and improve the quality of the air, water, and land resources of the state. Goal 6 addresses waste and process discharges from development, and is aimed at protecting air, water, and land from impacts from those discharges. The primary objective of the Willamette River Greenway Code Amendments is to establish a new set of clear and objective standards for the review of the proposed housing within the Greenway, consistent with the requirements of Goal 15. The Willamette River Greenway Code Amendments do not change any of the City's existing regulations related to waste and process discharges from development, including existing regulations affecting air quality, or discharges such as those related to stormwater treatment. The Willamette River Greenway Code Amendments are therefore consistent with Statewide Planning Goal 6. Goal 7 - Areas Subject to Natural Disasters and Hazards: To protect life and property from natural disasters and hazards. Goal 7 requires that local government planning programs include provisions to protect people and property from natural hazards such as floods, landslides, wildfires and earthquakes and related hazards. The Willamette River Greenway Code Amendments do not make changes to policies or regulations that protect people and property from natural hazards. Applicants proposing residential development within the Willamette River Greenway will be subject to the City's existing policies and regulations that protect people and property from natural hazards. Additionally, applicants proposing housing within the Willamette River Greenway and choosing to comply with the clear and objective Greenway approval criteria will generally not be permitted to construct structures within the Greenway setback or any required native landscape buffer areas. As such, the Willamette River Greenway Code Amendments may have the effect of reducing potential flood impacts on structures within the Greenway. For these reasons, the Willamette River Greenway Code Amendments are consistent with Statewide Planning Goal 7. Goal 8 - Recreational Needs: To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. Goal 8 ensures that recreational facilities are provided to Oregon citizens and is primarily concerned with the provision of recreational facilities in non-urban areas of the state. The City Council finds that over time, the City has developed an established network of public parks, open space areas, natural areas and multi-use paths that extend along 12 miles of Willamette River frontage to provide for the recreational needs of the citizens of Eugene and others. The network includes ten parks and two community centers, and 25.8 miles of public paths located within or adjacent to the Willamette River Greenway.2 The Willamette River Greenway Code Amendments include additional clear and objective access standards that require on-site pedestrian path connections from the edge of the development site nearest to the Willamette River to building entrances, or in some cases, the provision of a public access connection to existing public 2 In support of this finding, the City Council adopts and incorporates into these findings the information included under the heading "Parks and Recreation System Plan" on page 16 of the Design Plan attached as Exhibit A to these findings as well as Map 1.1, "Willamette River Greenway Parks, Natural Areas, and Open Space," included on page 17 of the Design Plan showing the parks, natural areas, and open space located within Eugene's Willamette Greenway Boundary. Page 11 of 125 6 Attachment 1 pathways along the river, provided the City can demonstrate constitutionality of any required public dedication or improvement. The Code Amendments will not impact the provision of recreational facilities, as they are specific to the newly established clear and objective approval criteria for proposed housing uses within the Greenway. The Code Amendments do, however, have the potential to further improve the already ample public access to existing recreation facilities within the Greenway. Therefore, the Willamette River Greenway Code Amendments are consistent with Statewide Planning Goal 8. Goal 9 - Economic Development: To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon 's citizens. Goal 9 requires cities to evaluate the supply and demand of commercial land relative to community economic objectives. The Willamette River Greenway Code Amendments, which will apply only within the City, will not rezone or re-designate any properties, and do not impact the supply of industrial or commercial lands. Therefore, the Willamette River Greenway Code Amendments are consistent with Statewide Planning Goal 9. Goal 10 - Housing: To provide for the housing needs of the citizens of the state. Goal 10 requires the City to provide an adequate supply of buildable land to accommodate the City's estimated housing needs for a 20-year planning period. The Envision Eugene Residential Land Supply Study (2012-2032) was adopted by the City of Eugene in 2017 as a refinement of the Envision Eugene Comprehensive Plan and complies with the requirements of Goal 10 and Chapter 660, Division 008 of the Oregon Administrative Rules. The Envision Eugene Residential Land Supply Study includes an inventory of buildable lands for residential use. According to the Residential Land Supply Study, there is sufficient buildable residential land to meet the identified land need. The Willamette River Greenway Code Amendments do not impact the City's supply of residential buildable land. No land is being re-designated from a residential use to a non-residential use, and the amendments do not otherwise diminish the amount of land available for residential use. The City Council finds that approximately 88% of the lands within the Greenway are categorized as "committed lands" devoted to special uses like parks, schools, government offices, cemeteries, and rights-of-way and are therefore considered (for purposes of the adopted inventory) as having no development or redevelopment potential. Notably, some 44% of the lands within the Willamette River Greenway boundary are City-owned park land. The remaining 12% of other lands within the Greenway (i.e. lands not categorized as part of the 88% of "committed lands") are considered to have development or redevelopment potential, with a majority of that remaining land being designated for residential use. Of the 1,782 acres of total land within the Greenway, approximately 1,569 acres are categorized as committed lands (with 782 acres of that area being City-owned park land), and the remaining 213 acres of land is considered developable.' Goal 10 also requires the City to conduct a Housing Needs Analysis (HNA) to assess whether the City's estimated housing needs for a 20-year planning period can be satisfied. The Envision Eugene Residential Land Supply Study includes an HNA that forecasts that Eugene's population will increase by 33,778 people between 2012 and 2032. Based on the HNA analysis, Eugene will need 15,105 dwellings to accommodate this growth. 3 In support of this finding, the City Council adopts and incorporates into these findings the information included under the heading "Land Ownership" on page 20 of the Design Plan attached as Exhibit A to these findings, as well as Map 1.3 Willamette River Greenway Committed Lands" included on page 21 of the Design Plan showing the land ownership within Eugene's Willamette Greenway Boundary. Page 12 of 125 Attachment 1 The Willamette River Greenway Code Amendments do not impact the City's supply of residential buildable land. The Code Amendments do not include any amendments to plan designations, existing zoning, or the City's adopted buildable lands inventory. No land is being rezoned or re-designated from a residential use to a non- residential use, and the code amendments do not otherwise diminish the amount of land available for residential use. Rather, as explained in more detail below, the Willamette River Greenway Code Amendments are intended to reduce barriers to the development of housing within the Greenway, consistent with the clear and objective requirements of ORS 197.307 and OAR 660-008-0015. The City Council finds that the Willamette River Greenway Code Amendments will facilitate the review of proposed housing development in the Greenway under clear and objective standards, and constitute the City's attempt to resolve a conflict between the requirements of Statewide Planning Goal 15 and the "clear and objective" requirements of ORS 197.307 and OAR 660-008-0015. The City Council finds that both the statutes that regulate the Willamette River Greenway (ORS 390.310 et seq) and Statewide Planning Goal 15 impose inherently subjective regulations on development within the Greenway boundary. ORS 390.314(2)(b) requires that intensification and changes of use in the Greenway be limited so that "such uses remain, to the greatest possible degree, compatible with the preservation of the natural, scenic, historical and recreational qualities" of lands within the Greenway (emphasis added). In addition, Goal 15 requires that the City's Greenway implementation measures will: "Insure that the best possible appearance, landscaping and public access are provided" within the Greenway, • Ensure that to "the greatest possible degree" any "intensification, change of use or development will provide the maximum possible landscaped area, open space or vegetation between the activity and the river," and • Ensure that that to "the greatest possible degree" "[n]ecessary public access will be provided to and along the river by appropriate legal means." Prior to the 2017 passage of Senate Bill 1051, ORS 197.307(4) and the Willamette Greenway laws worked in concert. Prior to Senate Bill 1051, housing not located on "buildable land" was not entitled to clear and objective standards. Lands within the Willamette River Greenway are specifically exempt from the definition of "buildable land" by the Land Conservation and Development Commission (LCDC). OAR 660-008-0005(2). Consequently, prior to the passage of SB 1051, housing constructed on land within in the Willamette River Greenway was explicitly outside the scope of the clear and objective requirement. However, the historic harmony between the state law requirements applicable to lands within the Greenway and the state law requirement for clear and objective standards was disrupted by the passage of Senate Bill 1051. In 2017, the Oregon Legislature adopted Senate Bill 1051, which amended ORS 197.307(4) to remove the phrase "on buildable land." The plain language of ORS 197.307(4) now requires that local governments offer all housing applicants the option to proceed under clear and objective standards; there is no longer an exemption from the "clear and objective" requirement for housing that is not located on "buildable land." To address this inherent conflict between the subjective requirements of Goal 15 and the "clear and objective" requirements of ORS 197.307(4), the Willamette River Greenway Code Amendments create a two-track system that is consistent with the clear and objective requirements of ORS 197.307(4) and (6), and OAR 660-008-0015. This two-track system is also consistent with the City's treatment of applications for Conditional Use Permits, Planned Unit Developments, Partitions, Subdivisions and Site Review, all of which include a clear and objective track, as well as a discretionary track. The Code Amendments introduce a set of clear and objective approval criteria for Willamette Greenway Permit applications in addition to the existing discretionary approval criteria. Page 13 of 125 8 Attachment 1 An applicant who wishes to build housing in the Greenway may now choose to utilize a review process that contains only clear and objective standards. If an applicant proposing housing within the Greenway desires more flexibility than is afforded by the clear and objective standards, the applicant may choose to proceed under the subjective, but more flexible discretionary standards. For all the reasons outlined above, the Willamette River Greenway Code Amendments are consistent with Statewide Planning Goal 10. Goal 11- Public Facilities and Services: To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. The Willamette River Greenway Code Amendments do not affect the planning or development of future public facilities or services. The code amendments do not make changes to the City's provision of public facilities and services or to the currently adopted Eugene/Springfield Public Facilities and Services Plan (PFSP). Consistent with the PFSP, the City will continue to plan and develop public facilities to support the land uses designated in the City's acknowledged comprehensive plan, including public facility projects that support the development of housing. Therefore, the amendments are consistent with Statewide Planning Goal 11. The City of Eugene updated the PFSP during the adoption of Eugene Urban Growth Boundary in 2017 to ensure that all residential lands could be served. More recently, the City of Eugene and City of Springfield received a grant from the Department of Land Conservation and Development on October 6, 2021 to update the PFSP, including updates specifically focused on supporting housing development. Goal 12- Transportation: To provide and encourage a safe, convenient and economic transportation system. Goal 12 is implemented through the Transportation Planning Rule (TPR), OAR Chapter 660, Division 12. Eugene's 2035 Transportation System Plan provides the policy framework through which the TPR is implemented at the local level. The TPR includes the following requirements at OAR 660-012-0060: (1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation (including a zoning map) would significantly affect an existing or planned transportation facility, then the local government must put in place measures as provided in section (2) of this rule, unless the amendment is allowed under section (3), (9) or (10) of this rule. A plan or land use regulation amendment significantly affects a transportation facility if it would: (a) Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors in an adopted plan); (b) Change standards implementing a functional classification system; or (c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection based on projected conditions measured at the end of the planning period identified in the adopted TSP. As part of evaluating projected conditions, the amount of traffic projected to be generated within the area of the amendment may be reduced if the amendment includes an enforceable, ongoing requirement that would demonstrably limit traffic generation, including, but not limited to, transportation demand management. This reduction may diminish or completely eliminate the significant effect of the amendment. (A) Types or levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; (e) Degrade the performance of an existing or planned transportation facility such that it would not meet the performance standards identified in the TSP or comprehensive Page 14 of 125 Attachment 1 plan; or, (C) Degrade the performance of an existing or planned transportation facility that is otherwise projected to not meet the performance standards identified in the TSP or comprehensive plan. The TPR requires that land use changes that would significantly affect a transportation facility provide mitigation measures to address the anticipated impacts. The Willamette River Greenway Code Amendments will not significantly affect a planned or existing transportation facility, and no changes to existing, adopted land use designations or zoning of properties within the Greenway are proposed. The amendments will not change the functional classification of an existing or planned transportation facility, nor change any standards implementing a functional classification system. Further, because the amendments do not alter or affect the land uses allowed on properties within the Willamette Greenway Boundary, the amendments will not result in levels of travel or access which are inconsistent with the functional classification of an existing or planned transportation facility or degrade the performance standards of an existing or planned transportation facility so that it will not meet the performance standards identified in the City's adopted transportation system plan. Therefore, the Willamette River Greenway Code Amendments are consistent with Statewide Planning Goal 12. Goal 13 - Energy Conservation: To conserve energy. Goal 13 provides guidance on the management of land and land uses to maximize the conservation of energy. The Willamette River Greenway Code Amendments do not concern energy conservation. Therefore, Statewide Planning Goal 13 does not apply. Goal 14 - Urbanization: To provide for an orderly and efficient transition from rural to urban land use. The Willamette River Greenway Code Amendments are specific to land already zoned and designated for urban uses. The amendments do not affect the transition from rural to urban land uses, as all the property affected by the amendments is located within the City limits. The Willamette River Greenway Code Amendments are therefore consistent with Statewide Planning Goal 14. Goal 15 - Willamette River Greenway: To protect, conserve, enhance and maintain the natural, scenic, historical, agricultural, economic and recreational qualities of lands along the Willamette River as the Willamette River Greenwav. Oregon Statewide Planning Goal 15: Willamette River Greenway (OAR 660-015-0005) was adopted by the Land Conservation and Development Commission (LCDC) on December 6, 1975. Goal 15 is designed to "protect, conserve, enhance and maintain the natural, scenic, historical, agricultural, economic and recreational qualities of lands along the Willamette River as the Willamette River Greenway." Goal 15 implementation measures, to be achieved through cooperative efforts of state and local governments, include the adoption of Greenway boundaries, management of uses permitted within those boundaries, and provisions for compatibility review. Eugene's existing adopted and acknowledged Willamette River Greenway regulations comply with Goal 15, which requires cities and counties to establish provisions, by ordinance, for the review of intensifications of use, changes in use, or developments to ensure their compatibility with the Willamette Greenway. The City's adopted and acknowledged Willamette Greenway regulations allow the City the approve uses, to apply requirements and approval criteria, and to impose conditions as necessary to carry out the purpose and intent of Goal 15 and to ensure that any intensification of use, changes in use, or developments are compatible with the Willamette Greenway. The following sections include findings that address compliance with relevant Goal 15 provisions in more detail, as they relate to the Willamette River Greenway Amendments. Page 15 of 125 10 Attachment 1 OAR 660-015-0005 B. sets out the following Greenway inventory requirements: Inventories and Data. Information and data shall be collected to determine the nature and extent of the resources, uses and rights associated directly with the Willamette River Greenway. These inventories are for the purpose of determining which lands are suitable or necessary for inclusion within the Willamette River Greenway Boundaries and to develop the plans and management and acquisition programs.... The Willamette River Greenway Code Amendments do not amend the City's adopted Willamette River Greenway boundary, or any land use plans, or management or acquisition programs related to the Greenway. Therefore, the City Council finds that the City is not required to conduct any of the inventories listed in OAR 660- 015-005 B in conjunction with adoption of the Willamette River Greenway Code Amendments. OAR 660-015-0005 E. sets out the following comprehensive plan requirements: 1. Boundaries: Boundaries of the approved Willamette River Greenway shall be shown on every comprehensive plan. In 1976, the City of Eugene approved Resolution No. 2592 which included the establishment of a Willamette River Greenway Boundary and identification of potential acquisition sites. The Greenway boundaries have been digitized in the Regional Land Information Database (RLID) and are shown as an overlay on the land use diagram included in the Eugene-Springfield Metropolitan Area General Plan (Metro Plan), the adopted and acknowledged regional comprehensive plan. The jurisdictional area of the Metro Plan was found to be in compliance with Goal 15 on September 12, 1982. Nothing in the Willamette Greenway Code Amendments changes or amends the Metro Plan or the City's adopted Willamette River Greenway boundary. The City Council therefore finds that this comprehensive plan requirement is met. 2. Uses: Each comprehensive plan shall designate the uses to be permitted for the rural and urban areas of each jurisdiction, which uses shall be consistent with the approved DOT Greenway Plan, the Greenway Statutes, and this Goal. In addressing uses permitted within the portion of the Willamette River Greenway located in the City of Eugene, Element D of the Metro Plan, the "Willamette River Greenway, River Corridors, and Waterways Element," generally provides that within Eugene, much of the land within the Greenway Boundary is in public ownership as public parks such as Skinner's Butte Park and Alton Baker Park. The element further provides that park acquisitions, such as acquisition of the area of the Goodpasture Island gravel ponds, expand opportunities for public access and enjoyment of the river. The element also describes how Eugene cooperated with Springfield and Lane County in the development of a bicycle-pedestrian trail system that extends along the Greenway from south of Springfield to north of Eugene and into the River Road area. This system includes five bike bridges across the river. The element also acknowledges that land within the Greenway boundary that is in private ownership includes a variety of uses, including residential, commercial and industrial uses, some of which appear to provide greater opportunity than others for public access and enjoyment of the river. The element states that residential uses along the Greenway have the potential to provide residents with access to the river, while certain commercial uses, such as restaurants, can provide visual access. The City of Eugene retains primary responsibility for implementation of the requirements of Goal 15. The land uses allowed in the portion of the Greenway located within the City of Eugene are controlled by the zoning and designation of the property. The City of Eugene requires Willamette River Greenway permits for any changes of use, intensifications of use and development within the Willamette River Greenway boundary. Nothing in the Willamette River Greenway Code Amendments changes or amends the Metro Plan or rezones or redesignates any properties. The City Council therefore finds that this comprehensive plan requirement is met. Page 16 of 125 11 