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AGENDA
Meeting Location:
Virtual Meeting (Via Zoom)
The Eugene Planning Commission welcomes your interest in these agenda items. Meetings
will continue to be held remotely using virtual meeting technology until further notice.
Information about online or other options for access and participation is available on the last
page of this agenda.
For the hearing impaired, assistive-listening devices or an interpreter can be provided with 72-
hour notice prior to the meeting. Spanish-language interpretation may also be provided with
72-hour notice. These services may not be available during the Planning Commission meeting
based on service availability but may occur as a follow up service. To arrange for these
services, contact the Planning Division at 541-682-5675.
TUESDAY, June 14, 2022 - Regular Meeting 5:30 pm - 7:30 pm
Commissioners: Ken Beeson (Chair); Diane Behling; Tiffany Edwards; Lisa Fragala; Dan
Isaacson (Vice Chair); Chris Ramey
A. PUBLIC COMMENT
The Planning Commission reserves 10 minutes at the beginning of this meeting for public
comment. The public may comment on any matter, except for items scheduled for public
hearing or public hearing items for which the record has already closed. Generally, the
time limit for public comment is three minutes; however, the Planning commission
reserves the option to reduce the time allowed each speaker based on the number of
people requesting to speak.
B. WORK SESSION: WILLAMETTE GREENWAY CODE AMENDMENTS (CA 22-1)
Work Session on proposed land use code amendments for a set of clear and objective
standards for the review of housing development within the Willamette River Greenway.
Staff: Gabe Flock, 541-682-5697, GFlock eugene-or.gov
C. ITEMS FROM COMMISSION AND STAFF
1. Other Items from Staff
2. Other Items from Commission
3. Learning: How are we doing
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AGENDA ITEM SUMMARY
June 14, 2022
To: Eugene Planning Commission
From: Gabe Flock, Principal Planner & Project Manager
Subject: Work Session on Willamette River Greenway Code Amendments
(City File: CA 22-1)
ACTION REQUESTED
At this work session, Planning Commission will resume the process of considering proposed
land use code amendments that would create new set of clear and objective standards for the
review of proposed housing within the Willamette River Greenway. Staff will present Planning
Commission with information responding to Commissioner questions; provide an update on
additional work that has occurred since the initial public hearing, including updates on staff's
current thinking about process and key topic areas; and request Commission input and
direction on next steps.
BACKGROUND
The primary purpose of the Willamette River Greenway Code Amendments project is to update
Eugene's Willamette Greenway permit approval process to provide a set of clear and objective
approval criteria for the review of housing development within the Greenway. Several key
components of the new clear and objective approval criteria are proposed to ensure that
housing development within the Greenway will continue to be reviewed for consistency with
the requirements of Statewide Planning Goal 15, and will comply with the "clear and objective"
requirements of ORS 197.307. These key components, which were included in the draft code
and were discussed at the initial public hearing, are briefly summarized below:
• Proposed Greenway Setback generally 100 feet from top-of-bank along the river,
subject to exceptions for developed residential properties and existing adopted
Greenway setbacks in certain areas.
• Limit on Maximum Length of Building Facades of 80 feet, when the facade is located
within 40 feet of the Greenway setback line.
• Native Landscaping Buffering to require a 10-foot wide native landscape buffer along
the development side of the setback line, with a combination of low screen shrubs and
canopy trees required every 30 feet
• Limitations on Walls and Fencing within and near the proposed setback to help protect
views to and from the river.
• Limitations on Parking and Vehicle Use Areas between new buildings and the
Greenway setback line.
• Pedestrian Access Standards including required on-site pedestrian paths and public
access connections toward the river.
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In short, the goal of the proposed code amendments is to provide a relatively simple but
effective means of addressing the requirements of Goal 15 for proposed housing within the
Greenway. The intended scope of the changes is limited but definitive; to help reduce barriers
to housing development, meet the City's obligations under State law, and maintain a balanced
approach to protecting the river as one of Eugene's most valuable natural resources.
The proposed amendments will not change the existing Willamette Greenway Boundary (that
is, the proposed amendments will not add or remove any lands within the formal boundary
where Greenway regulations apply, as adopted and in place since the mid-1970's). As
proposed, the regulations will only apply to the review of proposed housing on lands within the
existing Willamette River Greenway Boundary that are zoned and designated for those uses and
types of development - but subject to review and approval under the Willamette Greenway
Permit process.
Project Update
Planning Commission held the initial public hearing for proposed Willamette Greenway Code
Amendments on March 8, 2022. The March 8t" public hearing packet includes a detailed
summary of the proposed amendments, project background, related maps and other materials
which can be found here. Six individuals provided testimony at the hearing, and the Planning
Commission record was held open for one week to allow additional testimony, which has
previously been provided to the Commission. All written testimony submitted to date can also
be found on the City's project website here. Commissioners also asked a variety of questions
which have been addressed with additional information organized under general topic
headings, included as Attachment A.
After reviewing the public testimony submitted, and through the process of responding to
Commissioner's questions, staff recognized the need to pause the process to take additional
time to review the various components of the project and to consider potentially necessary
revisions to the draft code. The need for this pause was not a complete surprise, given that
Eugene is the first jurisdiction in the State to attempt creating a Design Plan and clear and
objective standards for housing development within the Greenway. During this time, staff has
coordinated with legal counsel and staff at the Department of Land Conservation and
Development (DLCD) and Oregon Parks and Recreation Department (OPRD), to gain a better
understanding of the State's approval process following local adoption. As a result of the
additional research and response to issues raised about the initial approval process, the project
team would like to discuss several key topic areas with the Commission. Staff anticipates that
those discussions will likely lead revisions to the draft code. The information in Attachment A
provides a starting point for input on a revised version of draft code. For ease of reference, the
current draft code amendments and Design Plan are also included as Attachments B and C.
In terms of process, staff recommends that Planning Commission re-open the record at this
meeting and direct staff to schedule a new public hearing to allow for more public input on any
revisions to the proposed draft code prior to Planning Commission's deliberations and
recommendation on the adoption package.
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Key Proposed Changes & Topics for Consideration
In addition to general information provided in response to Commissioner questions following
the initial public hearing, Attachment A includes several topics that staff is requesting Planning
Commission input on before proceeding with making revisions in advance of a new public
hearing and deliberations. Below is a brief summary of a few key focus areas and topics for
discussion at this work session:
Relationship Between Statewide Planning Goal 5 & Goal 15 Requirements
The draft code includes several provisions which staff reviewed closely for compliance with the
existing Goal 5 regulations and the Goal 15 requirements that need to be met for this project.
As noted in the attached materials, considerable effort has been made to integrate the existing
Goal 5 regulations (from the /WR Water Resources Conservation Overlay Zone) into the
proposed new Greenway standards, which revealed the need for several potential changes that
are discussed in Attachment A. These changes have resulted in a change to staff's
recommendation to rely on only the footprint of "prior developed areas," similar to existing /WR
overlay zone provisions, rather than excluding entire residentially developed lots from the
Greenway setback. Staff also closely reviewed the proposed Greenway setback mapping and
methodology in light of comments received requesting an additional option to allow applicants
to provide a licensed survey of the Greenway setback to ensure accuracy on the ground on a
case-by-case basis.
Willamette Greenway Permit Procedures - Type II vs Type III Review Process
The draft code amendments currently propose utilizing a Type II process (written comment
accepted, initial decision by the Planning Director without a public hearing, and a local appeal
to the Hearings Official) for clear and objective track Willamette Greenway Permit applications.
General (subjective) track Willamette Greenway Permit applications will continue to be
processed utilizing a Type III process (with a public hearing and initial decision by the Hearings
Official and a local appeal to the Planning Commission). The initial recommendation for a Type
II process for clear and objective track applications was based on language in Goal 15 that
allows for decisions on Greenway permits to be made without a public hearing if the City
adopts an administrative review procedure and Design Plan which are approved by the Land
Conservation and Development Commission (LCDC) and the Oregon Department of
Transportation (ODOT).
City staff consulted with staff at the Department of Land Conservation and Development
(DLCD) as well as Oregon Parks and Recreation Department (OPRD) staff, to try to understand
the procedure that would be required for adoption of the City's administrative review
procedure and Design Plan by LCDC and ODOT. The upshot of those discussions is that, to the
best of everyone's knowledge, LCDC has never adopted an administrative review procedure
and Design Plan before, so there is no accepted process to do so. Additionally, although Goal
15 references approval by ODOT, that is likely because at the time of adoption of the Goal,
ORPD was housed within the ODOT. Now OPRD is its own agency with authority over the
Greenway, which adds another layer of complexity. DLCD staff did suggest that the City, LCDC
and OPRD could use the existing process in the Oregon Administrative Rules (OAR) for making a
change to the Greenway Boundary in order to approve the proposed administrative review
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procedure and Design Plan. However, City staff is not sure that process is a good fit since the
proposed amendments do not include adoption of any changes to Eugene's Willamette
Greenway Boundary which is the purpose and focus of the OAR process suggested by DLCD
staff. If the clear and objective track applications for Willamette Greenway Permits are treated
as Type III applications and include a public hearing, none of the extra state adoption
procedures are required. The City would only need to follow its regular land use code
amendment process and thereby avoid this uncertainty and added complexity to the adoption
process.
