HomeMy WebLinkAbout2.14.2023 Agenda Packetftmw
WiPlanning Commission
Phone: 541-682-5481
www.eugene-or.gov/pc
AGENDA
Meeting Location:
Hybrid Meeting
(See How to Access this Meeting on next page)
The Eugene Planning Commission welcomes your interest in these agenda items. This Planning
Commission Work Session is in hybrid format without the ability for public comment. Members of
the public can watch or listen in using Zoom or phone in options. Information about online or other
options for access and participation is available on the last page of this agenda.
For the hearing impaired, assistive-listening devices or an interpreter can be provided with 72-
hour notice prior to the meeting. Spanish-language interpretation may also be provided with 72-
hour notice. These services may not be available during the Planning Commission meeting
based on service availability but may occur as a follow up service. To arrange for these services,
contact the Planning Division at 541-682-5675.
TUESDAY, February 14, 2023 - Regular Meeting 5:30 pm - 7:30 pm
Commissioners: Ken Beeson; Diane Behling; Tiffany Edwards; Lisa Fragala (Vice Chair); Dan
Isaacson (Chair); Jason Lear, Chris Ramey
The Commission will begin the meeting with the City's Land Acknowledgement statement:
Since time immemorial the Kalapuya people have been the Indigenous stewards to our region,
building dynamic communities, maintaining balance with wildlife, and enacting sustainable land
practices. This land acknowledgement is a way of resisting the erasure of Indigenous histories and
to honor Native communities by inviting truth and reconciliation. Following treaties between 1851 and
1855, Kalapuya people were dispossessed of their Indigenous homeland by the United States
government and forcibly removed to the Coast Reservation in Western Oregon. As we consider the
impacts of colonization, we also acknowledge the strength and resiliency of displaced Indigenous
people. The City of Eugene is built within the traditional homelands known as Kalapuya Ilihi. Kalapuya
descendants are citizens of the Confederated Tribes of Grand Ronde Community of Oregon and the
Confederated Tribes of the Siletz Indians of Oregon, they continue to make contributions in our
communities here and across the lands. We express our respect for the inherent political sovereignty
of all federally recognized Tribal Nations and Indigenous people who live in the State of Oregon and
across the nation. Therefore, the Planning Commission recognizes that what we do today will affect
the many generations who will come after us.
A. WORK SESSION: WILLAMETTE GREENWAY CODE AMENDMENTS (CA 22-1)
Work Session to deliberate on proposed land use code amendments that would establish
a set of clear and objective standards for the review of housing development within the
Willamette River Greenway.
Staff: Gabe Flock, 541-682-5697, GFlock eugene-or.gov
Staff: Jeff Gepper, 541-682-5282, JGepper(a-_)eugene-or.gov
Page 1 of 65
B. ITEMS FROM COMMISSION AND STAFF
1. Other Items from Staff
2. Other Items from Commission
3. Learning: How are we doing
HOW TO ACCESS THE MEETING
This work session will be in hybrid format without the ability for public comment. Planning
Commission and staff will meet in person (or via virtually if needed). Members of the public can
watch or listen in using Zoom or phone in options below.
To watch a webcast of the meeting live:
1. Visit: httos://www.euaene-or.aov/2109/Plannina-Commission-Webcasts
2. Join on your computer, tablet or smartphone
Visit: https://eugene-or-gov.zoom.us/m/88568352100
Sign up to speak by clicking once on the "raise hand" icon
3. Join on your phone
Dial one of the below numbers and enter the Webinar ID: 885 6835 2100
+1 833-548-0276 (Toll Free); or
+1 833-548-0282 (Toll Free); or
+1 877-853-5257 (Toll Free); or
+1 888-475-4499 (Toll Free);
For higher quality, dial a number based on your current location.
International numbers available: https://eugene-or-gov.zoom.us/u/kbEgyMKe59
Page 2 of 65
AGENDA ITEM SUMMARY
February 14, 2023
To: Eugene Planning Commission
From: Gabe Flock, Principal Planner & Project Manager
Jeff Gepper, Senior Planner
Subject: Deliberations on Willamette River Greenway Code Amendments
(City File: CA 22-1)
ACTION REQUESTED
At this work session, Planning Commission will continue deliberations on the proposed
Willamette River Greenway Code Amendments. Staff will present additional materials and
topics for further discussion, following the last deliberations meeting held on January 24, 2023.
BACKGROUND
The purpose of the Willamette River Greenway Code Amendments project is to update
Eugene's Willamette River Greenway Permit approval process to provide a set of clear and
objective approval criteria for the review of housing development within the Willamette River
Greenway. If the proposed amendments are adopted, an applicant seeking to develop housing
within the adopted boundary of the Willamette River Greenway will be able to choose to
proceed under the new clear and objective standards, or choose to proceed using the City's
existing discretionary approval criteria. The proposed code amendments do not change the
adopted Willamette River Greenway Boundary, which has been in existence since the mid-
1970's.
The proposed clear and objective approval criteria are intended to ensure that housing
development within the Willamette River Greenway will continue to be reviewed for
consistency with the requirements of Statewide Planning Goal 15 (Willamette River Greenway),
and meet the "clear and objective" requirements of ORS 197.307 for housing. As discussed in
prior meetings on the topic, overall the proposed changes are intended to meet the City's
obligations under State law, reduce barriers to housing development, and maintain a balanced
approach to protecting the Willamette River Greenway with effective development standards.
In response to public input received as part of the first Planning Commission public hearing on
March 8, 2022, as well as Planning Commission deliberations and direction at the June 14, 2022
and August 2, 2022 Planning Commission meetings, staff updated the proposed Willamette
River Greenway Code Amendments with several changes to the draft code. The updates
generally included the following:
• Tree Preservation Standards Added
• Public Hearings Required for All Greenway Permits
• Greenway Setback Clarifications
• Parking Area Limitations Removed
Page 3 of 65
• Reduced Length of Building Facades
• Native Landscape Buffer Requirements Added
• Pedestrian Access Standards Mapping Updated
Second Public Hearing
The updated draft code and topics noted above were the subject of a second Planning
Commission public hearing held on January 10, 2023. At the public hearing, seven people
provided spoken testimony. Their comments touched on a variety of issues and concerns such
as the relationship between this project and the River Road - Santa Clara neighborhood
planning process, ensuring improved Greenway protections through this code amendment
process, protecting public access and existing park land, and requirements for native plantings
near the river. Following the close of the public hearing, the Planning Commission voted to hold
the Planning Commission record open for additional written testimony through S:OOpm on
January 20, 2023.
Deliberations
At the last deliberations meeting held on January 24, 2023, the Planning Commission's
discussion was focused on several key topic areas, which were also addressed in more detail as
part of the previous agenda packet materials:
• Things the Proposed Code Amendments Will Not Do
• Relationship to River Road-Santa Clara (RRSC) Neighborhood Plan
• Statewide Planning Goal 5 and Goal 15 Relationship
• Other Related Development Standards (Stormwater, Building Height, etc.)
• Further Review of Proposed Tree Preservation Standards
• Native Landscape Buffer Requirements
• Pedestrian Access Standards & Mapping Updates
Several requests for additional information and further analysis arose as part of the discussion,
which are addressed by topic areas in a staff memo included as Attachment A. These topic
areas and related materials will be the focus of this deliberations meeting, leading toward a
possible recommendation on the proposed code amendments. The topic areas addressed in
the memo and related attachments include the following:
• Willamette River Greenway Permits - 15 Year History
• Landscape Buffer Dimension & Native Species
• Undeveloped and Partially Developed Properties Near the Riverfront Path System
• Public Access Points - Mapping and Related Standards
• Site Examples
Staff is also preparing draft findings to demonstrate compliance with the approval criteria for
the proposed code amendments, to be presented for review at a subsequent meeting
(tentatively scheduled on March 14, 2023) pending any further direction on whether additional
draft code revisions may be necessary before reaching a recommendation. The goal of this
deliberations meeting will be to identify any potential draft code revisions that may needed for
additional review, and to be addressed in the draft findings.
Page 4 of 65
PROCEDURAL SUMMARY
As noted in prior materials for this project, the proposed land use code amendments are
subject to Type V application (legislative) procedures (EC 9.7500 through EC 9.7560), as well as
the approval criteria in EC 9.8065.
Notice of both prior public hearings on the proposed Willamette Greenway Code amendments
was provided consistent with the notice requirements for Type V (legislative) land use
applications. All written testimony received through the date of the second public hearing and
open record period ending on January 20, 2023 has been provided to the Planning Commission
for consideration. All testimony submitted to the Planning Commission, including any
testimony submitted after the end of the Planning Commission's open record period, will also
be forwarded to the City Council for consideration as part of their subsequent public hearing
process.
As a courtesy, written testimony received by the City, along with a variety of additional
materials including the online Greenway Setback map, prior meeting materials and recordings,
and the updated draft code can also be found on the City's project website at:
https://www.eugene-or.gov/764/Land-Use-Code-Amendments.
NEXT STEPS
The next deliberations meeting on the Willamette River Greenway Code Amendments is
tentatively scheduled for March 14, 2023, at which the Commission may reach a
recommendation on the proposed land use code amendments. Following Planning
Commission's recommendation, City Council will hold a public hearing and work sessions as
needed before taking final action on the proposed amendments later this year.
ATTACHMENTS
A. Staff Memo - Additional Information and Materials for Deliberations
A.1 Willamette River Greenway Permits - 15 Year History
A.2 Memorandum from Cameron McCarthy Landscape Architects and Planners
A.3 Supplemental Maps
A.4 Public Access Points - Updated Maps and Methodology
B. City of Eugene Adopted Native Plants List (Annotated)
C. Updated Draft Code (Revised Version 2, dated January 20, 2023)
FOR MORE INFORMATION
More information regarding the Willamette River Greenway Code Amendment project can be
found here: https://www.eugene-or.gov/764/Land-Use-Code-Amendments, or by contacting
staff directly:
Gabe Flock, Principal Planner & Project Manager
Telephone: (541) 682-5697
Staff E-Mail: gflock@eugene-or.gov
Jeff Gepper, Senior Planner
Telephone: (541) 682-5282
Staff E-Mail: Tepper@eu~ene-or.ov
Page 5 of 65
Attachment A
AAM4,MEMORANDUM
To: Eugene Planning Commission
From: Jeff Gepper, Senior Planner
Subject: Additional Information and Materials for Deliberations
Willamette River Greenway Code Amendments (City File: CA 22-1)
This memorandum provides additional information in response to public testimony and
requests from Commissioners at the January 10, 2023 public hearing and subsequent January
24, 2023 deliberations for the proposed Willamette River Greenway Code Amendments. The
specific topic areas include the following:
1. Willamette River Greenway Permits - 15 Year History
2. Landscape Buffer Dimension & Native Species
3. Undeveloped and Partially Developed Properties Near the Riverfront Path System
4. Public Access Points - Mapping and Related Standards
5. Site Examples
Any references to the Draft Willamette River Greenway Amendments are specifically referring
to Revised Version 2, which was published on January 20, 2023.
As mentioned in the AIS, prior to the Commission's next deliberation meeting (currently
tentatively scheduled for March 14), staff plans to present the Planning Commission with a set
of findings demonstrating consistency with the code amendment approval criteria at Eugene
Code (EC) 9.8065.