Attachment 1 3. Acquisition Areas: Each comprehensive plan shall designate areas identified for possible public acquisition and the conditions under which such acquisition may occur as set forth in the approved DOT Willamette Greenway Plan and any other area which the city or county intends to acquire. Element D of the Metro Plan, the "Willamette River Greenway, River Corridors, and Waterways Element," generally acknowledges that land within the Greenway may be acquired for park use. Nothing in the Willamette River Greenway Code Amendments changes or amends the Metro Plan. OAR 660-015-0005 F. sets out the following requirements in the form of implementation measures to be achieved through cooperative efforts of State and local governments, consistent with Statewide Planning Goal 15, state statutes, and local governments' comprehensive plans. These measures include: • Boundaries: Establishment of a Willamette River Greenway boundary on zoning maps and referred to in zoning and subdivision ordinances. Uses: Management of uses within the Greenway including use management considerations and requirements required by section C3 of Goal 15. Greenway Compatibility Review: Establishment of provisions by ordinance for the review of intensifications, changes in use, or developments to ensure compatibility with the Willamette Greenway. Each of these topic areas are addressed with additional findings below: F.1. Boundaries: Willamette River Greenway boundaries shall be shown on city and county zoning maps and referred to in the zoning ordinance and the subdivision ordinance. In 1976, the City of Eugene approved Resolution No. 2592 which included the establishment of a Willamette River Greenway boundary and identification of potential acquisition sites. In Eugene, the officially recognized Greenway boundary is the boundary adopted by Resolution No. 2592, however these Greenway boundaries have also been digitized in the Regional Land Information Database (RLID) and are shown as a layer that can be viewed on the Eugene Zoning Map, available on the City's website. The City Council finds that Chapter 9 of the Eugene Code constitutes the City's "zoning ordinance" and "subdivision ordinance" as those terms are used in Goal 15. EC 9.8805 provides that Willamette Greenway Permits are required for all "intensifications of uses, changes in use, or developments within the boundaries of the Willamette River Greenway established by Resolution No. 2592;" therefore, the City Council finds that the Willamette River Greenway boundaries are shown on the City zoning map and referred to in the City's zoning and subdivision ordinance as required. F.2. Uses: Measures for managing uses within the Greenway shall include at least: a. Exclusive farm use zoning of all agricultural land within and adjacent to the Greenway; The Willamette River Greenway Code Amendments do not rezone or re-designate any lands designated or zoned for exclusive farm use zoning or other agricultural uses. The Code Amendments only impact urban lands within the portion of the Willamette River Greenway located within the City of Eugene. b. Floodplain zoning of all areas subject to flooding, The City's floodplain regulations stem from Federal Emergency Management Agency (FEMA) requirements as administered by local agencies. The City requires a floodplain development permit for all development within the floodplain, which is administered through building permit review and is not a land use decision, however development within the Willamette River Greenway and /WR conservation areas require land use review and approval, if permitted according to those separately applicable approval criteria for Willamette River Greenway Page 17 of 125 12 Attachment 1 Permits and Standards Review. Development is generally allowed in the floodplain subject to additional standards for Special Flood Hazard Areas. Eugene's land use code has provisions regulating development in these areas as mapped according to the FEMA, at EC 9.6705-9.6709. In short, those regulations impose additional requirements such as building the lowest floor to a height at or above the "Base Flood Elevation" and other design requirements intended to minimize damage to infrastructure and buildings within the floodplain and help protect human life and health more generally. Design requirements include special provisions for anchoring, construction materials and methods, and required openings to allow for water flow below the required first floor elevation. The Willamette Greenway Code Amendments do not amend or otherwise include any changes to applicable floodplain regulations within the Greenway. c. Open space zoning (see ORS Chapter 308.740) of all open space areas, and As discussed previously, the City has developed an established network of public parks, open space areas, natural areas and multi-use paths that extend along 12 miles of Willamette River frontage to provide for the recreational needs of the citizens of Eugene and others. The network includes ten parks and two community centers, and 25.8 miles of public paths located within or adjacent to the Willamette River Greenway. Approximately 44% of the overall lands within the Willamette River Greenway boundary in Eugene are City- owned park land. Much of this land is designated for park and open space uses on the adopted Metro Plan land use diagram, and appropriately zoned for public uses according to the City's PL, Public Land Zone. The Willamette Greenway Code Amendments do not rezone or amend any existing plan designations, or the status of any existing park land intended for open space uses relating to enjoyment of the river. d. Provisions for the use management considerations and requirements set forth in C3 of (Goal 151. As discussed in detail below, the City Council finds that the Willamette River Greenway Code Amendments comply with paragraph C.3. of Goal 15, and therefore also comply with this implementation measure F.2.d. OAR 660-015-0005 C. sets out the following additional considerations and requirements related to Greenway plans and implementation measures as referenced in OAR 660-015-0005 F., subsection F.2.d. as noted above: 3. Use Management Considerations and Requirements. Plans and implementation measures shall provide for the following: a. Agricultural lands The agricultural lands identified in the inventory shall be preserved and maintained as provided in Goal3 as an effective means to carry out the purposes of the Greenway including those agricultural lands near the Green way. Lands devoted to farm use which are not located in an exclusive farm use zone shall be allowed to continue in such farm use without restriction as provided in ORS 390.314(2)(c), ORS 390.332(4) and ORS 390.334(2); The Willamette River Greenway Code Amendments do not rezone or redesignate any lands designated or zoned for agricultural use. The Code Amendments only impact urban lands within the portion of the Willamette River Greenway located within the City of Eugene. The Code Amendments provide a set of clear and objective approval criteria available to Willamette River Greenway Permit applicants proposing housing. The Code Amendments do not regulate or prevent farm uses within or near the Willamette River Greenway. b. Recreation (1) Local, regional and state recreational needs shall be provided for consistent with the carrying capacity of the land; (2) Zoning provisions shall allow recreational uses on lands to the extent that such use would not substantially interfere with the long-term capacity of the land for farm use are defined in ORS 215.203; Page 18 of 125 13 Attachment 1 (3) The possibility that public recreation use might disturb adjacent property shall be considered and minimized to the greatest extent practicable; (4) The public parks established by section 8a of Chapter 558, 1973 Oregon Laws, shall be set forth in Oregon Laws, shall be set forth on the appropriate comprehensive plans and zoning established which will permit their development, use and maintenance, The City Council finds that much of the land within the Willamette River Greenway boundary is in public ownership as public parks, such as Skinner's Butte Park and Alton Baker Park. Over the years, Eugene has cooperated with Springfield and Lane County in the development of a bicycle-pedestrian trail system that extends along the Greenway from south of Springfield to north of Eugene and into the River Road area. This system includes five bike bridges across the river. The Willamette River Greenway Code Amendments do not change any existing public ownership or status of land devoted to recreational uses, as allowed through the City's existing zoning or related standards for park, recreation or open space facilities. The Code Amendments also do not include the establishment or change the status of any parks as referenced under this provision, nor any specific development of park recreation use that might disturb adjacent property that would require further consideration or to be minimized. c. Access --Adequate public access to the river shall be provided for, with emphasis on urban and urbanizable areas; As noted above, Eugene has cooperated with Springfield and Lane County in the development of a bicycle- pedestrian trail system that extends along the Greenway from south of Springfield to north of Eugene and into the River Road area. This system includes five bike bridges across the river. The City Council finds that the many public access points to the Willamette River and the portion of the Willamette Greenway located within the City of Eugene are shown on the map titled Willamette Greenway Public Access Points, which is adopted and incorporated in support of these findings (see Attachment B). The Willamette River Greenway Code Amendments include access standards in the new clear and objective standards for the review of proposed housing development, to ensure compliance with the requirements of Goal 15 by requiring pedestrian pathways within development sites toward the river, and in some instances public accessways that will connect beyond the development site to existing public ways that provide access to and along the river. d. Fish and wildlife habitat Significant fish and wildlife habitats shall be protected, The Willamette River is identified as a significant fish and wildlife habitat resource according to the Metro Plan's Natural Assets and Constraints Working Papers (April 12, 1978) as well as through the City's more recent Goal 5 inventory and related protection measures adopted in 2005 (see Ordinance No. 20351). The City Council finds that the Greenway Setback established by these Code Amendments, along with the additional standards for tree preservation and native landscape buffering, will protect significant fish and wildlife habitat as required by Goal 15 and will work in concert with the City's adopted Goal 5 protection measures to continue to protect significant fish and wildlife habitats associated with the Willamette River. Although both the Willamette Greenway Code Amendments and the City's adopted Goal 5 protection measures codified as the /WR Water Resources Overlay Zone have the effect of protecting the significant fish and wildlife habitat associated with the Willamette River, the intent and requirements of Goal 5 and the /WR Water Resources Conservation Overlay Zone on the one hand, and Goal 15 and the City's Willamette River Greenway regulations on the other hand, are fundamentally different. Goal 5 is focused on protection of the Willamette River and its riparian areas as a water resource. Goal 15, on the other hand, is focused on the entire area within the adopted Willamette River Greenway boundary (which in many areas extends much further from the river than the adjacent riparian areas) in order to ensure that development is compatible with the Greenway. The City Council finds that the City's Willamette River Greenway regulations (as amended by the Willamette River Greenway Code Amendments) apply independently of the City's adopted Goal 5 protection measures, but taken Page 19 of 125 14 Attachment 1 together these local regulations collectively ensure the protection of the Willamette River and its associated fish and wildlife habitat. e. Scenic qualities and views --identified scenic qualities and viewpoints shall be preserved; According to the Metro Plan's Natural Assets and Constraints Working Paper for Scenic Sites (April 12, 1978), ridgelines and water areas provide the greatest concentrations of scenic sites in the Eugene-Springfield Metro area. These scenic sites include the Willamette River as well as several prominent viewpoints and areas of park land such as Skinner's Butte Park and Alton Baker Park. Areas of prominent and plentiful vegetation are also identified along the Willamette River. The vast majority of scenic areas located within the Greenway are protected as public park land. These Code Amendments will ensure continued protection of identified scenic qualities and views within the Greenway as required. The new clear and objective standards for the review of proposed housing within the Greenway protect the scenic qualities of the Greenway and views to and from the river by prohibiting structures other than pedestrian paths within the Greenway Setback, requiring native landscape buffering between development and the edge of the Greenway setback, limiting on walls and fencing near the river, and requiring tree preservation, with greater preservation required closer to the river. The Code Amendments also require compliance with tree preservation standards for Willamette Greenway Permits reviewed under the discretionary track. f. Protection and safety --The Willamette River Green way Program shall provide for the 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; The Willamette River Greenway Code Amendments do not make any changes to public safety measures or protection of property within the Greenway. The City Council finds that the majority of lands within the Greenway are public, and many are designated as public parks. Nothing in these Code Amendments alters maintenance or public safety activities conducted by the City within the Willamette River Greenway boundary. Additionally, nothing in the Code Amendments alters or affects the rights of property owners to trespass individuals from their property. g. Vegetative fringe --The natural vegetative fringe along the River shall be enhanced and protected to the maximum extent practicable; As discussed under the Greenway compatibility review requirements of Goal 15 below, the City Council finds that the tree preservation and native landscaping requirements, as well as the limits on allowed structures within the Greenway Setback included in the Willamette River Greenway Code Amendments will protect and enhance the natural vegetative fringe along the Willamette River consistent with this requirement. h. Timber resource The partial harvest of timber shall be permitted beyond the vegetative fringes in areas not covered by a scenic easement when the harvest is consistent with an approved plan under the Forest Practices Act, or, if not covered by the Forest Practices Act, then with an approved plan under the Greenway compatibility review provisions. Such plan shall insure that the natural scenic qualities of the Greenway will be maintained to the greatest extent practicable or restored within a brief period of time; The Willamette River Greenway Code Amendments do not include any lands designated for forest use, nor do they regulate plans approved under the Forest Practices Act for timber harvest. The amendments do include new standards for tree preservation, removal, and mitigation (i.e. restoration through replanting of trees that may be removed according to the new standards). The new tree preservation standards are included in both the clear and objective approval criteria as well as the discretionary approval criteria for Willamette River Greenway Permit applications. The City Council finds that to this extent this section of Goal 15 is applicable to Page 20 of 125 15 Attachment 1 urban lands located within the City limits of Eugene, the tree regulations included in the Willamette River Greenway Code Amendments will balance Goal 15's expectation of development within the Greenway boundaries with maintenance and restoration of the natural scenic qualities of the Greenway. Aggregate extraction Extraction of known aggregate deposits may be permitted when compatible with the purposes of the Willamette River Greenway and when economically feasible, subject to compliance with ORS 541.605 to 541.695, ORS 517.750 to 517.900 and subject to compliance with local regulations designed to minimize adverse effects on water quality, fish and wildlife, vegetation, bank stabilization, streamflow, visual quality, noise, safety and to guarantee necessary reclamation; The Willamette River Greenway Code Amendments do not include any lands designated for uses related to extraction of aggregate deposits. According to the Metro Plan, the only lands specifically designated for the extraction of sand and gravel along the Willamette River exist beyond the City's Urban Growth Boundary, outside of the area affected by these amendments. j. Development away from river Developments shall be directed away from the river to the greatest possible degree; provided, however, lands committed to urban uses within the Greenway shall be permitted to continue as urban uses, including port, industrial, commercial and residential uses, uses pertaining to navigational requirements, water and land access needs and related facilities; As discussed under the Greenway compatibility review requirements of Goal 15 below, the City Council finds that the combination of Greenway Setbacks, and standards for tree preservation, native landscaping and access to the river included in the Willamette River Greenway Code Amendments will direct development away from the river to the greatest possible degree while also appropriately balancing the allowance for development of properties within the Greenway according to existing zoning and plan designations. Lands committed to urban uses according to existing zoning and plan designations will continue to be permitted, subject to Willamette Greenway Permit approval, consistent with this requirement. k. Greenway setback --A setback line will be established to keep structures separated from the river in order to protect, maintain preserve and enhance the natural, scenic, historic and recreational qualities of the Willamette River Greenway, as identified in the Greenway Inventories. The setback line shall not apply to water-related or water-dependent uses. As discussed under the Greenway compatibility review requirements of Goal 15 below, the City Council finds that the establishment of Greenway Setbacks included in these Code Amendments will keep structures separated from the river as required to protect, maintain preserve and enhance the natural, scenic, historic and recreational qualities of the Willamette River Greenway. More specifically, the clear and objective track approval standards for proposed housing within the Greenway include a prohibition on the development of new structures within the Greenway setback except for pedestrian pathways and public accessways as necessary in support of water-related uses and enjoyment of the river. Willamette Greenway Permit applications for development of non-residential uses, such as recreational facilities that qualify as water-related or water- dependent uses adjacent to the river, will continue to require approval under the City's discretionary track approval criteria. OAR 660-015-0005 F.3. sets out the Greenway compatibility review requirements to be implemented under Goal 15, which are further addressed below: Page 21 of 125 16 Attachment 1 F.3. Greenway Compatibility Review: Cities and counties shall establish provisions by ordinance for the review of intensifications, changes of use or developments to insure their compatibility with the Willamette River Greenway. Such ordinances shall include the matters in a through a below: a. The establishment of Greenway compatibility review boundaries adjacent to the river within which review of developments shall take place. Such boundaries in urban areas shall be not less than 150 feet from the ordinary low water line of the Willamette River, in rural areas such boundaries shall include all lands within the boundaries of the Willamette River Greenway; The City of Eugene's Greenway compatibility review boundaries include all lands within the boundaries of the Willamette River Greenway. EC 9.8805 provides that Willamette River Greenway compatibility review, in the form of review of a Willamette River Greenway Permit application, is required for all intensifications of use, changes in use and development that occurs within the boundaries of the Greenway. The Code Amendments do not alter or amend the City's Willamette River Greenway compatibility review boundaries. The City Council therefore finds that Willamette Greenway Code Amendments are consistent with this implementation measure. b. The review of intensification, changes of use and developments as authorized by the Comprehensive Plan and zoning ordinance to insure their compatibility with the Greenway statutes and to insure that the best possible appearance, landscaping and public access are provided. Such review shall include the following findings, that to the greatest possible degree: (1) The intensification, change of use or development will provide the maximum possible landscaped area, open space or vegetation between the activity and the river; The City Council finds that the clear and objective approval criteria included in the Willamette Greenway Code Amendments will ensure that, to the greatest possible degree, the intensification, change of use, or development proposed by a Willamette Greenway Permit applicant that proceeds under the clear and objective track in EC 9.8812 will provide the maximum possible landscaped area, open space or vegetation between the activity and the river. The Willamette River Greenway Setback: The Willamette River Greenway Setback established by Willamette River Greenway Setback Map, adopted as Exhibit to the Willamette River Greenway Code Amendments will prevent an applicant who chooses to proceed under the clear and objective track from building any structures within the setback area except pedestrian paths and public accessways proposed or required for compliance with clear and objective approval criteria regarding access to and along the river. The prohibition on structures within the setback includes fences and solid or masonry walls. The setback therefore ensures an area of open space and vegetation between the activity and the river. Prior to adoption of the Willamette River Greenway Code Amendments, the City Council adopted, and the Land Conservation Development Commission acknowledged, Willamette River Greenway Setbacks in three areas of the Greenway: the area included in the boundary of the Willakenzie Area Plan; the area included within