The main benefit of the administrative review procedure and Design Plan would be to allow
clear and objective track Willamette Greenway Permits to proceed through a Type II land use
application process and forgo an initial public hearing that would otherwise be required under
Type III procedures. Staff's original thinking was that the Type II process could help remove
barriers to the construction of housing. However, staff is now recommending that clear and
objective track Willamette Greenway Permits be processed as Type III applications, including a
public hearing. This new recommendation is based on significant public testimony requesting
more of an opportunity for public input on clear and objective track Willamette Greenway
Permits, consistency with other adopted clear and objective track application types, and the
complexities of the state adoption process.
Both application types are subject to the same timeline under State law for a final local decision
(within 120 days of a complete application), and staff believes that the clear and objective
standards themselves will still reduce barriers to the construction of housing within the
Greenway, even in the context of a Type III application process. Staff recognizes that this is a
big change to the previous recommendation and looks forward to discussing it with the
Commission and receiving input on the proposed change from the Commission and the public.
Parking & Vehicle Use Areas
The draft code currently includes an approval criterion (see draft code at EC 9.8814(3)(d)) that
prohibits parking and other vehicle use areas between any building and the Greenway setback.
Staff reviewed the standard against other similar base zone and special area zone parking
orientation requirements and found potential conflicts with existing standards that prohibit
parking and vehicle use areas between buildings and the adjacent street, as opposed to being
between buildings and the river. Staff is now recommending that this standard be deleted from
the proposed code.
Native Landscagin2 Buffer
The proposed native landscape buffer requirements along the Greenway setback (see draft
code at EC 9.8814(3)(a)) function to increase the minimum interior yard setback from 5 feet to
10 feet and to ensure that the area is planted with native plantings that will mature to provide
a robust visual buffer between development and the river. Front and interior yard setback
requirements elsewhere in the code generally range in width from 0 feet to 15 feet. The
current Residential Zone Development Standards at EC 9.2750 for all zones (R-1, R-2, R-3, R-4),
require a minimum interior yard setback of 5 feet and no required plantings. The width and
required plantings in the buffer area could be revised based on public input, however staff
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recommends keeping the required native landscape buffer at 10 feet based on the available
information at this time.
Public/Pedestrian Access
The draft code contains approval criteria that address on-site pedestrian access and public
access to the river. Proposed on-site circulation access standards are designed to be consistent
with the recently passed Middle Housing code amendments which trigger the additional
pedestrian circulation standards at a threshold of five dwelling units or more. The draft code
also includes a standard that requires a public access connection when a development site is
not within 500 feet of a mapped public access point. The intent of this standard is to promote
public access connection spacing along the Greenway that is not more than the length of a
standard block. Taken together with the map of existing public access connections included in
the Design Plan, these standards work together to provide a clear and objective means of
addressing public access. At the work session, staff will revisit this topic and request input from
the Commission about potential changes to these standards based on additional public input.
Tree Preservation
In response to public testimony received as part of the Greenway code adoption process, and in
recognition of the high degree of community interest in the topic of tree preservation, staff
would also like to present some additional information and request Planning Commission input
on tree preservation in the Greenway based on the tree preservation standards included in the
"Clear & Objective" code amendments. The "Clear & Objective" code amendments represent a
significant amount of additional, careful consideration of the need for better clear and
objective tree preservation standards for a variety of land use application types such as Planned
Unit Developments, Subdivisions and Site Reviews. They also reflect policy choices that relate
to the level of tree protection versus mitigation for tree removals, balancing the overall interest
in removing barriers to new housing, and where the regulations should apply. For these
reasons, the Clear and Objective Ordinance provisions (see Ord. 20647 beginning at EC
9.6885(2)) appear to be a good starting point for considering whether not to further revise the
draft code to add tree preservation standards to the approval criteria for clear and objective
track Willamette Greenway Permits. Note that the Clear & Objective ordinance was appealed
and is not currently in effect.
For purposes of discussion at the work session, staff will provide relevant information from the
Clear & Objective Ordinance (Ord. 20647) and present some possible concepts for how those
standards may be incorporated into the clear and objective Willamette Greenway Code
Amendments.
NEXT STEPS
As noted in prior materials for this project, the proposed land use code amendments are
subject to Type V application (legislative) procedures (EC 9.7500 through EC 9.7560), as well as
the approval criteria in EC 9.8065. Planning Commission held the legally required initial public
hearing on March 8, 2022 with an additional one-week open record period. At this juncture,
staff recommends that the Commission re-open the Planning Commission record and direct
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staff to schedule a new public hearing, to allow for additional public input and refinement of
the draft code.
After the second public hearing, the Planning Commission would resume deliberations as
subsequent meetings and forward a recommendation to the City Council. The City Council will
then hold its own public hearing and deliberations before taking final action on the proposed
amendments.
POTENTIAL MOTION
Move to reopen the Planning Commission record to accept written testimony on the proposed
Willamette Greenway Code Amendments (City File # CA 22-1) and to direct staff to schedule a
second Planning Commission public hearing on the proposed amendments.
ATTACHMENTS
A. Post-Hearing Supplemental Information
B. Draft Code Amendments
C. Draft Design Plan
FOR MORE INFORMATION
More information regarding the Willamette River Greenway Code Amendment project can be
found here: https://www.eugene-or.gov/764/Land-Use-Code-Amendments, or by contacting
staff directly:
Gabe Flock, Principal Planner & Project Manager
Telephone: (541) 682-5697
Staff E-Mail: gflock@eugene-or.gov
Page 8 of 91
Attachment A
Post-Hearing Supplemental Information:
Willamette Greenway Code Amendments (CA 22-1)
Why These Code Amendments and Why Now
Commissioner Ramey and others have asked about the timing and impetus for the proposed Willamette
River Greenway code amendments. The proposed land use code amendments are a proactive and
voluntary local approach to resolving a conflict between the inherently subjective requirements of
Statewide Planning Goal 15, and State law requiring clear and objective standards for the review of
proposed housing development. This need for a clear and objective Willamette Greenway permit review
process initially arose with the 2017 passage of Senate Bill 1051. The competing subjective requirements
of Goal 15, and the clear and objective requirements under ORS 197.307(4) (as amended by Senate Bill
1051), have created a legal conundrum for cities like Eugene with land located within the Greenway
which the proposed amendments seek to resolve.
The City's effort to resolve this conflict at the local level is one that was beyond the scope of the recent
"Clear & Objective" code amendments adopted in 2021. This process to amend the Willamette
Greenway permitting regulations represents the best near-term opportunity to pursue the desired
outcome as a follow-up component of that larger overall adoption package, given limited staff resources
and competing interests for other high-priority work plan items. The scope of the amendments is
therefore intentionally narrow compared to both recently adopted packages for the Clear & Objective
and Middle Housing code amendments, by focusing on only one of the various land use application
types (Willamette Greenway Permits), and given its limited geographic scope to lands within the
Greenway, as opposed to having City-wide applicability.
By adopting the proposed two-track system for Willamette Greenway Permits the intent is to create a
balanced approach to meeting the requirements of Goal 15 while also creating a new clear and objective
path for the review and approval of housing development. In addition, the proposed amendments will
improve consistency among the various clear and objective track land use application types for the
review of proposed housing. For more background and detail on this topic, and the dilemma the
proposed amendments seek to resolve, please refer to the introduction section in the supporting Design
Plan (see pages 5-8).
Where the Code Amendments Apply
The supporting Design Plan (see pages 20-21) also includes information on land area and ownership in
the Willamette Greenway Boundary within the Eugene UGB. In total, there are 1,782 acres of land
within the Willamette Greenway Boundary. Of this total, 1,569 acres (88%) are public lands that are
devoted to special uses like parks, schools, government offices, cemeteries, and rights-of-way that are
assumed for purposes of the City's adopted buildable lands inventory to have no development or
redevelopment potential. The remaining 213 acres (12%) are privately owned lands. Commissioner
Beeson inquired about the zoning, development status, and residential category of privately owned lots
and, specifically, the number of lots affected by the proposed setback. A more detailed summary and
supplemental maps of this information are forthcoming and will be provided for the work session.
How the Proposed Setback is Established
As discussed in the supporting Design Plan (see page 30), staff recommends the establishment of a
Greenway setback of 100 feet as measured horizontally from the top of bank with two exceptions:
Lots zoned residential and already developed with housing were excluded entirely from the
proposed Greenway setback in some areas.
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• Previously established Greenway setbacks in the Willakenzie Area Plan, S-DR Downtown
Riverfront (EC 9.3147), and S-RP Riverfront Research Park (EC 9.3715) were used as the setback
for areas zoned S-DR or S-RP or located within the Willakenzie Area Plan.
Staff now recommends deletion of the exclusion for entire lots zoned residential and already developed
with housing from the proposed Greenway setback (see first bullet above). Upon further reflection, staff
has determined that the exclusion of entire lots does not appear to be supported by the requirements of
Goal 15 and may in fact conflict with the existing Goal 5 regulations of the /WR Water Resources
Conservation overlay zone in some cases. As a result, staff recommends revising the draft code and will
bring back future recommendations for exceptions from the setback, if any. Possible recommended
exceptions may include those areas that can be demonstrated to be prior developed (i.e. only the
footprint of qualifying, existing development), isolated from the river by an existing street, or authorized
under certain prior land use approvals - similar to the exceptions allowed for prior developed areas in the
/WR overlay zone.