Attachments:
A.1 Willamette Greenway Permits - 15 Year History
A.2 Memorandum from Cameron McCarthy Landscape Architects and Planners
A.3 Supplemental Maps
A.4 Public Access Points - Updated Maps and Methodology
Page 1 of 13
Page 6 of 65
Attachment A
Topic 1: Willamette River Greenway Permits -15 Year History
A report summarizing the status of all Willamette River Greenway Permit applications received
in the last 15 years (2008-present) is provided in Attachment A. Here are some key takeaways
from the report:
• Since 2008, 37 applications were submitted, of which 34 were approved, 2 withdrawn,
and 1 is currently under review
• Of the 34 approved applications, the development included in 19 of the applications
have been fully completed, and the remaining 15 are either under construction or have
not begun construction.
• Of the 37 applications, 21 were applied for by a public entity, such as the City of Eugene,
Eugene Water and Electric Board (EWEB), or the University of Oregon.
• Of the 37 applications, 16 include housing as part of the application.
• Of the 16 applications that included housing for private development, 6 proposals were
within 300 feet of the proposed Top of Bank (i.e. included property in the proposed
Greenway Setback Area or Tree Preservation Zones 1 & 2).
The report provided in Attachment A.1 also includes a link to relevant application materials and
decisions for each application for anyone interested in reviewing specific applications, related
site plans and other documentation.
Topic 2: Landscape Buffer Dimension & Native Species
At the January 24, 2023 Planning Commission deliberations, Commissioner Ramey requested
more information and analysis regarding the proposed landscape buffer' that will be required
along the landward side of the Greenway Setback line. As proposed, the draft amendments
would require a 10-foot deep landscape buffer comprised of low screen landscaping ("L-2"),
which includes a continuous 30-inch high screen of low shrubs, one canopy tree for every 30
linear feet, and living plant material covering 70% of the required landscape area. Only native
plants may be planted in the landscape area.
Specifically, there was interest on the part of the Commission regarding other, existing code
provisions for a 10-foot deep landscape bed and whether that depth provides adequate room
for the required landscaping. The City's consultants at Cameron McCarthy Landscape
Architecture and Planning submitted a memorandum on February 9, 2023 that analyzes the
10-foot minimum depth standard for landscape beds and whether it is the appropriate depth
given other existing landscape standards throughout Eugene's land use code (see "Cameron
McCarthy Memo" in Attachment A.2). The Cameron McCarthy Memo concludes that proposed
10-foot landscape buffer width setback is sufficient to accommodate the largest permitted
canopy trees and low shrubs required to meet the L-2 Low Screen Landscape Standard.
1 The landscape buffer is required under EC 9.8812(3)(a) in the Draft Willamette River Greenway Code
Amendments.
Page 2 of 13
Page 7 of 65
Attachment A
As outlined in the Cameron McCarthy Memo, there are existing code provisions for a 10-foot
landscape bed for L-2 Landscaping; however, the more common standard for L-2 landscaping is
a 7-foot deep landscape bed. This standard is most often implemented along parking areas for
commercial and multi-unit developments. While the memo concludes that the 10-foot bed
provides adequate space for L-2 landscaping, staff also notes that there are examples
throughout Eugene demonstrating that the required 7-foot deep landscaping bed provides
adequate space for the required shrubs, canopy trees, and ground cover to be successful in
providing screening. Based on this new analysis and information, staff recommends the
landscape buffer either remain at the proposed 10-foot minimum depth, as proposed code
section EC 9.8812(3)(a), or be reduced from 10 feet to 7 feet.
In addition to their analysis of the landscape buffer dimensions, the Cameron McCarthy Memo
also analyzes the native species list for required tree and other plantings within the Greenway
Setback Area and the landscape buffer2. They conclude that "the list is comprehensive and
provides a sufficient range of species and options to respond to site conditions, conformance
with the L-2 standards, and commercial availability." They also note that "updating the list
periodically to respond to climate change and new species information is recommended but
not necessary at this time." Based on this supporting analysis and review, staff continues to
support the use of the Native Plants and Species list included in Exhibit F to Ordinance 20351,
as proposed in the draft amendments.
Topic 3: Undeveloped and Partially Developed Properties Near the Riverfront Path System
At the January 24, 2023, Planning Commission deliberations, Commissioner Isaacson requested
more information about properties within the Willamette River Greenway that have
development potential and are located near the riverfront path network. To identify these
properties, staff used a set of Supplemental Maps published in the summer of 2022 (see
Attachment A.3) that provides property specific information for the zoning, development
status, and other factors for lands within the Willamette River Greenway. While a significant
part of the Greenway is either developed or publicly owned, two areas have been identified
that contain multiple properties that are undeveloped or partially developed and near the
riverfront path running along the banks of the Willamette River. A brief description and maps of
those two areas are provided below.
Area 1: This area is primarily located in the River Road Neighborhood, with one other
undeveloped parcel located on the east side of the river in the Willakenzie area. Two of the
properties shown as undeveloped or partially developed have received Willamette River
Greenway Permit approval for housing developments, see notes in the map below for more
information. The property on the east side of the river is zoned C-2 Community Commercial
(see location #1), which would permit a variety of higher density housing or commercial
2 Required native species plantings are required under the proposed tree preservation requirements at EC
9.6885(2)(d)2. and EC 9.8030(13)(b)8. in the Draft Willamette River Greenway Code Amendments. These
provisions require native species selected from Exhibit F to Ordinance 20351 for any trees planted within the
Greenway Setback Area. Additionally, the landscape buffer must also be planted with native species from this
same list, as required at EC 9.8812(3)(d).
Page 3 of 13
Page 8 of 65
Attachment A
development. The remaining parcels that extend from River Road to the riverfront path system
(see location #2), are designated for Medium Density Residential and therefore intended for
future housing development.
Page 4 of 13
Page 9 of 65
Attachment A
Area 2: This area is also located in the River Road Neighborhood. Two of the properties shown
as undeveloped or partially developed have received Willamette River Greenway Permit
approval for housing developments, see notes in the map below for more information. The
remaining parcels are designated and zoned for Low-Density Residential and therefore
intended for future housing development.
Page 5 of 13
Page 10 of 65
Attachment A
While these two areas are some of the few major development opportunities for undeveloped
and partially developed properties, many other properties throughout the Willamette River
Greenway that are categorized as "developed" may be suitable for infill or redevelopment.
Therefore, applying standards consistently throughout the Willamette River Greenway is
important as properties continue to develop and redevelop incrementally over time.
Topic 4: Public Access Points - Mapping and Related Standards
As part of the proposed clear and objective approval criteria, EC 9.8812(4)(a)2. would require
multi-unit housing' developments to provide a public accessway connecting to other existing
public ways along the Willamette River, so long as the City can demonstrate consistency with
constitutional requirements, if the property is located more than 500 feet from a mapped
Public Access Point.
At the January 10, 2023 public hearing, staff provided the Planning Commission with a map
showing mapped Public Access Points and identifying which properties were more than 500
feet from those public access points. The map was intended to demonstrate which properties
would likely be subject to the access requirement. Following the public hearing, Commissioner
Behling noted that the map did not appear to accurately capture properties within 500 feet of a
public access point in all cases. In response this comment, staff revisited the methodology used
to create the Public Access Points4. During this review, it came to light that the original
methodology used to establish the location of public access points overlooked a number of
public access points and primarily included locations where a right-of-way or accessway
intersected the boundary of the Willamette River Greenway.
Since the public hearing, staff has worked to create a new set of mapped Public Access Points,
which can be seen in the maps provided in Attachment A.4. These points were established
using the refined methodology described and included in Attachment A.4, which was
thoroughly reviewed to ensure accurate and consistent methods for identifying Public Access
Points. An updated map of properties located more than 500 feet from a mapped Public Access
Point is included in Attachment A.4. One major takeaway of this exercise is that over the years
the City has established excellent public access to the riverfront path network to and along the
Willamette River throughout the Greenway. This is evidenced by the very few properties that
are identified as being more than 500 feet from a mapped Public Access Point.
Based on the new mapping, staff recommends that a map similar to the one shown in
Attachment A.4, identifying specific tax lots that are more than 500 feet from an established
public access point, be added as an exhibit to the final ordinance. This would allow users to look
at the map, find their property, and it would be clearly identified as either within or not within
s Multi-Unit Housing is defined as one or more buildings on a single lot or parcel containing 5 or more dwellings in
any configuration (See EC 9.0500). As the access requirement applies to Multi-Unit Housing only, the proposed
access requirement at EC 9.8812(4) would not be applicable to single-unit dwellings or middle housing.
4 Public Access Points were originally defined in the methodology as a point "where right-of-way intersects with
multi-use path connections."
Page 6 of 13
Page 11 of 65
Attachment A
500 feet of an access point. A draft of this proposed revision to the draft code change is shown
in the figure below.
EC 9.8812(4) Access.
The following standards apply to any proposed housing that will result in 5 or more
dwelling units on one development site:
Where the development site abuts publicly owned land, on-site pedestrian
paths shall be provided from the 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).
Where the development site is Ineated identified as bei i~ more than 500 feet
from a public access point -h^„ o,;,^ anin Exhibit X to Ordinance No. XXXXX, cnd
provided the City can mare findings to demonstrate consistency with
constitutional requirements. the Cityflnray-Lvill require the dedication and
improvement of a public accessway, csi5tent with the stem's at EG 9.6995
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
accessway shall be a minimum 10 feet in width, constructed in accordance with
public improvement standards. FeF purpese5 of this subsectien ,;thin 500
We G.rd-in-ance No. XXXXX.
If these changes are supported by the Planning Commission, they will be incorporated into the
next version of the Draft Willamette River Greenway Code Amendments.
Page 7 of 13
Page 12 of 65
Topic 5: Site Examples
At the January 24, 2023 Planning
Commission deliberations, staff
presented five site examples
intended to illustrate how
properties would be impacted by
the proposed Greenway Setback
and Tree Preservation Zones if they
choose to develop under the clear
and objective approval criteria. The
selected properties show a variety
of different property scenarios,
such as a vacant, commercially
zoned property, properties that are
only partially within the Greenway,
and developed property close to
the Willamette River. The five site
example locations can be seen in
the map to the right.
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Attachment A
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Page 8 of 13
Page 13 of 65
Site 1
Neighborhood: River Road
Zoning: R-1 Low Density Residential
Development Status: Partially Developed
Land Use Designation: Medium Density Residential
Auacnme
Area Square Feet
Site Size (Total) 80,150
nt H
% of Site
100%
Greenway Setback
12,100
15%
Tree Preservation Zone 1
15,300
19%
Tree Preservation Zone 2
15,300
19%
Tree Preservation Zone 3
37,450
47%
Outside of Greenway
-
0%
Page 9 of 13
Page 14 of 65
Attachment A
Site 2
Neighborhood: Willakenzie Area
Zoning: C-2 Community Commercial
Development Status: Undeveloped
Land Use Designation: Major Retail Center
Willamette River Greenway Permit: This site received approval for the
development of a 101-room hotel, but has not been developed yet.