the setback established by EC 9.3147, S-DR Downtown Riverfront Special Area Zone Willamette Greenway Setback; and the areas within the setbacks established by EC 9.3715(2), S-RP Riverfront Park Special Area Zone - Development Standards, Setback Requirements and related Policy C.1 from the Riverfront Park Study. The Willamette River Greenway Setback Map, adopted as Exhibit to the Willamette River Greenway Code Amendments, establishes the Willamette River Greenway Setback that applies to applicants that choose to proceed under the clear and objective Willamette River Greenway Permit approval criteria. The Willamette River Greenway Setback incorporates the adopted and acknowledged Willamette River Greenway setbacks included in the Willakenzie Area Plan, EC 9.3147, and EC 9.3715(2) and establishes the clear and Page 22 of 125 17 Attachment 1 objective setback for the remainder of the Willamette River Greenway within the City of Eugene as 100 feet from top of bank. The City Council finds that the adopted and acknowledged Greenway Setbacks included in the Willakenzie Area Plan, EC 9.3147, and EC 9.3715(2), as incorporated into the Willamette River Greenway Setback included with these amendments, have been acknowledged by the Department of Land Conservation and Development to be in compliance with the Statewide Planning Goals, including Goal 15; therefore, the incorporated Greenway Setbacks will ensure that, to the greatest possible degree, the intensification, change of use, or development proposed by a Willamette Greenway Permit applicant that proceeds under the clear and objective track in EC 9.8812 will provide the maximum possible landscaped area, open space or vegetation between the activity and the river. The City Council further finds that the 100 foot setback applicable to applicants proceeding under clear and objective Willamette River Greenway Permit approval standards for properties in areas of the Greenway not subject to the Willakenzie Area Plan, EC 9.3147, or EC 9.3715(2), is consistent with the 100 foot setback applicable through the /WR Water Resources Conservation Overlay Zone, adopted to maintain water resource and riparian protections for the Willamette River, associated tributaries, wetlands and riparian areas as Goal 5 identified resources. Consequently, the City Council finds that a clear and objective Greenway Setback of 100 feet will ensure that, to the greatest possible degree, the intensification, change of use, or development proposed by a Willamette River Greenway Permit applicant that proceeds under the clear and objective track in EC 9.8812 will provide the maximum possible landscaped area, open space or vegetation between the activity and the river, while still allowing the development contemplated by Goal 15. Required Native Landscape Buffer: The clear and objective approval criteria in the Willamette River Greenway Code Amendments also include the requirement for a landscaped area at least 10 feet deep along the length of the Willamette River Greenway Setback and located on the opposite side of the Greenway Setback from the river. The landscaped area must be planted exclusively with native plants selected from a list adopted by the City. Solid and masonry walls are also prohibited within the native landscape area. Fences and Walls: The clear and objective approval criteria in the Willamette River Greenway Code Amendments provide that fences located 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 light and air) to allow views through the fence. In addition, the Code Amendments prohibit solid or masonry walls within the Greenway Setback. Tree Preservation Standards: The Willamette Greenway Code Amendments add tree preservation, mitigation, and removal requirements to both the clear and objective approval criteria and the discretionary approval criteria for a Willamette River Greenway Permit. The clear and objective approval criteria include a requirement for compliance with tree preservation zones, which are situated so that more tree preservation is required close to the river. These standards also require that any trees planted within the setback are native trees selected from a list adopted by the City. The tree preservation standards added to the discretionary track also require preservation of significant trees to the greatest possible degree, and mitigation to the greatest possible degree, for the loss of any significant trees and vegetation through restoration and replacement. Conclusion: For all the reasons listed above, the City Council finds the clear and objective Willamette Greenway Setback and the clear and objective approval criteria related to landscaping, fences, walls and tree preservation will ensure that, to the greatest possible degree, an intensification, change of use, or development proposed by a Page 23 of 125 18 Attachment 1 Willamette River Greenway Permit applicant will provide the maximum possible landscaped area, open space or vegetation between the activity and the river, while still allowing intensifications of use, changes in use, and development within the Willamette River Greenway as contemplated by Goal 15. The City Council therefore finds that Willamette River Greenway Code Amendments are consistent with this implementation measure. (2) Necessary public access will be provided to and along the river by appropriate legal means, The City Council finds that significant public access to and along the Willamette River has been provided over the years, consistent with Goal 15. Specifically, the City Council finds there are ten City-owned parks and two community centers open to the public located within the Willamette River Greenway. The City Council further finds that 782 acres of land within the Greenway are owned by the City as public land and used for park purposes. Finally, the City Council finds that there are 25.8 miles of bike paths open to the public within Eugene's portion of the Willamette Greenway.4 The City Council also adopts and incorporates the map titled "Willamette Greenway Public Access Points," into the Council's findings regarding public access to and along the Willamette River (see Attachment B). This map shows public access points to and within the Willamette River Greenway and will be included on digitized maps be adopted as Exhibit to the Willamette Greenway Code Amendments. The public access points shown on the map include mapped points where public right-of-way and multi-use paths intersect with existing path connections within (or at the edge of) the Willamette River Greenway, that lead to the Willamette River. A more detailed description of the methodology to determine these points and the related walkability analysis conducted to create and refine the map is included in the record for these amendments. Consequently, the City Council finds that significant public access to and along the Willamette River already exists. In addition to the existing public access, the clear and objective approval criteria in the Willamette River Greenway Code Amendments apply the following access requirements to development that will result in five or more dwelling units on one development site: (1) if the development site abuts publicly owned land, three foot wide, on-site pedestrian paths must be provided from the property line nearest the Willamette River to main building entrances; and/or (2) if the development site is located more than 500 feet from a public access point shown on the map titled "Willamette Greenway Public Access Points" as noted above, the City will require the dedication and improvement of a public accessway, extending to existing public ways that provide a connection to or along the Willamette River, provided the City can make the required constitutional findings. For all the reasons listed above, the City Council finds the existing public access to and along the Willamette River, as well as the clear and objective approval criteria related to access included in the Willamette River Greenway Code Amendments, will ensure that, to the greatest possible degree, an intensification, change of use, or development proposed by a Willamette River Greenway Permit applicant will provide necessary public access to and along the river, while still allowing intensifications of use, changes in use, and development within the Willamette Greenway as contemplated by Goal 15. The City Council finds that Willamette River Greenway Code Amendments are consistent with this implementation measure. c. Provision is made for at least one public hearing on each application to allow any interested person an opportunity to speak, The City Council finds that Willamette River Greenway Code Amendments are consistent with this implementation measure because the amendments provide that all Willamette River Greenway Permit 4 In support of these findings, the City Council adopts and incorporates into these findings the information included under the heading "Parks and Recreation System Plan" on page 16 of the Design Plan attached as Exhibit A to these findings. Page 24 of 125 19 Attachment 1 applications, whether the applicant chooses to proceed under the discretionary track or the clear and objective track, will be reviewed in accordance with Type III application procedures in EC 9.7300 through 9.7340, which include a public hearing before the City's Hearings Official, unless considered concurrently with a Type IV or Type V application pursuant to EC 9.7400-9.7455 or EC 9.7500-9.7560. The procedures for Type IV and Type V applications include two required public hearings - one before the Planning Commission and one before the City Council. The City Council finds that Willamette River Greenway Code Amendments are consistent with this implementation measure. d. Provision is made forgiving notice of such hearing at least to owners of record of contiguous property and to any individual or groups requesting notice, and The Willamette Greenway Code Amendments update the City's notice requirements to ensure that notice of a public hearing on a Willamette Greenway permit application is provided to owners of record of property contiguous to the property that is the subject of the Willamette River Greenway application and to any individuals or groups requesting notice. The City Council finds that Willamette Greenway Code Amendments are consistent with this implementation measure. e. Provision is made to allow the imposing of conditions on the permit to carry out the purpose and intent of the Willamette River Greenway Statutes. EC 9.8812 and EC 9.8815 as amended by the Willamette River Greenway Code Amendments allow the City to impose conditions on the approval of a Willamette River Greenway Permit to ensure that the application complies with the applicable approval criteria. The City Council finds that Willamette Greenway Code Amendments are consistent with this implementation measure. f. As an alternative to the review procedures in subparagraphs 3(a) to 3(e), a city or county governing body may prepare and adopt, after public hearing and notice thereof to DOT, a design plan and administrative review procedure for a portion of the Green way. Such design plan must provide for findings equivalent to those required in subparagraphs 3(b)(1) and (2) of paragraph F so as to insure compatibility with the Greenway of proposed intensification, changes of use, or developments. If this alternative procedure is adopted and approved by DOT and LCDC, hearing will not be required on each individual application. The Willamette Greenway Code Amendments do not include or propose a Design Plan or alternative administrative review procedure according to these provisions of Goal 15. The City Council finds that this implementation measure is not applicable.' OAR 660-015-0005 G. sets out further noticing requirements to State agencies as follows: G. Notice of Proposed Intensification, Change of Use, or Development. Government agencies, including cities ...shall not authorize or allow intensification, change of use or development on lands within the boundaries of the Willamette River Greenway compatibility review area established by cities and counties as required by paragraph F 3.a. without first giving written notice to DOT by immediately ' The City's initially proposed version of the Willamette River Greenway Code Amendments included a "Design Plan" and alternative "administrative review procedure" (Type II Application Process) that would not have required a public hearing on Willamette River Greenway Permits reviewed under clear and objective approval criteria. The Willamette River Greenway Code Amendments have since been revised to maintain the City's public hearing procedures for all Willamette Greenway Permits (Type III application process). As such, the City need not seek approval from the Oregon Land Conservation and Development Commission under the provisions of OAR 660-015- 0005F.(3)(f). Instead, these amendments are subject to the normal procedures for Post-Acknowledgement Plan Amendments in accordance with ORS Chapter 197. Page 25 of 125 20 Attachment 1 forwarding a copy of any application by certified mail - return receipt requested. Notice of action taken by [the City] on an application shall be furnished to DOT. The City Council finds that the Willamette River Greenway Code Amendments update Chapter 9 of the Eugene Code to require compliance with paragraph G of Goal 15. Specifically, the Code Amendments require that a copy of the Willamette Greenway Permit application and notice of initial public hearings on Willamette Greenway Permit applications be mailed to both the Oregon Department of Transportation and the Oregon Parks and Recreation Department. Additionally, the Code Amendments require that notice of action taken by the City on a Willamette Greenway application be mailed to the Oregon Department of Transportation and the Oregon Parks and Recreation Department. The City Council finds that the Willamette Greenway Code Amendments are therefore consistent with paragraph G of Goal 15. Based on the findings above, the City Council finds that all applicable requirements of Statewide Planning Goal 15 are met by the Willamette River Greenway Code Amendments. Goal 16 through 19 (Estuarine Resources, Coastal Shorelands, Beaches and Dunes. and Ocean Resources): There are no coastal, ocean, estuarine, or beach and dune resources related to the lands affected by Willamette River Greenway Code Amendments. Therefore, these goals are not relevant, and the Willamette River Greenway Code Amendments will not affect compliance with Statewide Planning Goals 16 through 19. EC 9.8065(2): [The amendments are] consistent with applicable provisions of the comprehensive plan and applicable adopted refinement plans. The following findings address relevant portions of the City's comprehensive plan, specifically including adopted policies and relevant text from the Eugene-Springfield Metropolitan Area General Plan (Metro Plan), the adopted and acknowledged regional comprehensive plan, the Envision Eugene Comprehensive Plan (Envision Eugene), the Eugene-specific adopted and acknowledged comprehensive plan, and applicable adopted refinement plans including the Willakenzie Area Plan, Downtown RiverfrontSpecificArea Plan, and Riverfront Park Study. The area within the Willamette River Greenway Boundary which is the subject of the Willamette River Greenway Code also encompasses land within parts of other refinement plan areas including the River Road-Santa Clara Urban Facilities Plan and Whiteaker Plan. While these additional refinement plans do not contain specific adopted policies relevant to the Willamette River Greenway Code Amendments, they are nonetheless considered with additional findings below for context, and to ensure that all applicable refinement plans have been addressed. There are no specific adopted policies from the Envision Eugene Comprehensive Plan (Envision Eugene) that require additional findings under this criterion. Eugene-Springfield Metropolitan Area General Plan (Metro Plan) The Eugene-Springfield Metropolitan Area General Plan (Metro Plan) functions as a component of the City's overall comprehensive plan and addresses a variety of land use planning responsibilities that remain regional in nature between Lane County, Springfield and Eugene. The Willamette River Greenway is one such element of the Metro Plan that is regional in nature and provides general policy direction for all three jurisdictions, but leaves the primary responsibility for local implementation of (and compliance with) Goal 15 requirements to each local jurisdiction. The local implementation measures vary by jurisdiction, but all three generally include codified Greenway compatibility review procedures, setback requirements and other required development standards such as for public access to and along the river. The primary purpose of the proposed Willamette River Greenway Code Amendments is to create a new set of clear and objective approval criteria and standards that will be available to applicants proposing housing Page 26 of 125 21 Attachment 1 development within the Greenway, consistent with the "clear and objective" requirements of ORS 197.307, and consistent with the requirements of Goal 15. The Willamette River Greenway Code Amendments will only impact the portion of lands within the adopted Willamette River Greenway Boundary that are within Eugene's jurisdiction; however, the Metro Plan provides helpful context for the regional policy framework and understanding how Goal 15 requirements are implemented locally. A brief discussion of Eugene's legislative history relating to Goal 15 and the Metro Plan is therefore provided below. The Willamette River Greenway, River Corridors, and Waterways Element (Element D) is one of eleven specific elements within the Metro Plan. The introductory text of Element D notes that the jurisdictional area of the Metro Plan (i.e. the area within the overall Metro Plan Boundary), including areas within the Willamette River Greenway Boundary, was found to be in compliance with Goal 15 on September 12, 1982. The Greenway Boundary has been digitized in the Lane County Regional Land Information Database (RLID) and is shown as an overlay on the adopted Metro Plan land use diagram. In Eugene, the officially recognized Greenway Boundary is the boundary adopted by Resolution No. 2592 in 1976. As noted previously, the proposed Willamette River Greenway Code Amendments do not change or amend the City's adopted Willamette River Greenway Boundary. Element D includes a general discussion about land ownership and public access which is relevant to the Willamette River Greenway Code Amendments. Within Eugene, much of the land within the Greenway Boundary is in public ownership as public parks such as Skinner's Butte Park and Alton Baker Park. The element includes discussion related to park acquisitions, such as acquisition of the area of the Goodpasture Island gravel ponds, which have further expanded opportunities for public access and enjoyment of the river. The element also describes how Eugene cooperated with Springfield and Lane County in the development of a bicycle- pedestrian trail system that extends along the Greenway from south of Springfield to north of Eugene and into the River Road area. This system includes five bike bridges across the river. The element also notes that land along the Greenway in private ownership includes a variety of uses, some of which appear to provide greater opportunity than others for public access and enjoyment of the river. The element states that residential uses along the Greenway have the potential to provide residents with access to the river, while certain commercial uses, such as restaurants, can provide visual access. The Willamette River Greenway Code Amendments do not rezone or re-designate any properties, nor do they amend the text of the Metro Plan or the Metro Plan diagram. Due to the regional nature of the adopted Greenway policies in the Metro Plan, and the limited scope of the Willamette River Greenway Code Amendments in establishing clear and objective standards for the review of proposed housing within Eugene's Willamette Greenway Boundary, only of few of the policies from Element D as listed below are specifically relevant to the Willamette River Greenway Code Amendments: Willamette River Greenway, River Corridors, and Waterways Element D.1 Periodically, local governments shall review Greenway boundaries, uses, and potential acquisition areas to ensure continued compliance with state and local Greenway goals. The scope of the Willamette River Greenway Code Amendments is limited to the establishment of new clear and objective standards for the review of proposed housing within the Greenway, as well as to add comparable discretionary tree preservation standards for the review of Willamette Greenway Permits to maintain parity between the City's two review tracks. These Code Amendments do not include any changes to the existing adopted Willamette River Greenway boundary according to Resolution 2592 as discussed above, nor the identification of any additional potential acquisition areas, or changes to allowed uses according to existing zoning and plan designations. These amendments are however necessary to ensure continued compliance with the requirements of Goal 15 and State law, consistent with Metro Plan Policy D.1. Page 27 of 125 22 Attachment 1 D.2 Land use regulations and acquisition programs along river corridors and waterways shall take into account all the concerns and needs of the community, including recreation, resource, and wildlife protection; enhancement of river corridor and waterway environments; potential for supporting non-automobile transportation; opportunities for residential development, and other compatible uses. The Willamette River Greenway Code Amendments include updates to the City's land use regulations for Willamette River Greenway Permits consistent with this policy by considering extensive public input through the adoption process, including both oral and written testimony at public hearings before the Eugene Planning Commission and City Council. These Code Amendments have appropriately taken community input into account as evidenced by substantial revisions to the initial draft code and further refinements throughout the process to date, related to public access for the recreational use and enjoyment of the river by pedestrians and bicyclists (non-automobile transportation), as well as resource protections related to the scenic and wildlife habitat values of the Greenway. The City Council finds that these concerns have been properly balanced with the need to ensure continuing compliance with Goal 15 and State law by providing clear and objective standards for the review of proposed residential development within the Greenway, where already allowed according to existing zoning and plan designations. The addition of discretionary tree preservation standards to the City's will also provide comparable standards between the two review tracks, including the review of Willamette Greenway Permits to