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Home My WebLink AboutDLCD NoticeAFFIDAVIT OF ELECTRONIC SUBMISSION OF NOTICE TO DLCD I, City of Eugene. I further certify that on certify that I am an employee of the I electronically submitted the notice of post-acknowledgment plan amendment indicated below, as well as the documentation attached as Exhibit A, to the Department of Land Conservation and Development (DLCD) using DLCD's "PAPA Online" electronic submission tool. `ONew Proposal ❑ Revision ❑ Adoption ❑ Withdrawal/Denial Dated this day of , 2b22 [E plo e] State of Oregon ) ss. County of Lane ) Signed and affirmed before me on , by otary Public for Oregon LINDA OF BAKER ?'STAMPREVIZO y Commission Expires: i t, \,A Lk NOTARY PUBLIC-OREGON COMMISSION NO, 1004371 MY GOB MI$SICP! EXPIRES OCTOBER 14, 2024 WPIanning Commission NOTICE OF PUBLIC HEARING Tuesday, March 8, 2022, 5:30 p.m. Virtual Meeting (See attendance information on last page) The Eugene Planning Commission will hold a virtual public hearing to consider: File Name Willamette River Greenway Code Amendments (CA 22-1) Request: Planning Commission to hear the proposal and make a recommendation to the City Council for a land use code amendment adopting a set of clear and objective standards housing within the Willamette River Greenway. Willamette River Greenway Code Amendments Intensification of uses, changes in use, or developments require special consideration before being permitted within the boundaries of the Willamette River Greenway. Oregon Statewide Planning Goal 15 requires that regulations governing lands within the Willamette River Greenway be designed to protect, conserve, enhance, and maintain the natural, scenic, historical, agricultural, economic, and recreational qualities of lands along the Willamette River. Development, including the development of housing, is permitted within the Greenway but a Willamette Greenway permit is required prior to development. The proposed Willamette River Greenway Code Amendments are intended to provide a clear and objective set of approval criteria and standards for the review and approval of proposed housing development within the Willamette River Greenway, consistent with the requirements of ORS 197.307 and Goal 15. The amendments include changes to the City's existing Willamette Greenway permit procedures and criteria to establish a Type II land use application process and a clear and objective set of approval criteria available for proposed housing within the Willamette Greenway. The proposed amendments also include an adopted map showing a setback from the Willamette River applicable to proposed housing uses. Finally, the proposed amendments are supported by a Design Plan, as required by Goal 15. If the proposed amendments are adopted, an applicant proposing to develop housing within the Greenway will be able to choose to proceed under a set of new clear and objective standards and a Type II application process or choose to proceed using a Type III application process, which includes a public hearing, and the City's existing Willamette Greenway standards, located in sections 9.8800-9.8825 of the Eugene Code. The proposed code amendments will not change the adopted Willamette Greenway boundary. The Willamette River Greenway Code amendments support the Middle Housing Code Amendments (CA 21-1 / MA 21-1) by providing a clear and object process for the development of all housing, including middle housing, within the boundaries of the Willamette River Greenway. DLCD Notice: 02/01/2022 More information regarding the Willamette River Greenway Code Amendment project can be found here: https://www.eugene-or.gov/764/Land-Use-Code-Amendments Procedures & Approval Criteria Following this initial public hearing, the Planning Commission will deliberate and make a recommendation to the City Council. The City Council will hold a second public hearing, then deliberate and make the final decision on the proposed land use code amendments. These land use code amendments will be processed using the Type V land use application procedures in EC 9.7500-9.7560. The City Council will be the final local decision-maker on the application. Separate notice of the City Council public hearing will be provided. In making a recommendation on these proposed code amendments to the City Council, the Planning Commission will address the relevant approval criteria from the Eugene Code (EC) at 9.8065. Testimony and evidence submitted should be directed toward the applicable approval criteria from the Eugene Code noted above, or other criteria in the City's adopted plans or land use regulations or applicable state law that the person testifying believes to apply to the decision. How to Submit Testimony to the Planning Commission ➢ Send a written statement to the Planning Commission, c/o Jeff Gepper, Planning Division, 99 W. 10th Avenue, Eugene, Oregon 97401 or by e-mail JGepper@eugene-or.gov. To be included in the Planning Commission's packet for the March 8th public hearing, your statement must be received by staff no later than 5pm on February 25th, 2022. ➢ Submit a written statement to the address or email above after February 251h, 2022, but before the Planning Commission closes the public hearing. The Planning Commission will have less time to read written material submitted after February 25th prior to taking action on the request and forwarding their recommendation to the City Council. ➢ Attend the public hearing on March 8th, 2022 and provide spoken testimony. Your spoken testimony will be recorded. Instructions for providing testimony during the virtual public hearing will be provided during the hearing. The Planning Commission may limit the time for each speaker to a few minutes. You are encouraged to submit written testimony prior to the close of the public hearing if you have detailed comments you wish to make. All public testimony received by the Planning Commission will be forwarded to the City Council. As noted above, the City Council will hold a subsequent public hearing following the Planning Commission's recommendation before any final action is taken on the request. Additional Information and Staff Report The application materials, including all documents, evidence, and the applicable approval criteria, are available for free inspection at the Eugene Planning and Development Department, 99 West 10th Avenue, Eugene, Oregon 97401 between 9:00 a.m. and 5:00 p.m. Monday-Friday. *IMPORTANT NOTE: To take preventative measures for community members and staff safety against the spread of COVID- 19, City offices are only open by appointment. Please contact the listed staff representative to make an DLCD Notice: 02/01/2022 appointment to review application materials in person. Copies of all documents may be obtained at cost, $0.25 per page after the first 5 pages, and more for color or oversized. As a courtesy, the documents related to these proposed code amendments will be made available online at the following: https://pdd.eugene-or.gov/LandUse/ApplicationSearch The agenda, meeting materials, and staff report for the Planning Commission's March 81h public hearing will be available for viewing by 5:30 p.m. on Tuesday, March 1, 2022, on the Planning Commission's webpage at: www.eugene-or.gov/pc. You may also wish to discuss this proposal with your neighborhood organization. To obtain contact information for your neighborhood group, call the City's Neighborhood Involvement Office at 541-682- 5177 or www.eugene-or.gov/neighborhoods For more information, or if you have questions, please contact Jeff Gepper, Planning Division, at 541- 682-5282 or by e-mail at JGepper@eugene-or.gov. VIRTUAL PLANNING COMMISSION PUBLIC HEARING Description: Willamette River Greenway Code Amendments (CA 22-1) March 8, 2022 at 5:30 pm Watch the Public Hearing live: This option is for viewing only, and does not allow participation Please visit this URL to watch: https://www.eugene-or.gov/2109/Planning-Commission-Webcasts To participate in the Public Hearing join using one of the two following options: • Join from a computer, tablet, or smart phone: Please click this URL to join: https://eugene-or-gov.zoom.us/i/85714114990 Webinar ID: 857 1411 4990 Sign up to speak by clicking once on the "raise hand" icon • Join by phone: Dial one of numbers below and enter the Webinar ID: 857 1411 4990 +1833-548-0276 (Toll Free); or +1833-548-0282 (Toll Free); or +1877-853-5257 (Toll Free); or +1888-475-4499 (Toll Free); For higher quality, dial a number based on your current location. International numbers available: https://eugene-or-gov.zoom.us/u/kcWnZrecVK Sign up to speak by dialing *9 (Star-9) Please contact the staff referenced above with questions about attending the virtual hearing. DLCD Notice: 02/01/2022 The proposed Willamette River Greenway Code Amendments (City File: CA 22-1) are intended to provide a clear and objective set of approval criteria and standards for the review and approval of proposed housing development within the Willamette River Greenway, consistent with the requirements of ORS 197.307 and Goal 15. The amendments include changes to the City's existing Willamette Greenway permit procedures and criteria to establish a Type II land use application process and a clear and objective set of approval criteria available for proposed housing within the Willamette Greenway. The proposed amendments also include an adopted map showing a setback from the Willamette River applicable to proposed housing uses. Finally, the proposed amendments are supported by a Design Plan, as required by Goal 15. If the proposed amendments are adopted, an applicant proposing to develop housing within the Greenway will be able to choose to proceed under a set of new clear and objective standards and a Type II application process or choose to proceed using a Type III application process, which includes a public hearing, and the City's existing Willamette Greenway standards, located in sections 9.8800-9.8825 of the Eugene Code. The proposed code amendments will not change the adopted Willamette Greenway boundary. CITY OF EUGENE WILLAMETTE GREENWAY CODE AMENDMENTS WILLAMETTE GREENWAY PERMITS AMENDMENTS JANUARY 31, 2022 Amendments Guide: The following amendments are included in the document: Existing Text = Text that exists and will remain unchanged. Underlined Text = Text proposed for addition to the land use code. eat = Text proposed for removal from the land use code. Moved Text = Text that is proposed to remain but moved to a different location in the code. 9.8800 Purpose of Willamette River Greenway Permits The purpose of Willamette River Greenway Permits Special consideration is required to implement Oregon Statewide Planning Goal 15, Willamette