DCA2008-00003ACA200 2' -00003
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MEMORANDUM
TO: Planning Division
FROM: Cheryl Caines, Assciate Planner (A---'
RE: FEMA Maps and PD Open Space Development Code Amendment
(DCA2008- 00003)
DATE: 7/15/09
The adoption of revised FEMA maps has been delayed due to appeals by affected jurisdictions. As
noted in the attached December 23, 2008 letter from Stephen Lucker with DLCD, a Letter of Final
Determination will not likely be issued until March 2010. Adoption of the revised maps must occur
within 6 months of the determination letter issuance. Due to the lengthy delay, I am withdrawing
the DCA request to adopt revised FEMA maps. A new, application will be filed after the Letter of
Final Determination is issued.
The PD open space amendments are being processed as part of a separate code amendment
(DCA2009- 00003).
0
• PRE -APP. HELD BY
CITY OF TIGARD PLANNING DIVISION
LAND USE PERMIT APPLICATION
City of Tigani Perm Carnet 13125 S W Hall Bhd, Ti�pn� OR 97223
Phone- 503.639.4171 Fax: 503.598.1960
File tl DCP,,R00e -doo 0 3 Other Case N
Date By Receipt # Fee J Date Complete
TYPE OF PERMIT YOU ARE APPLYING FOR
❑ Adjustment/Variance (I or II) ❑ Minor Land Partition (II) ❑ Zone Change (III)
❑ Comprehensive Plan Amendment (IV) ❑ Planned Development (III) ❑ Zone Change Annexation (IV)
❑ Conditional Use (III) ❑ Sensitive Lands Review (I, II or III) ❑ Zone Ordinance Amendment (IV)
❑ Historic Overlay (II or III) ❑ Site Development Review (II)
❑ Home Occupation (II) ❑ Subdivision (II or III)
LOCATION RE PROPOSED ACTIVITY WILL (Address it available)
C, WId
—r7N MAPS & AX L N
TOTAL SITE SIZE
NIN SIFT N
APPLICANT'
C•4y oic — l ! 6t.r ti
MAILIN RE S A IP
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13 ja s 5 cJ t4a-t( $ v d I LGr O O R g7Q,a 3
PHONE NO.
FAX N.
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PRIMARY CON I ACI PERS N
PHONE N.
Ch cry I Ca %,i e.s
(sL) 3 7l 8 -a -337
PROPER OWNER/DEED HOLDER (Attach t if more than one
of- Af lI C"Je-
LIN RE S IAI EIZIP
PHONE NO.
FAX NO.
When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written
authorization from the owner or an agent of the owner. The owners must sign this application in the space provided on the back of this form
or submit a written authorization with this application.
PROPOSAL SUMMARY ease be specific)
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APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS
DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET.
is \curpin \masters \land use applications \land use permit app.doc
•
THE APPLICANT SHALL CERTIFY THAT:
0
♦ If the application is granted, the applicant shall exercise the rights granted in accordance with the terms and
subject to all the conditions and limitations of the approval.
All the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are
true; and the applicants so acknowledge that any permit issued, based on this application, map be revoked if it is
found that any such statements are false.
♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands
the requirements for approving or denying the application(s).
SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED.
Owner's Signature
Owner's Signature
Owner's Signature
Owner's Signature
Owner's Signature
Applicant /Agent /Representative's Signature
Applicant /Agent /Representative's Signature
Date
Date
Date
Date
Date
lS a 0 S
Date
Date
0 0
MEMORANDUM
TO: Planning Division
FROM: Cheryl Caines, Associate Planner
RE: FEMA Code Amendment
DATE: 4/15/08
This application proposes to amend the Sensitive Lands (18.775) and Planned Development
(18.350) of the Tigard Community Development Code. Amendments to the Sensitive Lands
chapter are to incorporate revisions to the Flood Insurance Rate Maps (FIRM) and remain eligible
to participate in the National Flood Insurance Program (NFIP).
Chapter 18.775 Sensitive Lands,
18.775.010 Purpose
B. Implement comprehensive plan and floodplain management program. The regulations of this chapter
are intended to implement the comprehensive plan and the city's flood plain management program as
required by the National Flood Insurance Program, and help to preserve natural sensitive land areas
from encroaching use and to maintain the February 18, 2005, zero -foot rise floodway elevation.
18.775.040 General Provisions for Floodplain Areas
B. Special flood hazard. The areas of special flood hazard identified by the Federal Insurance
Administration in a scientific and engineering report entitled "The Flood Insurance Study of the City
of Tigard," effective February 18, 2005, with accompanying Flood Insurance Rate Maps effective
February 18, 2005, is hereby adopted by reference and declared to be a part of this chapter. This
Flood Insurance Study is on file at the Tigard Civic Center.
Department of LanaTonservation and Development
0
kiregnn
x N 635 Capitol Street NE, Suite 150
Theodore R. Kulongoski, Govemor GHQ Salem, Oregon 97301 -2524
86 G Phone: (503) 373 -0050
First Floor /Costal Fax: (503) 378 -6033
I Second Floor/ Director's Office: (503) 378 -5518
Web Address: http: / /www.oregon.gov /LCD
December 23, 2008
Mr. Dick Bewersdorff
Current Planning Director, City of Tigard
13125 SW Hall Blvd,
Tigard, OR 97223
Dear Mr. Bewersdorff,
h
DEC 2 9 2008
The purpose of this letter is to update you on FEMA's Washington County flood
mapping and the date for final delivery of the project.