Staff proposes adopting the Greenway setback and top of bank (TOB) lines as Geographic Information
Systems or Geographic Information Science (GIS) data layers to map and codify the boundaries of the
setback. The methodology for determining the TOB line for the purposes of applying the Greenway
setback is discussed in greater detail as part of the Design Plan (Section 2.0 Top of Bank Determination,
beginning on page 22). The City uses and maintains GIS data for mapping and analysis purposes, among
other reasons, as do most other jurisdictions. As has been done with the proposed Greenway setback
mapping, the intent is the make the data interactive, publicly available, and downloadable for applicant,
consultant and public use in development proposals so that it is as user-friendly as possible in regular
practice. GIS data layers can then be imported and georeferenced for the purposes of creating site plans
on a lot-by-lot basis, which is standard in most architecture and engineering software platforms. In
addition, in response to concerns raised in public testimony, staff is considering a proposed draft code
revision that would add an additional standard to allow applicants to provide a licensed survey of the
Greenway setback instead of applying the GIS layer to their site plan, or some other similar clear and
objective means to allow for clarity and accuracy in establishing the precise Greenway setback on
individual properties. Pending further discussion and refinement, this change may be included in the
revised draft code presented for additional public input.
RELATIONSHIP BETWEEN GOAL 5, GOAL 15, AND FLOODPLAIN REGULATIONS
Commissioner Edwards requested additional information about the relationship between various sets of
different regulations that apply along lands near the Willamette River, as well as how other jurisdictions
handle their permitting processes compared to Eugene. A summary of that additional information is
provided below.
Goal 5 and Goal 15 Requirements
Goal 5 and Goal 15 are broad Statewide Planning Goals. Goal 5 covers more than a dozen resources
including wildlife habitat, historic places, and gravel mines. Local governments are asked to take
inventories of Goal 5 resources, assess resource sites and implement protection measures for significant
sites. The City's Goal 5 inventory includes significant riparian areas, wetlands, and other water-related
wildlife habitat areas that are protected by the /WR Water Resource Conservation Overlay Zone. The
/WR overlay regulations protect significant riparian and upland wildlife habitat sites and wetland sites
from development or impacts that would otherwise damage the integrity of the resource. Most
development is prohibited within resource sites and their associated conservation areas. Only select
types of development and uses are permitted in /WR conservation areas subject to Type II Standards
Review (Planning Director approval), such as bike paths, park amenities and other public improvements.
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Habitat enhancement and riparian restoration activities are also favored under these /WR overlay
regulations and typically required to offset impacted areas as part of Standards Review approval.
Goal 15 is focused on the Willamette Greenway and only applies to cities and counties with land along
the river. Cities and counties are required to adopt local Greenway plans, along with criteria for new
development, new uses, and the intensification of uses within the Greenway. The City implements Goal
15 through existing provisions in EC 9.8800 through 9.8825 which establish compatibility review
procedures that are designed to protect, conserve, enhance, and maintain the natural, scenic, historical,
agricultural, economic, and recreational qualities of lands along the river, as required under Goal 15.
This does not mean that development in the Greenway is prohibited; rather, it means that property
within the Greenway Boundary is subject to special review procedures and a public hearing process
which address the compatibility of development that is otherwise allowed according to existing zoning
and plan designations within the Greenway. New development is currently subject to Type III
Willamette Greenway Permit review procedures, including a public hearing.
Floodplain Requirements
Floodplain regulations stem from Federal Emergency Management Agency (FEMA) requirements as
administered by local agencies. The City requires a floodplain development permit for all development
within the floodplain. Floodplain development permit review is administered through building permit
review and is not a land use decision. Development within the Willamette Greenway and /WR
conservation areas require land use review and approval, if permitted.
Development is generally allowed in the floodplain (but not the "floodway" which is more narrowly
defined close to the channel banks) subject to additional standards for Special Flood Hazard Areas.
Eugene's land use code has provisions regulating development in these areas as mapped according to
the FEMA. See EC 9.6705-9.6709. In short, those regulations impose additional requirements such as
building the lowest floor to a height at or above the "Base Flood Elevation" and other design
requirements intended to minimize damage to infrastructure and buildings within the floodplain and
help protect human life and health more generally. Design requirements include special provisions for
anchoring, construction materials and methods, and required openings to allow for water flow below
the required first floor elevation.
Staff has not conducted any detailed analysis of the comparison of those boundaries to that of the
Willamette Greenway (Goal 15) or the protected resources within the /WR Water Resource overlay zone
(Goal 5), since the applicability of Special Flood Hazard Area regulations is based on a different and more
specific purpose and intent. The purpose of flood regulations is "to promote the public health, safety
and general welfare, and to minimize public and private losses due to flood conditions in specific areas,"
while the purpose of the /WR overlay zone and the Willamette Greenway regulations is the protection
of natural resources such as wetlands and riparian areas or the scenic qualities of lands along the river.
How Other Communities Administer the Requirements
Staff has completed some comparative review looking at how other southern Willamette Valley
communities (Springfield, Corvallis, and Salem) administer Willamette River Greenway and Floodplain
Development regulations, as shown below in Table 1. The review includes the mechanism for applying
the regulations (zoning or building permits), review process, and decision-making authority. The
communities surveyed review development proposals for compatibility with the Willamette River
Greenway using quasi-judicial (Type III) procedures with the Hearing's Official or Planning Commission
acting as the decision-making authority. Springfield and Salem use Type II (Planning Director approval)
procedures for some limited and specific types of development proposals in conjunction with a
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Greenway setback, as discussed below. All communities surveyed review floodplain development using
ministerial review procedures and decisions made at the staff level along with building permits, not as
land use decisions.
The Springfield Development Code (SDC) contains provisions for the establishment of a Greenway
setback line and the review of development within that setback using a Type II review procedures. The
SDC requires the establishment of a Greenway setback line as part of any request for development
approval with the Greenway Overlay District, which corresponds to the Metro Plan's Greenway
boundary. The location of the Greenway setback line is determined by an applicant using standards
derived from Section C.3 of the Willamette River Greenway Goal 15. Uses within the Greenway setback
are limited to only water-dependent or water-related uses and may be permitted using a Type II Site
Plan Review process.
The Salem Revised Code (SRC) contains two types of permits for development within the Willamette
Greenway, which is divided into two areas consisting of a Compatibility Review Boundary and the area
outside that boundary but within the Willamette Greenway Overlay Zone Boundary. The Compatibility
Review Boundary is defined as the area within 150 feet of the ordinary low water line of the Willamette
River. A Class 1 (Type II) permit is required for any development or change of outside the Compatibility
Review Boundary. A Class 2 (Type III) permit is required for any development or change of use within
the Compatibility Review Boundary.
Table 1. Willamette River Greenway and Floodplain Development Review in Comparable Willamette
Valley Communities
CITY
ZONING
REVIEW PROCESS
DECISION AUTHORITY
Willamette River Greenway
Eugene
Permit
Quasi-Judicial:
Hearings Official
Boundary
Type III Willamette
Greenway Permit
Springfield
Overlay Zone
Quasi-Judicial:
Planning Commission or
Type III Discretionary
Planning Administrator
Use; or,
Administrative:
Type II Site Plan Review
Corvallis
Overlay Zone
Quasi-Judicial:
Planning Commission
Type III Conditional
Development
Salem
Overlay Zone
Quasi-Judicial:
Hearings Official or
Type III Class 2
Planning Administrator
Greenway Permit; or
Administrative:
Type II Class 1 Greenway
Permit
Floodplain Development
Eugene
Building Permit
Ministerial:
Staff
Floodplain Development
Permit
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Springfield Overlay Zone Ministerial: Staff
Type I Floodplain
Development Permit
Corvallis Overlay Zone Ministerial: Staff
Floodplain Development
Permit
Salem Overlay Zone Ministerial: Staff
Floodplain Development
Permit
WILLAMETTE GREENWAY PERMIT CODE AMENDMENTS (EC 9.8800 - 9.8825)
The following summary provides additional information in response to questions from Commissioner
Ramey and others about what the proposed Design Plan actually is compared to other types of adopted
plans the City has; exceptions for prior developed areas and whether the City should provide exceptions
for only the footprint of existing development rather than entire lots; and the genesis of certain
proposed standards and how they compare, vary, or possibly conflict with similar existing standards in
the code. Where staff's recommendations have changed since the initial public hearing, those new
recommendations are noted among the topic areas discussed below.
Background on the Design Plan
The Design Plan is a technical document that includes narrative, figures, findings, and other supporting
materials that respond to the requirements of Goal 15, and to support the proposed ordinance that will
implement the proposed code amendments. It is not intended to be a traditional adopted plan such as
a neighborhood refinement plan that would typically include adopted land use policies or its own land
use designation map, since the proposed amendments will rely on existing zoning and plan designations
already in place. However, the content from the Design Plan is still important support for the necessary
legislative findings that will accompany the ordinance adopting the Greenway code amendments. The
plan is intended to provide evidentiary support for code amendments that implement 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
consistent with the requirements of Goal 15.
The following section discusses more specific topics and possible revisions to the draft code and
provides additional detail on standards and requirements in response to Planning Commissioner
questions and public comment.