ensure the compatibility of non-residential uses that do not qualify for review under the new clear and objective track. These Code Amendments are therefore consistent with Metro Plan Policy D.2. D.3 Eugene, Springfield, and Lane County shall continue to cooperate in expanding water- related parks and other facilities, where appropriate, that allow access to and enjoyment of river and waterway corridors. The City's continuing cooperation with Springfield and Lane County as it relates to expansion of water-related parks and other facilities is unaffected by the Willamette River Greenway Code Amendments. As described elsewhere in these findings, these amendments do however include new standards that will allow, and in some cases will have the effect of improving access for enjoyment of the river through the required provision of pedestrian pathways and public accessways according to the clear and objective standards for proposed housing within the Greenway. D.4 Lane County, Springfield, and Eugene shall continue to participate in efforts to determine the feasibility of an urban canal that would connect Eugene's historic Millrace to Amazon Creek. Likewise, Springfield's efforts to improve the scenic quality of its Millrace should be encouraged. The Willamette River Greenway Code Amendments do not relate to the above policy concerning efforts to determine the feasibility of an urban canal that would connect Eugene's historic Millrace to Amazon Creek, nor the Millrace in Springfield which is outside of Eugene's jurisdiction. Therefore, Metro Plan Policy D.4 does not apply. D.5 New development that locates along river corridors and waterways shall be limited to uses that are compatible with the natural, scenic, and environmental qualities of those water features. As addressed previously in these findings, the Willamette River Greenway Code Amendments will not change allowed uses according to the existing zoning and plan designations of lands within the Greenway, and otherwise comply with required compatibility review provisions under Statewide Planning Goal 15. The Code Amendments include new clear and objective standards for the review proposed housing to ensure that allowed residential uses (subject to approval of a Willamette River Greenway Permit) are compatible with the natural, Page 28 of 125 23 Attachment 1 scenic, and environmental qualities of the Willamette River as required by Goal 15 and Metro Plan Policy D.5. These include Greenway Setback requirements, native landscape buffer requirements, tree preservation standards, and limitations on walls and fencing that will apply if an applicant chooses to follow the clear and objective review track. Taken together with the tree preservation requirements added to the City's existing discretionary track approval criteria, these Code Amendments are consistent with Metro Plan Policy D.5. D.6 New industrial development that locates along the Willamette and McKenzie Rivers shall enhance natural, scenic, and environmental qualities. The Willamette River Greenway Code Amendments do not relate the above policy concerning industrial development along the Willamette River. Therefore, Metro Plan Policy D.6 does not apply. D.7 Potential public access points in rural agricultural areas shall be carefully reviewed to ensure preservation of the Willamette River Greenway environment, with special emphasis on problems of vandalism and trespass. The Willamette River Greenway Code Amendments do not relate the above policy concerning rural agricultural areas which only exist outside of Eugene's Urban Growth Boundary. Therefore, Metro Plan Policy D.7 does not apply. D.8 Within the framework of mandatory statewide planning goals, local Willamette River Greenway plans shall allow a variety of means for public enjoyment of the river, including public acquisition areas, residential areas, and commercial areas. The Willamette River Greenway Code Amendments are consistent with this policy as demonstrated in previous findings of compliance with applicable Statewide Planning Goals (see findings of compliance according to the approval criterion for these Code Amendments at EC 9.8065(1) above). The Code Amendments include provisions that balance the allowance for uses according to existing zoning and plan designations (including residential and commercial areas as noted in the policy), with protections afforded under the Greenway compatibility review requirements of Goal 15. Applicants for Willamette River Greenway Permits will be able to utilize the new clear and objective Greenway standards for proposed housing development if they so choose, whereas commercial development will require review according to the discretionary track approval standards. In addition to allowing these uses (subject to Willamette River Greenway Permit approval) as a means for public enjoyment of the river, the Code Amendments also include standards for access to the river and adjacent public lands within the Greenway consistent with Metro Plan Policy D.8. D.9 Local and state governments shall continue to provide adequate public access to the Willamette River Greenway. As addressed above regarding the public access requirements of Goal 15, Eugene has cooperated with Springfield and Lane County over the years in the development of a bicycle-pedestrian trail system that extends along the Greenway from south of Springfield to north of Eugene and into the River Road area. This system includes five bike bridges across the river. The City Council finds that the many public access points to the Willamette River and the portion of the Willamette River Greenway located within the City of Eugene are shown on the map titled Willamette Greenway Public Access Points, which is adopted and incorporated in support of these findings as noted previously (see Attachment B). The Willamette River Greenway Code Amendments include access standards in the new clear and objective standards for the review of proposed housing development, to ensure compliance with the requirements of Goal 15 as well as Metro Plan Policy D.9 above, by requiring pedestrian pathways within development sites toward the river, and in some instances public accessways that will connect beyond the development site to existing public ways that provide access to and Page 29 of 125 24 Attachment 1 along the river. The Willamette River Greenway Code Amendments are therefore consistent with Metro Plan Policy D.9. D.10 Aggregate extraction may be permitted when compatible with purposes of Statewide Planning Goal 15. Local governments shall continue, through land use planning and special regulations, to control aggregate extraction to minimize adverse effects of extraction on water quality, fish and wildlife, vegetation, bank stabilization, stream flow, scenic quality, noise, and safety. The Willamette River Greenway Code Amendments do not relate the above policy concerning aggregate extraction. According to the Metro Plan, the only lands specifically designated for the extraction of sand and gravel along the Willamette River exist beyond the City's Urban Growth Boundary, outside of the area affected by these amendments. Therefore, Metro Plan Policy D.10 does not apply. D.11 The taking of an exception shall be required if a non-water-dependent transportation facility requires placing of fill within the Willamette River Greenway setback. The Willamette River Greenway Code Amendments do not relate the above policy or otherwise require a Goal exception for the placement of fill within the Willamette River Greenway setback. Therefore, Metro Plan Policy D.11 does not apply. The following findings further demonstrate that the Willamette River Greenway Code Amendments are also consistent with, and supported by, other applicable Metro Plan policies as listed below. Residential Land Use and Housing Element Residential Density A.14 Review local zoning and development regulations periodically to remove barriers to higher density housing and to make provisions for a full range of housing options. Housing Types and Tenure A.17 Provide opportunities for a full range of choice in housing type, density, size, cost, and location. Design and Mixed Use A.24 Consider adopting or modifying local zoning and development regulations to provide a discretionary design review process or clear and objective design standards, in order to address issues of compatibility, aesthetics, open space, and other community concerns. While the Willamette River Greenway Code Amendments are not specifically targeted at higher density housing, the amendments are consistent with Metro Plan policy A.14 in that they will remove potential barriers to housing by providing a set of clear and objective set of standards for the review of Willamette River Greenway Permit applications required for the development of proposed housing within Eugene's Willamette River Greenway boundary. The clear and objective Willamette River Greenway Permit standards will be available proposals for all housing types allowed by the zoning of properties in the Greenway; and therefore support the development of a full range of choice in housing type, density, size, and cost within the Greenway, consistent with Metro Plan Policy A.17. Finally, the Willamette River Greenway Code Amendments are consistent with Metro Plan Policy A.24 because they provide a set of clear and objective standards, including clear and objective Page 30 of 125 25 Attachment 1 standards that address compatibility of development with the Willamette River Greenway, aesthetics, open space, and access to and along the river through the Greenway setback and native landscaping, tree preservation and pedestrian access requirements. Environmental Design Element Policy E.1. In order to promote the greatest possible degree of diversity, a broad variety of commercial, residential, and recreational land uses shall be encouraged when consistent with other planning policies. E.2 Natural vegetation, natural water features, and drainageways shall be protected and retained to the maximum extent practical. Landscaping shall be utilized to enhance those natural features. This policy does not preclude increasing their conveyance capacity in an environmentally responsible manner. The City Council finds that Goal 15 recognizes and supports development within the Willamette Greenway boundary. Consistent with Goal 15 and Metro Plan Policy E.1, the Willamette River Greenway Code Amendments will not change any existing base zone provisions and to that end, continue to allow for diversity of uses within the Greenway, consistent with existing zoning. The Code Amendments also include requirements for public access to the river under certain circumstances and continue to support the ample recreational opportunities afforded by existing parks and the regional pathway system along the river. Consistent with Metro Plan Policy E.2, the Willamette River Greenway Code Amendments address the protection of natural vegetation, through development restrictions within the Greenway setback as well as native landscaping and tree preservation requirements. Applicable Refinement Plans The following findings further demonstrate consistency of the Willamette Greenway Code Amendments with applicable provisions from the City's locally adopted refinement plans. Adopted refinement plans with boundaries that encompass a portion of lands within the Willamette River Greenway Boundary include the Willakenzie Area Plan, Riverfront Park Study, Downtown Riverfront Specific Area Plan, Whiteaker Plan, and River Road-Santa Clara Urban Facilities Plan. Each of these refinement plans are addressed in more detail below. Willakenzie Area Plan Adopted and acknowledged in 1992, the Willakenzie Area Plan (WAP) boundaries are the Willamette River on the south and west sides, the Urban Growth Boundary (UGB) on the north, and Interstate 5 (1-5) on the east. Approximately six linear miles of Willamette River Greenway are located within the WAP's refinement plan boundary. The Willamette River Greenway is addressed in the WAP's Neighborhood Design Element. The "use management standards" from the Neighborhood Design Element of the WAP, and applicable within the portion of the Willamette River Greenway located within the WAP plan area, include an adopted Greenway setback line to keep structures separated from the river that is 35 feet from the top of riverbank, with some exceptions as noted below. Additional use management standards from the WAP that are relevant to the Willamette River Greenway Code Amendments and were originally adopted to address Goal 15 requirements applicable within the Greenway portion of the plan area, are also listed below. Provisions that all new structures, expansion of existing structures, drives, parking area, or storage areas shall not be permitted within the first 35 feet from the top of the riverbank, unless the location of the floodway boundary requires a greater separation. There are three exceptions to this standard: Page 31 of 125 26 Attachment 1 a. Structures designed solely for recreation use (e.g., a deck or steps leading to the river) and driveways for boat landings and water-related or water-dependent uses are permitted within the 35 foot setback. b. Public improvements, including pedestrian and bicycle trails, public plazas, and similar amenities, but excluding roads and parking areas, are exempt from the setback requirements specified above. c. Structures existing as of the date of adoption of this plan shall be allowed to rebuild at the same distance from the river that they were before destruction by fire, flood or other disaster. The Willamette River Greenway Setback, established by the Willamette River Greenway Setback Map to be adopted as Exhibit to the Willamette River Greenway Code Amendments, sets the Greenway Setback line at 35 feet from the top of the riverbank for the area of the Greenway located within the boundaries of the WAP, consistent with this use management standard. To the extent that the boundary of the floodway within the WAP plan area, as established by EC 9.6706, may require a greater separation between development and the river than the Willamette Greenway Setback applicable to the clear and objective approval criteria established by the Willamette Greenway Code Amendments, the City's adopted floodplain regulations require special consideration and include additional standards for the limited allowance of development in the floodway according to EC 9.6709(2)(d). These standards ensure that development within the floodway complies with development and construction standards specific to the floodway. The City Council finds that issuance of a Willamette Greenway Permit does not affect the requirement to comply with development standards applicable to the floodway. The Willamette River Greenway Code Amendments are therefore consistent with this use management standard. The City Council also notes that this use management standard includes exceptions that allow for structures within the setback beyond those that would be allowed under the new clear and objective standards included in the Willamette River Greenway Code Amendments, which limit structures within the Willamette River Greenway Setback to pedestrian pathways and public accessways that may be required under the new clear and objective track. The City Council finds that an applicant who wishes to construct structures allowed by this use management policy within the area of the Willamette River Greenway Setback, such as public improvements, recreational uses or pre-existing structures that may have been destroyed by fire, flood, or other disaster, will need to proceed under the City's discretionary track for the review of Willamette Greenway Permits. The City Council finds that the Willamette River Greenway Code Amendments therefore comply with this use management standard. 2. Provision for public pedestrian and bicycle access along the river. The Willamette River Greenway Code Amendments are consistent with this use management standard because under certain circumstances the clear and objective approval criteria included in the amendments require pedestrian paths within a development site to allow residents to easily and conveniently access adjacent public lands, and/or public accessways extending from the development site to existing public ways that provide a connection to and along the river. 3. Provision that the area within the 35 foot setback area may be included in any density calculation of a project. The Willamette River Greenway Code Amendments do not affect or amend the density calculation allowed by this use management standard; therefore, the Willamette River Greenway Code Amendments are consistent with this standard. Page 32 of 125 27 Attachment 1 4. Continuous building facades and opaque fences or walls exceeding 75 feet in length shall be discouraged within the Greenway to allow for visual access to and from the river. The Willamette River Greenway Code Amendments are consistent with this use management standard because the clear and objective approval criteria included in the amendments: provide that the length of any building fagade located within the 100 feet of the Greenway Setback may not exceed 75 feet, prohibit solid and masonry walls within the Greenway Setback and the required landscape area; prohibit fences entirely within the Greenway Setback, and provide that fences located within the Willamette Greenway Boundary and within 300 feet of the 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 light and air) to allow views through the fence. 5. Activities or uses such as open storage of materials shall be discouraged within the greenway. The City Council finds that the Willamette River Greenway Code Amendments do not allow or encourage activities such as open storage of materials within the Greenway Boundary; therefore, the amendments are not inconsistent with this use management standard. 6. Except for small identity and directional signs, business signs shall be oriented away from the river. The Willamette River Greenway Code Amendments do not amend or address sign standards applicable to properties within the Willamette River Greenway; therefore, the amendments are not inconsistent with this use management standard. 7. Significant fish and wildlife habitats, as identified in the adopted Natural Resources Special Study, or Metropolitan Plan Natural Assets and Constraints Working Paper shall be protected. Sites subsequently determined to be significant by the Oregon Department of Fish and Wildlife shall also be protected. The Willamette River is identified as a significant fish and wildlife habitat resource according to the Metro Plan's Natural Assets and Constraints Working Papers (April 12, 1978) as well as through the City's more recent Goal 5 inventory and related protection measures adopted in 2005 (see Ordinance No. 20351). The City Council finds that the Willamette River Greenway Setback, along with additional standards for tree preservation and native landscape buffering included in the Willamette River Greenway Code Amendments, will continue to protect significant fish and wildlife habitats associated with the Willamette River as required by use management standard. To the extent that the City's existing Goal 5 regulations (as implemented by the /WR Water Resource Conservation Overlay Zone standards noted previously) may require a greater setback at 100 feet in some instances for properties that do not qualify under exceptions for prior developed areas or existing land use approvals, those additional protections related to fish and wildlife habitat will continue to apply independently and are not affected by the Willamette River Greenway Code Amendments. 