(See WG 16-1)
Site Size (Total)
95,396
7
0
Greenway Setback
2,180
Tree Preservation Zone 1
13,100
1
4%
Tree Preservation Zone 2
5,720
6%
Tree Preservation Zone 3
-
0%
J
Outside of Greenway
74,396
78%
Page 15 of 65
Greenway
Setback
IVV
t
Subject
Site
Greenway
Boundary
Site 3
Neighborhood: River Road
Zoning: R-1 Low-Density Residential
Development Status: Developed
Land Use Designation: Low Density Residential
Site Size (Total)
MMM~
Htiacnm
Square Feet
18,556
ent H
% of Site
100%
Greenway Setback
1,980
11%
Tree Preservation Zone 1
8,520
46%
Tree Preservation Zone 2
7,880
42%
Tree Preservation Zone 3
176
1%
Outside of Greenway
-
0%
i
4 Subject
~o~flllC° Site 1
0 o
-jog
G ree nway
~Fd ~ oDW@ ~ . r .
Boundary
Greenway
Setback
Page 11 of 13
Page 16 of 65
Site 4
Neighborhood: River Road
Zoning: R-1 Low-Density Residential
Development Status: Undeveloped
Land Use Designation: Low Density Residential
Willamette River Greenway Permit: This site received approval for the
development of low-density residential. (See WG 19-7)
Attachme
Area Square Feet
Site Size (Total) 8,710
nt A
100%
Greenway Setback
-
0%
Tree Preservation Zone 1
-
0%
Tree Preservation Zone 2
-
0%
Tree Preservation Zone 3
8,710
100%
Outside of Greenway
-
0%
_ j
R LN R
.
y
7 +
1_7 I
Subject
Site - ' . - ' ± L
Vi
it
5
, Greenway - ..r►~
i
;Boundary
Greenway
Setback
V„ a~T
Page 17 of 65
Site 5
Neighborhood: Walnut Station
Zoning: Walnut Station Special Area Zone
Development Status: Developed
Land Use Designation: Commercial / Mixed Use
Site Size (Total)
20,037
100%
Greenway Setback
-
0%
Tree Preservation Zone 1
2,180
11%
Tree Preservation Zone 2
5,406
27%
Tree Preservation Zone 3
535
3%
Outside of Greenway
11,916
59%
Page 18 of 65
Attachment A
Attachment A.1
Willamette River Greenway Permits - 15 Year History
Below is a list of all Willamette River Greenway Permit Applications from 2008 to 2023. To learn more about each proposal, please click the link for the specific
application in column 1: "App # & Link".
WG 08-1
Approved
Complete
Yes
Construct single family dwelling
127 Arbor Drive
R-1/WR
PK Park (2727 Leo
WG 08-2
Approved
Complete
No
Baseball Park & Facilities (PK Park)
Harris Parkway)
PL/WR
PK Park (2727 Leo
WG 08-3
Approved
Complete
No
Baseball Park & Facilities (PK Park)
Harris Parkway)
PL/WR
1-5 Bridge Construction over
WG 08-4
Approved
Complete
No
Willamette River
1-5 Bridge
PL & PL/WR
1-5 Bridge Phase 11: Alton Baker.
Construct 1-5 Bridges, bike/ped
PL & PL/WR &
WG 09-1
Approved
Complete
No
paths, and associated work.
1-5 Bridge
ROW/WR
Construction of parking lot, and
associated site improvements to
WG 10-1
Approved
Complete
No
serve the U of 0 campus
1625 Millrace Drive
C-2/WR
Division to River
WG 10-2
Approved
Complete
No
West Bank Path Extension
Avenue
PL/WR
Intersection at
Transportation infrastructure for
Goodpasture and
WG 10-3
Approved
Complete
No
associated PUD
Alexander Loop
PL/WR
2727 Leo Harris
WG 10-4
Approved
Complete
No
U of 0 Soccer/Lacrosse Complex
Parkway
PL/WR
U of o Casanova Center extension
2727 Leo Harris
WG 10-5
Approved
Complete
No
and parking
Parkway
PL/WR
EWEB: Add 36" water line to the
WG 11-1
Approved
Complete
No
existing beltline bridge
Beltline Bridge
ROW
Open space, multi-use path
East portion of
WG 11-2
Withdrawn
N/A
No
through Alton Baker Park
Alton Baker Park
PL/WR & C-1
Page 19 of 65
Page 1 of 4
Attachment A.1
•
Construct a shared-use path to
Between Merry
connect to the City's existing West
Lane and West
R-1/PL/WR/WG
WG 12-1
Approved
Complete
No
Bank Path to Merry Lane.
Bank Path
& PL/WR/WG
Public open space (Rasor Park);
paved-shared use path (Rasor Park
WG 12-2
Approved
Complete
No
Connector)
Rasor Park
PL/ND/WR
Replace EWEB water main across
the Willamette River. New pipe
attached to existing Beltline Bridge.
Old pipe under the riverbed to be
PL/WR &
WG 12-3
Approved
Complete
No
abandoned.
Beltline Bridge
AG/WR
EWEB Downtown Riverfront.
Concurrent Code Amendments,
Metro Plan and Refinement Plan
Replaced with
amendments, Zone Change, and
POS/ND & MU
New
Willamette Greenway Permit for
& HDR, MU/ND
Application (see
implementation of the EWEB
Downtown
& HI/ND &
WG 12-4
Approved
WG 19-3)
Yes
Riverfront Master Plan.
Riverfront
POS/ND
Residential Cohousing
development with 29 dwelling
Under
units (Oakleigh Meadow Planned
Southeast terminus
WG 13-1
Approved
Construction
Yes
Unit Development)
of Oakleigh Lane
R-1
Eugene Townplace Suites, a 101-
Property East of
WG 16-1
Approved
Not Developed
No
room hotel
Valley River Inn
C-2/WR/SR
Market District Townhomes. 20
Under
Townhouses on South side of
135 Shelton
WG 16-2
Approved
Construction
Yes
Skinner Butte.
McMurphy Blvd
S-W/SR
100-unit multi-family apartment
building with 5-stories over 1 story
WG 17-1
Approved
Complete
Yes
parking garage
35 Club Road
C-2/SR
Lombard Apartments: 94 market
R-2/ND & R-
WG 17-2
Withdrawn
n/a
Yes
rate multi-family dwelling units
n/a
2/ND/SR
Page 20 of 65
Page 2 of 4
Attachment A.1
•
U of 0 Knight Campus: New
science building and associated
C-2 & S-RP & S-
WG 18-1
Approved
Complete
No
improvements
1505 Franklin Blvd
WS & /WR
U of 0 North Campus Conditional
U of 0 campus
Use Permit: Development of
between
Partial
university buildings, restoration,
Willamette River
S-RP/WR & S-
WG 18-2
Approved
Completion
No
and associated uses.
and Franklin Blvd
RP & S-WS/WR
Lombard Apartments: 94 market
393 Lombard
WG 18-3
Approved
Complete
Yes
rate multi-family dwelling units
Street
R-2/ND & SR
Campbell Senior Center: Expansion
WG 19-1
Approved
Complete
Yes
and renovation
155 High Street
PL/WR
4.1 Education Center: New modular
WG 19-2
Approved
Complete
No
building
200 North Monroe
PL/WR
Eugene Downtown Riverfront
Project: Approval of a City-initiated
package of related land use
applications necessary to
implement an updated concept
plan for redevelopment of the
Downtown Riverfront. Includes
S-DR/WR &
Code Amendments, Refinement
PL/WR & 1-
Under
Plan Amendments, Zone Changes,
Downtown
2/WR & S-W/SR
WG 19-3
Approved
Construction
Yes
Willamette Greenway Permit
Riverfront
& S-DR
Not
Bird Haven Subdivision: Create 12
End of Greenleaf
WG 19-4
Approved
Constructed
Yes
residential lots & private street
Avenue
R-1/WR
Under
Alton Baker Multi-Family: New
177 Day Island
WG 19-5
Approved
Construction
Yes
100-unit multi-family building
Road
C-2/WR/PD
Garden Avenue Apartments
Parking Lot: Construction of a new
59 space parking lot, landscaping,
utilities and access drive to serve
the new Garden Avenue apartment
Under
complex. The apartment building
WG 19-6
Approved
Construction
No
is outside of the Willamette River
1841 Garden Way
S-WS/WR
Page 21 of 65
Page 3 of 4
Attachment A.1
•
Greenway, and is not subject to
this application.
Not
Request for R-1 residential
South Side of
WG 19-7
Approved
Constructed
Yes
development
Thomason Lane
R-1
West side of N.
Delta Ridge Cottages: PUD for a
Delta Highway at
Under
mixture of Multi-family and other
intersection with
WG 20-1
Approved
Construction
Yes
residential uses (626 Units Total)
Umpqua Avenue
R-1
Between 615 River
Not
River Road Apartments: 48-unit
Road and the
WG 21-1
Approved
Constructed
Yes
apartment building
Willamette River
C-2/ND/SR/WR
Not
WG 21-2
Approved
Constructed
Yes
Single family dwelling
Oakleigh Lane
R-1/UL
U of 0 Indoor Football Facility
construct a new Indoor Football
Not
Practice Facility within the Autzen
Autzen Stadium
WG 21-3
Approved
Constructed
No
Stadium
Complex
PL/WR
U of 0 Knight Campus Phase II:
Request to construct a new
175,000 square foot
Across the Mill
bioengineering and applied
Race (north) of
scientific research and training
Knight Campus
Not
building as Phase 2 of the Knight
building at 1505
WG 22-1
Approved
Constructed
No
Campus.
Franklin Street
C-2 /WR
Not
Request to construct a single-
V
Under Review
Constructed
Yes
family dwelling
Loretta Way
R-1
Page 22 of 65
Page 4 of 4
Attachment A.2
CAMERON McCARTHY
LANDSCAPE ARCHITECTURE & PLANNING
MEMORANDUM
Willamette River Greenway Code Amendments (CA 22-1)
To: Gabe Flock, Principal Planner
From: Colin McArthur, AICP
Lauren Ransome, ASLA
Zak Johnson, ASLA
Date: February 9, 2023
Subject: Native Landscape Buffer
The proposed Willamette River Greenway Permit approval criteria include a new standard (EC 9.8810(3)(a)) that would
require a 10-foot native landscape buffer for development proposals reviewed under the new clear and objective track.
The buffer is required along the length of the Willamette River Greenway Setback. During Planning Commission
deliberations on January 24, 2023, Commissioners inquired about the width of setback, basis for the 10-foot width, and
whether the width was sufficient for plantings to reach mature health over time especially given the requirement for
exclusively native plantings. Commissioners also discussed the native plant list included in the code, the City's adopted list
of plant species for sites at or below 500 feet in elevation (Exhibit F to Ordinance No. 20351), and whether the list was
suitable for application in the Willamette River Greenway. This memorandum address and expands upon both topics.
LANDSCAPE AREA
As proposed, EC 9.8812(3)(a) would require that a "landscape area that meets the requirements of EC 9.6210 Low Screen
Landscape Standard (L-2) shall be provided along the length of the Willamette River Greenway setback" at a "minimum
depth of 10 feet". The proposed width is consistent with other setback and buffer standards in EC, in addition to having a
basis in best practices for plant establishment. Following are a few of the other setback standards in EC:
• All Residential zones and the C-1 Neighborhood Commercial zone have a 10-foot minimum front yard building
setback.