Permitted and Prohibited Uses and Exceptions (See Draft Code at EC 9.8812)
Allowed Uses (See Draft Code at EC 9.8812(1) through (3))
The uses currently proposed to be allowed within the Greenway setback are consistent, and align with,
the uses allowed within the /WR conservation area associated with Willamette River and listed in the
/WR overlay zone at EC 9.4930. The uses permitted within the Greenway setback and /WR Conservation
Area Setback are only water-related uses, water-dependent uses, and uses listed in EC 9.4930(2). The
uses subject to Standards Review within the Greenway setback and /WR Conservation Area Setback are
only those listed at EC 9.4930(3). The uses prohibited within the Greenway setback and /WR
Conservation Area Setback are those listed at EC 9.4930(4). The proposal does not expand or change
uses allowed, allowed subject to Standards Review, or prohibited in Goal 5 protected areas. Staff is still
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in the process of considering how to articulate allowed uses within the Greenway setback and may
return to the Commission with a slightly modified proposed draft code.
Setback Exceptions (See Draft Code at EC 9.8812(5), (6), and (7))
As noted previously, staff is now recommending only excluding the footprint of qualifying, pre-existing
development in areas within the Greenway setback rather than entire lots. This recommendation is
consistent with exclusions of "prior developed areas" from conservation areas required by the /WR
overlay zone. See EC 9.4920(5). In effect, the new staff recommendation to only exclude prior
developed areas would not provide an outright exception to the Greenway setback for an entire lot
where residential development already exists. Instead, it would result in a more refined determination
of the precise footprint of qualifying, pre-existing development (e.g. the footprint of a house and
driveway, etc.). This topic is one that staff has considered in more detail since the public hearing and it is
likely that staff will recommend changes to the draft code to reflect this new policy recommendation.
Staff and consultants have worked to update the online Willamette Greenway mapping tool and GIS
layer accordingly. The proposed Greenway setback is now shown at 100-feet from TOB in all areas of
the Willamette Greenway, with the exception of those areas in Special Area Zones and Neighborhood
Plans with prior established setbacks as noted previously.
Willamette Greenway Permit Approval Criteria (See Draft Code at EC 9.8814)
Native Landscape Buffer (See Draft Code at EC 9.8814(3)(a))
Front and interior yard setback requirements exist in most base zones and special area zones and,
generally, range in width from 0 feet to 15 feet. As part the Clear & Objective Ordinance (Ord. 20647) in
EC 9.5860, Transition Standards for Housing/Clear and Objective Applications were established that also
contain three options for compliance with height and setback requirements for development projects
abutting certain zones. Option 1 includes a minimum plant bed width of 7 feet, Option 2 includes a
minimum interior yard setback of 10 feet, and Option 3 includes a minimum setback of 25 feet. For
context, the current Residential Zone Development Standards at EC 9.2750 (for R-1, R-2, R-3, R-4),
require a minimum interior yard setback of 5 feet, or 10 feet between buildings. The proposed
landscape area setback at EC 9.8814(3)(a) functions to increase the minimum interior yard setback from
5 feet to 10 feet and to ensure that the area is sufficiently wide to be planted with a healthy screen of
native plantings that will mature over time.
The significance of the Willamette Greenway and intent to ensure that development is compatible with
its qualities support the inclusion of an increased transition setback as provided by the proposed
standard. A similar comparison exists for that of the typical parking lot landscape buffer at 7 feet wide
according to EC 9.6420(3), generally intended to buffer only the headlights and visual impact at eye-level
in most commercial areas, whereas the additional 3 feet of width as proposed in the draft code will
provide for a more robust native planting buffer along the river as a particularly important resource in
the context of Goal 15 requirements. While it could be revised to provide something wider, or
narrower, staff believes the proposed 10-foot width helps to meet the overall intent and provides a
well-reasoned approach given the comparison with other landscaping standards.
Fencing Standards (See Draft Code at EC 9.8814(3)(c))
The proposed approval criteria at EC 9.8814(3)(c) prohibit fences and walls within the Greenway
setback. As proposed, fences are allowed in the 10-foot landscape area along the Greenway setback but
may not include barbed wire, chain link fencing, or cyclone fencing and must be at least 50 percent
transparent. As noted previously, the limited uses allowed in the Greenway setback are consistent with
a limited range of uses allowed in the /WR conservation area. The proposed standard only applies to the
Page 14 of 91
review of housing, which is not an allowed use in the /WR conservation area or Greenway setback.
Thus, there is no basis to permit fencing associated with housing in the Greenway setback. Fencing is
allowed in the 10-foot native landscape area which will be outside but along the protected setback area.
For comparison, staff also notes that the current EC 9.6740 Recycling and Garbage Screening contains
standards regulating fencing, one of which at EC 9.6740(3) requires that the fence be at least 50 percent
site obscuring. Staff believes the 50 percent transparency standard will help to maintain views to and
from the river to some degree, which is important to the scenic values of the river in the context of the
Goal 15 requirements.
Native Plants List (See Draft Code at EC 9.8814(3)(d))
The proposed approval criteria at EC 9.8814(3)(d) include native landscape buffering along the
Greenway setback as one of the key new provisions that address compatibility and scenic qualities along
the river. Commissioners asked if there were other instances in the current Eugene Code where native
plant species are required, which include the following:
S-DR Cultural Landscape and Open Space subdistrict where specific development standards at
EC 9.3185(3)(a) require that a portion of the Riverfront Park area consist of native plantings and
that all the Riparian Enhancement area be native plantings.
/WR overlay zone development standards at EC 9.4980(3)(a) require planting and replanting
with native plant species. Similar overlay standards exist for /WB Wetland Buffer and /WP
Waterside Protection overlay zones in the West Eugene Wetlands Plan Area.
NR Natural Resource Zone buffer enhancement standards at EC 9.2530(1) require native
plantings in buffer areas.
In addition, native planting requirements are based on an already-adopted plant list (Exhibit F to
Ordinance 20351) that specifies appropriate native species for particular areas, and which will also be
relied upon for required native landscape buffering along the Greenway setback. As with other aspects
of the proposed code amendments, reliance on existing code provisions and the existing adopted plant
list provides the advantage of consistency and simplicity in administration, as a familiar aspect of
existing code requirements near protected natural resources.
Parking & Vehicle Use Areas (See Draft Code at EC 9.8814(3)(d))
The draft code includes a standard at EC 9.8814(3)(d)) that prohibits parking and other vehicle use areas
between any building and the Greenway setback. In response to Planning Commissioner questions and
public comment identifying concern about how to apply this standard, staff reviewed the standard
against other similar base zone and special area zone parking and found potential conflict with a variety
of existing standards that prohibit parking and vehicle use areas between the building and the street.
Standards that prohibit parking between the building and the street are generally designed to foster
walkable, pedestrian-friendly conditions. The draft code contains additional approval criteria that
address on-site pedestrian access and public access with respect to the river, as well as standards for
native landscape buffering along the Greenway setback, so the parking orientation standard is proposed
for deletion to eliminate this potential conflict. This change will also have the general effect of pulling
buildings farther away from the river, if parking areas are allowed between buildings and the Greenway
setback.
Length of Building Facades (See Draft Code at EC 9.8814(2)(a))
The proposed approval criteria at EC 9.8814(2)(a) limit the maximum length of building facades within
40 feet of the Greenway setback line to 80 feet. As noted previously, the Greenway setback line is
proposed to be 100 feet from the top of bank of the Willamette River. As the most relevant comparison,
Page 15 of 91
existing Multi-Family Development standards at EC 9.5500(6) limit the maximum length of building
facades to 100 feet within 40 feet of a front property line. This example provided a starting point for
staff's recommendation at 80 feet, with some additional degree of separation in closest proximity to the
Greenway setback. The proposed standard would therefore only apply to buildings constructed within
40 feet of the Greenway setback line. This will provide a relatively simple, balanced, clear and objective
tool to regulate the mass and scale of buildings constructed nearest the river, providing additional open
spaces between buildings on a given development site and to facilitate views to and from the river
overall.
Public/Pedestrian Access (See Draft Code at EC 9.8814(4))
The proposed approval criteria at EC 9.8814(4) include pedestrian access standards to housing proposed
with five or more dwelling units. This threshold was specifically chosen to maintain consistency with
receas it relantly revised pedestrian circulation standards at EC 9.6730(2)(c), as part of the Middle
Housing code amendments which now only apply to residential development with five or more units
rather than the lesser threshold of three units previously based on multi-family development standards.
The proposed access standards are designed to be consistent with these recently adopted pedestrian
circulation standards at a threshold of five units which generally create a level of impact and need for
these additional pedestrian facilities as compared to less intense middle housing or single-unit
development types.
The proposed standard at EC 9.8814(4)(a)2. also requires a public access connection when a
development site is not within 500 feet of a mapped public access point. The standard requires that the
access connection extend from the property line of a development site along the Willamette River to
existing public ways (i.e. adjacent public streets and the multi-use path along the river). For the sake of
comparison, staff notes that currently EC 9.6810 limits block length for local streets to 600 feet unless an
exception is granted. The intent of this standard is to promote public access connection spacing along
the Greenway that is not more than a standard block in length. The spacing requirement was reduced
to 500 feet to account for the portion of the development site a pedestrian might have to traverse in
addition length of the connection. The goal with the use of the proposed map showing existing public
access points, along with a measurable distance to trigger the applicability of the standard, is to remove
the potential subjectivity of determining an appropriate distance on a case-by-case basis.