8. The natural vegetative riparian fringe along the Willamette River, as identified on the Willakenzie Area Plan Natural Resource Area Map, shall be protected and enhanced to the maximum extent practicable. The City Council finds that the tree preservation and native landscaping requirements, as well as the limits on allowed structures within the Greenway Setback included in the Willamette River Greenway Code Amendments will protect and enhance the natural vegetative fringe along the Willamette River consistent with this use management standard. Page 33 of 125 28 Attachment 1 9. Scenic qualities and viewpoints, as identified in the Metro Plan Natural Assets and Constraints Working Paper shall be preserved. According to the Metro Plan's Natural Assets and Constraints Working Paper for Scenic Sites (April 12, 1978), ridgelines and water areas provide the greatest concentrations of scenic sites in the Eugene-Springfield Metro area. These scenic sites include the Willamette River as well as several prominent viewpoints and areas of park land such as Skinner's Butte Park and Alton Baker Park. Areas of prominent and plentiful vegetation are also identified along the Willamette River. The vast majority of scenic areas located within the Greenway are protected as public park land. These Code Amendments will ensure continued protection of identified scenic qualities and views within the Greenway as required by this use management standard. The new clear and objective standards for the review of proposed housing within the Greenway protect the scenic qualities of the Greenway and views to and from the river by prohibiting structures other than pedestrian paths within the Greenway Setback, requiring native landscape buffering between development and the edge of the Greenway setback, limiting on walls and fencing near the river, and requiring tree preservation, with greater preservation required closer to the river. The Code Amendments also require compliance with tree preservation standards for Willamette Greenway Permits reviewed under the discretionary track. In addition to the findings above related to the Willamette River Greenway Code Amendments' consistency with specific use management standards, the City Council finds that the Willamette River Greenway Code Amendments are consistent with the WAP because they do not amend the WAP or alter the applicability of WAP use management standards to Willamette Greenway Permit applications. The WAP's Greenway use management standards are only directly applicable as approval criteria for Willamette River Greenway Permits in the context of a discretionary track application for a property located within the WAP area, pursuant to EC 9.8815(4). The proposed Willamette River Greenway Code Amendments will not amend the WAP or alter the applicability of WAP use management standards to Willamette Greenway Permit applications (the WAP use management standards will continue to apply to Willamette Greenway Permit applications for properties located within the WAP and reviewed under discretionary review track). For all the reasons stated above, the City Council finds that the Willamette River Greenway Code Amendments are consistent with the WAP. Riverfront Park Study The Riverfront Park Study (1986) is an adopted refinement plan that includes land within the Willamette River Greenway and extends along the south bank of the river from Interstate 5 (1-5) to the Ferry Street Bridge, bounded to the north by the Willamette River, and to the south by Franklin Boulevard. This plan area includes a substantial amount of land owned by the University of Oregon, and as described in the plan, the area was studied for its potential to help diversify the local economy by developing a previously industrial area into an area that would support and utilize research activities of the University of Oregon. As the plan describes, this potential for economic development was focused on the substantial amount of University-owned land within the study area. One outcome of the plan includes the establishment of a corresponding special area zone, the S-RP Riverfront Park Special Area Zone (S-RP) which is codified at EC 9.3700-9.3730. This special area zone incorporates discretionary Willamette River Greenway Permit approval criteria that are specific to lands within the Greenway in the S-RP zone, including Greenway setback requirements that have been incorporated into the clear and objective standards proposed as part of the Willamette River Greenway Code Amendments. The only amendments proposed to the S-RP zone as part of this process include incorporation of the newly established clear and objective review option for any Willamette River Greenway Permits that may propose multiple-unit housing as an allowable accessory or supporting use within the zone. Page 34 of 125 29 Attachment 1 The Riverfront Park Study's Environment Policy C.1., in section II Polices, includes the establishment of a setback from the top of bank along the south side of the Willamette River as described below: C.1 The City of Eugene shall protect the riparian strip along the southern bank of the Willamette River within the study boundaries by: 1) directing future development away from this environmentally sensitive area, 2) establishing a buffer strip beginning at the top of the bank and extending a minimum of 35 feet to the south, 3) establishing a deeper setback to protect the east Millrace outfall and the heavily used bicycle/pedestrian area around the south approaches of the Autzen Bike Bridge, and 4) developing, with the University of Oregon and the Eugene Water Electric Board and other major property owners along the river's banks, an active management plan intended to enhance the environment of the natural vegetation along the river's edge. In this area, the riparian strip refers to the narrow vegetative strip along the steep south bank of the river. This policy is intended to protect the riparian strip along the river which will result in: 1) preservation of valuable natural elements; 2) riverbank stabilization; and 3) protection of developable property from potential debris during major flooding (a rare possibility). This policy also recognizes that development within the Riverfront Park Study area provides unique opportunities to create more of an urban edge along portions of the river through sensitive location of buildings along the river, and that location of some public improvements can occur within the buffer and riparian strip. For example, a bicycle/pedestrian path could appropriately be included within the buffer strip and a public plaza and public access improvements could appropriately extend to the river through the riparian strip. The buffer strip establishes a minimum 35 foot building setback south of the top of the riverbank to provide an area for development of public improvements that encourage access to and enjoyment of the river. Two areas have been identified where deeper setbacks would be required. The first is located around the east Millrace outfall where a building setback extending 150 feet south of the riverbank would protect the outfall as a significant natural water feature. This setback would not preclude the potential incorporation of the outfall into a development, nor would it preclude potential relocation of the bikepath across the outfall. The second area of special protection would occur around the south approach to the Autzen Bike Bridge. At this point a building setback extending 50 feet from each side of the bike bridge and about 135 feet south of the top of the riverbank would recognize the Autzen Bike Bridge and the riverbank to the west as areas of heavy bicycle/pedestrian and river-oriented activity. The relevant portions of this policy relate to the establishment of a Greenway setback which has been mapped and incorporated into the proposed clear and objective standards for the review of proposed housing, as part of the Willamette River Greenway Code Amendments. The policy establishes a minimum setback of 35 feet from the top of bank adjacent to the river with two exception areas. For the area identified as the east Millrace outfall, the policy establishes a setback extending 150 feet south of the riverbank to protect the outfall as a significant natural water feature. For the area identified as the south approach to the Autzen Bike Bridge (subsequently renamed as the Frohnmeyer Bridge), the policy establishes a setback extending 135 feet from the top of bank within 50 feet from each side of the bridge. The Willamette River Greenway Setback, established by the Willamette River Greenway Setback Map attached as Exhibit to the Willamette River Greenway Code Amendments is consistent with the setback requirements established by this policy, and the only amendment proposed to the S-RP zone is to add the allowance for an applicant proposing to develop housing within the Greenway to choose to proceed under the newly established clear and objective approval criteria for Willamette River Greenway Permits. Page 35 of 125 30 Attachment 1 In addition, the City Council finds that the tree preservation and native landscaping requirements, as well as the limits on allowed structures within the Greenway Setback included in the Willamette River Greenway Code Amendments are consistent with this policy's intent to protect and preserve the vegetative strip along the river, as well as other valuable natural elements. Finally, the City Council finds that the Willamette River Greenway Code Amendments are consistent with this policy's intent to provide bicycle and pedestrian access and acknowledgement that such access may be appropriate within the setback. Consistent with this policy, under certain circumstances the clear and objective approval criteria included in the Willamette River Greenway Code Amendments require pedestrian paths within a development site to allow residents to easily and conveniently access adjacent public lands, and/or public accessways extending from the development site to existing public ways that provide a connection to and along the river. For all the reasons stated above, the City Council finds that the Willamette River Greenway Code Amendments are consistent with the Riverfront Park Study. Downtown Riverfront Specific Area Plan Eugene's Downtown Riverfront Specific Area Plan (2013) was originally adopted in support of a proposed special area zone, the S-DR Downtown Riverfront Special Area Zone. The specific area plan and implementing zone provided a framework for mixed-use redevelopment of the former Eugene Water & Electric Board (EWEB) headquarters site and maintenance facilities located along the south bank of the Willamette River. The site area extends from the Ferry Street Bridge to the eastern extent of EWEB's former ownership including the remaining Steam Plant Building and electrical substation. This master plan was found to be consistent with the Riverfront Park Study which originally included this land near the western extent of the study area and provided more specific master plan for redevelopment of this former industrial land into a vibrant, people-oriented mixed use neighborhood including a riverfront park and a mixture of residential and commercial uses adjacent to the river. The Downtown Riverfront Specific Area Plan was subsequently repealed, and the S-DR zone was revised in 2019 with an updated master plan concept approved by City Council. A related set of code amendments to the S-DR zone was adopted at that time, including changes to the approved street layout, allowed uses, and other development standards for the area. Those amendments did not, however, change the original plan's establishment of a site-specific Willamette River Greenway setback that was mapped and included in the City's adopting ordinance (see EC 9.3147 and Ordinance No. 20619). The adoption package also included a Willamette River Greenway Permit approval for development of the site in accordance with the S-DR zone. The Willamette River Greenway setback line was established for the Downtown Riverfront project site to keep structures separated from the river and to protect, maintain, preserve, and enhance the natural, scenic, historic, and recreational qualities of the Willamette Greenway. The setback line is site specific, context sensitive, and responds to existing conditions on the site as a former industrial site with existing buildings and redevelopment potential near the river. The setback for this specific area is measured from top-of-bank and varies in width from 25 feet to 125 feet. The setback's variable width responds to existing site conditions and anticipated redevelopment consistent with the Downtown Riverfront Concept Plan vision. Existing structures, including the EWEB Headquarters, Steam Plant, and Willamette Substation, are excluded from the setback area. The EWEB Headquarters and Steam Plant are envisioned for adaptive reuse and are therefore excluded from the setback to enable future redevelopment. At the northern extent of the project site, the setback is approximately 60 feet in width and encompasses all property currently in use as open space and currently being developed as a riverfront park. The setback aligns with the eastern perimeter of the EWEB Headquarters North Building and EWEB Headquarters South Building and increases to approximately 110 feet in width to encompass the EWEB waterfront plaza and public access points between buildings. In the middle portion of the subject site, the setback aligns with the eastern edge of Page 36 of 125 31 Attachment 1 the relocated riverfront bike path, is approximately 120 feet in width, and includes all areas designated for Riverfront Park use between the trail and the river. Further south, the setback aligns with the eastern perimeters of the Steam Plant and Willamette Substation and includes all areas between those properties and the river. In the southern extent of the project site, the setback is approximately 50 feet and encompasses additional areas designated for park or cultural landscape and open space uses and riparian/bank enhancement. In total, the Willamette Greenway setback protects 3.67 acres of the subject site and ensures that no new buildings will be constructed within the setback (except as allowed within the park for water-related and water- dependent uses), that adequate public access is provided along the river frontage, that limited existing habitat is preserved, and that the remaining natural vegetative fringe is protected. Because the Downtown Riverfront Specific Area Plan no longer serves as an adopted refinement plan, the existing site-specific Willamette River Greenway Setback is only relevant to the Willamette River Greenway Code Amendments in that the setback, established by the Willamette River Greenway Setback Map attached as an exhibit to the Willamette River Greenway Code Amendments, has been mapped to coincide with and match the Greenway Setback established by EC 9.3147 and Ordinance No. 20619. No code amendments are necessary or proposed to the S-DR zone, or the existing Willamette River Greenway Permit approval for development of the site according to that zone. Whiteaker Plan The Whiteaker Plan (1994) is an adopted refinement plan that includes area within the Willamette Greenway Boundary, along the south side of the Willamette River extending from the Ferry Street Bridge downstream to Maury Jacobs Park at the northern extent of the plan boundary. The plan includes elements related to zoning and land use, with descriptions and policies related to 13 specific subareas, as well as transportation, public safety, parks and recreation, and social services and education. The maps and specific subareas included in the plan do not show Willamette River Greenway Boundary, nor does the plan include any adopted Greenway setback or any policies specific to development within the Greenway. The predominant majority of land within the Whiteaker Plan area that is also within the Willamette River Greenway is designated for parks and open space uses, which has resulted in much of the area being protected and developed for park related uses consistent with the intent of Goal 15. This area is described in the plan as Metropolitan Parks - Subarea 13, which explains that much of the area has been zoned as public land since 1948. Since that time, an extensive regional park system emerged providing scenic and recreational areas along the river, atop Skinner's Butte, and under the Washington/Jefferson Street Bridge. The subarea includes one policy which is to recognize this area as appropriate for park and recreational uses as well as other uses shown on the plan's land use diagram. The Willamette River Greenway Code Amendments will not change any adopted land use designations or zoning within this subarea, or any other portion of the adopted plan area. A review of the parks and recreation element of the plan provides further description of the various facilities within this subarea, including policies and suggested implementation strategies for these facilities and related programs, park impacts and operations, and potential park expansion. None of these policies relate directly to the Willamette River Greenway Code Amendments which are focused on creating a new set of clear and objective standards for the review of proposed housing development within the Greenway. Only small portions of the Whiteaker Plan area within the Greenway include lands designated for development other than parks and recreational uses, including an area near the base of Skinner's Butte on its south side (away from the river) which is designated for mixed use development. Downstream (west of) the Washington/Jefferson Street Bridge, a portion of the plan area within the Greenway include lands designated for a combination of mixed use, and low or medium density residential uses, much of which has already been developed according to the existing plan designations and zoning. Again, the Willamette River Greenway Code Amendments do not include any changes to existing plan designations or zoning for this area. The City Council does not find any Page 37 of 125 32 Attachment 1 additional policies or related Whiteaker Plan provisions that require findings of consistency for the Willamette River Greenway Code Amendments. For the reasons stated above, the City Council finds that the Willamette River Greenway Code Amendments are consistent with the Whiteaker Plan. River Road-Santa Clara Urban Facilities Plan (RRSC Plan) The River Road-Santa Clara Urban Facilities Plan (1987) covers a large area of Eugene, much of which is still unincorporated (not yet annexed into City limits but included within Eugene's Urban Growth Boundary), and includes two neighborhoods located along the west bank of the Willamette River - the River Road neighborhood and the Santa Clara neighborhood. Portions of the area of this refinement plan are included within the adopted Willamette River Greenway Boundary and are designated for a variety of uses including parks and public land, residential, and a few areas of commercial uses. The plan is organized into five sections that are focused on: sanitary sewer service, land use, public facilities and services, environmental design, and transportation. While the plan includes some discussion of park lands along the river (noting approximately 67 acres of existing park land along the river and related bike path improvements), and includes generalized map of the area within the Greenway and riparian areas along the river, there are no existing plan policies directly related to the Willamette River Greenway Code Amendments. Nonetheless, additional discussion of the City's efforts to update this adopted refinement plan is provided below to provide context and address the relationship between these proposed Willamette River Greenway Code Amendments and the on-going update to the neighborhood refinement plan. A neighborhood planning process to update the RRSC Plan has been underway since 2017. From the beginning, the Willamette River has been an important component of the vision statements, goals, and policies in the planning process. The City Council recognizes that Greenway protections are a priority for the River Road and Santa Clara neighborhoods. As explained by staff during the Planning Commission's deliberations on the Willamette River Greenway Code Amendments, feedback from the River Road Community Organization resulted in significant changes to the original version of the Willamette River Greenway Code Amendments, including the addition of tree preservation standards to better protect the natural and scenic qualities along the river, further limiting building fagade lengths near the river to facilitate views, and ensuring that trees and plants located near the river consist of native species. These changes were both responsive to, and took into consideration, the special qualities of the Willamette River Greenway within the area of the River Road neighborhood. The Willamette River Greenway Code Amendment process has provided an opportunity to incorporate and align some of the goals and policy outcomes important to neighborhood planning participants into Willamette River Greenway Code Amendments, while the whole neighborhood plan moves toward adoption separately with longer term implementation to occur through a variety of other City programs and projects and collaboration with the neighborhood organizations. For all the reasons stated above, the City Council finds that the Willamette River Greenway Code Amendments are consistent with the River Road - Santa Clara Urban Facilities Plan. EC 9.8065(3): In the case of establishment of a special area zone, [the amendments are] consistent with EC 9.3020 Criteria for Establishment of an S Special Area Zone. The Willamette River Greenway Code Amendments do not establish a special area zone. Therefore, this criterion does not apply. Page 38 of 125 33 Design Plan WILLAMETTE RIVER GREENWAY CODE AMENDMENTS Eugene, Oregon Page 39 of 125 INTRODUCTION 3 1.0 PROJECT NARRATIVE 5 MAP 1.1 WRG PARKS, NATURAL AREAS, OPEN SPACE 17 MAP 1.2 WRG PUBLIC ACCESS 19 MAP 1.3 WRG OWNERSHIP 21 2.0 TOP OF BANK DETERMINATION 22 3.0 SETBACK DETERMINATION 26 MAP 3.1 OVERALL WGS MAP 32 4.0 DESIGN PLAN FINDINGS 33 APPENDICES 37 . Page 40 of 125 WILLAMETTE RIVER GREENWAY CODE AMENDMENTS 2 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN INTRODUCTION Oregon Statewide Planning Goal 15: Willamette River Greenway (OAR 660-015-0005) (Goal 15) was adopted by the Land Conservation and Development Commission (LCDC) on December 6, 1975.' Goal 15 is designed to "protect, conserve, enhance and maintain the natural, scenic, historical, agricultural, economic and recreational qualities of lands along the Willamette River as the Willamette River Greenway." Goal 15 implementation measures are to be achieved through cooperative efforts of state and local governments and include the adoption of Greenway boundaries, management of land uses permitted within those boundaries, and provisions for compatibility review. In 1976, the City of Eugene approved Resolution No. 2592 which included the establishment of a Willamette River Greenway Boundary and identification of potential acquisition sites. Ordinance No. 18923, adopted in 1982, added Greenway compatibility procedures into the Eugene Code and provided that development within the Greenway was only allowed in accordance with Planned Unit Development regulations or Conditional Use procedures. Ordinance No. 19422, adopted in 1986, amended the adopted Greenway compatibility review procedures to add additional approval criteria consistent with the requirements of Goal 15. Ordinance No. 20224, adopted in 2001, replaced prior Greenway compatibility review procedures and adopted new code provisions for Willamette Greenway Permits that included purpose and applicability sections, general requirements, approval criteria and standards, and modifications. Those provisions have remained static and largely unchanged, except for minor modifications, over the last 20 years. Goal 15 requires cities and counties with lands in the Greenway to review intensifications of use, changes of use, or developments to insure their compatibility with the Willamette River Greenway. The goal offers cities and counties a choice between two tracks for review of intensifications of use, changes of use, and developments within the Greenway; they can either adopt specific compatibility standards included in the goal and provide for a public hearing on each application for development within the Greenway, or they can adopt a design plan and administrative review procedure. The Eugene Code currently complies with the first review track; requiring a public hearing and compliance with specific subjective standards laid out in Goal 15 for all intensifications of use, changes of use and developments within the Greenway. The design plan and administrative review procedure allowed by Goal 15, provide the City with the opportunity to adopt clear and objective standards for development of housing in the Greenway while still meeting the compatibility findings required by the goal. The design plan must include findings under the following criteria, set out in sections 3(b)(1) and (2) of paragraph F of Goal 15: [T]o 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 • Necessary public access will be provided to and along the river by appropriate legal means. This document constitutes the Design Plan, which is supported by concurrently adopted land use code amendments that implement both an administrative review procedure and clear and objective approval criteria for the review of housing development within the Greenway Boundary. The Design Plan includes the following components: Gunderson, LLC v. City of Portland, 352 Or 648, 650-53 (2012). - of 125 WILLAMETTE RIVER GREENWAY CODE AMENDMENTS Page 41 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Attachment 1.A Narrative describing the purpose and need for amendments to Willamette Greenway Permit code provisions in order to remove barriers to the development of housing, the history of current code provisions, and the relationship between Goal 5 and Goal 15 protections. Methodology for the establishment and mapping of a Willamette River Greenway setback and top of bank lines as components of the new clear and objective administrative review procedure. Summary of City-wide plans, policies, and studies that