• The Public Land zone includes 10-foot minimum front yard and interior yard setback.
• The E-1, E-2, 1-2, and 1-3 zones require "landscaping that is at least 10 feet in width" for interior yard setbacks
abutting residential zones.
The proposed 10-foot landscape area width is consistent with best practices for healthy plant growth and mature sizing of
canopy trees and low shrubs, as required by the L-2 Low Screen Landscape Standard. Recommended planting area widths
and spacing can vary widely by species, however established recommendations in other documents in use provide guidance
on minimum width recommendations. The City of Eugene's Approved Street Tree List includes an 8-9 foot planting area
minimum requirement for many of the approved tree species included in Exhibit F to Ordinance No. 20531.1 Other regional
jurisdictions follow similar width recommendations to accommodate mature tree growth, including the City of Portland,
Eugene I Portland I Bend
cameronmccarthy.com
Page 23 of 65
Attachment A.2
Willamette River Greenway Code Amendments (CA 22-1)
City of Eugene
Native Landscape Buffer
February 9, 2023
whose Tree Density Standards require 10x10 foot minimum planting area for large canopy trees.' The City of Portland's
Tree and Landscaping Manual also recommends an 8-foot minimum planter width for several large canopy tree species that
also appear in Exhibit F.3
Recommended spacing for shrubs also varies by species but generally falls in the range of estimated mature height. The L-2
Low Screen Landscape Standard requires "[l]ow shrubs to form a continuous screen at least 30 inches high within 3 years
and maintained at a height not to exceed 42 inches." Shrubs that fall within the range of 2-4 feet tall will often require
approximately 2-4 feet of space to accommodate growth. To achieve a denser screen, low hedge plants can be planted
approximately 18 inches apart.4 Based on these findings, the proposed 10-foot landscape buffer width is sufficient to
accommodate the largest permitted canopy trees and low shrubs required to meet the L-2 Low Screen Landscape Standard.
NATIVE PLANT LIST
The proposed approval criteria require the landscape area to "be planted exclusively with native plants included on the
City's adopted list of plant species for sites at or below 500 feet in elevation, attached as Exhibit F to Ordinance No. 20351."
Approved species on the list have been selected for suitability in riparian conditions in close proximity to the Willamette
River. The list includes 16 tree species, 29 shrub species, and other vine, herbaceous, grasses, sedges, and rushes species.
The list includes a key to site suitability and applies to each species, that notes whether the species is suitable for shallow
water, water's edge, lower bank, and/or upper bank site conditions. Upper bank (UB) is defined as terraces above the
ordinary high-water line. The proposed 10-foot native landscape buffer would apply in both lower and upper bank
conditions given the variability of topography along the river's edge within proposed Willamette River Greenway Setback.
Landscape Architects, including a certified Arborist, from Cameron McCarthy reviewed the plant list for consistency with
native plant communities commonly found along the riparian corridor of the Willamette River and variety, in application
responding to different site conditions, and availability. The list is comprehensive and provides a sufficient range of species
and options to respond to site conditions, conformance with the L-2 standards, and commercial availability. Updating the
list periodically to respond to climate change and new species information is recommended but not necessary at this time.
REFERENCES
1 City of Eugene Parks and Open Space (2020). Approved Street Tree List and Planting Guide.
2 City of Portland Bureau of Development Services (2019). Tree Code Information Guide.
a City of Portland Bureau of Development Services (2017). Tree and Landscaping Manual.
° Washington State University Master Gardener Program (2015). Spacing of Landscape Plants.
CAt~EgeON MCARTHY Page 2
24 0
Willamette River Greenway Code Amendments (CA 22-1)
Other Lands' within Willamette Greenway Boundary
For analysis purposes, the term'b,her lands" N
UGB Committed Lands includes land wlthdevelopmencorredevelopment
potential and excludes comm ed landp5,00 ,00 000
,p Committed lands are defined Qty, C i ,
WRG 6 g~5 other Lands and Federal property, parks a Feet
school district property, ceme P"I"I,Illry 11
property, and, transportation rights-of-way. Miles
Willamette River Greenway Code Amendments (CA 22-1)
Map 1. Zoning of Other Lands' within Willamette Greenway Boundary
Q UGB 4 AG
213 R-1 1 R-4
1 For analysis purposes, the term "other lands"
includes land with development or redevelopment
IP
WRG Boundary 5 C-1
126 R-2 30 SAZ
potential and excludes comm ec and
Committed lands are defined c ,c p ~tA~, 3,000
6,000
Of 65
WRG Torfnggl a 63 C-2
3 R-3 8 PL
and Federal property, parks a
Feet 1
WRG Proposed Setback
453 Lots Total
drool district property; ceme
property, and, transportation righs-of-way.
Miles
Willamette River Greenway Code Amendments (CA 22-1)
Map 2. Development Status of Other Lands'
UGB Undeveloped / Vacant 1 For analysis purposes, the term "other lands" l
includes land with development or redevelopment
WRG Boundary Partially Vacant potential and excludes comm ed land
Committed lands are deflneda Qty, Cp~tA~, 3,000 6,000
WRG Torp6iqljai~cOf 65 Protected and Federal property, parks a Feet
school district property; cern I-Y
Miles
Q WRG Proposed Setback Developed property, and, transportation rights-of-way.
Willamette River Greenway Code Amendments (CA 22-1)
Map 3. Residential Zoning of Other Lands'
l
Q UGB 213 R-1 343 Total Lots 1 For analysis purposes, the term "other lands" Al
103.47 total Acres includes land with development or redevelopment
WRG Boundary 126 R 2 potential and excludes comm ed land
Committed lands are defined Gty, Cpfl,~tA~, 3,00 6,00
WRG Torp6iqlja Of 65 3 R-3 and Federal property, parks a Feet
school district property; ceme
Q WRG Proposed Setback 1 R-4 property, and, transportation rights-of-way. Miles
Willamette River Greenway Code Amendments (CA 22-1)
Map 4. Lots Affected by Proposed Setback of Other Lands
QUGB Affected Land 1 For analysis purposes, the term "other lands' 67 Lots includes land with development or redevelopment
WRG Boundary potential and excludes com1rr~jed Ian
14.49 Acres Committed lands are defined~s Ci Y, Ci,~D~e,3,000 6,000
WRG To Wll65 and Federal property; parks a
school district property cem Feet
Q WRG Proposed Setback property; and, transportation rights-0f--way Miles
gyres Rd
i y aaA / \ Oe
c~
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v
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W 2nd Ave • _ •
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Lane County/ LA University of •
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v 2 D
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v L < v
0.5 (D 3 I ~ (D
Miles (D
• Public Access Points Caution: This map is not suitable for legal, engineering, or surveying
purposes. This map in no way attempts to predict, determine, or
0 Willamette Greenway require what happens on individual lots.
O Eugene Urban Growth Data sources: City of Eugene, Lane County, RLID, DOGAMI.
BP Yf 65
Map Created January 2023 by City of Eugene Planning Division
111,
-vres Rd
4Tn ov
o
00
•
r
•
• • mds Park •
•
• •
cQ
-a
PS1~ • ley River
C •
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f
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Cal Young Rd
Crescent Ave
Willakenzie Rd
t
71o~
S*rtin Luther King J
,en
• ium
• • is
Skinner Butte
W 1st Ave • •
•
W 6th Ave • •
,I N W 7th Ave
Taxlots that are subject to access
standards are located more than
500 ft. walking distance from a
public access point.
v
s o
3 Ln
0.5
0 f
Ca' E 11th Ave •
W D
X, E 13th Ave Q
v,
v N University of
Oregon
0 _
1 L~
~ I N
AttachmerNt AA
I
Miles
• Public Access Points Q Willamette Greenway Caution: This map is not suitable for legal, engineering, or surveying
Taxlots Subject to Eugene Urban Growth purposes. This map in no way attempts to predict, determine, or
Access Standards Boundary require what happens on individual lots.
Taxlots Exempt from Data sources: City of Eugene, Lane County, RLID, DOGAMI.
Access S~Qkqf 65
Map Created January 2023 by City of Eugene Planning Division
A
•
Attachment A.4
Summary of Methodology Utilized to Determine Willamette River Greenway
Public Access Points and Taxlots Subject to Public Accessway Standards
Purpose
To identify and clarify in GIS (Geographic Information Systems) public access points and taxlots
within the adopted Willamette Greenway boundary Greenway that are farther than 500 ft
walking distance to a public access point.
Background
The proposed Willamette River Greenway Code Amendments include access requirements at
EC 9.8812(4) that apply to housing developments that proposes five or more dwelling units on
one development site. The standards require on-site pedestrian paths connecting main building
entrances to the property line nearest to the Willamette River Greenway, to promote access to
the river within the development site. In addition, when the development site is not within 500
feet of a defined public access point, the requirements give the City the option to require the
dedication and improvement of a public accessway that is 10 feet wide and constructed in
accordance with public improvement standards. If enacted and consistency with constitutional
requirements can be demonstrated, the required connection must extend from the property
line through or along the development site to existing public ways that provide a connection to
or along the Willamette River.
The following methodology details the determination of public access points and the following
service area analysis which determines taxlots not within 500 feet of a defined public access
point.
Methodology
Access Points
Public access points are defined and shown as mapped points where public right-of-way and
multi-use paths intersect with existing multi-use path connections inside the Willamette
Greenway overlay that lead to the Willamette River. The following methodology builds off of
work done by Cameron McCarthy who developed the initial public access points layer.
1. 'Select by Location' to select park polygons that intersect Willamette Greenway polygon.
Export selection to new layer.
2. Use 'Intersect' tool to create points where the lines/roads from the
Eugene_Ped_Network (from Lane Council of Governments or LCOG) intersect parks
within the greenway.
3. Manual revisions made to explode multipart points and remove false access points (i.e.
where a path wiggled in and out of a park slightly, creating multiple intersection points)
February 9, 2023 Page 1 of 3
Page 32 of 65
Attachment A.4
4. Steps 1-3 repeated for path intersections with the University of Oregon landscape zones
within the Greenway (i.e. North Campus area)
5. Resulting points from WG parks and UO/WG landscape merged into one layer.
6. Points were manually deleted where public access was wrongfully determined in the
above analysis (i.e. gated neighborhood, unimproved path)
7. The resulting points layer was manually revised to include':
1. Points where there are planned multi-use access paths noted in the Eugene 2035
Transportation System Plan (TSP)
2. Using 2021 aerial imagery, points that had been missed where improved right-
of-way and multi-use paths intersected with the greenway boundary or
intersected with multi-use paths leading to the Willamette River inside of the
Willamette Greenway overlay.
8. Two text attribute fields were then added to the access points layer: Location and CType
(Connection Type). Points were then assigned either Boundary or Internal under the
Location field and either Multi-use Path, Improved Street, or Bridge under the CType
field.
9. Points located on Improved Streets were manually revised to be moved to the
centerline of right-of-way.