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Attachment B
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.
Strikethrough Text = 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 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, o-r-and developments require spec d al consideFa
before being proposed within the boundaries of the Willamette River Greenway.
{~(2) Imposition of ,
scenic, historical, agricultural, economic, and recreational qualities of lands along the Willamette Rive.
Urban uses may be allowed but conditions of approval may 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 incorooratina clear and obiective 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 necessary public access will be provided to and
along the river by appropriate legal means.
9.8805 Willamette River Greenway Permitss - 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 according toestablished by
Resolution No. 2592 Adopting a Willamette River Greenway Boundary.
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Attachment B
CITY OF EUGENE
WILLAMETTE GREENWAY CODE AMENDMENTS
WILLAMETTE GREENWAY PERMITS AMENDMENTS
JANUARY 31, 2022
9.8810 Willamette River Greenway Permitss - General Application Requirements
(1) ofeposed-Willamette R4verRiver 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
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.
(4) 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
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Attachment B
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- ySetback. 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 Greenwa-y 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 Greenway
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
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Attachment B
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.
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Attachment B
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:
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.
(90) 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.
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Attachment B
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 Fe i I I I! is FequiFed, the pFepeseel Elevelepiggel9t will be EeI95istent with th-e
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 plans, of final modifications of the
Willamette River Greenway Permit, as provided in EC 9.7230 and EC 9.7340-to the approved final may
be considered in accordance with the Type II Application Procedures contained in EC 9-.7-GN Application
Pr ocedu esEC 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.
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Attachment B
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.
Strikethrough Text = 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
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Attachment B
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.
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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.
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(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
Historic
Planning
Hearings
Planning
City
Application
Type
Review
Director
Official
Commission
Council
Board
Willamette River
II fH
D
DA
A
Greenway Permit=
Clear and Objective
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.
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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.
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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.
(g) 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
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Table 9.7230 Expiration of Type II Application Approvals
Application
12 months
18 months
36 months
Historic Property, Alteration
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
X
Traffic Impact Analysis Review
X
Variance
X
Willamette River Greenway Permit - Clear and
X
Objective
Willamette River Greenway Permit, Modification
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
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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.
(110) 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
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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 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.
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
aapermit 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.
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(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.
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(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. issues (3) The appeal shall include a statement of issues on appeal and be li ited
to the 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:
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(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.
(q) 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.
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(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 Greenwa ry 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
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Attachment C
Design Plan
WILLAMETTE RIVER GREENWAY
CODE AMENDMENTS
Eugene, Oregon
December 2021
Page 36 of 91
Attachment C
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
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DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN
INTRODUCTION
Oregon Statewide Planning Goal 15: Willamette River Greenway (OAR 660-015-0005) (Goal 15) was adopted
by the Land Conservation and Development Commission (LCDC) on December 6, 1975.' Goal 15 is
designed to "protect, conserve, enhance and maintain the natural, scenic, historical, agricultural, economic
and recreational qualities of lands along the Willamette River as the Willamette River Greenway." Goal 15
implementation measures are to be achieved through cooperative efforts of state and local governments
and include the adoption of Greenway boundaries, management of land uses permitted within those
boundaries, and provisions for compatibility review.
In 1976, the City of Eugene approved Resolution No. 2592 which included the establishment of a Willamette
River Greenway Boundary and identification of potential acquisition sites. Ordinance No. 18923, adopted
in 1982, added Greenway compatibility procedures into the Eugene Code and provided that development
within the Greenway was only allowed in accordance with Planned Unit Development regulations or
Conditional Use procedures. Ordinance No. 19422, adopted in 1986, amended the adopted Greenway
compatibility review procedures to add additional approval criteria consistent with the requirements of
Goal 15. Ordinance No. 20224, adopted in 2001, replaced prior Greenway compatibility review procedures
and adopted new code provisions for Willamette Greenway Permits that included purpose and applicability
sections, general requirements, approval criteria and standards, and modifications. Those provisions have
remained static and largely unchanged, except for minor modifications, over the last 20 years.
Goal 15 requires cities and counties with lands in the Greenway to review intensifications of use, changes
of use, or developments to insure their compatibility with the Willamette River Greenway. The goal offers
cities and counties a choice between two tracks for review of intensifications of use, changes of use, and
developments within the Greenway; they can either adopt specific compatibility standards included in the
goal and provide for a public hearing on each application for development within the Greenway, or they
can adopt a design plan and administrative review procedure. The Eugene Code currently complies with
the first review track; requiring a public hearing and compliance with specific subjective standards laid out
in Goal 15 for all intensifications of use, changes of use and developments within the Greenway.
The design plan and administrative review procedure allowed by Goal 15, provide the City with the
opportunity to adopt clear and objective standards for development of housing in the Greenway while still
meeting the compatibility findings required by the goal. The design plan must include findings under the
following criteria, set out in sections 3(b)(1) and (2) of paragraph F of Goal 15:
[T]o the greatest possible degree:
• The intensification, change of use or development will provide the maximum possible landscaped area,
open space or vegetation between the activity and the river
• Necessary public access will be provided to and along the river by appropriate legal means.
This document constitutes the Design Plan, which is supported by concurrently adopted land use code
amendments that implement both an administrative review procedure and clear and objective approval
criteria for the review of housing development within the Greenway Boundary. The Design Plan includes
the following components:
Gunderson, LLC v. City of Portland, 352 Or 648, 650-53 (2012).
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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.
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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).
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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).
IATE B
Prior to the 2017 passage of Senate Bill 1051, ORS 197.307(4), sometimes referred to as the Needed
Housing statute, and the Willamette Greenway laws worked in concert. Before the legislature adopted
Senate Bill 1051, ORS 197.304(4) provided that local governments could only apply "clear and objective
standards, conditions and procedures regulating the development of needed housing on buildable land...."
Or Laws 2017, ch 745, § 5 (emphasis added). In other words, prior to Senate Bill 1051, housing not located
on "buildable land" was not entitled to clear and objective standards. Lands within the Willamette River
Greenway are specifically exempt from the definition of "buildable land" by the Land Conservation and
Development Commission (LCDC). OAR 660-08-0005(2).
OAR 660-08-0005(2) defines "buildable land" as "residentially designated land within the urban growth
boundary, including both vacant and developed land likely to be redeveloped, that is suitable, available and
necessary for residential uses ...[I]and is generally considered 'suitable and available' unless it...[i]s subject to
natural resource protection measures determined under Statewide Planning Goals 5, 6, 15, 16, 17, or 18[.]"
(Emphasis added).
Land located within the Willamette River Greenway is subject to Goal 15 natural resource protection
measures and is therefore not considered "buildable land." Consequently, prior to the passage of SB 1051,
housing constructed on land within in the Willamette River Greenway was explicitly outside the scope of
the clear and objective requirement. Prior to Senate Bill 1051, because lands within the Greenway were
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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
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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.
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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
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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.
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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.
(illamette River Greenwav (Goal 15)
Oregon Statewide Planning Goal 15: Willamette River Greenway was adopted by the Land Conservation
and Development Commission (LCDC) on December 6, 1975.2 Goal 15 required local jurisdictions to adopt
Greenway boundaries, to specify uses permitted within those boundaries, and to indicate areas of potential
acquisition. On November 22, 1976, the City of Eugene approved Resolution No. 2592, which included the
following sections:
• Boundaries of the Willamette River Greenway for areas within the city limits shown as maps attached to
the resolution.
• Intent to review private development to insure adequate provision for public access, consistency with
plans and policies, preservation of the natural vegetative fringe, and Greenway objectives.
• Use categories within the Greenway, including public and private uses.
• Contemplation of public acquisition of two sites, Goodpasture Island Ponds and the west bank of the
Willamette River between the Belt Line Bridge and Skinner's Butte Park.
• Direction to forward the resolution to Lane County for adoption of the Greenway boundaries for those
areas within its jurisdiction.
Ordinance No. 18932 concerning Land Development and the Willamette Greenway was adopted in 1982.
The ordinance amended the Eugene Code (1971) to adopt a new code section pertaining to the Willamette
Greenway (EC 9.260). The ordinance included the following Willamette Greenway provisions:
• Development review in accordance with Planned Unit Development Regulations or Conditional Use
Permit procedures,
• Approval criteria and findings of compliance with the text of OAR 660-015-0005 F.3(b)(1) and 2).
• Public hearing and notice requirements.
• Provisions for the imposition of conditions of approval.
Ordinance No. 19422 concerning the Willamette River Greenway was adopted in 1986. The ordinance
included the following components:
• Additional and expanded approval criteria.
• Modified public hearing and notice requirements.
Ordinance No. 20224 concerning Land Use Regulations was adopted in 2001. The ordinance repealed prior
sections of the Eugene Code pertaining to review of development within the Greenway and included a new
Willamette Greenway Permit application process required for intensification of uses, changes in use, or
development within the Greenway boundaries. The code provisions include the following sections:
2 Gunderson, LLC v. City of Portland, 352 Or 648, 650-53 (2012).
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• Purpose of Willamette Greenway Permits.