support and augment implementation of Goal 15 within the Urban Growth Boundary (UGB). Findings of compliance with sections 3(b)(1) and (2) of subparagraph F of Goal 15. - Page 42 of 125 WILLAMETTE RIVER GREENWAY CODE AMENDMENTS DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 1.0 PROJECT NARRATIVE 1.1 OVERVIEW Attachment 1.A The purpose of the Willamette River Greenway (Greenway) Code Amendments project is to update Eugene's Land Use Code, and specifically the Willamette Greenway permit regulations, to reduce barriers to the development of housing. In 1973, the Oregon Legislature "established the Willamette River Greenway, a corridor of protected land located along the banks of the river." Gunderson, LLC v. City of Portland, 352 Or 648, 650, 290 P3d 803 (2012). The Oregon Supreme Court explained the Greenway program as follows: The legislature expressed recognition of'the need of the people of this state for existing residential, commercial and agricultural use of lands along the Willamette River' and also the need to'permit the continuation of existing uses of lands that are included within such greenway[.]' ORS 390.314(2)(b). At the same time, the legislature recognized the need'to limit the intensification and change in the use of such lands so that such uses shall remain, to the greatest possible degree, compatible with the preservation of the natural, scenic, historical and recreational qualities of such lands.' The legislature placed primary responsibility for the coordination of the development and maintenance of the Greenway with the State Parks and Recreation Department (department). ORS 390.314(2)(d). The legislature then charged the department, in cooperation with local governments that have greenway lands within their boundaries, to prepare a plan for the development and management of the Greenway. In 1975, the department, in cooperation with nine counties and other local governments along the Greenway, submitted to [the Land Conservation and Development Commission] a preliminary greenway plan, a greenway goal, and policies for a completed greenway plan. On December 6, 1975, the commission adopted the Willamette River Greenway Program, consisting of an order adopting a Preliminary Willamette Greenway Plan and Statewide Planning Goal 15 (Goal 15). Goal 15 provides that each city and county in which the Greenway is located must incorporate portions of the Willamette River Greenway Plan into its comprehensive plan, implementing ordinances and other implementing measures. Cities and counties are also required to'establish provisions by ordinance for the review of intensifications, changes of use and developments to ensure their compatibility with the Willamette River Greenway.' OAR 660-015-0005; Goal 15, Paragraph F(3). Those ordinances must include'[t]he review of intensification, changes of use and developments as authorized by the Comprehensive Plan and zoning ordinance to insure their compatibility with the Greenway statutes and to insure that the best possible appearance, landscaping and public access are provided.' OAR 660-015-0005; Goal 15, Paragraph F(3)(b). The review must include findings that [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[.]' OAR 660-015-0005; Goal 15, Paragraph F(3)(b)(1). Page 43 of 125 WILLAMETTE RIVER GREENWAY CODE AMENDMENTS DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN GUNDERSON, 352 OR AT 650-53. Attachment 1.A Both the statutes that regulate the Willamette River Greenway (ORS 390.310 et seq) and Goal 15 itself impose inherently subjective regulations on development within the Greenway area. ORS 390.314(2)(b) requires that intensification and changes of use in the Greenway be limited so that "such uses remain, to the greatest possible degree, compatible with the preservation of the natural, scenic, historical and recreational qualities" of lands within the Greenway. In addition, Goal 15 requires that the City's Greenway implementation measures: • "Insure that the best possible appearance, landscaping and public access are provided" within the Greenway, • Ensure that to "the greatest possible degree" any "intensification, change of use or development will provide the maximum possible landscaped area, open space or vegetation between the activity and the river," and • Ensure that that to "the greatest possible degree" "[n]ecessary public access will be provided to and along the river by appropriate legal means." The Willamette Greenway Permit approval criteria located at EC 9.8815 implement the requirements of Goal 15, ORS 390.314 and the City's comprehensive plan; including the following specific language required by Goal 15: "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" and "to the greatest possible degree, necessary and adequate public access will be provided along the Willamette River by appropriate legal means." OAR 660-015-0005; Goal 15, Paragraph F(3). IATE B Prior to the 2017 passage of Senate Bill 1051, ORS 197.307(4), sometimes referred to as the Needed Housing statute, and the Willamette Greenway laws worked in concert. Before the legislature adopted Senate Bill 1051, ORS 197.304(4) provided that local governments could only apply "clear and objective standards, conditions and procedures regulating the development of needed housing on buildable land...." Or Laws 2017, ch 745, § 5 (emphasis added). In other words, prior to Senate Bill 1051, housing not located on "buildable land" was not entitled to clear and objective standards. Lands within the Willamette River Greenway are specifically exempt from the definition of "buildable land" by the Land Conservation and Development Commission (LCDC). OAR 660-08-0005(2). OAR 660-08-0005(2) defines "buildable land" as "residentially designated land within the urban growth boundary, including both vacant and developed land likely to be redeveloped, that is suitable, available and necessary for residential uses ...[I]and is generally considered 'suitable and available' unless it...[i]s subject to natural resource protection measures determined under Statewide Planning Goals 5, 6, 15, 16, 17, or 18[.]" (Emphasis added). Land located within the Willamette River Greenway is subject to Goal 15 natural resource protection measures and is therefore not considered "buildable land." Consequently, prior to the passage of SB 1051, housing constructed on land within in the Willamette River Greenway was explicitly outside the scope of the clear and objective requirement. Prior to Senate Bill 1051, because lands within the Greenway were - Page 44 of 125 WILLAMETTE RIVER GREENWAY CODE AMENDMENTS DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Attachment 1.A exempt from the clear and objective requirements of ORS 197.307(4), the inherently subjective requirements of ORS 390.314 and Statewide Planning Goal 15 did not conflict with the clear and objective requirements of ORS 197.307(4). However, the historic harmony between the state law requirements applicable to lands within the Greenway and the state law requirement for clear and objective standards was disrupted by the passage of Senate Bill 1051. In 2017, the Oregon Legislature adopted Senate Bill 1051, which amended ORS 197.307(4) to remove the phrase "on buildable land." Or Laws 2017, ch 745, § 5. ORS 197.307(4) now provides in pertinent part that local governments "may adopt and apply only clear and objective standards, conditions and procedures regulating the development of housing, including needed housing." The plain language of ORS 197.307(4) now requires that local governments offer all housing applicants the option to proceed under clear and objective standards; there is no longer an exemption from the "clear and objective" requirement for housing that is not located on "buildable land." The newly competing requirements of ORS 390.314 and Goal 15 on one hand, and ORS 197.307(4) on the other, have created a legal conundrum for cities with land located within the Greenway. In addition, the newly adopted requirements of OAR Chapter 660, Division 46: Middle Housing in Medium and Large Cities, provide additional impetus for the City to amend its Willamette Greenway permit regulations to adopt clear and objective standards, conditions, and procedures regulating the development of housing, including middle housing, within the Greenway Boundary. As noted above, Eugene's Greenway regulations are derived from Oregon Statewide Planning Goal 15 which requires cities and counties to establish provisions, by ordinance, which require that intensifications of use, changes in use, or developments be given special consideration before being permitted within the boundaries of the Greenway. Greenway regulations are designed to protect, conserve, enhance, and maintain the natural, scenic, historical, agricultural, economic, and recreational qualities of lands along the Willamette River. The City's adopted Greenway regulations allow the City to approve uses, to apply requirements and approval criteria, and to impose conditions as deemed necessary in order to carry out the purpose and intent of the Greenway and to ensure that any intensification of use, changes in use, or developments are compatible with the Greenway. EC 9.8810 sets out General Requirements for Willamette Greenway permit applications and EC 9.8815 contains permit approval criteria and standards. Willamette Greenway permit applications are reviewed in accordance with Type III application procedures, which include a public hearing and a decision by a Eugene Hearing's Official. EC 9.8825 contains provisions and criteria for modifications to approved Willamette Greenway permit applications, which are reviewed in accordance with Type II application procedures. The City is now proposing to create a two-track system consistent with the clear and objective requirements of ORS 197.307(4) and (6) and the allowance for an administrative review process and design plan in Goal 15. Once the design plan and accompanying land use code amendments are adopted, an applicant who wishes to build housing in the Greenway will be able to utilize set of clear and objective standards and a Type II application process that does not require a public hearing. If an applicant desires more flexibility than is afforded by the clear and objective Greenway standards, the applicant may choose to proceed - Page 45 of 125 WILLAMETTE RIVER GREENWAY CODE AMENDMENTS DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Attachment 1.A proceed under the current Type III process and subjective, but more flexible Greenway standards. This design plan provides the data and findings to show that that the clear and objective Greenway standards adopted by the City will achieve the requirement of Goal 15 that: [T]o the greatest possible degree: • The intensification, change of use or development [within the Greenway] will provide the maximum possible landscaped area, open space or vegetation between the activity and the river; and • Necessary public access will be provided to and along the river by appropriate legal means. - Page 46 of 125 WILLAMETTE RIVER GREENWAY CODE AMENDMENTS DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 1 . 1.2 WILLAMETTE RIVER GREENWAY GUIDELINES OAR 660-015-0005 F. sets out implementation measures to be achieved through cooperative efforts of state and local governments, consistent with the Goal, statutes, and comprehensive plans. These measures include: • Boundaries: Establishment of a Willamette River Greenway boundary on zoning maps and referred to in zoning and subdivision ordinances. • Uses: Management of uses within the Greenway including use management considerations and requirements. • Compatibility Review: Establishment of provisions by ordinance for the review of intensifications, changes, use, or developments to ensure compatibility with the Greenway. Resolution No. 2592, approved in 1976, included boundaries of the Willamette River Greenway for areas within the city limits, as shown on maps attached to the resolution. The Greenway boundaries have been digitized in the Regional Land Information Database (RLID) and are shown as an overlay on the Metro Plan Diagram. Management of uses and compatibility review is accomplished by Ordinances No. 20224, 20513, and 20569, which established code provisions including the Willamette Greenway Permit application process, which is required for intensification of uses, changes in use, or development within the Greenway boundaries. As part of compatibility review, ordinances are required to include the following provisions as specified in 3(a) through (e) of paragraph F: • Boundaries adjacent to the river within which development is reviewed. • Approval criteria directed at ensuring that appearance, landscaping, and public access are considered to the greatest possible degree. • Public hearing. • Noticing to owners of contiguous property and to other interested parties. • Allowance for imposing conditions on the permit to carry out the purpose and intent of the Greenway statutes The Willamette Greenway provisions currently in the Eugene Code at 9.8800-9.8825 comply with these requirements. Goal 15 also provides for an alternative review procedure that allows cities to prepare and adopt a design plan and administrative review procedure for development within the Greenway. The design plan must provide findings under the following criteria, set out in sections 3(b)(1) and (2) of paragraph F of Goal 15: [T]o 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. • Necessary public access will be provided to and along the river by appropriate legal means. This Design Plan and concurrently adopted administrative review procedure comply with these requirements and allow for the adoption of clear and objective approval criteria for development of - Page 47 of 125 WILLAMETTE RIVER GREENWAY CODE AMENDMENTS DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Attachment 1.A housing in the Greenway. The compatibility findings included in this design plan demonstrate that development of housing that complies with the Greenway Setback requirements and clear and objective approval criteria included in the concurrently adopted code amendments will provide the "maximum possible landscaped area, open space, or vegetation between the activity and the river" and the "necessary public access to and along the river" as required by the Goal. - WILLAMETTE RIVER GREENWAY CODE AMENDMENTS Page 48 of 125 10 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 1.3 DESIGN PLAN COMPONENTS Attachment 1.A This document constitutes the Design Plan narrative, which is accompanied by code amendments that implement both an administrative review procedure and clear and objective approval criteria for the review of housing development within the Greenway boundary. The Design Plan does not contain any provisions directly applicable to development. Rather, it provides the necessary background information and findings to support the new clear and objective approval criteria and administrative review procedure consistent with the requirements of Goal 15. (illamette River Greenwav (Goal 15) Oregon Statewide Planning Goal 15: Willamette River Greenway was adopted by the Land Conservation and Development Commission (LCDC) on December 6, 1975.2 Goal 15 required local jurisdictions to adopt Greenway boundaries, to specify uses permitted within those boundaries, and to indicate areas of potential acquisition. On November 22, 1976, the City of Eugene approved Resolution No. 2592, which included the following sections: • Boundaries of the Willamette River Greenway for areas within the city limits shown as maps attached to the resolution. • Intent to review private development to insure adequate provision for public access, consistency with plans and policies, preservation of the natural vegetative fringe, and Greenway objectives. • Use categories within the Greenway, including public and private uses. • Contemplation of public acquisition of two sites, Goodpasture Island Ponds and the west bank of the Willamette River between the Belt Line Bridge and Skinner's Butte Park. • Direction to forward the resolution to Lane County for adoption of the Greenway boundaries for those areas within its jurisdiction. Ordinance No. 18932 concerning Land Development and the Willamette Greenway was adopted in 1982. The ordinance amended the Eugene Code (1971) to adopt a new code section pertaining to the Willamette Greenway (EC 9.260). The ordinance included the following Willamette Greenway provisions: • Development review in accordance with Planned Unit Development Regulations or Conditional Use Permit procedures, • Approval criteria and findings of compliance with the text of OAR 660-015-0005 F.3(b)(1) and 2). • Public hearing and notice requirements. • Provisions for the imposition of conditions of approval. Ordinance No. 19422 concerning the Willamette River Greenway was adopted in 1986. The ordinance included the following components: • Additional and expanded approval criteria. • Modified public hearing and notice requirements. Ordinance No. 20224 concerning Land Use Regulations was adopted in 2001. The ordinance repealed prior sections of the Eugene Code pertaining to review of development within the Greenway and included a new Willamette Greenway Permit application process required for intensification of uses, changes in use, or development within the Greenway boundaries. The code provisions include the following sections: 2 Gunderson, LLC v. City of Portland, 352 Or 648, 650-53 (2012). - 49 of 125 WILLAMETTE RIVER GREENWAY CODE AMENDMENTS Page 11 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN • Purpose of Willamette Greenway Permits. • Applicability. • General requirements. • Approval criteria and standards. • Modifications. The General Requirements section was subsequently modified by Ordinance No. 20513 in 2013 and Ordinance No. 20569 in 2016 to allow concurrent review of Willamette Greenway Permit applications in conjunction with other application types. OAR 660-015-0000(5) requires local governments to protect significant riparian corridors, upland wildlife habitat, and wetlands to conserve these resources and the biological systems they contain and support. In 2005, the City of Eugene adopted Ordinance No. 20351 and Ordinance No. 20352 that updated the Goal 5 inventory within the Eugene Urban Growth Boundary (UGB), adopted the Goal 5 Water Resources Conservation Plan as a refinement of the Metro Plan, established the /WR Water Resources Conservation overlay zone, and other associated code amendments. The Goal 5 Water Resources Conservation Plan contains the following sections: • Section I: Introduction. • Section II: Criteria for determining the significance of riparian corridor and upland wildlife habitat resource sites within the UGB. • Section III: Significant riparian corridor, wildlife habitat, and wetland resource sites within the UGB. • Section IV: Degree of protection intended for significant riparian corridor, wildlife habitat, and wetland resources sites within the UGB. The criteria in Section II are used to determine which resource sites are "significant" for the purposes of Goal 5. Section III contains maps and lists that identify the resource sites that have been determined to be significant, based on the criteria in Section II. Section IV includes maps identifying the significant resources sites that, based on the analysis, are to be protected. Summary tables in Section IV identify resources as Category A, B, C, D, or E streams or as Category A, B, or C wetlands to differentiate between various degrees of protection. Protections are applied through code provisions in the /WR Water Resource Conservation overlay zone. The Adopted Protection Designations for the Eugene Goal 5 Wetland, Riparian, and Upland Wildlife Habitat Inventories Map identifies resources designated for protection associated with the Willamette River. The Willamette River (WA) is designated as a riparian and upland wildlife site designated for protection as a category A stream with a 100-foot setback. Wetland site WR-1, WR-2, WR-5A, and WR-5B are designated for protection as Category A wetlands with a 50-foot setback. Site descriptions from the Goal 5 Water Resources Conservation Plan are included for reference:' 3 Water Resources Conservation Plan. City of Eugene. Exhibit B - Conflicting Use and ESEE Analysis. Section 24.1 Site Description(s). November 2005. - Page 50 of 125 WILLAMETTE RIVER GREENWAY CODE AMENDMENTS 12 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Willamette River (WA): Attachment 1.A The Willamette is the most important river system in the region. The corridor provides a diverse range of habitat types, including riparian, wetland, open water, and island habitats, that support a wide range of terrestrial and aquatic wildlife species. The riparian plant community along the river is the largest and one of the most intact in the Inventory, and includes black cottonwood, Oregon ash, Pacific willow, red-osier dogwood, red alder, white alder, and bigleaf maple. It is one of the few riparian corridors in the inventory that contains stands of mature black cottonwood, important trees for raptors, great blue heron, cavity nesting species, and for providing downed wood and snags. Wetland plants, such as rush species Uuncus spp., Scirpus spp.) and sedge species (Carex spp.) occur along the waterline. Although invasive species, such as Armenian (Himalayan) blackberry and reed canarygrass are prevalent, the plant community is made up of primarily native species. The Willamette River is one of the most extensive wildlife travel corridors and migration routes in the state. Numerous wildlife species use the corridor to move between habitat patches, and it is a significant migration corridor for migrant songbirds. Belted kingfisher, great blue heron, green heron, and osprey are commonly seen fishing and perching along the river. Swallows and warbler species frequent the riparian edge in spring and summer. Shorebirds, beaver, turtles, reptiles, and amphibians utilize the water's edge and downed trees in the riparian area. The river provides important resting and rearing habitat for juvenile spring Chinook salmon, and a migration corridor for adult Chinook. This species is listed as threatened under the federal Endangered Species Act. The Willamette River also harbors a diverse native fish community, including: cutthroat trout, rainbow trout, mountain whitefish, chiselmouth, mountain sucker, largescale sucker, redside shiner, sculpin, northern pikeminnow, peamouth, sand roller, and dace (Aquatic and Riparian Habitat Assessment for the Eugene Springfield Area, Chip Andrus and Jenny Walsh, 2002). The Goal 5 Water Resources Conservation Plan summarizes recommended conservation measures for the resource sites in Section 24.5.2 of the ESEE Analysis:' Willamette River (WA/WB): Conservation setback of 100 feet recommended. As discussed above, the Willamette River (W AIWB) is recommended for protection, as it provides one of the most extensive, intact wildlife corridors in the region, providing habitat for a diversity of