River Greenway which is designed to protect, conserve, enhance, and maintain the natural, scenic, historical, agricultural, economic, and recreational qualities of lands along the Willamette River. Protection, conservation, enhancement, and maintenance of the qualities of lands within the Willamette River Greenway is achieved through the following measures: (1) Review of -ilntensification of uses, changes in use, grand developments eggtFFre spec+a-l-eonsderatio before bei-ng-pet--ni proposed within the boundaries of the Willamette River Greenway. M(2) Imposition ofSpecial consideration is required to implement Oregon Statewide Planning Willamette Rover Greenway which is designed to protect, conserve, enhance, and maintain the natural, scen c, historical, agricultural, economic, and recreational qualities of lands along the Willamette Rive, Urban uses may be allowed but conditions ef-appreva , ay be impo of approval as are deemed necessary to carry out the purpose and intent of the Willamette River Greenway, and to insure that any intensification of uses, changes in use, or developments within the Willamette Greenway boundaries are compatible with nearby uses within the Willamette Greenway. (3) Establishment of a Greenway Setback line to keep structures separated from the river and to protect, maintain, preserve, and enhance the natural, scenic, historic, and recreational qualities of the Willamette River Greenway, as identified in the Goal 5 inventory. (4) Implementation of an administrative review procedure incorporating clear and objective standards for compatibility review of proposed housing development, as allowed under OAR 660-015-0005 F.3.f., to insure that, to the greatest possible degree, the development of housing consistent with the adopted clear and objective standards will provide the maximum possible landscaped area, open space or veaetation between the housina and the river and that necessarv public access will be provided to and along the river by appropriate legal means. 9.8805 Willamette River Greenway Permits - Applicability Willamette River Greenway permit applications are required for intensification of uses, changes in use, or developments within the boundaries of the Willamette River Greenway aeear-dii~toestablished by Resolution No. 2592 Adopting a Willamette River Greenway Boundary. DRAFT AMENDMENTS FOR DLCD UPLOAD CITY OF EUGENE WILLAMETTE GREENWAY CODE AMENDMENTS WILLAMETTE GREENWAY PERMITS AMENDMENTS JANUARY 31, 2022 9.8810 Willamette River Greenway Permitss - General Application Requirements (1) pr-opesed Willamette River River Greenway permit applications shall be processed in accordance with the application procedures contained in EC 9.7000 through EC 9.7835. (2) If a Willamette River Greenway permit application proposes housing, the written statement submitted with the application shall clearly state whether the applicant is electing to proceed under the clear and objective approval criteria in EC 9.8814 and the Type II application procedures in EC 9.7200 through EC 9.7230, or whether the applicant is electing to proceed under the General approval criteria in EC 9.8815 and Type III application procedures in EC 9.7300 through EC 9.7340 permit applications shall be considered in accordance with the Type H! application procedures Eentained in EC 9.7000 threugh EC 9j8aFrApplication Procedures unless considered Eencurrently a Type 1V or Type V application. (3) Willamette River Greenway permit applications proposing uses other than housing shall be reviewed in accordance with EC 9.7300 through EC 9.7340 Type III Application Procedures and shall comply with the approval criteria in EC 9.8815. No development permit shall be issued by the city when a Willamette River Greenway permit is required for the proposed development until the Willamette River Greenway permit has been approved. Development permits shall be consistent with the terms and conditions of that Willamette River Greenway permit. 9.8811 Willamette River Greenway Setback The Greenway Setback is established to keep structures separated from the Willamette River and to protect, maintain, preserve, and enhance the natural, scenic, historic, and recreational qualities of the Willamette Greenway. In accordance with the requirements at OAR 660-015-0005 C.3.k., OAR 660-015-0005 F.3.f., and EC 9.8815(5)(a) the Greenway Setback is a component of the clear and objective administrative review procedure for compatibility review of proposed housing development. The Greenway Setback is determined using one of the following methods: (1) The Greenway Setback line as shown on Exhibit X to Ordinance No. XXXXX for all properties except those described in subsections (2) or (3), below. (2) The Greenway Setback line as established in EC 9.3147 for properties zoned S-DR Downtown Riverfront Special Area Zone; or, as established in EC 9.3715(2) for properties zoned S-RP Riverfront Park Special Area Zone. (3) The Greenway Setback established in the Neighborhood Design Element of the Willakenzie Area Plan for properties within the plan area. 9.8812 Willamette River Greenway Permit Setback - Permitted and Prohibited Uses and Exceptions DRAFT AMENDMENTS FOR DLCD UPLOAD CITY OF EUGENE WILLAMETTE GREENWAY CODE AMENDMENTS WILLAMETTE GREENWAY PERMITS AMENDMENTS JANUARY 31, 2022 Uses are permitted or prohibited within the Greenway Setback based on whether they occur inside or outside the Greenway Setback as defined in EC 9.8811 and as follows: (1) Uses Permitted Outside the Greenwa- y Setback. The uses permitted on portions of properties located outside of the Greenway Setback are the same as those otherwise permitted without consideration of the Greenway Setback. (2) Uses Permitted Within the Greenway Setback. Except as provided in (3) and (4) below, only water-related uses, water-dependent uses, and the uses listed in EC 9.4930(2) are permitted within the Greenway Setback. (3) Uses Subject to Standards Review Within the Greenwa- y Setback. Except as prohibited by subsection (4), or as excepted under subsections (5), the uses listed at EC 9.4930(3) are permitted within the Green" Setback, subject to standards review approval following the process beginning at EC 9.8460. (4) Uses Prohibited Within the Greenway Setback. Uses that are not specifically allowed under subsections (2), (3), or (5) are prohibited within the Greenway Setback. Prohibited uses are more specifically listed at EC 9.4930(4). (5) Exceptions. Activities that are explicitly authorized by a city land use approval issued prior to November 14, 2005, or that are necessary to carry out uses or development explicitly authorized by such an approval are exempt if the authorization is part of an approval listed at EC 9.4930(5)(a) through (e). 9.8814 Willamette Greenway Permit Approval Criteria - Clear and Objective Willamette River Greenway permit applications proposing housing and reviewed for compliance with the approval criteria in this section shall be processed according to the Type II application procedures in EC 9.7200 through EC 9.7230. The Planning Director shall approve, approve with conditions, or deny a Willamette River Greenway application reviewed for compliance with the approval criteria in this section. Unless the applicant proposing housing elects to use the General criteria contained in EC 9.8815, Willamette Greenway Approval Criteria - General, the Planning Director shall approve or approve with conditions a Willamette River Greenway permit that complies with the following criteria: (1) Greenway Setback. (a) The proposal complies with the Greenway Setback requirements in EC 9.8811 and EC 9.8812. (2) Building Facade. (a) The maximum length of any building facade located within 40 feet of the Greenway Setback line is 80 feet. (3) Landscapin . (a) A landscape area that meets the requirements of EC 9.6210 Low Screen Landscape Standard (L-2) shall be provided along the length the Greenway Setback line. The landscape area shall be DRAFT AMENDMENTS FOR DLCD UPLOAD CITY OF EUGENE WILLAMETTE GREENWAY CODE AMENDMENTS WILLAMETTE GREENWAY PERMITS AMENDMENTS JANUARY 31, 2022 located on the opposite side of the Greenway setback line from the river and shall be a minimum depth of 10 feet. These requirements are not adjustable under the provisions of EC 9.6210(2)(b) or EC 9.8030(3)(c). (b) Solid or Masonry walls are not permitted within the Greenway Setback, or the landscape area required by subparagraph (a). Solid or Masonry walls may be located outside the landscape area required by subparagraph (a). (c) Fences are not permitted within the Greenway Setback. Fences located on or outside the Greenway Setback may not include barb wire, chain link fencing, or cyclone fencing and shall be at least 50 percent transparent. (d) Parking areas and other vehicle use areas are not permitted between any building and the Greenway Setback line. (e) Plantings within the Greenway Setback and the landscape area required by subsection (3)(a) shall consist only of plants selected from the list of plant species in the Native Plant Species for Sites at or Below 500 feet in Elevation Within the Eugene UGB within the Native and Non-Native Plant List included as Exhibit F to Ordinance No. 20351. (4) Access. (a) The following standards apply to any proposed housing with 5 or more dwelling units on one development site: 1. On-site pedestrian paths shall be provided from the development site property line nearest to the Willamette River to main building entrances. Where required, these on-site pedestrian paths shall be a minimum of 3 feet wide, and be constructed of concrete, asphalt, or any pervious surface that complies with the Americans with Disabilities Act, unless adjusted in accordance with EC 9.8030(22). 2. Where the development site is not within 500 feet of a public access point shown on Exhibit X to Ordinance No. XXXXX, the City may require the dedication and improvement of a public access connection, consistent with the standards at EC 9.6805, extending from the property line of the development site to existing public ways that provide a connection to or along the Willamette River. The public access connection shall be a minimum 10 feet in width, constructed in accordance with, public improvement standards, and be within an easement of record or public right-of-way approved in accordance with provisions contained in this land use code. For purposes of this subsection "within 500 feet" means a straight-line measurement between any point on the perimeter of the development site and the closest public access point shown on Exhibit X to Ordinance No. XXXXX. 