• Applicability.
• General requirements.
• Approval criteria and standards.
• Modifications.
The General Requirements section was subsequently modified by Ordinance No. 20513 in 2013 and
Ordinance No. 20569 in 2016 to allow concurrent review of Willamette Greenway Permit applications in
conjunction with other application types.
OAR 660-015-0000(5) requires local governments to protect significant riparian corridors, upland wildlife
habitat, and wetlands to conserve these resources and the biological systems they contain and support.
In 2005, the City of Eugene adopted Ordinance No. 20351 and Ordinance No. 20352 that updated the
Goal 5 inventory within the Eugene Urban Growth Boundary (UGB), adopted the Goal 5 Water Resources
Conservation Plan as a refinement of the Metro Plan, established the /WR Water Resources Conservation
overlay zone, and other associated code amendments.
The Goal 5 Water Resources Conservation Plan contains the following sections:
• Section I: Introduction.
• Section II: Criteria for determining the significance of riparian corridor and upland wildlife habitat
resource sites within the UGB.
• Section III: Significant riparian corridor, wildlife habitat, and wetland resource sites within the UGB.
• Section IV: Degree of protection intended for significant riparian corridor, wildlife habitat, and wetland
resources sites within the UGB.
The criteria in Section II are used to determine which resource sites are "significant" for the purposes of
Goal 5. Section III contains maps and lists that identify the resource sites that have been determined
to be significant, based on the criteria in Section II. Section IV includes maps identifying the significant
resources sites that, based on the analysis, are to be protected. Summary tables in Section IV identify
resources as Category A, B, C, D, or E streams or as Category A, B, or C wetlands to differentiate between
various degrees of protection. Protections are applied through code provisions in the /WR Water Resource
Conservation overlay zone.
The Adopted Protection Designations for the Eugene Goal 5 Wetland, Riparian, and Upland Wildlife Habitat
Inventories Map identifies resources designated for protection associated with the Willamette River. The
Willamette River (WA) is designated as a riparian and upland wildlife site designated for protection as a
category A stream with a 100-foot setback. Wetland site WR-1, WR-2, WR-5A, and WR-5B are designated
for protection as Category A wetlands with a 50-foot setback. Site descriptions from the Goal 5 Water
Resources Conservation Plan are included for reference:'
3 Water Resources Conservation Plan. City of Eugene. Exhibit B - Conflicting Use and ESEE Analysis. Section 24.1
Site Description(s). November 2005.
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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:'
Willamette River (WA/WB):
Conservation setback of 100 feet recommended. As discussed above, the Willamette River (W AIWB) is
recommended for protection, as it provides one of the most extensive, intact wildlife corridors in the
region, providing habitat for a diversity of wildlife species, including state- and federally-listed species. The
conservation measure proposed for this site is the /WR Water Resources Conservation Overlay Zone (/WR
overlay zone). Under those proposed provisions, this riparian site is recommended to be designated Category
A Stream. This recommendation is based upon the ESEE analysis above, and these factors: (1) it is one of the
highest quality sites in the Inventory, (2) it is the largest stream in the region, (3) the corridor contains a highly
intact riparian plant community with a mature forest canopy that supports a wide range of terrestrial and
aquatic wildlife species, (4) it has very high connectivity value, providing one of the most extensive and diverse
habitat systems and wildlife corridors in the region, (5) it provides habitat for state- and federally-listed
species, and (6) it provides habitat for numerous native fish species. For riparian and upland wildlife habitat
sites, the conservation area for CategoryA Streams includes the area within the resource site boundary, plus
the area within a conservation setback of 100 feet measured from the top of bank of the stream. Within this
conservation area, the /WR overlay zone restricts new development, removal of riparian vegetation, and other
conflicting uses.
Willamette River wetlands River Avenue (WR-1); Willamette River wetlands Greenleaf Pond (WR-2);
Willamette River wetlands south (WR-5A, WR-5B):
Conservation setback of 50 feet recommended. As discussed above, these wetlands (WR-1, WR-2, WR-5A, WR-
58) occur within the riparian area of the regionally significant Willamette River, and are recommended
4 Water Resources Conservation Plan. City of Eugene. Exhibit B - Conflicting Use and ESEE Analysis. Section 24.1 Site
Description(s). November 2005.
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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 CategoryA Wetlands, the
conservation area includes the area within the wetland boundary, plus the area within a conservation setback
of 50 feet measured from the wetland boundary. Within this conservation area, the IWR overlay zone restricts
new development, removal of riparian vegetation, and other conflicting uses. These provisions exempt pre-
existing development, but restrict expansion of existing development into the conservation area.
Goal 5 requires that local governments adopt a program to protect significant resource sites consistent
with the results of the ESEE analysis, as noted previously. OAR 660-023-0050 sets out specific rules
pertaining to such a program. The /WR Water Resources Conservation overlay zone was developed to
comply with the requirements of this rule. The City applied the overlay zone to the resources that were
shown by the ESEE analysis to warrant special protections.
The /WR overlay zone assigns a conservation setback to each resource category measured horizontally
from the top of high bank, or when the top of high bank is not identifiable, from the line of ordinary
high water (EC 9.4920(1)(c)l The Willamette River is listed as a Category A Stream with a conservation
setback of 100 feet from the top of high bank and 120 feet from the line of ordinary high water. Wetlands
associated with the Willamette River are listed as Category A Sites with a conservation setback of 50 feet
from the jurisdictional wetland boundary. Within the conservation area, the /WR overlay zone restricts new
development, removal of riparian vegetation, and other conflicting uses.
Envision Eugene Comprehensive Plan (Envision Eugene) is the City's state-mandated, specific
comprehensive land use plan. Envision Eugene is the result of the City's efforts to implement ORS 197.304,
which required Eugene and Springfield to divide their shared urban growth boundary, by adopting Eugene-
specific policies to address land use issues. The Plan is designed to be developed and adopted in phases,
over several years. In 2017, the City adopted Ordinance No. 20584, which constitutes the first phase and
focuses on policies and elements required to adopt a specific urban growth boundary.
The Eugene-Springfield Metropolitan Area General Plan (Metro Plan) functions as the specific
comprehensive plan that addresses land use planning responsibilities that remain regional in nature. As
subsequent phases of Envision Eugene are adopted, the Metro Plan will be amended to identify provisions
that no longer apply to the City. The Willamette River Greenway is one such provision that is regional
in nature and for which the Metro Plan is the guiding land use policy document for the purpose of
establishing a Design Plan and concurrently adopted administrative review procedure.
The Willamette River Greenway, River Corridors, and Waterways Element (Element D) is one of eleven
specific elements within the Metro Plan. The jurisdictional area of the Metro Plan (i.e., Metro Plan
Boundary), including the Greenway Boundary, was found to be in compliance with Goal 15 on
4 Water Resources Conservation Plan. City of Eugene. Exhibit B - Conflicting Use and ESEE Analysis. Section 24.5.2 Rec-
ommended Conservation Measures (Goal 5 Program). November 2005.
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September 12, 1982.5 The Greenway Boundary has been digitized in the Lane County Regional Land
Information Database (RLID) and is shown as an overlay on the Metro Plan Diagram.
The text of Element D includes statements regarding land ownership and public access that are relevant to
the Design Plan. Within Eugene, much of the land within the Greenway Boundary is in public ownership as
public parks such as Skinner's Butte Park and Alton Baker Park. The element includes future proposed park
acquisitions, such as the Goodpasture Island gravel ponds, which further expand opportunities for public
access and enjoyment of the river. The element describes how Eugene cooperated with Springfield and
Lane County in the development of a bicycle-pedestrian trail system that extends along the Greenway from
south of Springfield to north of Eugene and into the River Road area. This system includes five bike bridges
across the river. The element notes that land along the Greenway in private ownership is in a variety of
uses, some of which appear to provide greater opportunity than others for public access and enjoyment.
The element states that residential uses along the Greenway have the potential to provide residents with
access to the river, while certain commercial uses, such as restaurants, can provide visual access.
The following policies from Element D support the use of the Design Plan as an alternative review
procedure, means to review development, and strategy to maintain public access:
D.3 Eugene, Springfield, and Lane County shall continue to cooperate in expanding water-related parks and
other facilities, where appropriate, that allow access to and enjoyment of river and waterway corridors.
D.5 New development that locates along river corridors and waterways shall be limited to uses that are
compatible with the natural scenic, and environmental qualities of those water features.
D.8 Within the framework of mandatory statewide planning goals, local Willamette River Greenway plans
shall allow a variety of means for public enjoyment of the river, including public acquisition areas, residential
areas, and commercial areas.
D.9 Local and state governments shall continue to provide adequate public access to the Willamette River
Green way.
Completed in 2019, The Parks and Recreation System Plan is a guiding document for how the City
maintains the park and recreation system and how it will improve and expand the system for a growing
population in response to evolving priorities and needs. The plan includes a 30-year vision and a 10-year
implementation plan. The plan's Existing System Map shows ten parks and two community centers within
or adjacent to the Willamette Greenway:
City-Owned Parks
- West Bank Park
- East Bank Park
- Delta Ponds
- Rasor Park
5 Eugene-Springfield Metropolitan Area General Plan. Section III, Element D. Willamette River Greenway, River Corri-
dors, and Waterways Element. Page III-D-1. June 2019
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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%
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Map 1.1 Willamette River Greenway Parks, Natural Areas, and Open Space'
Willamette River Greenway Parks System
Q UGB 0 Parks, Natural Areas, and Open Space
Q WRG Boundary 0 0.5 1 ic 116%
Miles 40
6 Cameron McCarthy. Willamette River Greenway, Parks, Natural Areas, and Open Space. Using: ArcGIS Pro Desktop. Source: City of Eugene ArcGIS Online Content.