Service Area Analysis
The service area analysis identifies two categories of tax lots: Tax Lots Within 500' of Public
Access Points Tax Lots Not Within 500' of Public Access Points The second category of tax lots
would therefore be subject to the standard at EC 9.8812(4)(a)2.
10. The taxlot layer from the Regional Land Information Database (RLID) was exported on
January 22, 2023 (the effective date of the TL layer)
11. The taxlot layer was then clipped to the HUB Willamette Greenway Layer. This layer will
be used with the resulting service area analysis to determine which taxlots are more
than 500' walking distance from a public access point.
12. A text attribute field, "Within500ft," was added to the clipped taxlot layer to be used
later on.
13. A service area analysis was then performed:
1. LCOGs Walking Network Dataset (based on data from OSM) was set as the
network dataset.
2. Created new service area analysis
3. Mode set to "On foot", Direction set to "Away from Facilities" and Cutoff set at
"500 ft."
4. Imported the Access Points Layer (developed in steps 1-9 above) as facilities.
1. In Field Mappings use geometry, OBJECTID was used as Field Name,
append to existing locations and Snap to Network were both checked
1 The manual revision of the public access points resulted in an addition of 66 points.
February 9, 2023
Page 2 of 3
Page 33 of 65
Attachment A.4
with a 25 ft snap offset. In the advanced menu, a 50 ft search tolerance
was set.
5. The BarriersToWalking layer from LCOGs network dataset was imported as Line
Barriers to the service analysis.
6. The Output Geometry was set at standard precision, overlap, and disks. The
Polygon trim distance was set at 50 ft in order to account for width of right-of-
way.
7. The service area analysis was run and resulted in a polygon layer.
14. Using the 'Select by Location' function, taxlots from the Taxlot layer developed in Steps
10-12 were selected where they intersected with resulting polygons from the service
area analysis. These taxlots are determined to be within 500' walking distance of a
public access point and are exempt from the standards.
15. Using calculate geometry, taxlots selected in Step 14 were noted as "Yes" within the
"Within 500 ft" attribute field.
February 9, 2023
Page 3 of 3
Page 34 of 65
Attachment B
Exhibit F to Ordinance No. 20351
Native and Non-Native Plant List
Page 35 of 65
Attachment B
Part 2
NATIVE PLANT SPECIES FOR SITES AT OR BELOW 500 FEET IN ELEVATION WITHIN
THE EUGENE UGB
The plant species included in this list are species that grow and propagate themselves in the Eugene
area through natural processes, are adapted to the weather, soils and hydrology of the area, and have
evolved in the area or been introduced to the area by natural causes. These native plant species are
distinguished from plant species that have been deliberately or accidentally imported or introduced
from other areas by humans or human activities.
This list applies to all habitat types, including riparian, upland and wetland areas, below 500 feet in
elevation within the UGB, except within the West Eugene Wetlands Plan area, and within seasonal wet
prairie habitats (see Part 3). To meet Eugene Code requirements for native plants, these species are to
be used within the specified geographic area and elevation. Do not substitute alternate species. You
must use the specific species, subspecies or variety listed.
Wetland Indicator Status and Site Suitability information in the table below is intended as a guideline
for identifying suitable locations for plant species based on additional site characteristics, such as soils
and hydrology.
Trees
Wetland
Indicator Site
Common Name Scientific Name Status Suitability
grand fir
Abies grandis
NOL
UB
vine maple
Acer circinatum
FACU+
UB
Oregon bigleaf maple
Acer macrophyllum
FACU
UB
white alder
Alnus rhombifolia
FACW
LB, UB
red alder
Alnus rubra
FAC
LB, UB
incense-cedar
Calocedrus decurrens
NOL
UB
Pacific dogwood
Cornus nutallii
NOL
UB
Oregon ash
Fraxinus latifolia
FACW
LB, UB
ponderosa pine
Pinus ponderosa
FACU
UB
black cottonwood
Populus balsamifera
FAC
LB
ssp. trichocarpa
Douglas-fir
Pseudotsuga menziesii
var. menziesii
NOL
UB
Oregon white oak
Quercus garryana var. garryana
NOL
UB
California black oak
Quercus kelloggii
NOL
UB
Pacific willow
Salix lucida
FACW+
WE, LB
ssp. lasiandra
western yew
Taxus brevifolia
FACU-
UB
western redcedar
Thuja plicata
FAC
UB
ExbQ~t,, Aprdinance No. 20351 Page 6
Attachment B
Shrubs
Wetland
Indicator
Site
Common Name
Scientific Name
Status
Suitability
serviceberry
Amelanchier alnifolia FACU
UB
var. semiintegrifolia
tall Oregon grape
Berberis aquifolium
NOL
UB
common buckbrush
Ceanothus cuneatus
NOL
UB
Suksdorfs hawthorn
Crataegus suksdorfii FAC
UB
var. suksdorfii
red-osier dogwood
Cornus sericea
FACW
WE, LB
California hazel
Corylus cornuta
NI
UB
var. californica
ocean spray
Holodiscus discolor
NOL
UB
osoberry/indian plum
Oemleria cerasiformis
NOL
UB
mock-orange
Philadelphus lewisii
NOL
UB
Pacific ninebark
Physocarpus capitatus
FAC+
WE, LB
chokecherry
Prunus virginiana
FACU
UB
var. demissa
cascara buckthorn
Rhamnus purshiana
FAC?
UB
straggly gooseberry
Ribes divaricatum
NI
UB
red currant
Ribes sanguineum
NOL
UB
baldhip rose
Rosa gymnocarpa
NI
UB
Nootka rose
Rosa nutkana
NI
LB, UB
blackcap
Rubus leucodermis
NOL
UB
thimbleberry
Rubus parviflorus
FACU+
UB
salmonberry
Rubus spectabilis
FAC
LB, UB
dewberry
Rubus ursinus
NOL
UB
Columbia River willow
Salix fluviatilis
OBL
SW, WE
Piper's willow
Salix hookeriana (piperi)
FACW
LB
Scouler's willow
Salix scouleriana
FAC
LB, UB
Sitka willow
Salix sitchensis
FACW
WE, LB
blue elderberry
Sambucus mexicana (cerulea)
FAC-
UB
red elderberry
Sambucus racemosa
FACU
UB
var. arborescens
Douglas spiraea
Spiraea douglasii var. douglasii
FACW
WE, LB
snowberry
Symphoricarpos albus
var.laevigatus
FACU
UB
oval-leaved viburnum
Viburnum ellipticum
NOL
UB
ExbQjtXAprdinance No. 20351 Page 7
Attachment B
Vines
Wetland
Indicator
Site
Common Name
Scientific Name
Status
Suitability
wild clematis
Clematis ligusticifolia
FACU
UB
orange honeysuckle
Lonicera ciliosa
NOL
UB
hairy honeysuckle
Lonicera hispidula
NOL
UB
Herbaceous Plants
Wetland
Indicator
Site
Common Name
Scientific Name
Status
Suitability
vanilla-leaf
Achlys triphylla
NOL
UB
baneberry
Actaea rubra
NOL
UB
pathfinder
Adenocaulon bicolor
NOL
UB
red columbine
Aquilegia formosa
FAC
LB, UB
wild ginger
Asarum caudatum
NOL
UB
lady-fern
Athyrium filix femina
FAC
WE, LB, UB
American wintercress
Barbarea orthoceras
FACW+
LB
camas
Camassia leichtlinii
FACW-
LB, UW
wood bittercress
Cardamine angulata
FACW
LB, UB
spring beauty
Cardamine nuttallii var. nuttallii
NOL
UB
small-flowered claytonia
Claytonia parviflora
NOL
UB
miner's lettuce
Claytonia perfoliata
FAC
UB
candyflower
Claytonia sibirica
FACW
UB
tall larkspur
Delphinium trolliifolium
NOL
UB
bleeding heart
Dicentra formosa
NOL
UB
coastal shield fern
Dryoptera arguta
NOL
UB
Watson's willow herb
Epilobium ciliatum (watsonii)
FACW-
LB
Oregon fawn lily
Erythronium oregonum
NOL
UB
large-leaf avens
Geum macrophyllum
FACW+
LB, UB
lowland cudweed
Gnaphalium palustre
FAC+
UB
Willamette valley gumweed
Grindelia integrifolia
FACW
WE, LB
cow-parsnip
Heracleum lanatum
FAC
UB
Pacific waterleaf
Hydrophyllum tenuipes
NOL
UB
bog St. John's-wort
Hypericum anagalloides
OBL
SW, WE
tiger lily
Lilium columbianum
FAC
UB
miniature lupine
Lupinus polycarpus
NOL
UB
riverbank lupine
Lupinus rivularis
FAC
UB
skunk cabbage
Lysichiton americanus
OBL
SW, WE
big smilacina
Maianthemum racemosa
FAG
UB
little smilacina
Maianthemum stellaum
FAG
UB
Oregon bigroot
Marah oreganus
NOL
UB
western bluebell
Mertensia platyphylla
NOL
UB
water montia
Montia fontana
OBL
SW, WE
ExbQjt,, Aprdinance No. 20351 Page 8
Attachment B
aquatic claytonia
Montia linearis
NOL
LB, UB
small forget-me-not
Myosotis laxa
OBL
SW, WE
small-flowered nemophila
Nemophila parviflora
var. nemophylla
NOL
UB
water-parsley
Oenanthe sarmentosa
OBL
SW, WE
sweet cicely
Osmorhiza berteroi
NOL
UB
w. yellow wood sorrel
Oxalis suksdorfii
NOL
UB
sweet colt's-foot
Petasites frigidus
FACW
LB
var. palmatus
woodland phacelia
Phacelia nemoralis
FACU
UB
swordfern
Polystichum munitum
NOL
UB
Hooker's fairy bells
Prosartes hookeri
NOL
UB
self-heal
Prunella vulgaris var. lanceolata
FACU+
UB
white water buttercup
Ranunculus aquatilis
OBL
SW,WE
woods buttercup
Ranunculus uncinatus
FAC
UB
western dock
Rumex occidentalis
FAG
UB
var. procerus
willow leaved dock
Rumex salicifolius
FACW
WE
Pacific sanicle
Sanicula crassicaulis
NOL
UB
yerba buena
Satureja douglasii
NOL
UB
small-fruited bulrush
Scirpus microcarpus
OBL
WE
Hitchcock's blue-eyed grass
Sisyrinchium hitchcockii
NOL
UB
hedge-nettle
Stachys mexicana
FACW
LB, UB
fringecups
Tellima grandiflora
NOL
UB
western meadowrue
Thalictrum occidentale
FACU
UB
tall western meadowrue
Thalictrum polycarpum
NOL
UB
piggy-back plant
Tolmiea menziesii
FAC
LB
star-flower
Trientalis latifolia
FAG
UB
sessile trillium
Trillium albidum
NOL
UB
western trillium
Trillium ovatum ssp. ovatum
NOL
UB
stinging nettle
Urtica dioica
FAC+
UB
inside-out flower
Vancouveria hexandra
NOL
UB
American vetch
Vicia americana
NI
WE, LB
woodland violet
Viola glabella
FACW+
UB
Grasses, Sedges, Rushes
Wetland
Indicator
Site
Common Name
Scientific Name
Status
Suitability
Dewey's sedge
Carex deweyana var. leptopoda
FAC+
UB
Henderson's sedge
Carex hendersonii
NI
LB
green-fruited sedge
Carex interrupta
OBL
SW, WE
slough sedge
Carex obnupta
OBL
SW, WE
sawbeak sedge
Carex stipata var. stipata
NOL
WE, LB
needle spikerush
Eleocharis acicularis
OBL
SW, WE
ExbQ~t j Aprdinance No. 20351 Page 9
Attachment B
creeping spikerush
Eleocharis palustris
blue wild-rye
Elymus glaucus ssp. glaucus
tall manna grass
Glyceria striata
meadow barley
Hordeum brachyantherum
taper-tip rush
Juncus acuminatus
three-stamen rush
Juncus ensifolius
common rush
Juncus effusus
shiny rush
Juncus laccatus
pointed rush
Juncus oxymeris
spreading rush
Juncus patens
slender rush
Juncus tenuis
onion grass
Melica subulata
Key to Wetland Indicator Status
OBL
SW, WE
FACU
UB
FACW+
WE, LB
FACW
WE, LB
OBL
SW, WE
FACW
WE, LB
FACW+
SW, WE
NOL
SW, WE
FACW+
SW, WE
FACW
SW, WE
FAC
LB
NOL
UB
OBL = Obligate Wetland Plants. Under normal conditions, these plants almost always occur in
wetlands (estimated probability of wetland occurrence 99%).