wildlife species, including state- and federally-listed species. The conservation measure proposed for this site is the /WR Water Resources Conservation Overlay Zone (/WR overlay zone). Under those proposed provisions, this riparian site is recommended to be designated Category A Stream. This recommendation is based upon the ESEE analysis above, and these factors: (1) it is one of the highest quality sites in the Inventory, (2) it is the largest stream in the region, (3) the corridor contains a highly intact riparian plant community with a mature forest canopy that supports a wide range of terrestrial and aquatic wildlife species, (4) it has very high connectivity value, providing one of the most extensive and diverse habitat systems and wildlife corridors in the region, (5) it provides habitat for state- and federally-listed species, and (6) it provides habitat for numerous native fish species. For riparian and upland wildlife habitat sites, the conservation area for CategoryA Streams includes the area within the resource site boundary, plus the area within a conservation setback of 100 feet measured from the top of bank of the stream. Within this conservation area, the /WR overlay zone restricts new development, removal of riparian vegetation, and other conflicting uses. Willamette River wetlands River Avenue (WR-1); Willamette River wetlands Greenleaf Pond (WR-2); Willamette River wetlands south (WR-5A, WR-5B): Conservation setback of 50 feet recommended. As discussed above, these wetlands (WR-1, WR-2, WR-5A, WR- 58) occur within the riparian area of the regionally significant Willamette River, and are recommended 4 Water Resources Conservation Plan. City of Eugene. Exhibit B - Conflicting Use and ESEE Analysis. Section 24.1 Site Description(s). November 2005. - Page 51 of 125 WILLAMETTE RIVER GREENWAY CODE AMENDMENTS 13 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Attachment 1.A for protection. The conservation measure proposed for these sites is the IWR Water Resources Conservation Overlay Zone (/WR overlay). Under those proposed provisions, these wetland sites are recommended to be designated CategoryA Wetlands. This recommendation is based upon the ESEE analysis above, and these factors: (1) they contain native-dominated plant communities and riparian forest, (2) their proximity and direct connection to the river give these sites very high connectivity value, and (3) they provide important winter habitat for juvenile Chinook salmon. For wetland sites designated CategoryA Wetlands, the conservation area includes the area within the wetland boundary, plus the area within a conservation setback of 50 feet measured from the wetland boundary. Within this conservation area, the IWR overlay zone restricts new development, removal of riparian vegetation, and other conflicting uses. These provisions exempt pre- existing development, but restrict expansion of existing development into the conservation area. Goal 5 requires that local governments adopt a program to protect significant resource sites consistent with the results of the ESEE analysis, as noted previously. OAR 660-023-0050 sets out specific rules pertaining to such a program. The /WR Water Resources Conservation overlay zone was developed to comply with the requirements of this rule. The City applied the overlay zone to the resources that were shown by the ESEE analysis to warrant special protections. The /WR overlay zone assigns a conservation setback to each resource category measured horizontally from the top of high bank, or when the top of high bank is not identifiable, from the line of ordinary high water (EC 9.4920(1)(c)l The Willamette River is listed as a Category A Stream with a conservation setback of 100 feet from the top of high bank and 120 feet from the line of ordinary high water. Wetlands associated with the Willamette River are listed as Category A Sites with a conservation setback of 50 feet from the jurisdictional wetland boundary. Within the conservation area, the /WR overlay zone restricts new development, removal of riparian vegetation, and other conflicting uses. Envision Eugene Comprehensive Plan (Envision Eugene) is the City's state-mandated, specific comprehensive land use plan. Envision Eugene is the result of the City's efforts to implement ORS 197.304, which required Eugene and Springfield to divide their shared urban growth boundary, by adopting Eugene- specific policies to address land use issues. The Plan is designed to be developed and adopted in phases, over several years. In 2017, the City adopted Ordinance No. 20584, which constitutes the first phase and focuses on policies and elements required to adopt a specific urban growth boundary. The Eugene-Springfield Metropolitan Area General Plan (Metro Plan) functions as the specific comprehensive plan that addresses land use planning responsibilities that remain regional in nature. As subsequent phases of Envision Eugene are adopted, the Metro Plan will be amended to identify provisions that no longer apply to the City. The Willamette River Greenway is one such provision that is regional in nature and for which the Metro Plan is the guiding land use policy document for the purpose of establishing a Design Plan and concurrently adopted administrative review procedure. The Willamette River Greenway, River Corridors, and Waterways Element (Element D) is one of eleven specific elements within the Metro Plan. The jurisdictional area of the Metro Plan (i.e., Metro Plan Boundary), including the Greenway Boundary, was found to be in compliance with Goal 15 on 4 Water Resources Conservation Plan. City of Eugene. Exhibit B - Conflicting Use and ESEE Analysis. Section 24.5.2 Rec- ommended Conservation Measures (Goal 5 Program). November 2005. - Page 52 of 125 WILLAMETTE RIVER GREENWAY CODE AMENDMENTS 14 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Attachment 1.A September 12, 1982.5 The Greenway Boundary has been digitized in the Lane County Regional Land Information Database (RLID) and is shown as an overlay on the Metro Plan Diagram. The text of Element D includes statements regarding land ownership and public access that are relevant to the Design Plan. Within Eugene, much of the land within the Greenway Boundary is in public ownership as public parks such as Skinner's Butte Park and Alton Baker Park. The element includes future proposed park acquisitions, such as the Goodpasture Island gravel ponds, which further expand opportunities for public access and enjoyment of the river. The element describes how Eugene cooperated with Springfield and Lane County in the development of a bicycle-pedestrian trail system that extends along the Greenway from south of Springfield to north of Eugene and into the River Road area. This system includes five bike bridges across the river. The element notes that land along the Greenway in private ownership is in a variety of uses, some of which appear to provide greater opportunity than others for public access and enjoyment. The element states that residential uses along the Greenway have the potential to provide residents with access to the river, while certain commercial uses, such as restaurants, can provide visual access. The following policies from Element D support the use of the Design Plan as an alternative review procedure, means to review development, and strategy to maintain public access: D.3 Eugene, Springfield, and Lane County shall continue to cooperate in expanding water-related parks and other facilities, where appropriate, that allow access to and enjoyment of river and waterway corridors. D.5 New development that locates along river corridors and waterways shall be limited to uses that are compatible with the natural scenic, and environmental qualities of those water features. D.8 Within the framework of mandatory statewide planning goals, local Willamette River Greenway plans shall allow a variety of means for public enjoyment of the river, including public acquisition areas, residential areas, and commercial areas. D.9 Local and state governments shall continue to provide adequate public access to the Willamette River Green way. Completed in 2019, The Parks and Recreation System Plan is a guiding document for how the City maintains the park and recreation system and how it will improve and expand the system for a growing population in response to evolving priorities and needs. The plan includes a 30-year vision and a 10-year implementation plan. The plan's Existing System Map shows ten parks and two community centers within or adjacent to the Willamette Greenway: City-Owned Parks - West Bank Park - East Bank Park - Delta Ponds - Rasor Park 5 Eugene-Springfield Metropolitan Area General Plan. Section III, Element D. Willamette River Greenway, River Corri- dors, and Waterways Element. Page III-D-1. June 2019 - Page 53 of 125 WILLAMETTE RIVER GREENWAY CODE AMENDMENTS 15 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN As noted previously, the Willamette Greenway is a comprehensive plan element that continues to be guided by the Metro Plan on a regional basis. Since the adoption of the Metro Plan in 1980 and subsequent implementation of Willamette Greenway policies through ordinances and code provisions, Eugene, Springfield, and Lane County have cooperated to expand parks and recreation facilities that allow access to and enjoyment of the river, as demonstrated by the following sections that discuss the parks and recreation system, a specific study of Willamette River Access, and overall land ownership. Design Plan establishment requires findings that, to the greatest degree possible, necessary public access will be provided along the river. Metro Plan policies D.3, D.5, D.8, and D.9 contribute to further this intent and provide guiding polices for public access and enjoyment of the qualities of the Greenway and compatibility of new development with the Greenway. Completed in 2019, the Parks and Recreation System Plan is a guiding document for how the City maintains its park and recreation system and how it will improve and expand the system for a growing population in response to evolving priorities and needs. The plan includes a 30-year vision and a 10-year implementation plan. The plan's Existing System Map shows ten parks and two community centers within or adjacent to the Willamette Greenway: • City-Owned Parks - West Bank Park East Bank Park - Delta Ponds - Rasor Park Maurie Jacobs Park - Owen Rose Garden - Skinner Butte Park - Alton Baker Park - Whilamut Natural Area • Public Community Centers - River House - Campbell Community Center Table 1.1 displays the total land area within the Willamette Greenway boundary within the Eugene UGB, the amount of City park land, including miles of bike paths, and percent of total area owned by the City. The City owns 44 percent of the land within the Greenway Boundary, or 782 acres that are used for park and recreation purposes. Map 1.1 shows the total land area of parks, natural areas, and open space within the Greenway Boundary. Table 1.1 Park Land Within the Greenway Boundary (see footnote 6) BOUNDARY WILLAMETTE GREENWAY Total Area 1,782 Acres City-Owned Park Area 782 Acres Miles of Bike Path 25.8 Miles City-Owned Park Area 44% - Page 54 of 125 WILLAMETTE RIVER GREENWAY CODE AMENDMENTS 16 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Map 1.1 Willamette River Greenway Parks, Natural Areas, and Open Space' Willamette River Greenway Parks System Q UGB 0 Parks, Natural Areas, and Open Space Q WRG Boundary 0 0.5 1 ic 116% Miles 40 6 Cameron McCarthy. Willamette River Greenway, Parks, Natural Areas, and Open Space. Using: ArcGIS Pro Desktop. Source: City of Eugene ArcGIS Online Content. Dataset: Eugene-Area-Parks. 2021. https://services3.arcgis.com/F7NiRLGNbA2hh7gE/arcgis/rest/services/Eugene_Area_Parks/FeatureServer. City of Eugene. WillametteGreenway. 2021. https://services3.arcgis.com/F7NiRLGNbA2hh7gE/arcgis/rest/services/Willamette_Greenway/FeatureServer. December 2021. - 55 of 125 WILLAMETTE RIVER GREENWAY CODE AMENDMENTS Page 17 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Willamette Riverfront Access Studv Attachment 1.A Completed in 2018, the Willamette Riverfront Access Study is an assessment of City-owned sites within the Willamette River corridor for the purposes of providing public access opportunities. As discussed previously, the City has an established and developed network of parks, open space areas, natural areas, and multi-use paths that extend along 12 miles of river frontage and include 25.8 miles of paved bike paths on both sides of the river. These facilities represent community assets that distinguish the qualities of the Willamette River and include views of pastoral parks and surrounding natural features (Skinner Butte, Spencer Butte, Coburg Hills, etc.). The Study documents the process used to assess, consider, and envision improvements to sites along the Willamette River that have the potential to strengthen the community's relationship with the river and its associated resources. Site improvements include, but are not limited to, boat launches (motorized and paddlecraft), playgrounds, beach access, swimming, wading, fishing, wildlife viewing, viewpoints, general accessibility, and trails. The process focused on the collection of data to inform which sites to prioritize for improvements and the level of associated improvements. The process resulted in the identification of sites within the river corridor that, when improved or enhanced, will promote equity and access within the Parks and Open Space system, which includes the river and adjacent public lands. The Study's System Map identifies 28 access site locations and the existing and planned improvements at each site. Map 1.2 shows public access points to the Willamette Greenway, which are the points where existing right-of-way intersects with multi-use path connections. The map includes 58 access points, of which six are bridges and include pedestrian facilities providing access across the river. - Page 56 of 125 WILLAMETTE RIVER GREENWAY CODE AMENDMENTS 18 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Willamette River Greenway Public Access Q UGB Public Land Public Access Points: where right-of--way intersects 0 0.5 1 Q WRG Boundary Bikeways with multi-use path connections Miles 7 Cameron McCarthy. Willamette River Greenway Public Access. Using: ArcGIS Pro Desktop. Source: City of Eugene ArcGIS Online Content. Dataset: Eugene Bikeways - HUB. Lane Council of Governments, 2022. https://services3.arcgis.com/F7NiRLGNbA2hh7gE/arcgis/rest/services/Committed Areasjanuary_2021/FeatureServer City of Eugene. Committed Areas January 2021. 2021. https://services3.arcgis.com/F7NiRLGNbA2hh7gE/arcgis/rest/services/Committed Areasjanuary_2021/FeatureServer City of Eugene. WillametteGreenway. 2021. https://services3.arcgis.com/F7NiRLGNbA2hh7gE/arcgis/rest/services/Willamette_Greenway/FeatureServer. December 2021 - WILLAMETTE RIVER GREENWAY CODE AMENDMENTS Page 57 of 125 19 Map 1.2 Willamette River Greenway Public Access' DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Land Ownership Attachment 1.A As part of the Eugene 2012 to 2032 Buildable Lands Inventory project, the City developed a committed areas layer that includes land that is devoted to special uses like parks, schools, government offices, cemeteries, and rights-of-way and therefore has no development or redevelopment potential. Based on tax assessor data from January 1, 2021, lands classified as committed include the following: • City Government Property • County Government Property • State Government Property (includes land owned by state-funded schools such as University of Oregon and Lane Community College) • Federal Government Property (e.g. Bureau of Land Management) • Parks (city, county, and state) and park easements • School district property (e.g. 4J and Bethel) • Cemeteries • Public utility property for water, wastewater, electric and natural gas. Includes Bonneville Power Administration (BPA) easements • Transportation rights-of-way (e.g. streets and rail) Table 1.2 displays the area of committed lands within the Willamette Greenway, other private lands that do have redevelopment potential, and the total land area. The Willamette Greenway boundary encompasses 1,782 total acres of land and 1,569 acres, or 88 percent, of the total land area constitutes committed lands with no development or redevelopment potential. Map 1.3 displays committed lands within the Greenway. Table 1.2 Committed Lands Within the Greenway Boundary (see footnote 8) Total Area 1,782 Acres Committed Lands 1,569 Acres Other or Private Lands 213 Acres - Page 58 of 125 WILLAMETTE RIVER GREENWAY CODE AMENDMENTS 20 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Map 1.3 Willamette River Greenway Committed Lands$ Willamette River Greenway Land Ownership Q UGB Committed Lands Q WRG Boundary Other Lands 0 0.5 1 P1.1dr LN Miles 8 Cameron McCarthy. Willamette River Greenway Committed Lands. Using: ArcGIS Pro Desktop. Source: City of Eugene ArcGIS Online Content. Dataset: City of Eugene. Com- mittedAreasJanuary 2021.2021. https://services3.arcgis.com/F7NiRLGNbA2hh7gE/arcgis/rest/services/Committed_Areasjanuary_2021/FeatureServer City of Eugene. WillametteGreenway. 2021. https://services3.arcgis.com/F7NiRLGNbA2hh7gE/arcgis/rest/services/Willamette_Greenway/FeatureServer. December 2021. - Page 59 of 125 WILLAMETTE RIVER GREENWAY CODE AMENDMENTS 21 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 2.OTOP OF BANK DETERMINATION 2.1 OVERVIEW This section discusses the process proposed to establish Willamette River Greenway setback and top of bank lines as components of the clear and objective regulations that implement this design plan. 2.2 DEFINITIONS Goal 15 requires establishment of a Greenway Setback to keep structures separated from the river: k. Greenway setback - A setback line will be established to keep structures separated from the river in order to protect, maintain, preserve, and enhance the natural, scenic, historic and recreational qualities of the Willamette River Greenway, as identified in the Greenway Inventories. The setback line shall not apply to water-related or water-dependent uses. Eugene Code (EC) 9.8815(5)(a) contains a similar standard: OAR 660-015-0005, Section C.3, subsection k. (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 Greenway. Setback lines need not apply to water related or water dependent activities as defined in the Oregon Statewide Planning Goals and Guidelines (OAR 660-15-000 et seq.). Both the Goal 15 and Eugene Code standards require the establishment of setback line(s) to keep structures separated from the Willamette River and to minimize impacts to the intrinsic qualities of the Willamette Greenway. Neither standard provides guidance regarding exactly how the setback must be measured. To date, the Greenway standards in the Eugene Code have required that each development proposal establish its own setback to keep structures separated from the river. Proposed setbacks are reviewed on a case-by-case basis and in order to be approved, the Greenway application must show that the proposed setback for that particular development is adequate to "keep structures separated from the Willamette River to protect, maintain, preserve, and enhance the natural, scenic, historic, and recreational qualities of the Willamette Greenway." EC 9.8815(5)(a). As part of the clear and objective Greenway track, this Design Plan proposes adoption of a single 100- foot setback, measured from top of bank and applicable throughout the Greenway, except where adopted special area plans or special area zones require a different setback. Top of bank was selected as the defined edge for measurement of the setback because the term is defined in the Eugene Code at EC 9.4920 and is consistent with the Water Resources Conservation Plan and associated Goal 5 protection measures. In addition, as discussed further in this section, top of bank is more readily identifiable in the field due to it not being dependent on fluctuating water levels within the channel or through flood events. - Page 60 of 125 WILLAMETTE RIVER GREENWAY CODE AMENDMENTS 22 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Attachment 1.A Separately, Goal 15 requires the establishment of the Greenway Boundary as part of an implementing measure for Greenway compatibility review: 6. The establishment of Greenway compatibility review boundaries adjacent to the river within which review of developments shall take place. Such boundaries in urban areas shall be not less than 150 feet from the ordinary low water line of the Willamette River,• in rural areas such boundaries shall include all lands within the boundaries of the Willamette River Greenway; OAR 660-015-0005, section F.3.a. The Goal requires that in urban areas the Greenway Boundary must be at least 150 feet from the ordinary low water line of the Willamette River. Goal 15 does not provide a definition for "ordinary low water" line. ORS 274.005(4) Submersible and Submerged Lands includes the following definition: (4) Line of ordinary low water" means the line on the bank or shore to which the low water ordinarily recedes annually in season. ORS 274.005 also includes a definition for "ordinary high water" line, included here for context: (3) "Line of ordinary high water" means the line on the bank or shore to which the high water ordinarily rises annually in season. ORS 274.040 authorizes the Oregon Department of State Lands (ODSL) Board to determine if a waterway is navigable for title. The term "navigable for title" means that the ownership of the waterway or lake, including its submerged and submersible land, was passed from the federal government to Oregon at statehood. ORS 274.005(7) and (8) also provides definitions of submerged and submersible lands that are helpful for context of this discussion. (7) "Submerged lands," * * * means lands lying below the line of ordinary low water of all navigable waters (8) "Submersible lands,"* * *means lands lying between the line of ordinary high water and the line of ordinary low water of all navigable waters and all islands, shore lands or other such lands held by or granted to this state by virtue of her sovereignty, * * * According to ODSL, the Willamette River is a navigable waterway from River Mile (RM) 0 to RM 187 (confluence of the Coast and Middle Forks). This stretch includes the segment within Eugene's UGB. Oregon's Removal-Fill law (ORS 196.795-990) requires a permit for removal or fill or material within "waters of the state" which include navigable waterways. The jurisdictional boundary, or the boundary by which a waterway is considered a "water of the state" under the Removal-Fill law, for rivers is the ordinary high water (OHW) line. There is commonality between the definition of "top of bank" (TOB) and OHW. OAR 660-023-0090(1)(g) states that "top of bank" shall have the same meaning as "bankfull stage" as defined in OAR 141-085- 0010(12), provided as follows: (6) "Bankfull Stage" means the two-year recurrence interval flood elevation. - Page 61 of 125 WILLAMETTE RIVER GREENWAY CODE AMENDMENTS 23 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Attachment 1.A Both TOB (bankfull stage) and OHW rely on annual or biennial water levels as their determining characteristic, with TOB being the more encompassing definition because of the reliance on flood events as opposed to ordinary events. This analysis supports the use of TOB for the purposes of applying the Greenway setback because both state law and the Eugene Code (EC), as discussed subsequently, define TOB, in addition to reasons stated. Top of bank is defined in EC 9.4920 as: "The highest point at which the bank meets the grade of the surrounding topography, characterized by an abrupt or noticeable change from a steeper grade to a less steep grade, and, where natural conditions prevail, by a noticeable change from topography or vegetation primarily shaped by the presence and/or movement of the water to topography not primarily shaped by the presence of water. Where there is more than one such break in the grade, the uppermost shall be considered the top of the high bank." Unlike the Greenway Boundary, which is digitized in the RLID Database and is shown as an overlay on the Metro Plan Diagram, there is no digitized or mapped TOB line in existence for Eugene. In cases where proposed development is proximate to the river, the landowner or applicant is responsible for determining the TOB line and whether any encroachment is proposed. The determination process typically involves field investigation, survey, and planning services, and may involve services of an environmental consultant. As noted previously, the purpose of this project is to update Willamette Greenway permit regulations to provide an administrative review process and clear and objective standards for the development of housing within the Greenway, and to remove barriers to the development of housing. The current, individualized TOB determination process presents potential barriers to development of housing in the Greenway due to the time and cost required to meet the evidentiary requirements. This project sets out to establish a digitized TOB line to be used as an alternative to the individualized determination process described above and as the basis for the establishment of a Greenway setback, one of the requirements of the Greenway permit approval process. Neither this Design Plan nor the newly established Greenway Setback make any changes to the previously adopted Greenway Boundary. 