Dataset: Eugene-Area-Parks. 2021. https://services3.arcgis.com/F7NiRLGNbA2hh7gE/arcgis/rest/services/Eugene_Area_Parks/FeatureServer.
City of Eugene. WillametteGreenway. 2021. https://services3.arcgis.com/F7NiRLGNbA2hh7gE/arcgis/rest/services/Willamette_Greenway/FeatureServer. December 2021.
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Willamette Riverfront Access Studv
Completed in 2018, the Willamette Riverfront Access Study is an assessment of City-owned sites within
the Willamette River corridor for the purposes of providing public access opportunities. As discussed
previously, the City has an established and developed network of parks, open space areas, natural areas,
and multi-use paths that extend along 12 miles of river frontage and include 25.8 miles of paved bike paths
on both sides of the river. These facilities represent community assets that distinguish the qualities of
the Willamette River and include views of pastoral parks and surrounding natural features (Skinner Butte,
Spencer Butte, Coburg Hills, etc.).
The Study documents the process used to assess, consider, and envision improvements to sites along the
Willamette River that have the potential to strengthen the community's relationship with the river and its
associated resources. Site improvements include, but are not limited to, boat launches (motorized and
paddlecraft), playgrounds, beach access, swimming, wading, fishing, wildlife viewing, viewpoints, general
accessibility, and trails. The process focused on the collection of data to inform which sites to prioritize for
improvements and the level of associated improvements. The process resulted in the identification of sites
within the river corridor that, when improved or enhanced, will promote equity and access within the Parks
and Open Space system, which includes the river and adjacent public lands.
The Study's System Map identifies 28 access site locations and the existing and planned improvements at
each site. Map 1.2 shows public access points to the Willamette Greenway, which are the points where
existing right-of-way intersects with multi-use path connections. The map includes 58 access points, of
which six are bridges and include pedestrian facilities providing access across the river.
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DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN
Willamette River Greenway Public Access
Q UGB Public Land Public Access Points:
where right-of--way intersects 0 0.5 1
Q WRG Boundary Bikeways with multi-use path connections
Miles
7 Cameron McCarthy. Willamette River Greenway Public Access. Using: ArcGIS Pro Desktop. Source: City of Eugene ArcGIS Online Content. Dataset: Eugene Bikeways - HUB.
Lane Council of Governments, 2022. https://services3.arcgis.com/F7NiRLGNbA2hh7gE/arcgis/rest/services/Committed Areasjanuary_2021/FeatureServer
City of Eugene. Committed Areas January 2021. 2021. https://services3.arcgis.com/F7NiRLGNbA2hh7gE/arcgis/rest/services/Committed Areasjanuary_2021/FeatureServer
City of Eugene. WillametteGreenway. 2021. https://services3.arcgis.com/F7NiRLGNbA2hh7gE/arcgis/rest/services/Willamette_Greenway/FeatureServer. December 2021
-
WILLAMETTE RIVER GREENWAY CODE AMENDMENTS Page 54 of 91 19
Map 1.2 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
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Map 1.3 Willamette River Greenway Committed Lands$
Willamette River Greenway Land Ownership
Q UGB Committed Lands
Q WRG Boundary Other Lands
0 0.5 1 P1.1dr LN
Miles
8 Cameron McCarthy. Willamette River Greenway Committed Lands. Using: ArcGIS Pro Desktop. Source: City of Eugene ArcGIS Online Content. Dataset: City of Eugene. Com-
mitted Areaslanuary 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.
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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.
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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.
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Both TOB (bankfull stage) and OHW rely on annual or biennial water levels as their determining
characteristic, with TOB being the more encompassing definition because of the reliance on flood events
as opposed to ordinary events. This analysis supports the use of TOB for the purposes of applying the
Greenway setback because both state law and the Eugene Code (EC), as discussed subsequently, define
TOB, in addition to reasons stated.
Top of bank is defined in EC 9.4920 as:
"The highest point at which the bank meets the grade of the surrounding topography, characterized by
an abrupt or noticeable change from a steeper grade to a less steep grade, and, where natural conditions
prevail, by a noticeable change from topography or vegetation primarily shaped by the presence and/or
movement of the water to topography not primarily shaped by the presence of water. Where there is more
than one such break in the grade, the uppermost shall be considered the top of the high bank."
Unlike the Greenway Boundary, which is digitized in the RLID Database and is shown as an overlay on
the Metro Plan Diagram, there is no digitized or mapped TOB line in existence for Eugene. In cases where
proposed development is proximate to the river, the landowner or applicant is responsible for determining
the TOB line and whether any encroachment is proposed. The determination process typically involves
field investigation, survey, and planning services, and may involve services of an environmental consultant.
As noted previously, the purpose of this project is to update Willamette Greenway permit regulations to
provide an administrative review process and clear and objective standards for the development of housing
within the Greenway, and to remove barriers to the development of housing. The current, individualized
TOB determination process presents potential barriers to development of housing in the Greenway due
to the time and cost required to meet the evidentiary requirements. This project sets out to establish a
digitized TOB line to be used as an alternative to the individualized determination process described above
and as the basis for the establishment of a Greenway setback, one of the requirements of the Greenway
permit approval process. Neither this Design Plan nor the newly established Greenway Setback make any
changes to the previously adopted Greenway Boundary.
1.3 TOB DETERMINATION
City of Eugene Planning Division staff obtained and utilized 2009 LiDAR9 data from the Lane Council
of Governments (LCOG) to map a top of bank (TOB) line for the portions of the Willamette River within
Eugene's city limits. The 2009 LiDAR data used by staff was originally prepared by Watershed Sciences
for the Oregon Department of Geology and Mineral Industries (DOGAMI)10 and represents the most
comprehensive publicly available dataset for the geographical area encompassing the Eugene city limits.
9 Light Detection and Ranging. According to the National Oceanic and Atmospheric Administration, LiDAR is a remote
sensing method that uses pulsed lasers to measure ranges to the Earth. These light pulses-combined with other data
recorded by the airborne system - generate precise, three-dimensional information about the shape of the Earth and
its surface characteristics.
10 Oregon Department of Geology and Mineral Industries (DOGAMI) contracted with Watershed Sciences to collect
the data, produce the Jas and bareearth and highest hit grid files. The point density of the Jas files is 8.14 points/scl
meter. The relative accuracy is .163 feet and the absolute accuracy has a RMSE of.13 feet. The LiDAR data was delivered
in 2009 in Oregon Statewide Lambert Conformal Conic, NAD83 (HARN) horizontal datum, NAVD88 (Geoid03) vertical
datum in international feet. The 2-foot contours were generated from the bareearth grid by LCOG under the direction
of Eugene PWE.
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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.
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3.0 SETBACK DETERMINATION
3.1 OVERVIEW
This section discusses the setback component of Goal 15, previously established setbacks, prior approved
Willamette Greenway permits, and the recommended approach for establishing a Willamette River
Greenway setback as a component of the Design Plan.
3.2 GOAL 15 WRG SETBACK PROVISIONS
OAR 660-015-0005 Goal 15: Willamette River Greenway, and Eugene Code (EC) 9.8815 Willamette Greenway
Permit Approval Criteria and Standards, provide standards for the establishment of setback lines to keep
structures separated from the river. Section C.3 of Goal 15 provides use management considerations
and requirements for local plans and implementing measures. Subsection (k) provides for the Greenway
setback. Other relevant considerations include providing adequate public access to the river, protection of
significant fish and wildlife habitat, and enhancing and protecting the natural vegetative fringe along the
river. EC 9.8815(5)(a), nested within the approval criteria for Willamette Greenway Permits, provides that
intensification, changes of use, or development shall require the establishment of a setback line to keep
structures separated from the river.
OAR 660-015-0005, C.31. Greenway Setback.
A setback line will be established to keep structures separated from the river in order to protect, maintain
preserve and enhance the natural, scenic, historic and recreational qualities of the Willamette River
Greenway, as identified in the Greenway Inventories. The setback line shall not apply to water-related or
water-dependent uses.
EC 9.8815(5)(a).
[I]ntensification, change of use, or development shall conform with the following applicable standards: (a)
Establishment of adequate setback lines to keep structures separated from the Willamette River to protect,
maintain, preserve, and enhance the natural, scenic, historic, and recreational qualities of the Willamette
Greenway. Setback lines need not apply to water related or water dependent activities as defined in the
Oregon Statewide Planning Goals and Guidelines (OAR 660-15-000 et seq.).
Both the OAR and Eugene Code exclude water-related and water-dependent uses from the setback,
however neither one includes a definition for the uses. OAR 632-005-0020 provides definitions for the
terms:
Water-related uses are defined as:
"Uses which are not directly dependent upon access to a water body, but which provide goods or services
that are directly associated with water-dependent land or waterway use, and which, if not located adjacent
to water, would result in a public loss of quality in the goods or services offered. Except as necessary for
water-dependent or water-related uses or facilities, residences, parking lots, spoil and dump sites, roads and
highways, restaurants, businesses, factories, and trailer parks are not generally considered dependent on or
related to water location needs."