FACW = Facultative Wetland Plants. Under normal conditions these plants are usually found in
wetlands, but also may be found outside wetlands (estimated probability of wetland occurrence
67-99%)
FAC = Facultative Plants. Under normal conditions, these plants are found equally in wetlands and
non-wetlands (estimated probability of wetland occurrence 33-66%).
FACU = Facultative Upland Plants. Under normal conditions, these plants are most likely to be found
in non-wetlands (estimated probability of wetland occurrence 1-33%).
UPL = Obligate Upland Plants. These plants are almost always found in non-wetlands, and are
expected to be found in wetlands less than 1 % of the time.
NOL = Not on U.S.F.W.S. wetland plant list.
Key to Site Suitability
SW = Shallow water
WE = Water's edge
LB = Lower bank
UB = Upper bank and terraces above the ordinary high water line
Wetland indicator status information is taken from:
"National List of Plant Species That Occur In Wetlands: Northwest (Region 9)," U.S. Fish and
Wildlife Service, May 1988; 1993 supplement.
Exhibit F to Ordinance No. 20351
Page 10
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Willamette River Greenway Code Amendments
Willamette River Greenway Code Amendments
Table of Contents
9.0500
Definitions ...................................................................................................................................2
9.3725
S-RP Riverfront Park Special Area Zone - Review Procedures
3
9.5750
Telecommunication Devices - Siting Requirements and Procedures
..4
9.6885
Tree Preservation and Removal Standards
..4
9.7005
Pre-application Conference
12
9.7030
Recordation of Certain City Decisions .
12
9.7055
Applications and Review Authorities
12
9.7305
Type III Application Requirements and Criteria Reference
13
9.7210
Notice of Application
13
9.7220
Notice of Decision
13
9.7305
Type III Application Requirements and Criteria Reference
14
9.7315
Public Hearing Notice
14
9.7335
Notice of Decision
15
9.7340
Expiration
15
9.7605
Filing of Appeal of Planning Director's Decision
15
9.7615
Public Hearing Notice
16
9.7635
Notice of Decision
16
9.7665
Public Hearing Notice
17
9.7685
Notice of Decision
17
9.8005
Applicability and Effect of Application Requirements, Criteria, and Concurrent Review
18
9.8030
Adjustment Review - Approval Criteria
18
9.8800
Purpose of Willamette River Greenway Permits
19
9.8805
Willamette River Greenway Permits - Applicability
20
9.8810
Willamette River Greenway Permits - Application Requirements
20
9.8811
Willamette River Greenway Setback - Clear and Objective
20
9.8812
Willamette River Greenway Permit Approval Criteria - Clear and Objective
21
9.8815
Willamette River Greenway Permit Approval Criteria - General
22
9.8825
Modifications to a Willamette River Greenway Permit
24
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Amendments Guide: The following types of text are included in the document below.
Existing Black Text = Existing land use code that will remain unchanged.
nderlined Blue Ti = Text proposed for addition to the land use code.
Strikethrough Red Text = Text proposed for removal from the land use code.
Highlighted Text = Text to be updated upon adoption of final ordinance.
*Minor Revision on January 20, 2023: At EC 9.6885(2)(a)2, a year ("2014") was added to the
edition of American National Standards Institute (ANSI) Section A300, Tree, Shrub and Other
Woody Plant Maintenance Standard Practices. This change is to correct a missing year citation
from the previous code amendments. This creates consistency within the section, as the other
references to ANSI standards also specific the "2014" edition.(See revision on Page 5)
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 gr 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 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.
Intensification (as used in Willamette _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 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
of-or placement of such subsidiary structures or facilities adjacent to the residence er placement ^f °„wh
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.
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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 adiacent 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
eenerally considered dependent on or related to water location needs.
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 Riv Greenway Boundaries.
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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Page 3 of 25
Page 43 of 65
1. Compliance with the criteria in EC 9.3725(1) Criteria for all Development above.
Attachment C
Willamette River Greenway Code Amendments
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.
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-unit dwellings on properties zoned S-RP Riverfront
Park Special Area Zone and located within the boundary of the Willamette River Greenway as
allowed by EC 9.3710. shall elect to proceed either Dursuant to the criteria in subsection (a) or
ursuant to the criteria in EC 9.8812.
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.
9.6885 Tree Preservation and Removal Standards.
(1) Exemptions from Standards. The standards in this section do not apply to activities
regulated under EC 9.4900 through 9.4890, or an application for development activity
that includes or will result in:
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(c) Land Use Approvals. Any tree removal on property subject to an approved
Ceonditional Uese Ppermit, P-planned Uenit Ddevelopment, Ssite Review, e-F
Ssubdivision, or Willamette River Greenway Permit that includes a tree
removal/preservation plan or conditions related to tree removal or retention. In
those areas, that plan or city approved modifications thereto control tree
removal. This exemption does not apply to the removal of a street tree, which
must be authorized by a permit issued pursuant to EC 6.305.
(2) Tree Preservation and Removal Standards. The standards in this subsection apply
only to land use applications processed under EC 9.8100, EC 9.8325, EC 9.8445, a-R4
EC 9.8520, and EC 9.8812. Unless exempt under subparagraph (lad) below, no permit
for a development activity subject to this section shall be approved until the
applicant demonstrates compliance with the standards in this subsection.
(a) Definitions. For the purposes of this subsection (2), the following definitions
apply:
1. Critical Root Zone (CRZ). That area surrounding a tree that has a radius of 12
inches multiplied by the diameter breast height expressed in inches of the
tree trunk or trunks.
Tree Removal. To fell or sever a tree or to use any procedure the natural
result of which is to cause the death or substantial destruction of the tree.
Substantial destruction includes actions that destroy more than 20% of the
critical root zone of a tree, or topping, or severing the cambial material on
50% or more of the circumference of the tree trunk. Remove does not in any
context include those pruning standards as defined in the 2014 edition of
American National Standards Institute (ANSI) Section A300, Tree, Shrub and
Other Woody Plant Maintenance Standard Practices an effect At the tame the
(b) For the purposes of this subsection (2), the South Hills Area is defined as all
property located within the City's adopted Urban Growth Boundary, above an
elevation of 500 feet, and:
1. South of 18th Avenue,
2. South of Franklin Boulevard and East of the intersection of 18th Avenue and
Agate Street, or
3. If 18th Avenue were extended from the intersection of 18th Avenue and
Willow Creek Road directly west to the Urban Growth Boundary, the area
south of that extension of 18th Avenue.
For the purposes of this subsection (2). the Willamette River Greenwav is
defined as all lands within the adopted Willamette River Greenwav Bound
established by Resolution No. 2592, and the Willamette River Greenway Setback is that
area identified on the Willamette River Greenway Setback Map adopted as Exhibit X to
Ordinance No. XXXXX.
(sd) Exemptions. A proposed development shall be exempt from the requirements
of EC 9.6885(2) if any of the following apply:
1. Except as provided in subparagraphs 4. and 5., the area of the development
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site is less than 20,000 square feet.
2. Except as provided in subparagraph 5., f-Pive or fewer significant trees exist
on the development site prior to development.
3. Except as provided in subparagraph 5., tThe development site is zoned R-2
Medium- Density Residential, R-3 Limited High-Density Residential, R-4 High
Density Residential, GO General Office, C-2 Community Commercial, or C-3
Major Commercial zones.
4. Notwithstanding subparagraph 1., development sites that include property
at or above 900 feet elevation are subject to the requirements of EC
9.6885(2), regardless of the area of the development site.
5. Notwithstanding subparagraphs 1. through 4. above, any portion of a
development site located within Willamette River Greenway Tree
Preservation Zones 1-3. as depicted on Figure 9.6885(2)(e). shall be subiect
to the reauirements of EC 9.6885(2).
(dJ Tree Preservation Requirements. Unless adjusted per EC 9.8030(13), significant
trees must be preserved in accordance with the requirements of Table
9.6855(2)(4j e. Minimum preservation is based on the total existing Diameter
Breast Height (d.b.h.) of significant trees within each specific location category
prior to development. Maximum mitigation is the percentage of the minimum
preservation that may be mitigated according to subsection 2. below.
Table 9.6885(2)( 4) Tree Preservation and Mitigation
Minimum
Maximum
Location Category
Preservation
Mitigation
Outside the South Hills Area
40%
100%
Within the South Hills Area, between 500 feet and 900 feet elevation
50%
50%
Within the South Hills Area, at or above 900 feet elevation 50% 0%
9.6885(2)(e)) , in
50% 0%
Willamette River Greenway Tree Preservation Zone 2 (See Figure 50% 50%
9.6885(2)(e))
Willamette River Greenway Tree Preservation Zone 3 (See Figure 40% 100%
9.6885(2)(e))
A Tree Preservation and Removal Plan is required except as provided in EC
9.6885(2)(ed) or EC 9.6885(2)(ed)3. The plan must be prepared by a certified
arborist, licensed landscape architect, licensed engineer, or licensed surveyor
and shall provide the following:
a. A table, organized by the location categories listed in Table
9.6885(2)(de), listing all significant trees on the development site and
including the following information for each listed tree:
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(1) Diameter Breast Height (d.b.h.)
(2) Preservation, removal, or mitigation status
(3) Common name, genus and species
b. A site plan that includes the following information:
(1) The locations of all significant trees on the development site, the
Diameter Breast Height (d.b.h.) for each significant tree, whether
each significant tree is to be preserved, removed, or mitigated
according to EC 9.6885(2)(ed)2., and the location of the critical
root zone (CRZ) for each significant tree to be preserved.
(2) The location of all existing and/or proposed public and private
utility easements, driveways, and areas of grading or excavation
on the development site.
(3) The location of all existing development on the site as well as the
location of development proposed in the land use application
that triggers the requirement for a Tree Preservation and
Removal Plan.
(4) Proposed lot or parcel boundaries.