1.3 TOB DETERMINATION City of Eugene Planning Division staff obtained and utilized 2009 LiDAR9 data from the Lane Council of Governments (LCOG) to map a top of bank (TOB) line for the portions of the Willamette River within Eugene's city limits. The 2009 LiDAR data used by staff was originally prepared by Watershed Sciences for the Oregon Department of Geology and Mineral Industries (DOGAMI)10 and represents the most comprehensive publicly available dataset for the geographical area encompassing the Eugene city limits. 9 Light Detection and Ranging. According to the National Oceanic and Atmospheric Administration, LiDAR is a remote sensing method that uses pulsed lasers to measure ranges to the Earth. These light pulses-combined with other data recorded by the airborne system - generate precise, three-dimensional information about the shape of the Earth and its surface characteristics. 10 Oregon Department of Geology and Mineral Industries (DOGAMI) contracted with Watershed Sciences to collect the data, produce the Jas and bareearth and highest hit grid files. The point density of the Jas files is 8.14 points/scl meter. The relative accuracy is .163 feet and the absolute accuracy has a RMSE of.13 feet. The LiDAR data was delivered in 2009 in Oregon Statewide Lambert Conformal Conic, NAD83 (HARN) horizontal datum, NAVD88 (Geoid03) vertical datum in international feet. The 2-foot contours were generated from the bareearth grid by LCOG under the direction of Eugene PWE. - Page 62 of 125 WILLAMETTE RIVER GREENWAY CODE AMENDMENTS 24 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Attachment 1.A Following acquisition of the 2009 LiDAR data from DOGAMI, LCOG performed general processing of the data including: • joining junction City, Coburg, Eugene East and Eugene West bare-earth quads into one mosaic, • Smoothing the mosaic with a focal mean (3 x 3 rectangle), • Contouring the smoothed bare-earth mosaic, and • Quality-checking along the edges of the quads to insure matching contours. City staff estimated the Willamette River TOB in GIS using 2-foot contours, slope, and hillshade layer sets derived from the 2009 LiDAR data. The City provided the GIS dataset to Cameron McCarthy for use on the project and consultants conducted a field investigation on October 12, 2021, to test the accuracy of the mapped Willamette River TOB line. City and consultants agreed upon six test sites for the field investigation. The test sites were selected using the following criteria: • Relatively level topography adjacent to the river channel. • Visible changes in the mapped Willamette Giver TOB line from parallel, generally following the river channel, to a varied or horizontal path. • Representative zoning and use (public land, commercial land, and residential land). • Distribution (similar distance between sites; equal number of sites on both sides of the river). Test sites were labeled with a directional identifier (W, E) based which side of the river the site was located, and nearest street name or geographical feature: • W1 Hatten • W2 Briarcliff • W3 Millrace • E1 Riverplace • E2 Valley River Center (VRC) • E3 Frohnmeyer Oregon Department of Geology and Mineral Industries (DOGAMI) contracted with Watershed Sciences to collect the data, produce the Jas and bare earth and highest hit grid files. The point density of the Jas files is 8.14 points/sq meter. The relative accuracy is .163 feet and the absolute accuracy has a RMSE of .13 feet. The LiDAR data was delivered in 2009 in Oregon Statewide Lambert Conformal Conic, NAD83 (HARN) horizontal datum, NAVD88 (Geoid03) vertical datum in international feet. The 2-foot contours were generated from the bareearth grid by LCOG under the direction of Eugene PWE. Map 3.1 Overall WGS Map illustrates the full extent of the Greenway Boundary within Eugene's UGB and the location six test sites, as well as field map enlargements of each test site. Discussion of the methodology used to conduct the field investigation and the findings from that are included in Appendix A: Field Investigation. - Page 63 of 125 WILLAMETTE RIVER GREENWAY CODE AMENDMENTS 25 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 3.0 SETBACK DETERMINATION 3.1 OVERVIEW This section discusses the setback component of Goal 15, previously established setbacks, prior approved Willamette Greenway permits, and the recommended approach for establishing a Willamette River Greenway setback as a component of the Design Plan. 3.2 GOAL 15 WRG SETBACK PROVISIONS OAR 660-015-0005 Goal 15: Willamette River Greenway, and Eugene Code (EC) 9.8815 Willamette Greenway Permit Approval Criteria and Standards, provide standards for the establishment of setback lines to keep structures separated from the river. Section C.3 of Goal 15 provides use management considerations and requirements for local plans and implementing measures. Subsection (k) provides for the Greenway setback. Other relevant considerations include providing adequate public access to the river, protection of significant fish and wildlife habitat, and enhancing and protecting the natural vegetative fringe along the river. EC 9.8815(5)(a), nested within the approval criteria for Willamette Greenway Permits, provides that intensification, changes of use, or development shall require the establishment of a setback line to keep structures separated from the river. OAR 660-015-0005, C.31. Greenway Setback. A setback line will be established to keep structures separated from the river in order to protect, maintain preserve and enhance the natural, scenic, historic and recreational qualities of the Willamette River Greenway, as identified in the Greenway Inventories. The setback line shall not apply to water-related or water-dependent uses. EC 9.8815(5)(a). [I]ntensification, 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 Greenway. Setback lines need not apply to water related or water dependent activities as defined in the Oregon Statewide Planning Goals and Guidelines (OAR 660-15-000 et seq.). Both the OAR and Eugene Code exclude water-related and water-dependent uses from the setback, however neither one includes a definition for the uses. OAR 632-005-0020 provides definitions for the terms: Water-related uses are defined as: "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." - Page 64 of 125 WILLAMETTE RIVER GREENWAY CODE AMENDMENTS 26 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Water-dependent uses are defined as: ;4 use or activity which can be carried out only on, in, or adjacent to water areas because the use requires access to the water body for water-borne transportation, recreation, energy production, or source of water." These definitions of water-related and water-dependent uses are included in the land use code amendments supported by this design plan. The terms water-related and water-dependent are used elsewhere in the text OAR's as listed by rule, number, rule title, and chapter name. OAR 632-005-0020 provides the only common definition of the terms: • 350-081-0560, General Management Area Wetland Review Criteria, Columbia River Gorge Commission • 350-081-0570, General Management Area Stream, Pond, Lake and Riparian Area Review Criteria, Columbia River Gorge Commission • 632-005-0000, Purpose, Department of Geology and Mineral Industries • 632-005-0020, Definitions, Department of Geology and Mineral Industries • 632-005-0070, Exemption Responsibility, Department of Geology and Mineral Industries • 660-004-0022, Reasons Necessary to justify an Exception Under Goal 2, Part II(c), Land Conservation and Development Department • 660-023-0090, Riparian Corridors, Land Conservation and Development Department • 660-037-0090, Rezoning of Qualifying Shorelands to Nonwater-Dependent Uses, Land Conservation and Development Department Following is a summary of known refinement plans, neighborhood plans, and past Willamette Greenway permit approvals that have established WRG setback lines in particular areas or for individual development sites. 3.3 ESTABLISHED WRG SETBACK LINES IN EUGENE Refinement Plans and Neighborhood Plans Adopted refinement plans and neighborhood plans whose plan boundaries encompass a portion of the Willamette River Greenway include: • Downtown Riverfront Specific Area Plan • River Road Santa Clara Urban Facilities Plan • Riverfront Park Study • Whiteaker Plan • Willakenzie Area Plan Of these plans, only the Willakenzie Area Plan contains a WRG setback line. Willakenzie Area Plan Adopted in 1992, the Willakenzie Area Plan lies between the Willamette River on the south and west, the Eugene Urban Growth Boundary (UGB) on the north, and Interstate 5 (I-5) on the east. Approximately six - Page 65 of 125 WILLAMETTE RIVER GREENWAY CODE AMENDMENTS 27 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Attachment 1.A linear miles of Willamette Greenway lie within the Plan boundary. The Willamette Greenway is addressed in the Plan's Neighborhood Design Element. The element's use management standard (1) establishes a Willamette Greenway setback line that is 35 feet from the top of bank, with certain exceptions: linear miles of Willamette Greenway are within the Plan boundary. The Willamette Greenway is addressed in the Plan's Neighborhood Design Element. The elements use management standard (1) establishes a Willamette Greenway setback line to keep structures separated from the river that is 35 feet from the top of riverbank, with exceptions: Provision that all new structures, expansions of existing structure, drives, parking areas, or storage areas, shall not be permitted within the first 35 feet back from the top of riverbank, unless the location of the floodway boundary requires greater separation. There are three exceptions to the standard. a. Structures designed solely for recreation use (e.g. a deck or steps leading to the river) and driveways for boat landings and water-related or water-dependent uses are permitted within the 35 foot setback b. Public improvements, including pedestrian and bicycle trails, public plazas, and similar amenities, but excluding roads and parking areas, are exempt from the setback requirements. c. Structures existing as of the date of adoption of this plan shall be allowed to rebuild at the some distance from the river that they were before destruction by fire, flood, or other disaster. Willamette Greenway Permit Approvals Certain past Willamette Greenway Permit approvals have included the establishment of a Willamette Greenway setback line as part of demonstrating compliance with applicable approval criteria. Applications are listed by file number, applicant name, and project name, including a list of map and tax lot numbers for which the Willamette Greenway Permit approval was granted. WG 19-3, City of Eugene, Downtown Riverfront The Downtown Riverfront Project is located within Eugene's Downtown Plan boundary, on the west bank of the Willamette River south of the DeFazio Bridge, east of the 5th Street Market commercial area, and north of the Union Pacific railroad tracks. The project includes redevelopment of several properties formerly owned by the Eugene Water and Electric Board (EWEB) in order to construct a public park as well as housing and commercial uses. The City of Eugene established a Willamette Greenway setback line on the Downtown Riverfront project site to keep structures separated from the river and to protect, maintain, preserve, and enhance the natural, scenic, historic, and recreational qualities of the Willamette Greenway. The setback line is site specific, context sensitive, and responds to existing conditions and the redevelopment vision. As illustrated on the application's Regulatory Plan, the Greenway setback is measured from top-of-bank and varies in width from 25 feet to 125 feet. The setback's variable width responds to existing site conditions and anticipated redevelopment consistent with the Downtown Riverfront Concept Plan vision. Existing structures, including the EWEB Headquarters, Steam Plant, and Willamette Substation, are excluded from the setback area. The EWEB Headquarters and Steam Plant are envisioned for adaptive reuse and are therefore excluded from the setback to enable future redevelopment. At the northern extent of the project site, the setback is approximately 160 feet in width and encompasses all property currently in use as open space and proposed to be Riverfront Park. The setback aligns with the eastern perimeter of the EWEB Headquarters North Building and EWEB Headquarters South Building and increases to approximately 110 feet in width to encompass the EWEB waterfront plaza and public access - Page 66 of 125 WILLAMETTE RIVER GREENWAY CODE AMENDMENTS 28 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN points between buildings. In the middle portion of the subject site, the setback aligns with the eastern edge of the proposed relocated Riverfront Trail, is approximately 120 feet in width, and includes all areas designated for Riverfront Park use between the trail and the river. Further south, the setback aligns with the eastern perimeters of the Steam Plant and Willamette Substation and includes all areas between those properties and the river. In the southern extent of the project site, the setback is approximately 50 feet and encompasses additional areas designated for park or cultural landscape and open space uses and riparian/ bank enhancement. In total the Willamette Greenway Setback protects 3.67 acres of the subject site. Adoption of the setback ensures that no new buildings will be constructed within the setback, that adequate public access is provided along the river frontage, that limited existing habitat is preserved, and that the remaining natural vegetative fringe is protected. The setback for the downtown riverfront site is codified at EC 9.3147 and applies to properties zoned S-DR Downtown Riverfront Special Area Zone. Map 17033044 Tax Lots 07400, 07500, 08200, 08300, 08400, 08500 Map 17032933 Tax Lots 01400, 01500, 01600, 01800, 01900, 02000, 02600, 02700, 02900, 02901 Map 17033222 Tax Lots 00100, 00300, 00400, 00401, 00800, 00801, 00802, 00803, 01600, 01500 Map 17033111 Tax Lots 00100, 00300 WG 18-2, University of Oregon, North Campus The University of Oregon North Campus area consists of all University-owned land between Franklin Boulevard and the Willamette River and bisected by the Union Pacific railroad tracks. As part of obtaining a new Conditional Use Permit for the area, the University of Oregon established a Master Site Plan to connect people to the Willamette River and to accommodate essential future development. Of the 77 total acres within the North Campus area, the Master Site Plan allocates land for conservation (41 open space (37%), recreation fields (9%), and new and existing buildings (13%). The University of Oregon established a Willamette Greenway setback line for the North Campus area in order to keep structures separated from the river and to protect, maintain, preserve, and enhance the natural, scenic, historic, and recreational qualities of the Willamette Greenway. As illustrated on the Regulatory Plan, the setback line is coterminous with the required 100-foot conservation area setback from the top of bank of the Willamette River as established by the Water Resources (/WR) Conservation Overlay Zone. Map 17033221 Tax Lot 00300 Map 17033214 Tax Lots 00300, 01800, 05300, 02300, 00103, 02200, 01400, 02000, 00105, 01600, 02500, 02600, 02400, 02700, 00100 In addition, EC 9.3715 provides for a setback of at least 35 feet from the top of bank of the Willamette River. The setback applies to all properties zoned S-RP Riverfront Park Special Area Zone. - Page 67 of 125 WILLAMETTE RIVER GREENWAY CODE AMENDMENTS 29 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Other Attachment 1.A As documented in Appendix E: WG Permit History, the City has received 141 Willamette Greenway permit applications in total and 137 since Resolution No. 2592 was approved, which included: boundaries of the Willamette River Greenway for areas within the city limits; intent to review private development; map of final Greenway boundaries; compatibility review procedures, incorporated in zoning ordinances, that require development review and findings of compliance with the approval criteria. Not all of those applications resulted in approvals, some were withdrawn, and a few were denied. Of the approved permit applications, the only known applications that included the established of a WRG setback as part of the approval are discussed previously in this document. Proposed code amendments that accompany the Design Plan allow the use of setback lines established in the Willakenzie Area Plan, EC 9.3147 or EC 9.3715 as an alternative to compliance with the Design Plan WRG setback line. 3.4 DESIGN PLAN WRG SETBACK LINE Section 2.0 Top of Bank Determination discusses the mapping of a Willamette River TOB line in GIS using 2-foot contours, slope, and hillshade layer sets derived from the 2009 LiDAR data, and subsequent adjustments to that line based on the findings from a Field Investigation. The Willamette River TOB line is the basis for the application of the proposed WRG setback line. In 2005, the City adopted Ordinance No. 20352 which updated the Goal 5 Inventory within the UGB, adopted the Goal 5 Water Resources Conservation Plan, and amended the Eugene Code. The Ordinance established protection for the Willamette River, along with other riparian corridors, wetland, and upland wildlife habitat resource sites. The Willamette River was inventoried as one of the most extensive intact wildlife corridors in the region, providing habitat for a diversity of wildlife species including state- and federally-listed species and in consideration of the following factors: • It is one of the highest quality sites in the [Goal 5]5 Inventory, • It is the largest stream in the region, • The corridor contains a highly intact riparian plant community with a mature forest canopy that supports a wide range of terrestrial and aquatic wildlife species, • It has very high connectivity value, providing one of the most extensive and diverse habitat systems and wildlife corridors in the region, • It provides habitat for state- and federally-listed species, and • It provides habitat for numerous native fish species. The primary conservation measure implemented by Ordinance No. 20352 is the /WR Water Resource Conservation Overlay Zone (/WR Overlay Zone). The /WR overlay zone organizes riparian corridors into five categories (A, B, C, D, and E) and assigns a conservation setback to each category measured horizontally from the top of high bank, or when the top of high bank is not identifiable, from the line of ordinary high water (EC 9.4920(1)(c)1.). The Willamette River is listed as a Category A Stream with a conservation setback of 100 feet from the top of high bank and 120 feet from the line of ordinary high water. Within the conservation area, the /WR overlay zone restricts new development, removal of riparian vegetation, and other conflicting uses. 5 Goal 5 Water Resources Conservation Plan. City of Eugene. ESEE Analysis, 24.5.2(1) Recommended Conservation Mea- sures (Goal 5 Program), Willamette River (WA/WB). 2005 - Page 68 of 125 WILLAMETTE RIVER GREENWAY CODE AMENDMENTS 30 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Attachment 1.A To establish consistency between the Goal 15 WRG setback recommended in this Design Plan and the established Goal 5 riparian corridor resources conservation setback, and to align protections between those provided by Goal 15 and Goal 5 implementing regulations, this Design Plan recommends a Willamette River Greenway setback of 100 feet as measured horizontally from the top of bank, with the following exclusions: • One of the purposes of the project is to remove barriers to the development of housing. To allow for the future redevelopment of residentially zoned properties with housing, this Design Plan excludes developed residentially zoned properties from the proposed WRG setback. • The previously established Willamette Greenway setbacks in the Willakenzie Area Plan, EC 9.3147 and EC 9.3715 can be used for compliance with development standards including, but not limited to, Willamette Greenway permit approval. The methodology for determining the TOB (top of bank) for the purposes of applying the WRG setback is discussed in the Section 2.0 Top of Bank Determination. Map 3.1 Overall WGS Map displays proposed WRG setback and TOB line in relation to the Willamette River Greenway boundary, tax lots, and the Eugene City Limits. - Page 69 of 125 WILLAMETTE RIVER GREENWAY CODE AMENDMENTS 31