9.8815 Willamette Greenway Permit Approval Criteria and Stand - General Willamette River Greenway permit applications reviewed for compliance with the approval criteria in this section shall be processed according to the Type III application procedures in EC 9.7300 through EC 9.7340. DRAFT AMENDMENTS FOR DLCD UPLOAD CITY OF EUGENE WILLAMETTE GREENWAY CODE AMENDMENTS WILLAMETTE GREENWAY PERMITS AMENDMENTS JANUARY 31, 2022 The hearings official shall approve, approve with conditions, or deny a Willamette River Greenway application reviewed for compliance with the approval criteria in this section. Approval or approval with conditions shall be based on compliance with the following approval criteria: Willamette Greenway permit approval may be granted only Of the proposal conforms to all the Eriteri subsections Rythrough R, and the applicable standards of subsection (5yas follows: (2)(1) 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. (3)(2) To the greatest possible degree, necessary and adequate public access will be provided to and along the Willamette River by appropriate legal means. (4)(3) The intensification, change of use, or development will conform with applicable Willamette Greenway policies as set forth in the Metro Plan. {5}(4) In areas subject to the Willakenzie Area Plan, the intensification, change of use, or development will conform with that plan's use management considerations. (6)(5) In areas not covered by subsection (4) of this section, the intensification, change of use, or development shall conform with the following applicable standards: (a) Establishment of adequate setback lines to keep structures separated from the Willamette River to protect, maintain, preserve, and enhance the natural, scenic, historic, and recreational qualities of the Willamette 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.). (b) Protection of significant fish and wildlife habitats as identified in the Metropolitan Plan Natural Assets and Constraints Working Paper. Sites subsequently determined to be significant by the Oregon Department of Fish and Wildlife shall also be protected. (c) Protection and enhancement of the natural vegetative fringe along the Willamette River to the maximum extent practicable. (d) Preservation of scenic qualities and viewpoints as identified in the Metropolitan Plan Natural Assets and Constraints Working Paper. (e) Maintenance of public safety and protection of public and private property, especially from vandalism and trespass in both rural and urban areas to the maximum extent practicable. (f) Compatibility of aggregate extraction with the purposes of the Willamette River Greenway and when economically feasible, applicable sections of state law pertaining to Reclamation of Mining Lands (ORS Chapter 517) and Removal of Material; Filling (ORS Chapter 541) designed to minimize adverse effects to water quality, fish and wildlife, vegetation, bank stabilization, stream flow, visual quality, noise, safety, and to guarantee necessary reclamation. DRAFT AMENDMENTS FOR DLCD UPLOAD CITY OF EUGENE WILLAMETTE GREENWAY CODE AMENDMENTS WILLAMETTE GREENWAY PERMITS AMENDMENTS JANUARY 31, 2022 (g) Compatibility with recreational lands currently devoted to metropolitan recreational needs, used for parks or open space and owned and controlled by a general purpose government and regulation of such lands so that their use will not interfere with adjacent uses. As used in this section, the words "the greatest possible degree" are drawn from Oregon Statewide Planning Goal 15 (F.3.b.) and are intended to require a balancing of factors so that each of the identified Willamette Greenway criteria is met to the greatest extent possible without precluding the requested use. (6) When site re i I I - -al is required, the proposed development wall be consistent with the applicable site review criteria. The proposal complies with all applicable standards explicitly addressed in the application. An approved adjustment to a standard pursuant to provisions beginning at EC 9.8015 of this land use code constitutes compliance with the standard. 9.8825 Modifications to a Willamette Greenway Permit. After the effective date of Willamette Greenway Permit approval of final plans, modifications of the Willamette River Greenway Permit, as provided in EC 9.7230 and EC 9.7340-to-tTe-ap~rovecl final may be considered in accordance with the Type II Application Procedures contained in EC 9-.7-ON Application ProcedurosEC 9.7200 through EC 9.7230. The planning director shall decide whether to grant the requested modification based on the following criteria: (1) The modification will be consistent with the conditions of the original approval; and (2) The modification will result in insignificant changes in the physical appearance of the development, the use of the site, and impact on the surrounding properties. If determined to be consistent with the above criteria, the planning director shall approve the request. The applicant retains the ability to submit the requested modification as a new Willamette Greenway permit application based on the Type III procedural requirements. Nothing in this land use code shall preclude the applicant from initially submitting the requested modification as a new Willamette Greenway permit application. DRAFT AMENDMENTS FOR DLCD UPLOAD CITY OF EUGENE WILLAMETTE GREENWAY CODE AMENDMENTS EXTERNAL AMENDMENTS JANUARY 31, 2022 Amendments Guide: The following amendments are included in the document: Existing Text = Text that exists and will remain unchanged. Underlined Text = Text proposed for addition to the land use code. eat = Text proposed for removal from the land use code. Moved Text = Text that is proposed to remain but moved to a different location in the code. 9.0500 Definitions. Change of Use. (A) Except as provided in (B), a change from the existing use to another land use according to the land use and permit requirement tables in this land use code. (B) As used in Willamette River Greenway Permits beginning at EC 9.8800, making a different use of the land or water than that which existed on December 6, 1975. It includes only a change that requires construction, alterations of the land, water, or other areas outside of existing buildings or structures and that substantially alters or affects the land or water. It does not include a change of use of a building or other structure that does not substantially alter or affect the land or water upon which it is situated. The sale of property is not in itself considered to be a change of use. An existing open storage area shall be considered to be the same as a building for purposes of defining "change of use" with regard to Willamette River Greenway permits. Water-dependent. A 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. Water-related. Uses which are not directly dependent upon access to a water body but which provide goods or services that are directly associated with water-dependent land or waterway use, and which, if not located adjacent to water, would result in a public loss of quality in the goods or services offered. Except as necessary for water-dependent or water-related uses or facilities, residences, parking lots, spoil and dump sites, roads and highways, restaurants, businesses, factories, and trailer parks are not generally considered dependent on or related to water location needs. Intensification (as used in Willamette River Greenway Permits beginning at EC 9.8800). Any additions that increase or expand the area or amount of an existing use, or the level of activity. Remodeling the exterior of a structure not excluded below is an intensification when it will substantially alter the appearance of the structure. Maintenance and repair that is usual and necessary for the continuance of an existing use is not an intensification of use. Reasonable emergency procedures necessary for the safety or the protection of DRAFT AMENDMENTS FOR DLCD UPLOAD CITY OF EUGENE WILLAMETTE GREENWAY CODE AMENDMENTS EXTERNAL AMENDMENTS JANUARY 31, 2022 property are not an intensification of use. Residential use of lands within the Greenway includes the practices and activities customarily related to the use and enjoyment of one's home. Landscaping, construction of driveways, modification of existing structures or construction or placement of such subsidiary structures or of-facilities adjacent to the residence or placement of such subsidiary structures as are usual and necessary to such use and enjoyment shall not be considered an intensification. Seasonal increases in gravel operations shall not be considered an intensification of use. 9.3725 S-RP Riverfront Park Special Area Zone - Review Procedures. The master site plan for developments proposed within the S-RP zone shall be reviewed through the conditional use permit process provided in this land use code. For the purpose of this review, the following criteria shall be applied in lieu of the criteria provided in EC 9.8090 Conditional Use Permit Approval Criteria - General. (1) Criteria for all Development. (a) The proposed development shall be consistent with the Metropolitan Area General Plan, Riverfront Park Study, and other applicable policy documents or functional plans. (b) Based on technical analysis (particularly with respect to transportation facilities), planned public facilities shall be shown to accommodate the requirements of the proposed development. (c) The proposed development shall protect visual access from main entry points from Franklin Boulevard to the river/riparian vegetation. (2) Criteria for Development Within Willamette Greenway Boundaries. (a) Except as provide in subparagraph (b), development of properties zoned S-RP Riverfront Park Special Area Zone and located within the boundary of the Willamette River Greenway shall comply with the following; Compliance with the criteria in EC 9.3725(1) Criteria for all Development above. 2. The height and bulk of the proposed development shall be designed to consider the impacts on public open space, especially the buffer strips along the Willamette River and Millrace, and to adhere to the height limitations specified along the Willamette River. Building setbacks shall be varied to avoid the effect of a continuous wall along the minimum setback line and to adhere to the requirement for protection of designated features (i.e., Millrace and pedestrian linkage to the Autzen Stadium footbridge). 