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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/Discretionary:

(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 River Greenway Boundaries.

(a) Except as provided in subparagraph (b), development of properties zoned S-RP Riverfront Park Special Area Zone and located within the boundary of the Willamette River Greenway shall comply with the following:

1. Compliance with the criteria in EC 9.3725(1) Criteria for all Development above.

2. The height and bulk of the proposed development shall be designed to consider the impacts on public open space, especially the buffer strips along the Willamette River and Millrace, and to adhere to the height limitations specified along the Willamette River. Building setbacks shall be varied to avoid the effect of a continuous wall along the minimum setback line and to adhere to the requirement for protection of designated features (i.e., Millrace and pedestrian linkage to the Autzen Stadium footbridge).

3. To the greatest possible degree, the intensification, change of use, or development will provide the maximum possible landscaped area, open space, or vegetation between the activity and the river.

4. To the maximum extent practicable, the proposed development shall provide for protection and enhancement of the natural vegetative fringe along the Willamette River. This means protection and enhancement of trees and understory characteristic of native vegetation within the riparian strip along the Willamette River. It also means removal, and active management to prevent reintroduction of, disturbance vegetation such as Himalayan blackberries and English ivy. As used herein, the riparian strip means the area between the top of the river bank and the water’s edge.

5. To the greatest possible degree, necessary and adequate public access will be provided to and along the river by appropriate legal means.

(b) An applicant proposing to develop multiple-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 pursuant to the criteria in subsection (2)(a) of this section or pursuant 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.

(Section 9.3725, see chart at front of Chapter 9 for legislative history from 2/26/01 to 6/1/02; amended by Ordinance No. 20679, enacted November 30, 2022, effective January 1, 2023; Ordinance No. 20693, enacted July 12, 2023, effective August 18, 2023.)