(5) For development sites with any portion located within the South
Hills Area, identification of areas at or above 500 feet elevation
and areas at or above 900 feet elevation.
c. A written statement from a certified arborist or licensed landscape
architect that the Tree Preservation and Removal Plan meets EC
9.6885(2)( 4) Tree Preservation Requirements. If the Tree Preservation
and Removal Plan is prepared by a certified arborist or licensed
landscape architect, then the written statement otherwise required by
this subparagraph is not required.
Mitigation. An applicant may elect to mitigate a portion of the minimum
preservation of significant trees on the development site as provided below:
a. The maximum d.b.h. that can be mitigated shall be based on location
category as provided in Table EC 9.6885(2)(de) Tree Preservation and
Mitigation.
b. Proposed subdivisions in areas outside of the South Hills Area and
of itside of the Willamette River Greenway Boundary may mitigate up to
100% of the minimum tree preservation requirement by either:
(1) Providing that lots up to 7,000 square feet in area will contain a
1911 minimum of two trees and lots 7,000 square feet or more will
contain a minimum of three trees; or,
(2) Providing one replacement tree for each significant tree
designated for mitigation.
C. Reauired mitigation may only occur within the Willamette River
Greenway Setback if the proposed trees to be planted are selected from
the native trees included on the City's adopted list of plant species for
sites at or below 500 feet in elevation. attached as Exhibit F to
Ordinance No. 20351.
d_c. Installation and Maintenance. Unless otherwise specified, each
significant tree designated for mitigation must be replaced with one
tree selected from the approved species listed in Table 9.6885(2)(ed)2
within one year from the date of removal or prior to final occupancy,
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Willamette River Greenway Code Amendments
whichever is later. Trees planted in accordance with subparagraph
2 e 2.b.b444 must be planted prior to final occupancy. At the time of
planting, deciduous trees used for replacement must have a minimum
diameter of 2 inches and evergreen trees used for replacement must be
a minimum of 5 feet in height as measured according to the 2014
edition of the American Standard for Nursery Stock (ANSI Z60.1),
published by the American Nursery and Landscape Association. Any
mitigation tre to be planted within the WillamE e River Greenway
Setback shall be selected from the native trees included on the City's
adopted list of plant species for sites at or below 500 feet in elevation,
attached as Exhibit F to Ordinance No. 20351.
de. The maximum mitigation allowance may be adjusted in accordance with
EC 9.8030(13).
Table 9.6885(2)(d )2. Approved Species List
Genus and Species
Common Name
Abies koreana
Silver Korean Fir
Abies pinsapo
Spanish Fir
Acer circinatum
Vine Maple
Acer ginnala
Amur Maple
Acer glabrum var. douglasii
Rocky Mountain Maple
Acer griseum
Paperbark Maple
Acer macrophyllum
Big Leaf Maple
Acer rubrum
Red Maple
Acer saccharum
Sugar Maple
Alnus rhombifolia
White Alder
Alnus rubra
Red Alder
Amelanchier alnifolia
Pacific Serviceberry
Arbutus menziesii
Pacific Madrone
Arbutus unedo
Strawberry Madrone
Arbutus 'Marina'
Marina Strawberry Tree
Betula nigra
River Birch
Calocedrus decurrens
Incense Cedar
Carpinus betulus
European Hornbeam
Carpinus caroliniana
American Hornbeam
Castanopsis cuspidate
Japanese Chinquapin
Catalpa speciose
Northern Catalpa
Cedrus atlantica
Atlas Cedar
Cedrus deodara
Deodar Cedar
Cedrus libani
Cedar of Lebanon
Celtis occidentalis
Common Hackberry
Cercidiphyllum japonicum
Katsura Tree
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Table 9.6885(2)(4 )2. Approved Species List
Genus and Species
Common Name
Chrysolepis chrysophylla
Golden Chinquapin
Cinnamomum chekiangense
Camphor Tree
Cornus nuttallii
Pacific Dogwood
Corylus colurna
Turkish Filbert
Cupressus arizonica
Arizona Cypress
Cupressus bakeri
Modoc Cypress
Cupressus leylandii
Leyland Cypress
Fraxinus latifolia
Oregon Ash
Fraxinus ornus
Flowering Ash
Ginkgo biloba (fruitless cultivars only)
Ginkgo
Koelreuteria paniculate
Goldenrain Tree
Maackia amurensis
Maackia
Nyssa sylvatica
Tupelo, Black Gum
Ostrya virginiana
American Hophornbeam
Oxydendrum aroboreum
Sourwood
Parrotia persica
Persian Ironwood
Picea smithiana
Morinda Spruce
Pinus ponderosa
Ponderosa Pine
Pinus ponderosa var. benthamania
Willamette Valley Ponderosa Pine
Pinus wallichiana
Himalayan Pine
Pistacia chinensis
Chinese Pistachio
Platanus acerifolia
London Plane
Prunus virginiana
Chokecherry
Pseudotsuga menziesii
Douglas Fir
Quercus acutissima
Sawtooth Oak
Quercus agrifolia
Coast Live Oak
Quercus alba
White Oak
Quercus bicolor
Swamp White Oak
Quercus chrysolepis
Canyon Live Oak
Quercus douglasii
Blue Oak
Quercus frainetto
Hungarian Oak
Quercus gambelii
Gambel Oak
Quercus garryana
Oregon White Oak
Quercus hypoleucoides
Silver Oak
Quercus ilex
Holly Oak
Quercus kelloggii
California Black Oak
Quercus lobate
Valley Oak
Quercus macrocarpa
Bur Oak
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Table 9.6885(2)(4 )2. Approved Species List
Genus and Species
Common Name
Quercus myrsinifolia
Chinese Evergreen Oak
Quercus palustris
Pin Oak
Quercus phellos
Willow Oak
Quercus rubra
Red Oak
Quercus shumardii
Shumardii Oak
Quercus suber
Cork Oak
Quercus wislizeni
Interior Live Oak
Rhamnus purshiana
Cascara Buckthorn
Salix lucida ssp. Lasiandra
Pacific Willow
Salix scouleriana
Scouler's Willow
Sciadopitys verticillate
Japanese Umbrella Pine
Sequoia sempervirens
Coast Redwood
Sequoiadendron giganteum
Giant Sequoia
Stewartia pseudocamellia
Stewartia
Styrax japonicus (japonica)
Japanese Snowbell
Taxodium distichum
Bald Cypress
Taxus brevifolia
Pacific Yew
Thuja plicata
Western Red Cedar
Tilia Americana
American Linden
Tilia cordata
Little Leaf Linden
Tilia tomentosa
Silver Linden
Tsuga canadensis
Canadian Hemlock
Tsuga heterophylla
Western Hemlock
Tsuga mertensiana
Mountain Hemlock
Tsuga sieboldii
Southern Japanese Hemlock
Ulmus americana
American Elm
Ulmus carpinifolia
Smoothleaf Elm
Ulmus parvifolia
Chinese Elm
Ulmus propinqua
Japanese Elm
Umbellularia californica
California Bay Laurel
Zelkovaserrata
Zelkova
Tree Preservation Area Alternative.
A Tree Preservation and Removal Plan is not required if the
applicant chooses to preserve at least 50 percent of the total
existing d.b.h. of significant trees on the development site within
one or more tree preservation area(s) and the following
requirements are met:
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(1) Tree preservation area(s) must be delineated and shown on
a site plan submitted for approval by the City.
(2) Applicant must provide written certification from a certified
arborist or licensed landscape architect stating that the
area(s) designated for tree preservation include(s) at least 50
percent of the total existing d.b.h. of significant trees on the
development site.
3) No trees within the Willamette River Greenwav Setback m
count towarc e 50 perce preservation requirement.
b. Mitigation is not allowed when the Tree Preservation Area
Alternative is used to meet tree preservation requirements, except
as approved through an adjustment review according to EC
9.8030(13).
4. Protection Standards. The following notes must be included on the final
plan set submitted for approval by the City and shall apply at the time of
development:
a. "Protective fencing for trees identified to be preserved shall be
installed by the applicant and inspected by the City prior to
beginning any development activities. All protective tree fencing
must remain in place until completion of all construction activities;
any relocation, removal, or modification of the protective fencing
shall only occur under the direction of a certified arborist and a
written explanation of the reason for the relocation, removal, or
modification of the protective fencing from the certified arborist
must be provided to the City."
b. "At the time of building permit, a site plan in compliance with the
approved tree preservation and removal plan is required."
C. "No excavation, grading, material storage, staging, vehicle parking
or other construction activity shall take place within protective tree
fencing areas."
d. "The removal of trees not designated to be preserved is optional;
removal may occur at the owner's discretion."
e. "Any tree designated for mitigation must be replaced with one tree
selected from the approved species listed in Table 9.6885(2)(de)2
within one year from the date of removal or prior to final
14 occupancy, whichever is later. At the time of planting, deciduous
trees used for replacement must have a minimum diameter of 2
inches and evergreen trees used for replacement must be a
minimum of 6 feet in height as measured according to the 2014
edition of the American Standard for Nursery Stock (ANSI Z60.1),
published by the American Nursery and Landscape Association.
Maintenance of replacement trees is the ongoing responsibility of
the property owner."
f. "In the event a tree designated to be preserved must be removed
because it is dead, diseased, dying, or hazardous, documentation
of the tree's dead, diseased, dying, or hazardous condition by a
certified arborist must be provided to the City prior to tree
removal. The tree must be replaced with one replacement tree
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selected from the approved species list in Table 9.6885(2)(de)2. At
the time of planting, deciduous trees used for replacement must
have a minimum diameter of 2 inches and evergreen trees used for
replacement must be a minimum of 6 feet in height as measured
according to the 2014 edition of the American Standard for
Nursery Stock (ANSI Z60.1), published by the American Nursery and
Landscape Association. Maintenance of replacement trees is the
ongoing responsibility of the property owner."
(ef) Street Tree Removal. If the proposal includes removal of any street tree(s),
removal of those street trees has been approved, or approved with conditions
according to the process at EC 6.305 Tree Felling Prohibition.
9.7005 Pre-application Conference.
(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. h
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
III
D
A
Greenway Permit
Clear and Olo ective
Willamette River
D
A
Greenway Permit -
General
Willamette River
II
D
A
Greenway Permit,
Modification
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9.7305 Type III Application Requirements and Criteria Reference.
Table 9.7305 Type III Application Requirements and Criteria
Type III Applications
Beginning Reference
Willamette River Greenway Permit - Clear and
EC 9.8800
Objective
Willamette River Greenway Permit - General
EC 9.8800
9.7210 Notice of Application.
1%,
(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 modification applications, to the Oregon
Department of Transportation and Oregon Parks and Recreation Department, by
certified mail, return receipt requested.
9.7220 Notice of Decision.
(1) Within 5 days after the planning director renders a decision, notice of the decision shall be mailed
to the following:
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(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 Greenwav Permit modification applications, to the
Oregon Department of Transportation and Oregon Parks and Recreation Department.
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 Greenwav Permit - Clear ar
Objective
-9.8800
Willamette Greenway Permit - General
EC 9.8800
Zone Changes*
EC 9.8850
9.7315 Public Hearing Notice.
(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 P-permits, public hearing notice shall also be provided to the
Oregon Department of Transportation and Oregon Parks and Recreation Department,
certified mail, return receipt requested.