3. To the greatest possible degree, the intensification, change of use, or development will provide the maximum possible landscaped area, open space, or vegetation between the activity and the river. DRAFT AMENDMENTS FOR DLCD UPLOAD CITY OF EUGENE WILLAMETTE GREENWAY CODE AMENDMENTS EXTERNAL AMENDMENTS JANUARY 31, 2022 4. To the maximum extent practicable, the proposed development shall provide for protection and enhancement of the natural vegetative fringe along the Willamette River. This means protection and enhancement of trees and understory characteristic of native vegetation within the riparian strip along the Willamette River. It also means removal, and active management to prevent reintroduction of, disturbance vegetation such as Himalayan blackberries and English ivy. As used herein, the riparian strip means the area between the top of the river bank and the water's edge. 5. To the greatest possible degree, necessary and adequate public access will be provided to and along the river by appropriate legal means. (b) An applicant proposing to develop multiple-family dwellings on properties zoned S-RP Riverfront Park Special Area Zone and located with boundary of the Willamette Greenway as allowed by EC 9.3710 shall elect to proceed either pursuant to the criteria in subsection (a) or pursuant to the criteria in EC 9.8814. As used in this section, the words "greatest possible degree" are drawn from Statewide Planning Goal 15 (F.3.b.) and are intended to require a balancing of factors so that each of the identified Greenway criteria is protected to the greatest extent possible without precluding the requested use. Goal 15 (C.3.j.) provides that "lands committed to urban uses within the Greenway shall be permitted to continue as urban uses." (3) Interpretation. In the event any of the terms used in these S-RP zone provisions require interpretation, the planning and development director shall be responsible for such interpretation. 9.5750 Telecommunication Devices - Siting Requirements and Procedures. (5) Construction of Transmission Tower. Construction of a transmission tower, or a modification of an existing transmission tower to increase its height, shall be allowed as follows: (d) Prohibited Zones and Locations. No new transmission tower shall be permitted in any zones not included in subparagraphs (a) to (c) above, including the AG, R-2, R-3, R-4, H, NR, and PRO zones; or in the Willamette River Greenway, on Gillespie Butte above the elevation of 450 feet, on the ridgeline as defined in the South Hills Study or on Judkins Point. 9.7005 Pre-applicaton Conference. DRAFT AMENDMENTS FOR DLCD UPLOAD 3 CITY OF EUGENE WILLAMETTE GREENWAY CODE AMENDMENTS EXTERNAL AMENDMENTS (3) Willamette River Greenway Permits. 9.7030 Recordation of Certain City Decisions. (9) Willamette River Greenway permit and any modifications. 9.7055 Applications and Review Authorities. JANUARY 31, 2022 Table 9.7055 Applications and Review Authorities R = Recommendation, D = Decision Maker, A = Appeal Review Authority Planning Hearings Historic Planning City Application Type Director Official Review Commission Council Board Willamette River 11 111 D OA A Greenway Permit= Clear and Ob'e~ ctive Willamette River III D A Greenway Permit - General Willamette River II D A Greenway Permit, Modification 9.7205 Type II Application Requirements and Criteria Reference. DRAFT AMENDMENTS FOR DLCD UPLOAD 4 CITY OF EUGENE WILLAMETTE GREENWAY CODE AMENDMENTS EXTERNAL AMENDMENTS JANUARY 31, 2022 Table 9.7205 Type II Application Requirements and Criteria Type II Applications Beginning Reference Willamette River Greenway Permit - Clear EC 9.8800 and Objective Willamette River Greenway Permit, Modification EC 9.8825 9.7210 Notice of Application. (4) Within 10 days of the city's determination that an application is complete, but no less than 20 days before the planning director makes a decision, written notice of the application shall be mailed to all of the following: (a) Applicant. (b) Owners and occupants of the subject property. (c) Owners and occupants of properties located within 300 feet of the perimeter of the subject property. (d) Neighborhood group or community organization officially recognized by the city council that includes the area of the subject property. (e) Community organizations that have submitted written requests for notification. (f) For final partitions, final subdivisions, and final PUDs, to interested parties of record from the tentative decision. (g) For modification applications, to persons who requested notice of the original application that is being modified. (h) For Willamette River Greenway permit applications and Willamette River Greenway permit modification applications, to the Oregon Department of Transportation, by certified mail, return receipt requested. DRAFT AMENDMENTS FOR DLCD UPLOAD 5 CITY OF EUGENE WILLAMETTE GREENWAY CODE AMENDMENTS EXTERNAL AMENDMENTS 9.7220 Notice of Decision. JANUARY 31, 2022 (1) Within 5 days after the planning director renders a decision, notice of the decision shall be mailed to the following: (a) Applicant. (b) Owner and occupants of the subject property. (c) Neighborhood group or community organization officially recognized by the city that includes the area of the subject property. (d) Any group or individual who submitted written comments during the comment period. (e) Those groups or individuals who requested notice of the decision. (f) Property owners and occupants of property located within 300 feet of the perimeter of the subject property. (q) For decisions on Willamette River Greenway permit applications and Willamette River Greenway permit modification applications, to the Oregon Department of Transportation. 9.7230 Expiration. (1) The planning director's approval of an application shall expire in 12 months, 18 months, or 36 months from the effective date of approval, depending upon the type of land use application as specified in Table 9.7230 Expiration of Type II Application Approvals, or as provided in subsections (2) through (9) of this section. If an application approval has expired according to any of the conditions stated in subsections (2) through (9), the original application approval is revoked and a new application must be filed. Table 9.7230 Expiration of Type II Application Approvals Application 12 months 18 months 36 months Adjustment Review X Conditional Use Permit, Modification X Design Review X Design Review, Modification X DRAFT AMENDMENTS FOR DLCD UPLOAD CITY OF EUGENE WILLAMETTE GREENWAY CODE AMENDMENTS EXTERNAL AMENDMENTS JANUARY 31, 2022 Table 9.7230 Expiration of Type II Application Approvals Application Historic Property, Alteration 12 months 118 months 136 months X Partition: - Tentative Plan X Planned Unit Development, Final X Planned Unit Development, Modification X Site Review X Site Review, Modification X Standards Review X Standards Review, Modification X Subdivision: - Tentative Plan Traffic Impact Analysis Review X Variance I I X Willamette River Greenway Permit - Clear and I X Objective Willamette River Greenway Permit, Modification I X X (2) Modifications to a conditional use permit shall be effective for 18 months after the effective date of approval. Within that time, the applicant shall submit to the city a final approved site plan and a development permit application or shall commence the authorized activity if no development permit is required. If the applicant fails to meet this requirement, the approval of the modification automatically DRAFT AMENDMENTS FOR DLCD UPLOAD 7 CITY OF EUGENE WILLAMETTE GREENWAY CODE AMENDMENTS EXTERNAL AMENDMENTS JANUARY 31, 2022 expires. Prior to the expiration date, the applicant may submit another modification application requesting a change to the commencement or expiration time period. (3) Historic property alteration approval shall be effective for 18 months after the effective date of approval, and construction shall commence within that time. The planning director may extend the commencement or completion time period if the applicant files an extension request with the city prior to the expiration of the applicable time period. (4) Tentative partition approval shall be effective for 18 months after the effective date of approval. Within that time, any conditions of approval shall be fulfilled and the final plat, as approved by the city, shall be recorded at Lane County Deeds and Records. If the approved final plat is not recorded within 12 months after the final plat is submitted, the tentative partition approval is revoked and the land division procedures must be repeated. (5) Final planned unit development approvals and modifications to a planned unit development approval shall be effective for 36 months after the effective date of approval. Within that time, the applicant shall submit to the city a final plan and an application for a development permit. Prior to the expiration date, the applicant may submit a modification requesting a change to the commencement or expiration time period. Unless the planning director provides otherwise, expiration of final plan approval of any phase automatically voids approval of all phases on which construction has not commenced. (6) Approvals for site review and standards review not considered as part of another land use application and modifications of such approvals shall be effective for 18 months after the effective date of approval. Within that time, the applicant shall submit a final plan and an application for a development permit. Prior to the expiration date, the applicant may submit a modification requesting a change to the commencement or expiration time period. Site review or standards review approvals that are considered as part of another land use application shall be effective for the same time period as the primary land use application. (7) Tentative subdivision approval shall be effective for 36 months after the effective date of approval. Within that time, any conditions of approval shall be fulfilled and the final plat, as approved by the city, shall be recorded by the applicant at Lane County Deeds and Records. (8) Variance approvals shall be effective for 18 months after the effective date of approval. Within that time, the applicant must obtain a development permit, if necessary, or otherwise commence the approved use. (9) Approvals for adjustment review or traffic impact analysis review not considered as part of another land use application shall be effective for 18 months after the effective date of approval. Within that time, the applicant shall submit an application for a development permit or the approval shall expire. Adjustment review or traffic impact analysis review approvals that are considered as part of another land use application shall be effective for the same time period as the primary land use application. (10) Unless the decision specifies otherwise, a Willamette River Greenwa ry permit approval shall expire 18 months after the effective date of approval unless actual construction or alteration has begun under a DRAFT AMENDMENTS FOR DLCD UPLOAD CITY OF EUGENE WILLAMETTE GREENWAY CODE AMENDMENTS EXTERNAL AMENDMENTS JANUARY 31, 2022 required permit, or in the case of a permit not involving construction or alteration, actual commencement of the authorized activity has begun. However, the applicant may submit a modification application at anytime before the 18-month period has expired, requesting an extension of the approval period. The applicant may request more than one extension. Under no circumstances, however, can the total combined extension periods exceed 36 months from the original expiration date. Within S-DR, upon approval of a Willamette River Greenwa ry permit concurrently with Type V code amendments and other plan amendments, plan adoption, or zone change; the Willamette River Greenway permit shall remain in effect so long as the S-DR zone remains in effect. (11) Modifications to a Willamette River Greenway permit shall expire 18 months after the effective date of approval unless actual construction or alteration has begun under a required permit, or in the case of a permit not involving construction or alteration, actual commencement of the authorized activity has begun. Prior to the expiration date, the applicant may submit another modification application requesting a change to the commencement or expiration time period. 