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 Willamette River Greenway Permit approval criteria 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 subject 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 accessways proposed or otherwise required pursuant to EC 9.8812(4).
(2) Building Facade. For any new buildings, the maximum length of any building façade located within 100 feet of the Willamette River Greenway Setback is 75 feet.
(3) Landscaping.
(a) 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. 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 requirements are not adjustable under the provisions of EC 9.6210(2)(b) or EC 9.8030(3)(c).
(b) Solid or Masonry walls are not permitted within the Willamette River Greenway Setback, or within the landscape area required by subparagraph (a).
(c) Fences are not permitted within the Willamette River Greenway Setback. Fences located within Willamette River Greenway Boundary and within 300 feet of the Willamette River Greenway Setback may not be constructed of barbed wire, chain link fencing, or cyclone fencing and must be at least 50 percent open (unobstructed to both light and air) to allow views through the fence.
(d) The landscape area required by subparagraph (a) must 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
(4) Access.
(a) The following standards apply to any proposed housing that will result in 5 or more dwelling units on one development site:
1. 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).
2. Where the development site is identified in Exhibit C-1 to Ordinance No. 20693 as being more than 500 feet from a public access point, and provided the City can make findings to demonstrate consistency with constitutional requirements, the City will require the dedication and improvement of a public accessway 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.
(5) Tree Preservation. Tree preservation is required in accordance with the provisions of EC 9.6885(2), Tree Preservation and Removal Standards.