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Water-dependent uses are defined as:
;4 use or activity which can be carried out only on, in, or adjacent to water areas because the use requires
access to the water body for water-borne transportation, recreation, energy production, or source of water."
These definitions of water-related and water-dependent uses are included in the land use code
amendments supported by this design plan. The terms water-related and water-dependent are used
elsewhere in the text OAR's as listed by rule, number, rule title, and chapter name. OAR 632-005-0020
provides the only common definition of the terms:
• 350-081-0560, General Management Area Wetland Review Criteria, Columbia River Gorge
Commission
• 350-081-0570, General Management Area Stream, Pond, Lake and Riparian Area Review Criteria,
Columbia River Gorge Commission
• 632-005-0000, Purpose, Department of Geology and Mineral Industries
• 632-005-0020, Definitions, Department of Geology and Mineral Industries
• 632-005-0070, Exemption Responsibility, Department of Geology and Mineral Industries
• 660-004-0022, Reasons Necessary to justify an Exception Under Goal 2, Part II(c), Land Conservation
and Development Department
• 660-023-0090, Riparian Corridors, Land Conservation and Development Department
• 660-037-0090, Rezoning of Qualifying Shorelands to Nonwater-Dependent Uses, Land Conservation
and Development Department
Following is a summary of known refinement plans, neighborhood plans, and past Willamette Greenway
permit approvals that have established WRG setback lines in particular areas or for individual development
sites.
3.3 ESTABLISHED WRG SETBACK LINES IN EUGENE
Refinement Plans and Neighborhood Plans
Adopted refinement plans and neighborhood plans whose plan boundaries encompass a portion of the
Willamette River Greenway include:
• Downtown Riverfront Specific Area Plan
• River Road Santa Clara Urban Facilities Plan
• Riverfront Park Study
• Whiteaker Plan
• Willakenzie Area Plan
Of these plans, only the Willakenzie Area Plan contains a WRG setback line.
Willakenzie Area Plan
Adopted in 1992, the Willakenzie Area Plan lies between the Willamette River on the south and west, the
Eugene Urban Growth Boundary (UGB) on the north, and Interstate 5 (I-5) on the east. Approximately six
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linear miles of Willamette Greenway lie within the Plan boundary. The Willamette Greenway is addressed
in the Plan's Neighborhood Design Element. The element's use management standard (1) establishes a
Willamette Greenway setback line that is 35 feet from the top of bank, with certain exceptions: linear miles
of Willamette Greenway are within the Plan boundary. The Willamette Greenway is addressed in the Plan's
Neighborhood Design Element. The elements use management standard (1) establishes a Willamette
Greenway setback line to keep structures separated from the river that is 35 feet from the top of riverbank,
with exceptions:
Provision that all new structures, expansions of existing structure, drives, parking areas, or storage areas,
shall not be permitted within the first 35 feet back from the top of riverbank, unless the location of the
floodway boundary requires greater separation. There are three exceptions to the standard.
a. Structures designed solely for recreation use (e.g. a deck or steps leading to the river) and driveways for
boat landings and water-related or water-dependent uses are permitted within the 35 foot setback
b. Public improvements, including pedestrian and bicycle trails, public plazas, and similar amenities, but
excluding roads and parking areas, are exempt from the setback requirements.
c. Structures existing as of the date of adoption of this plan shall be allowed to rebuild at the some distance
from the river that they were before destruction by fire, flood, or other disaster.
Willamette Greenway Permit Approvals
Certain past Willamette Greenway Permit approvals have included the establishment of a Willamette
Greenway setback line as part of demonstrating compliance with applicable approval criteria. Applications
are listed by file number, applicant name, and project name, including a list of map and tax lot numbers for
which the Willamette Greenway Permit approval was granted.
WG 19-3, City of Eugene, Downtown Riverfront
The Downtown Riverfront Project is located within Eugene's Downtown Plan boundary, on the west bank
of the Willamette River south of the DeFazio Bridge, east of the 5th Street Market commercial area, and
north of the Union Pacific railroad tracks. The project includes redevelopment of several properties
formerly owned by the Eugene Water and Electric Board (EWEB) in order to construct a public park as
well as housing and commercial uses. The City of Eugene established a Willamette Greenway setback
line on the Downtown Riverfront project site to keep structures separated from the river and to protect,
maintain, preserve, and enhance the natural, scenic, historic, and recreational qualities of the Willamette
Greenway. The setback line is site specific, context sensitive, and responds to existing conditions and the
redevelopment vision.
As illustrated on the application's Regulatory Plan, the Greenway setback is measured from top-of-bank and
varies in width from 25 feet to 125 feet. The setback's variable width responds to existing site conditions
and anticipated redevelopment consistent with the Downtown Riverfront Concept Plan vision. Existing
structures, including the EWEB Headquarters, Steam Plant, and Willamette Substation, are excluded from
the setback area. The EWEB Headquarters and Steam Plant are envisioned for adaptive reuse and are
therefore excluded from the setback to enable future redevelopment.
At the northern extent of the project site, the setback is approximately 160 feet in width and encompasses
all property currently in use as open space and proposed to be Riverfront Park. The setback aligns with the
eastern perimeter of the EWEB Headquarters North Building and EWEB Headquarters South Building and
increases to approximately 110 feet in width to encompass the EWEB waterfront plaza and public access
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points between buildings. In the middle portion of the subject site, the setback aligns with the eastern
edge of the proposed relocated Riverfront Trail, is approximately 120 feet in width, and includes all areas
designated for Riverfront Park use between the trail and the river. Further south, the setback aligns with
the eastern perimeters of the Steam Plant and Willamette Substation and includes all areas between those
properties and the river. In the southern extent of the project site, the setback is approximately 50 feet and
encompasses additional areas designated for park or cultural landscape and open space uses and riparian/
bank enhancement.
In total the Willamette Greenway Setback protects 3.67 acres of the subject site. Adoption of the setback
ensures that no new buildings will be constructed within the setback, that adequate public access is
provided along the river frontage, that limited existing habitat is preserved, and that the remaining natural
vegetative fringe is protected. The setback for the downtown riverfront site is codified at EC 9.3147 and
applies to properties zoned S-DR Downtown Riverfront Special Area Zone.
Map 17033044
Tax Lots 07400, 07500, 08200, 08300, 08400, 08500
Map 17032933
Tax Lots 01400, 01500, 01600, 01800, 01900, 02000, 02600, 02700, 02900, 02901
Map 17033222
Tax Lots 00100, 00300, 00400, 00401, 00800, 00801, 00802, 00803, 01600, 01500
Map 17033111
Tax Lots 00100, 00300
WG 18-2, University of Oregon, North Campus
The University of Oregon North Campus area consists of all University-owned land between Franklin
Boulevard and the Willamette River and bisected by the Union Pacific railroad tracks. As part of obtaining
a new Conditional Use Permit for the area, the University of Oregon established a Master Site Plan to
connect people to the Willamette River and to accommodate essential future development. Of the 77 total
acres within the North Campus area, the Master Site Plan allocates land for conservation (41 open space
(37%), recreation fields (9%), and new and existing buildings (13%). The University of Oregon established
a Willamette Greenway setback line for the North Campus area in order to keep structures separated from
the river and to protect, maintain, preserve, and enhance the natural, scenic, historic, and recreational
qualities of the Willamette Greenway. As illustrated on the Regulatory Plan, the setback line is coterminous
with the required 100-foot conservation area setback from the top of bank of the Willamette River as
established by the Water Resources (/WR) Conservation Overlay Zone.
Map 17033221
Tax Lot 00300
Map 17033214
Tax Lots 00300, 01800, 05300, 02300, 00103, 02200, 01400, 02000, 00105, 01600, 02500, 02600, 02400,
02700, 00100
In addition, EC 9.3715 provides for a setback of at least 35 feet from the top of bank of the Willamette River.
The setback applies to all properties zoned S-RP Riverfront Park Special Area Zone.
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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
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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.
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Map 3.1. Overall WGS Map
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WILLAMETTE RIVER GREENWAY CODE AMENDMENTS Page 67 of 91 32
EXHIBIT Q Q125 02,
OVERALL WGS MAP City Limit Line 0 Top Bank Line
WRG Boundary 0 WRG Setback Line
WGmCODE AMENDMENTS ax Lot Line =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.
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"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
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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
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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.
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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 E: WG PERMIT HISTORY 47
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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 Terra Sync 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
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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.
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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
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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 DroDosed.
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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.
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Map 2.1 Willamette River Greenway Test Sites
EXHIBIT
OVERALL WGS MAP
WG CODE AMENDMENTS
-1--VWRG Boundary =Sample Site
Q Top of Bank Line
Q WRG Setback Line
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Map 2.1 Field Investigation Map
1
L
Willamette River Greenway Base Map
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Test Site:
Full Extent
Legend
Q UGB
TOB
100ft Setback
O WRG Boundary
City Limits
Bikeways
AG
C-1
C-2
C-3
E-1
E-2
GO
' 1-2
1-3
1 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