9.7305 Type III Application Requirements and Criteria Reference. Table 9.7305 Type III Application Requirements and Criteria Type III Applications Beginning Reference Adjustment Review (when part of a Type III Application) EC 9.8015 Conditional Use Permits (CUP) EC 9.8075 Historic Landmark Designation EC 9.8150 Planned Unit Development, Tentative Plan EC 9.8300 Willamette River Greenway Permit - General EC 9.8800 Zone Changes* EC 9.8850 9.7315 Public Hearing Notice. DRAFT AMENDMENTS FOR DLCD UPLOAD CITY OF EUGENE WILLAMETTE GREENWAY CODE AMENDMENTS EXTERNAL AMENDMENTS JANUARY 31, 2022 (2) At least 30 days prior to the hearing, written notice of the public hearing and the nature of the request shall be mailed to all of the following: (f) For Willamette River Greenway permits, public hearing notice shall also be provided to the Oregon Department of Transportation by certified mail, return receipt requested. 9.7335 Notice of Decision. (e) For Willamette River Greenway permits, to the Oregon Department of Transportation. 9.7340 Expiration. (4) Unless the decision specifies otherwise, a Willamette River Greenway permit approval shall expire 18 months after the effective date of approval unless actual construction or alteration has begun under a required permit, or in the case of a permit not involving construction or alteration, actual commencement of the authorized activity has begun. However, the applicant may submit a modification application at anytime before the 18-month period has expired, requesting an extension of the approval period. The applicant may request more than one extension. Under no circumstances, however, can the total combined extension periods exceed 36 months from the original expiration date. Within S-DR, upon approval of a Willamette River Greenway pPermit concurrently with Type V code amendments and other plan amendments, plan adoption, or zone change; the Willamette River Greenway permit shall remain in effect so long as the S-DR zone remains in effect. 9.7605 Filing of Appeal of Planning Director's Decision. (1) Within 12 days of the date of the mailing of the planning director's decision, the decision may be appealed to the hearings official or historic review board according to the appeal review authority specified in Table 9.7055 Applications and Review Authorities by the following: (a) Applicant. (b) Owner of the subject property. (c) Neighborhood group officially recognized by the city that includes the area of the subject property. DRAFT AMENDMENTS FOR DLCD UPLOAD 10 CITY OF EUGENE WILLAMETTE GREENWAY CODE AMENDMENTS EXTERNAL AMENDMENTS JANUARY 31, 2022 (d) Any person who submitted written comments in regards to the original application. (e) A person entitled to notice of the original application. (f) A person adversely affected or aggrieved by the initial decision. (2) The appeal shall be submitted on a form approved by the city manager, be accompanied by a fee established pursuant to EC Chapter 2, and be received by the city no later than 5:00 p.m. of the 12th day after the notice of decision is mailed. The record from the planning director's proceeding shall be forwarded to the appeal review authority. New evidence pertaining to appeal issues shall be accepted. (3) The appeal shall include a statement of issues on appeal and be limited to the issues raised in - appeal. The appeal statement shall explain specifically how the planning director's decision is inconsistent with applicable criteria. Appeals of planning director decisions on applications for permit as defined in ORS Chapter 227 shall not be limited to the issued raised in the appeal statement. Appeals of planning director decisions on all other applications shall be limited to the issues raised in the appeal statement. 9.7615 Public Hearing Notice. (1) At least 20 days prior to the hearing, written notice shall be mailed to all of the following: (a) Applicant. (b) Owner of the subject property. (c) Appellant. (d) Neighborhood group or community organization officially recognized by the city that includes the area of the subject property. (e) Any person who provided written comments prior to the close of the public comment period. (f) Owners of property within 100 feet of the perimeter of the subject property. (g) For Willamette River Greenway permits, public hearing notice shall also be provided to the Oregon Department of Transportation. 9.7635 Notice of Decision. (1) Within 5 days after a decision by the appeal review authority is rendered, notice of the decision shall be mailed to all of the following: DRAFT AMENDMENTS FOR DLCD UPLOAD 11 CITY OF EUGENE WILLAMETTE GREENWAY CODE AMENDMENTS EXTERNAL AMENDMENTS JANUARY 31, 2022 (a) Applicant. (b) Owner of the subject property. (c) Appellant. (d) Any person who provided oral or written testimony in a timely manner during the hearing procedures. (e) Any person who requested notice of the appeal decision. (f) For Willamette River Greenway permits, notice of the decision shall also be provided to the Oregon Department of Transportation. 9.7665 Public Hearing Notice. (1) At least 10 days prior to the hearing, written notice of the hearing shall be mailed to the following: (a) Applicant. (b) Owner of the subject property. (c) Appellant. (d) Neighborhood group or community organization officially recognized by the city that includes the area of the subject property. (e) Any person who submitted written comments in regards to the original application. (f) Any person who requested notice of the previous decision or of the appellate hearing. (g) For Willamette River Greenway permits, public hearing notice shall also be provided to the Oregon Department of Transportation. 9.7685 Notice of Decision. (1) Within 5 days after the planning commission's decision is rendered, written notice of the decision shall be mailed to all of the following: (a) Applicant. (b) Owner of the subject property. DRAFT AMENDMENTS FOR DLCD UPLOAD 12 CITY OF EUGENE WILLAMETTE GREENWAY CODE AMENDMENTS EXTERNAL AMENDMENTS JANUARY 31, 2022 (c) Appellant. (d) Any person who provided oral or written testimony in a timely manner during the hearing procedures. (e) Any person who requested notice of the appeal decision. (f) For Willamette River Greenway permits, notice of the decision shall also be provided to the Oregon Department of Transportation. 9.8005 Applicability and Effect of Application Requirements, Criteria, and Concurrent Review. (e) Willamette River Greenway permit; or DRAFT AMENDMENTS FOR DLCD UPLOAD 13 Design Plan WILLAMETTE RIVER GREENWAY CODE AMENDMENTS Eugene, Oregon December 2021 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 0 WILLAMETTE RIVER GREENWAY CODE AMENDMENTS I DESIGN PLAN 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: 1 Gunderson, LLC v. City of Portland, 352 Or 648, 650-53 (2012). M WILLAMETTE RIVER GREENWAY CODE AMENDMENTS I CITY OF EUGENE DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 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. M WILLAMETTE RIVER GREENWAY CODE AMENDMENTS I CITY OF EUGENE DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 1.0 PROJECT NARRATIVE 1.1 OVERVIEW 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). M WILLAMETTE RIVER GREENWAY CODE AMENDMENTS I CITY OF EUGENE DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN GUNDERSON, 352 OR AT 650-53. 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). 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 M WILLAMETTE RIVER GREENWAY CODE AMENDMENTS I CITY OF EUGENE DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 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 M WILLAMETTE RIVER GREENWAY CODE AMENDMENTS I CITY OF EUGENE DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 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. M WILLAMETTE RIVER GREENWAY CODE AMENDMENTS I CITY OF EUGENE DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 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 M WILLAMETTE RIVER GREENWAY CODE AMENDMENTS I CITY OF EUGENE DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 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. M WILLAMETTE RIVER GREENWAY CODE AMENDMENTS I CITY OF EUGENi 10 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 1.3 DESIGN PLAN COMPONENTS 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. Willamette River Greenway (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: I Gunderson, LLC v. City of Portland, 352 Or 648, 650-53 (2012). M WILLAMETTE RIVER GREENWAY CODE AMENDMENTS I CITY OF EUGENE 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 3 Water Resources Conservation Plan. City of Eugene. Exhibit B - Conflicting Use and ESEE Analysis. Section 24.1 Site Description(s). November 2005. M WILLAMETTE RIVER GREENWAY CODE AMENDMENTS I CITY OF EUGENE 12 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Willamette River (WA): 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:4 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- 5B) 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. M WILLAMETTE RIVER GREENWAY CODE AMENDMENTS I CITY OF EUGENi 13 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 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 Category A 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. M WILLAMETTE RIVER GREENWAY CODE AMENDMENTS I CITY OF EUGENi 14 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 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. Parks and Recreation System Plan 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 M WILLAMETTE RIVER GREENWAY CODE AMENDMENTS I CITY OF EUGENi 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% M WILLAMETTE RIVER GREENWAY CODE AMENDMENTS I CITY OF EUGENi 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 ® Parks, Natural Areas, and Open Space Q WRG Boundary 0 0.5 1 ° Miles ' 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. I WILLAMETTE RIVER GREENWAY CODE AMENDMENTS _ _ a=_ 17 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Willamette Riverfront Access Study Completed in 2018, the Willamette Riverfront Access Studv 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. M WILLAMETTE RIVER GREENWAY CODE AMENDMENTS I CITY OF EUGEN 18 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Map 1.2 Willamette River Greenway Public Access' Q UGB ® Public Land • Public Access Points: where right-of-way intersects 0 0.5 1 AG 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)anuary 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 I WILLAMETTE RIVER GREENWAY CODE AMENDMENTS ITY OF EUGE'.