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9.7335 Notice of Decision.
(e) For Willamette River Greenway Ppermits, to the Oregon Department of Transportation and
Oregon Parks and Recreation Department.
9.7340 Expiration.
(4) Unless the decision specifies otherwise, a Willamette 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 any time 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 Greenway Permit concurrently with Type V code
amendments and other plan amendments, plan adoption, or zone change; the Willamette
Riv( Greenway Ppermit 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.
(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
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director's proceeding shall be forwarded to the appeal review authority. New evidence
pertaining to appeal issues shall be accepted.
(3) The appeal shall include a statement of issues on appeal -^d"^'"~`ited to the .0°,--^° ramSe d
-tee 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.
(3) 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.
Department.
9.7635 Notice of Decision.
(4) 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:
(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.
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(f) For Willamette River Greenway Permit modification decisions, notice of the decision
shall also be provided to the Oregon Department of Transportation and Oregon Parks
and Recreation Department.
9.7665 Public Hearing Notice.
(5) At least 10 days prior to the hearing, written notice of the hearing shall be mailed to the
following:
(a) Applicant.
(b) Owner of the subject property.
(c) Appellant. ,
(d) Neighborhood group or community organization officially recognized by the city that
includes the area of the subject property.
(e) Any person who submitted written comments in regards to the original application.
(f) Any person who requested notice of the previous decision or of the appellate hearing.
(g) For Willamette River Greenway Permits, public hearing notice shall also be provided to
the Oregon Department of Transportation and Oregon Parks and Recreation
Department.
9.7685 Notice of Decision.
(6) 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.
(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.
For Willamette River Greenway Permits, notice of the decision shall also be provided to
the Oregon Department of Transportation and Oregon Parks and Recreation
Department.
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9.8005 Applicability and Effect of Application Requirements, Criteria, and Concurrent Review.
(2) If an initial proposal also requires an application be submitted for one or more of the following:
(e) Willamette River Greenway permit; or
9.8030 Adjustment Review - Approval Criteria.
The planning director shall approve, conditionally approve, or deny an adjustment review application.
Approval or conditional approval shall be based on compliance with the following applicable criteria.
(13) Tree Preservation and Removal Standards Adjustment.
The minimum tree preservation requirement and maximum mitigation allowance of EC
9.6885(2) may be adjusted if one of the conditions listed in subparagraph (a) below applies and
the proposed design complies with the criteria in subparagraphs (b) thFaugh e):
(a) Conditions. To qualify for an adjustment, one of the following conditions must apply:
1. Strict compliance with tree preservation and removal standards is not feasible due to
other requirements of this code or existing site constraints such as topography or other
natural features; or,
2. An adjustment to the minimum tree preservation and/or mitigation requirement is
necessary in order to achieve a net density greater than 75 percent of the maximum net
3. The existing trees required to meet the minimum preservation requirement are
unlikely to survive the level and type of anticipated development due to susceptibility to
windthrow or other natural causes of failure.
(b) Criteria To q' or an adjustment, the proposed design must meet the following
criteri
1. The proposed reduction min the minimum tree preservation requirement or increase
in mitigation allowance is necessary to accommodate a reasonable level of
development.
2. In no case shall the minimum tree preservation requirement be reduced below 30%
for areas at or above 900 feet elevation and areas within the Willamette River
Greenway Tree Preservation Zone 1, as depicted on Figure 9.6885(2)(e).
{c4 Except for areas at or above 900 feet elevation and areas within the Willamette
River Greenway Tree Preservation Zone 1 as depicted on Figure 9.6885(2)(e),
proposals may mitigate up to 100% of the minimum tree preservation requirement if
the following requirements are met:
A-1. For proposed subdivisions, new trees must be planted so that lots up to
7,000 square feet in area will contain a minimum of two trees and lots 7,000
square feet or more will contain a minimum of three trees.
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B-2. For all other developments, the proposed design must provide one tree per
dwelling unit.
develepme.nt site that -are unde.r _2 inr--hp-s Diameter Breast Height and listed in
Table 9.6445(2)(gd)2 nppFeyed Speemes i ost may be designated f^r p atie ^ and
(an liew of planting new tFee&~
4. For areas at or above 900 feet elevation, and areas within the Willamette River
Greenway Tree Preservation Zone 1 as depicted on Figure 9.6885(2)(e, mitigation is
limited to 10% of the minimum preservation requirement.
5. For areas within the Willamette River Greenway Tree Preservation Zone 2 as depicted
on Figure 9.6885(2)(e), mitigation is limited to 20% of the minimum preservation
requirement.
6. New trees planted to meet mitigation requirements are subject to the requirements
at EC 9.6885(2)(e)2.c. Installation and Maintenance.
7. Trees planted to meet applicable landscape standards may be counted toward
mitigation requirements.
8. Except as provided in subparagraph (9), existing trees that are located on the
development site may be designated for preservation and counted toward mitigation
requirements in lieu of planting new trees if:
A. The tree measures under 8-inches Diameter Breast Height (d.b.h.); and
B. The tree is listed in Table 9.6885(2)(e)2. Approved Species List.
8. The provisions of subparagraph (8) do not apply to portions of a development site
located within the Willamette River Greenway. Existing trees may be designated for
preservation and counted toward mitigation requirements in lieu of planting new
traac if-
A. The tree measures under 8-inches Diameter Breast Height (d.b.h.);
B. The tree is a species included on the City's adopted list of plant species for
sites at or below 500 feet in elevation, attached as Exhibit F to Ordinance No.
20351; and
C. The tree is located on the development site and within the Willamette
Greenway Boundary but outside of the Willamette River Greenway Setback.
No existing trees located within the Willamette River Greenway Setback may
count toward mitigation requirements.
For purposes of EC 9.8030(13):
1. "Willamette River Greenwav" means all lands within the adopted Willamette River
Greenway Boundary established by Resolution No. 2592.
2. "Willamette River Greenway Setback" is that area identified on the Willamette River
Greenway Setback Map adopted as Exhibit X to Ordinance No. XXXXX.
9.8800 Purpose of Willamette River Greenway Permits
pee al eensideratien befere
Fn %ith;n th^ hA-nd ,r,^,; ^fth^ Wmllam^+t^ Sr,, ,,l ; eratien ; requ4e4 The purpose of
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Willamette 2 ~nway Permits is 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.
-,II.,..,P,.J bUt eelpldi+i^"r, ^f algpr.,.,-,I be i.,-,r.^r^rl r.eel,,,,.d R essary to rr., + rRay the purpose and i.,+.,..+ ef. the \n/ill""'.-."++^ River GFeen ,a., and +e i.,r-rr.
+h-,+;; y intensification of uses
changes in use, r "leyelepments within the V.1011-,.,,,.,++^ Greenway boundaries a pate ,le yi*t ,
nearby uses ,.,i+hin the `41ll.,imet+^ Gr^^^,.,-,.,. Protection, conservation, enhancement, and maintenance
of the aualities of lands within the Willamette River Greenwav is achieved through the followine
mPasurPS*
(1) Review of intensification of uses, changes in use, and developments proposed within the
boundaries of the Willamette River Greenway.
(2) Imposition of conditions of approval as necessary to carry out the purpose and intent of the
Willamette River Greenwav.
9.8805 Willamette River Greenway Permits - Applicability
Willamette River Greenway permit applications are required for intensification of uses, changes in use,
or developments within the boundaries of the Willamette River Greenway aeeeF&4gestablished byte
Resolution No. 2592 Adopting a Willamette River Greenway Boundary. `4ill"^ ette Gr^^^..,a., .,^r i+
IpFeeeduFes FRay apply to Site Review applffieatiORS 1.YhP-.A site review appFeval is required OR AddotmAP tA
I.A.101I.amp-tte GFeeRway peFFRit appFeval. No develepmeRt permit Shall be .0-s-sued by the city prior to
9.8810 GeneFall Requirements Willamette River Greenway Permits - Application Requirements
(1) Willamette River Greenway Permit applications shall be considered in accordance with the
Type III application procedures contained in EC 9.7000 7300 through EC 9.7340 7935
Application Procedures,_ unless considered concurrently with a Type IV or Type V
application.
If the intensification of use, change in use, or development that triggers the requirement
for a Willamette River Greenway Permit includes or proposes housing, the written
statement submitted with the Willamette River Greenway Permit application shall clearly
state whether the applicant is electing to proceed under the Clear and Objective approval
criteria in EC 9.8812, or whether the applicant is electing to proceed under the General
approval criteria in EC 9.8815.
(~3) No development permit shall be issued by the city when a Willamette River Greenway
Permit is required for a proposed development until the Willamette River Greenway Permit
has been approved and becomes effective. Development permits shall be consistent with
the terms and conditions of that Willamette River Greenway Permit.
9.8811 Willamette River Greenway Setback - Clear and Objective
1) The Willamette River Greenway Setback is established to protect, maintain, preserve, and
enhance the natural. scenic. historic. and recreational aualities of the Willamette River
Greenway.
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(2) The Willamette River Greenway Setback is only applicable when the applicant elects to proceed
under the Clear and Objective approval criteria in EC 9.8812.
(3) The location of the Willamette River Greenway Setback is established by the Willamette River
Greenway Setback Map adopted as Exhibit X to Ordinance No. XXXXX.
4) No structures. other than the structures listed in subsection (4) may be built within the
Willamette River Greenway Setback.
required pursuant to EC 9.8812(4) are the only structures within the Willamette Greenway
Setback necessary to support water-related and/or water-dependent uses; therefore,
pedestrian paths and/or public accesswavs that are proposed or otherwise required pursuant to
EC 9.8812(4) are the only new structures that may be constructed within the Willamette River
Greenwav Setback pursuant to a Willamette River Greenwav Permit aaaroved under EC 9.8812.
9.8812 Willamette River Greenway Permit Approval Criteria - Clear and Objective
Unless an applicant proposing an intensification of use, change in use, or development that proposes or
includes housing elects to use the General criteria contained in EC 9.8815, approval, approval with
conditions, or denial of a Willamette River Greenway Permit that proposes or includes housing shall be
based solely on compliance with the following approval criteria:
(1) Greenway Setback.
(a) The application shall include a site plan that clearly depicts the location of the
Willamette River Greenway Setback on the subiect property, as shown on the
Willamette River Greenway Setback Map referenced at EC 9.8811(3).
(b) Consistent with the requirements of EC 9.8811(4), the application shall not propose any
new structures located within the Willamette River Greenway Setback except
pedestrian paths or public accesswavs proposed pursuant to EC 9.8812(4).
(2) Building Facade.
(a) For any new buildings, the maximum length of any building facade located within 100
feet of the Willamette River Greenwav Setback is 75 feet.
(3) Landscaping.
a) A landscape area that meets the reauirements of EC 9.6210 Low Screen Landscaae
Standard (L-2) shall be provided along the length of the Willamette River Greenway
Setback. The landscape area shall be located on the opposite side of the Willamette
River Greenway Setback from the river and shall be a minimum depth of 10 feet. These
reauirements are not adiustable under the provisions of EC 9.6210(2)(b) or EC
9.8030(3)(c).
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