= 19 Willamette River Greenway Public Access DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Land Ownership 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 M WILLAMETTE RIVER GREENWAY CODE AMENDMENTS I CITY OF EUGENE 20 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Map 1.3 Willamette River Greenway Committed Lands' Willamette River Greenway Land Ownership Q UGB Committed Lands 0 WRG Boundary Other Lands 0 0.5 1 oeld N1. 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- mitted 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 lTY OF EUGE' 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. M WILLAMETTE RIVER GREENWAY CODE AMENDMENTS I CITY OF EUGEN 22 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 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. M WILLAMETTE RIVER GREENWAY CODE AMENDMENTS I CITY OF EUGENE 23 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 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/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. M WILLAMETTE RIVER GREENWAY CODE AMENDMENTS I CITY OF EUGENE 24 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 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. M WILLAMETTE RIVER GREENWAY CODE AMENDMENTS I CITY OF EUGENE 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.3.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. EC 9.8815(5)(a). fflntensification, 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." M WILLAMETTE RIVER GREENWAY CODE AMENDMENTS I CITY OF EUGENE 26 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Water-dependent uses are defined as: 'A 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 M WILLAMETTE RIVER GREENWAY CODE AMENDMENTS I CITY OF EUGENi 27 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 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. 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 M WILLAMETTE RIVER GREENWAY CODE AMENDMENTS I CITY OF EUGENE 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-Z 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. M WILLAMETTE RIVER GREENWAY CODE AMENDMENTS I CITY OF EUGENE 29 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Other 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 M WILLAMETTE RIVER GREENWAY CODE AMENDMENTS I CITY OF EUGENE 30 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 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. M WILLAMETTE RIVER GREENWAY CODE AMENDMENTS I CITY OF EUGENE 31 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Map 3.1. Overall WGS Map M WILLAMETTE RIVER GREENWAY CODE AMENDMENTS I CITY OF EUGENi 32 EXHIBIT N^ r „f City Limit Line D Topof Bank Line OVERALL WGS MAP . _ O Q WRG Boundary 0 WRG Setback Line WG CODE AMENDMENTS Tax Lot Line Q Sample Site DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 4.0 DESIGN PLAN FINDINGS 4.1 OVERVIEW Goal 15 allows for adoption of an administrative review procedure and design plan as an alternative to the subjective approval criteria and public hearings specified in subsections 3(a) through (e) of the goal. If a city chooses to prepare and adopt a design plan and administrative review procedure for a development within the Greenway, the design plan must provide findings showing compliance the following criteria, set out in 3(b)(1) and (2) of paragraph F of 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. • Necessary public access will be provided to and along the river by appropriate legal means. 4.2 FINDINGS Following are findings of compliance with the aforementioned criteria for the preparation and adoption of the Design Plan. OAR 660-015-0005 F.3(b)(1) 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. The Design Plan and associated land use code amendments establish a Greenway Setback to keep structures separated from the Willamette River and to protect, maintain, preserve, and enhance the natural, scenic, historic, and recreational qualities of the Willamette Greenway. The Greenway Setback is shown on Map 3.1 and will apply when an applicant to develop housing on a property within the Greenway chooses to proceed under the clear and objective standards established by the land use code amendments associated with this Design Plan. The Greenway Setback applicable to properties subject to the Willakenzie Area Plan is 35 feet from the top of bank of the Willamette River, in accordance with the language of that plan. The setback applicable to properties zoned S-DR Downtown Riverfront Special Area Zone is in accordance with the requirements of EC 9.3147 and Figure 9.3135 S-DR Zone Regulating Plan. The Greenway Setback applicable to properties zoned S-RP Riverfront Park Special Area Zone is 35 feet from top of bank, as established in EC 9.3715. For all other properties within the Greenway Boundary and subject to the setback, the land use code amendments associated with this Design Plan provide for a setback of 100 feet from the top of bank of the Willamette River. These setbacks are collectively referred to in these findings as the Greenway Setback. In concert with the administrative review procedure and clear and objective standards included in the land use code amendments associated with this Design Plan, the Greenway Setback will, to the greatest possible degree, provide the maximum possible landscaped area, open space or vegetation between the housing development and the Willamette River. M WILLAMETTE RIVER GREENWAY CODE AMENDMENTS I CITY OF EUGENE 33 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN "Maximum possible" is not defined by Goal 15, but because Goal 15 contemplates development within the Greenway boundary, it is clear that the "maximum possible landscaped area, open space or vegetation between the housing development and the river" must mean something other than "no development between the river and the Greenway Boundary." Instead, read in the context of Goal 15's allowance for development in the Greenway, it is clear that "maximum possible landscaped area, open space or vegetation between the housing development and the river" requires reservation of enough landscaped area, open space, or vegetation to preserve the character of the Greenway and the river, while still allowing the development within the Greenway Boundary that is clearly contemplated by Goal 15. The Greenway Setback restricts the development of structures within 100 feet of the top of bank of the Willamette River, preserving the setback area as open space. The setback area and open space serve to protect, conserve, enhance and maintain the natural, scenic, historical, and recreational qualities of lands along the Willamette River. Additionally, the clear and objective standards included in the land use code amendments that accompany this Design Plan require a ten-foot landscape buffer between the housing development and the river. Additionally, the standards prohibit walls and fences within the Greenway Setback, require that fencing outside the setback be semi-transparent. Together, the open space preserved by the setback and the required native landscaping serve to create a protective buffer and a visual screen between housing developments and the river. The 100-foot Greenway Setback is consistent with the setback from the Willamette River included the City's adopted /WR Water Resources Protection Overlay Zone as a Goal 5 resource protection measure. The /WR Water Resources overlay zone assigns a conservation setback to the Willamette River, 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.). Within the conservation area, which includes the resource and the setback, the /WR Water Resources overlay zone restricts new development, removal of riparian vegetation, and other conflicting uses. The land use code amendments at EC 9.8812, which accompany this Design Plan, include provisions for permitted and prohibited uses in the Greenway Setback consistent with the permitted and prohibited uses allowed in the /WR Water Resources overlay zone. The land use code amendments which accompany this Design Plan restrict development of structures, removal of riparian vegetation, and other conflicting uses within the Greenway Setback. The Greenway Setback complies with Goal 15's requirement for maximum possible open space by allowing development of housing as contemplated by the Goal, separating that development from the river, and requiring the amount of open space between the development and the river that the City has already determined is protective of the Willamette River as a natural resource. The only properties not subject to the 100-foot setback are properties subject to the Willakenzie Area Plan or zoned S-DR Downtown Riverfront Special Area Zone or S-RP Riverfront Park Special Area Zone. The Greenway Setback applicable to those properties was set by the Willakenzie Area Plan or Eugene Code sections 9.3147 or 9.3715. Those land use regulations have been acknowledged by the Land Conservation and Development Commission; therefore, the provisions of those land use regulations, including their Greenway setbacks, have been determined by the Land Conservation and Development Commission to be in compliance with the statewide planning goals, including the requirements of Goal 15. The findings above show that, in concert with the administrative review procedure and clear and objective standards included in the land use code amendments that accompany this Design Plan, the Greenway Setback will, to the greatest possible degree, protect the qualities of the Willamette Greenway and provide the maximum possible landscaped area, open space or vegetation between the housing development and M WILLAMETTE RIVER GREENWAY CODE AMENDMENTS I CITY OF EUGENE 34 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN the Willamette River. OAR 660-015-0005 F.3(b)(2) Necessary public access will be provided to and along the river by appropriate legal means. The Design Plan demonstrates that in large part, due to acquisition and development of public lands along the Willamette River, necessary public access to and along the river already exists. However, where a housing development is located more than 500 feet from an existing access point, the land use code amendments that accompany this Design Plan require on-site pedestrian paths toward the river as well as a public access connection between the development site and existing public ways that provide a connection to or along the Willamette River, provided the City can make the required constitutional findings. As explained in the Design Plan, over the years, Lane County and the cities of Eugene and Springfield have cooperated in the development of a publicly owned and accessible bicycle and pedestrian trail system located in the Greenway that extends along both sides of the river and provides significant public access to and long the river within Eugene's city limits. According to Eugene's 2012 to 2032 Buildable Lands Inventory, 88% of the lands within the Greenway are devoted to special uses like parks, schools, government offices, cemeteries, and rights-of-way and therefore have no development or redevelopment potential. The City of Eugene owns 44% of the lands in the Greenway. The City of Eugene 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 that includes ten parks and two community centers within or adjacent to the Willamette Greenway, and 25.8 miles of paths. Public access is provided at all of these facilities unless otherwise restricted for security, safety, or temporary construction reasons. Design Plan Map 1.2 shows public access points to the Willamette Greenway, which are points where existing right-of- way intersects with multi-use path connections. The map shows 58 public access points to and along the river, six of which are bridges that include pedestrian facilities providing access across the river. The findings above demonstrate that significant public access to and along the river already exists within the Greenway. In addition, the clear and objective land use code amendments that accompany this Design Plan require housing developments consisting of five or more units and located on a development site that is more than 500 feet from one of the 58 access points shown on Design Plan Map 1.2, to provide on-site pedestrian paths connecting the housing to the property line closest to the river, and where the City can make the required constitutional findings, a public access connection between the development site and existing public ways that provide a connection to or along the Willamette River. The findings above show that, this Design Plan and the accompanying land use code amendments will, to the greatest possible degree, provide necessary public access to and along the Willamette River by appropriate legal means. This Design Plan and the accompanying clear and objective standards and administrative review procedure comply with the requirements of Goal 15. 4.3 CONCLUSION As discussed previously, Goal 15 includes a provision for an alternative review procedure as specified in subsections 3(a) through (e) of the goal. This provision allows for cities to prepare and adopt a Design Plan and administrative review procedure for development within the Greenway. The Design Plan must provide M WILLAMETTE RIVER GREENWAY CODE AMENDMENTS I CITY OF EUGENE 35 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN findings under the criteria, set out in 3(b)(1) and (2) of paragraph F, which are included in the preceding section along with findings of compliance. This document constitutes the Design Plan, 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. Consistent with Goal 15 requirements, the Design Plan functions as the foundational document for the new code provisions and new review procedure for housing development within the Greenway Boundary. M WILLAMETTE RIVER GREENWAY CODE AMENDMENTS I CITY OF EUGENE 36 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN APPENDIX A: FIELD INVESTIGATION 31 APPENDIX B: 2018 PARKS SYSTEM PLAN 44 APPENDIX C: 2018 WILLAMETTE RIVERFRONT ACCESS STUDY 45 APPENDIX D: GOAL 5 MAP 46 APPENDIX F: WG PERMIT HISTORY 47 WILLAMETTE RIVER GREENWAY CODE AMENDMENTS I CITY OF EUGENE 37 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN APPENDIX A. FIELD INVESTIGATION OVERVIEW This section discusses the methodology used to conduct the field investigation, the findings from the investigation, and the process used to establish mapped Willamette River top of bank JOB) and Willamette Greenway setback (WGS) lines as components of the updated regulations. METHODOLOGY 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. 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 Exhibit A to the Top of Bank Determination contains a map of the full extent of the Willamette Greenway boundary within Eugene and the location six test sites, as well as field map enlargements of each test site. Consultants collected GPS survey points in the field using a Trimble Geo7x centimeter kit comprised of a handheld rangefinder module connected to a Zephyr mobile antenna mounted to the top of a 6-foot tall surveyor's range pole. At least 12 Global Navigation Satellite System (GNSS) satellites were acquired for use by the handheld GPS unit prior to point collection. This method of collection provides a sub-centimeter radius of accuracy. The high level of accuracy of both LiDAR data and field collected GPS data is designed to rule out data collection and digital processing as contributing factors of error. Consultants collected field GPS points within the six sample sites along the Willamette River. Point Feature Data collected and filed on the GPS handheld was converted to ESRI shapefile format using the handheld internal Windows OS and Trimble's TerraSync application standard process. GIS compatible shapefiles (points) were then transferred to a memory card for processing in Autodesk Civil 3D 2021. GPS field point data was overlayed in Civil 3D with the mapped TOB line, previously generated using LiDAR data. The TOB line and field-collected points were then assessed at each test site for consistency. Where less than 1 meter of difference occurred on average, the mapped TOB line from LIDAR data is considered to be accurate to field conditions. For test sites where field-collected data points varied from the mapped TOB line greater than 1 meter of difference, the mapped TOB line was considered not accurate to field conditions and modified based on field conditions and GPS field point data. Primary methods used for M WILLAMETTE RIVER GREENWAY CODE AMENDMENTS I CITY OF EUGENE 38 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN verification and adjustments to the TOB line in response to field conditions include: • Aligning the TOB line exactly with the field-collected field data (points); or • Aligning the TOB line with the riverside edge of the bike path on sites where the bike path exists. Test sites were not selected to define the TOB line for the full corridor, but rather to verify the accuracy of the mapped TOB line generated using LiDAR data in GIS. Along most of the river corridor, LiDAR data indicates that TOB is consistent with the riverside shoulder of the bike path, where the path's edge abruptly changes from predominately horizontal to predominantly vertical. Additionally, consultants observed the bike path separating developed fill from a landform influenced by river hydrology and riparian flora and floodplain detritus. Using the riverside edge of bike path method as an adjustment where field-collected data points varied from the mapped TOB line, consultants applied a general offset, riverside, from the bike path GIS layer (line feature). Half the width of the standard bike path width was used as an offset, or --6 feet. This offset was used as the adjusted TOB line within areas with an unclear interpretation of LiDAR hillshade data. FINDINGS The field investigation of test sites was conducted on the morning of October 12, 2021. Weather conditions were partly cloudy, temperature of low 50 degrees, and no discernable precipitation. Following is a series of tables for each sample site including observations, supporting information, methodology to determine TOB line adjustment (if applicable), and findings. Table 2.1 Test Site No. 1 GPS Points Collected XX / XLF Satellites Acquired 20 Observations The test site is within an area frequently inundated by the water, containing scattered riparian tree canopy, mid-story vegetation like Salix sp. and landform character shaped by presence of water and riverine systems. Detritus, woody debris caried by water, and erosion observed along embankment adjacent to property line. Field observed TOB line is close to or about a meter from property lines of residential development to west. Unrelated to TOB, consultants observed bank erosion caused by foot traffic and deposits of yard debris. Findings Presence of erosion was not used to determine TOB field data point locations due to extent of foot traffic. Characteristics including deposition of woody debris deposited by water, water loving riparian vegetation and topography shaped by frequent movement of water used instead of data points. GPS points collected align with TOB line derived from GIS Hillshade data. The mapped TOB line is accurate, and no adjustments are proposed. M WILLAMETTE RIVER GREENWAY CODE AMENDMENTS I CITY OF EUGENE 39 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Table 2.2 Test Site No. 2 GPS Points Collected XX / XLF Satellites Acquired 16 Observations The test site is characterized by mounded topography between bike path and river channel. Openings between mounded topography appears to connect with water flow during flood or high flow events. Deposition of woody debris, cobbles, vegetation, and landform all appear to indicate the area east of bike path is part of the river system and below mapped TOB. Findings GPS field data points collected closely align with mapped TOB line derived from GIS Hillshade data. The mapped TOB line is accurate, and no adjustments are proposed. Table 2.3 Test Site No. 3 GPS Points Collected XX / XLF Satellites Acquired N/A Observations The bike path adjacent to test site is currently being realigned and is under construction. The area where Millrace outfalls to the river is severely incised. Riverine landforms and deposition of woody debris were observed. The riverbank appears scoured by flow of water. Findings Due to the clear and abrupt change in slope, represented accurately by the mapped TOB line, no GPS field data points were taken. The mapped TOB line is accurate, and no adjustments are M WILLAMETTE RIVER GREENWAY CODE AMENDMENTS I CITY OF EUGENE 40 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Table 2.4 Test Site No. 4 GPS Points Collected XX / XLF Satellites Acquired 13 Observations The TOB approximately follows riverside edge of bike path to the north and south of the test site. The extent of the sample site is identifiable by drop in elevation of terrain and evidence of topography shaped by water on landside area of bike path. Woody debris, river cobbles, pits of erosion near trees and dense shrub outcroppings suggests the area is frequently inundated by water. Anecdotal verbal information from a passing neighbor supports the bike path floods regularly at this location. The extent of the flooded area appears to end at the base, or part way up, an embankment of backfill upon which adjacent residential homes have been constructed. Findings Field observations support a finding that the TOB line is closer to the bottom of backfill embankment due to the existence of landforms shaped by presence of water and evidence of frequent flooding. The TOB line appears to be approximately several meters west of the property line of adjacent residential development. Methodology for adjustment to TOB line and, to be consistent with TOB location north and south of sample site, supports adjusting the line to a 6' riverside offset from center of bike path. Table 2.5 Test Site No. 5 GPS Points Collected XX / XLF Satellites Acquired 14 Observations The test site includes the existing boat launch. Due to visible erosion and clear visual evidence of land shaped by riverine systems and the presence of water, field-collected data supports a finding that the mapped TOB line is well defined along the riverside edge of bike path and breaks across the boat launch access where the slope of boat launch changes abruptly. Findings The mapped TOB line and observed TOB in the field closely align with GIS Hillshade data originally used to determine the mapped TOB line. The mapped TOB line is accurate, and no adjustments are Drooosed. M WILLAMETTE RIVER GREENWAY CODE AMENDMENTS I CITY OF EUGENi 41 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Table 2.6 Test Site No. 6 GPS Points Collected XX / XLF Satellites Acquired 12 Observations The test site is dense with tree canopy and understory vegetation on either side of the bike and extending down to the riverbank, which is mostly gravel bar and exposed bedrock at low flow. Topography and vegetation indicate a drainage extending north, where the mapped TOB was shown to include. Visual evidence of seasonal flooding in the area. The drainage feature extending north appears to be a feature distinct from the river channel. The field observed TOB line generally follows riverside edge of bike path east and west of test site. Findings Due to dense vegetation, minimal GPS field data points were recovered. Vegetation, although riparian, appears to be associated with a distict drainage feature that intersects with the river corridor. Applying methodology for adjustments, mapped TOB line is adjusted to a 6' riverside offset from bike path and extending along bike path east and west until joining with TOB line clearlv established from GIS Hillshade data. Map 2.1 displays the test site locations and adjusted TOB line, following the field investigation, in relation to the Willamette River Greenway boundary, tax lots, and City Limits boundary. The map also displays the proposed Willamette River Greenway setback line, which is discussed in the Willamette Greenway Established Setbacks document. M WILLAMETTE RIVER GREENWAY CODE AMENDMENTS I CITY OF EUGENI 42 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Map 2.1 Willamette River Greenway Test Sites EXHIBIT OVERALL WGS MAP p WRG Boundary Q Sample site Top WG CODE AMENDMENTS WRG S Bank Line Q Setback Line WILLAMETTE RIVER GREENWAY CODE AMENDMENTS CITY OF EUGi_ 43 BRA T WILLAMETTE RIVER GREENWAY DESIGN PLAN Map 2.1 Field Investigation Map Willamette River Greenway Base Map - WILLAMETTE RIVER GREENWAY CODE AMENDMENTS Test Site: Full Extent Legend O UGB TOB 100ft Setback 17-1 WRG Boundary City Limits Bikeways AG C-1 C-2 C-3 E-1 E-2 GO 1-2 1-3 NR PL PRO R-1 R-1.5 R-2 R-3 R-4 S-H SAZ N 0 2,200 4,400 8,800 Ft 44 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Map 2.1 Field Investigation Map 9 Test Site: W1 Hatton - i - I i 1 - ,J a Willamette River Greenway Base Map - WILLAMETTE RIVER GREENWAY CODE AMENDMENTS - Legend O UGB TOB 100ft Setback WRG Boundary City Limits Bikeways AG C-1 C-2 C-3 E-1 E-2 GO 1-2 1-3 NR PL PRO R-1 R-1.5 R-2 R-3 R-4 S-H SAZ N A 0 75 150 300 Ft 45 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Map 2.1 Field Investigation Map I Willamette River Greenway Base Map - WILLAMETTE RIVER GREENWAY CODE AMENDMENTS C'i?Y O L=iIGf_L;[ o Test Site: W2 Briarcliff Legend O UGB TOB 100ft Setback 17-1 WRG Boundary City Limits Bikeways AG C-1 C-2 C-3 E-1 E-2 GO 1-2 1-3 NR PL PRO R-1 R-1.5 R-2 R-3 R-4 S-H SAZ N A 0 75 150 300 Ft 46 BRA T WILLAMETTE RIVER GREENWAY DESIGN PLAN Map 2.1 Field Investigation Map Willamette River Greenway Base Map - WILLAMETTE RIVER GREENWAY CODE AMENDMENTS Test Site: W3 Millrace Legend O UGB TOB 100ft Setback 17-1 WRG Boundary City Limits Bikeways AG C-1 C-2 C-3 E-1 E-2 GO 1-2 1-3 NR PL PRO R-1 R-1.5 R-2 R-3 R-4 S-H SAZ N 0 75 150 300 Ft 47 BRA T WILLAMETTE RIVER GREENWAY DESIGN PLAN Map 2.1 Field Investigation Map .d 9 Willamette River Greenway Base Map - WILLAMETTE RIVER GREENWAY CODE AMENDMENTS Test Site: E1 Riverplace Legend O UGB TOB 100ft Setback 17-1 WRG Boundary City Limits Bikeways AG C-1 C-2 C-3 E-1 E-2 GO 1-2 1-3 NR PL PRO R-1 R-1.5 R-2 R-3 R-4 S-H SAZ N 0 75 150 300 Ft 48 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Map 2.1 Field Investigation Map .d 9 Willamette River Greenway Base Map - WILLAMETTE RIVER GREENWAY CODE AMENDMENTS Test Site: E2 VRC Legend O UGB TOB 100ft Setback 17-1 WRG Boundary City Limits Bikeways AG C-1 C-2 C-3 E-1 E-2 GO 1-2 1-3 NR PL PRO R-1 R-1.5 R-2 R-3 R-4 S-H SAZ N A 0 75 150 300 Ft 49 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN Map 2.1 Field Investigation Map .el Test Site: E3 Frohnmeyer N Willamette River Greenway Base Map A Legend O UGB TOB 100ft Setback 17-1 WRG Boundary City Limits Bikeways AG C-1 C-2 C-3 E-1 E-2 GO 1-2 1-3 NR PL PRO R-1 R-1.5 R-2 R-3 R-4 S-H SAZ 0 75 150 300 Ft WILLAMETTE RIVER GREENWAY CODE AMENDMENTS CITY OF EUGi_ 50 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN 1 APPENDIX B. 2018 PARKS SYSTEM PLAN EXISTING SYSTEM MAP Existing System Map HILEMANIf AWBREY 1 WENDOVER ° M 5. MEAD( WS d SANTA Phl . .P Irvington Rd. CLARA O ~P 1 R// O P WHITELY Fj ARROWHEAD TERRA LANDING O 4 LINDA ARMITAGE BOBOLINK FERNDALE Irving Rd. CREEKSIDE LONE 2a RUBY OAK GILHAM Road CREEK O GOLDEN STRIKER GARDENS BRAMBLEWOOD CD O FIELD CRESCENT MANGAN 8eltline w STATE O NORTH BELTLINE STREET IRWIN m O O Emerald CC 2 FLOODWAY WALNUT Emeroltl (RRPRD') WEST EAST WILDWOOD BREWER o Road O O O Echo GROVE Pool BANK BANK Sheldon Hallow FIR (RRPRD'f ROSE TTA SHELDON O Pool BfTH SHASTA 6 Peel EM ERALO PLACE BLANEE SPORTS OO WILLANENZIE BUTTE BALLFIELDS O DELTA PAR COMMUNITY PONDS O O O Cal Young Rd. O Sh CC n DRAGONFLY O ■ BEND GILLESPIE RANDY PETERSEN RASOR BUTTE TURN RN O Royal AVe. O CANDLELIGHT ASCOT GRASSHOPPER ANDREA O TRAINSONG O ORTI2 Petersen O MEADOWS Barn CC GILBERT OAKMONT MAURIE J LARK JACOBS JACOBS River r'✓///Q~ SORREL COUNTRY DANEaO HouseO P(~e POND NE POND H OW EN 105/126 SLADOEN ROSE C o+ GARDEN SKINNER SCOBERT BUTT y, WALLIS s GARDENS PARK O SPRINGFIELD HARCH ASEE f ALTON g/IwaPVZ6 NOLAN m ~ ~ WIEfFER50NN Co 11Lell BAKER M 6th Ave. BAKER jow Tth Ave. PARK MONROE PARK Amazon 11th A- MILK BLOCKS Whllomu[ l0. Natural LINCOLN McNLEY AreP MATTIE GUOUKUT SCHOOL REYNOLDS HOUSE BE0.KlEY WEST FRANKLIN River ACORN O UNIVERSITY FAIRMOUNT WILLOW IEFFER50N CHARNEL PflEFONTAINE CORNER O 1111 Ave WESTMORELAND MULLIGAN MEMORIAL - TOW O H COLLEGE O -5 L /Coleman CC O WOODS DS HEIGHTS IGHTS V HILL WASHRURNE O RESERVOIR UNIVERSITYO HENDRICKS WARBLING PARK MELVIN CREEK AMAZON ~111dld CC MOON MILLER FRIENDLY PARK Pool MOUNTAIN Amazon MUR 5KYVDW O Amozan CC LAUREL HILL HIL VIDERA E WAYNE O IAURELWOOD MORSE CORYELL FAAMR LILY MILTON RIDGE CREST GIMPL HEIGHTS 4 WILD LAFFERTY RIDGE IRIS GLEN OAK l0 O BLOOMBERG RIDGE WILLIS TUGMAN GIMPL BAILEY O BDrhgPe HILL LORANE KINCAID RIDGE CONNECTOR m Legend _r ° BLANiON O SHADOW Existing City Owned Parks RIDGE 3 EDGEWOOD WOOD MOUNT O Existing Public Community Center SOUTH o FRANK BALDY O Existing Public Aquatic Facility (pool) EUGENE KINNEY MEADOWS Other Parks and Conservation Lands (public or other) SUZANNE ARLIE Recreational Facility on School Property PARK AMAZON o School Facilities HEADWATERS 0 Eugene Urban Growth Boundary N SPENCER BUTTE PARK 0 1/2 1 Mile W E Scale January 2018 8 - WILLAMETTE RIVER GREENWAY CODE AMENDMENTS 1 CITY OF EUGENE 51 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN A APPENDIX C. 2018 WILLAMETTE RIVERFRONT ACCESS STUDY SYSTEM MAP Figure ES-1. System-wide Concept Plan rIAP, KEY V F~ 14CA,T1O .ems, .,r 1&n! e vii IF _ ~ ~ c u7'r~ ~.•Me A ..l~ATAr'i3G~ k 7 a.frMnir, w •n mm A r Erkcx EQMDM ~ 0 ' 0 " ii0m • o-.RW - G a 1104 CAME RCN SYSTEM .P WILLAMETTE R IVERFRONT ACCESS STUDY rry,~ 0 I Inch = O.S mails 0 0.25. 0.5 1 .rni F Willamette Riverfront Access Study DRAFT Final Report. 2018 ES3 WILLAMETTE RIVER GREENWAY CODE AMENDMENTS -Y 0 FUC1L t, 52 DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN APPENDIX D. GOAL 5 MAP ~ ~Na : 1 - J L t VJ V{\D 1 i " i~ ...E J 1 I~~1®F 7T ) - t , - - Legend ' ;Eugene Urban Growth Boundary Riparian and Upland Wildlife Habitat Sites Wl 3.. ! - Eu ene Cit L nnts Designated for protection '100 setback (category A) i rm . g y , IL , / West Eugene Wetlands Boundary Designated for protection, 60 setback (Category B) Tax Lots Designated for protection, 40' setback (Category C) ` ICI Non-Goal 5 streams Designated for protection 20 setback (Category D) Designated for protection, no setback (Category E) _ N n d f r r n t d i t t ti i-.__....-.- ' - - p o es g a e o o ec o Wetland Sites Designated far protection, 60 setback (Category A) V////// - - _ ` 9 y it rr, , ua ry 1 20 - --on y e Designated for protection, 25 setback (Category B) for protection, no setback (Category C) as n 12 200. Designated (LLI~/~~ _ / NOt for protect on designated - Adopted* Protection Designations for the E G l 5 W tl d Ri i d ugene oa e an , par an an November 14, 2005 Upland Wildlife Habitat Inventories Miee E Pl i Di i i ugene ann ng v s on o atsos os os 1.2 WILLAMETTE RIVER GREENWAY CODE AMENDMENTS CITY OF EUGE• 1 53