As you may remember, on September 28, 2007 FEMA delivered Preliminary Flood
Insurance Rate maps (DFIRMs) and the associated Flood Insurance Study (FIS) to
communities in Washington County participating in the National Flood Insurance
Program (NFIP). Release of the preliminary maps and study opened a comment and 90-
day Appeal Period. In early November, 2007, meetings with representatives from
Oregon Department of Land Conservation and Development, FEMA, Clean Water
Services, Pacific Water Resources, local officials and the public were held to discuss the
significance of the study in terms of flood insurance and floodplain development.
Significant issues were raised during the Appeal Period, which caused delays in project
completion. FEMA now anticipates that a Letter of Final Determination will not be
issued until March 2010. The new projected Effective Date for the new flood insurance
rate maps is now fall, 2010. FEMA does not plan in offering a second appeal /protest
period.
What does this mean for your community?
Obviously, the current effective FIRM and FIS'will remain the official documents
regarding the National Flood Insurance Program until the new maps and study become
effective. We strongly urge you to not to distribute.the preliminary maps, digital data, or
any secondary products using the preliminary data to the public, or use them for anything
other than reference. Re- mapping could significantly alter the final product in certain
areas.
Second, please be aware that any Letters of Map Change (LOMA, LOMR_F, and
LOMRs) will be processed using the effective map. FEMA will attempt to incorporate
information from multi - parcel Letters of Map Revision into the new preliminary maps.
At some point, however, it will no longer be possible to incorporated fresh information
into the new DFIRMs. If you are aware of a large project in the works that would be
beneficial to include on the new DFIRM, please do what you can to encourage the
developer to submit the Letter of Map Revision application as soon as possible. Likewise,
if you are aware of an area within your jurisdiction that is inaccurately mapped and you
have supporting engineering data, DLCD encourages you to submit it to FEMA now.
Third, we encourage communities who have not completed a floodplain ordinance review
for compliance with the minimum floodplain management requirements of the NFIP (44
CFR 60) not to delay. The earlier issues are identified the better able DLCD is able to
assist you with necessary modifications to your ordinance. There are no changes in the
Model Ordinance as presented last fall.
The Department of Land Conservation and Development (DLCD) is disappointed in the
delay of the Washington County project. In our role as a limited cooperating technical
partner with FEMA, we continue to be available to assist in discussions with FEMA,
review community flood ordinances, help with GIS applications and data, and otherwise
do what we can ensure your community's success during (and beyond) this unexpected
setback. We will continue to monitor the progress of the revised project and inform you
of any changes.
Sincerely,
.""41
Stephen Lucker
Flood Map Modernization Coordinator
Cheryl Caines • •
From: Cheryl Caines
Sent: Monday, August 25, 2008 8:28 AM
To: 'ryan.miller @state.or.us'
Subject: FEMA Map Update
Ryan,
I am checking in to get an update on the adoption of the new FEMA maps. The last I heard was that the maps were
being appealed by Washington County and someone else. Do we have any updates or tentative timelines for adoption?
Thank you.
Cheryl Caines
Associate Planner
City of Tigard
(503) 718 -2437
Cheryl Caines • •
From: Cheryl Caines
Sent: Thursday, April 17, 2008 4:23 PM
To: Cathy Wheatley
Subject: Council Agenda Reschedule
Cathy,
I sent over a RTS for the July 22nd Council Meeting. The agenda item was to amend the Development Code for FEMA
map updates. The maps have been appealed due to errors. Once I have an determination date for the study /maps,
then I'll have a better idea of when the matter can be presented to Council. We have 6 months following the
determination date to adopt the code amendments /maps.
Please remove me from the July 22nd schedule. Thank you.
Cheryl Caines
Associate Planner
City of Tigard
(503) 718 -2437
Gary Pagenstecher • •
From:
Dick Bewersdorff
Sent:
Monday, February 04, 2008 8:10 AM
To:
Gary Pagenstecher
Cc:
Cheryl Caines
Subject:
RE: floodplain ordinance review
Let's have Cheryl do the ordinance since she hasn't down one before.
- - - -- Original Message---- -
From: Gary Pagenstecher
Sent: Friday, February 01, 2008 11:00 AM
To: Dick Bewersdorff
Subject: FW: floodplain ordinance review
Dick,
We'll have a six month period after the appeal period to revise 18.775.010.6 and 040.6 to be
consitent with new FIRM's effective date (tentatively September 29, 2008). The last time we
did this, I remember deciding not to change the other recommended language identified below
in Mark's email.
Gary
- - - -- Original Message---- -
From: Mark Darienzo [mailto:Mark.Darienzo @state.or.us]
Sent: Friday, February 01, 2008 8:43 AM
To: Gary Pagenstecher
Subject: floodplain ordinance review
Gary
I reviewed Tigard's ordinance. Your ordinance is still in great shape.
I only have a few comments for you to consider (see below).
If you have any questions, please let me know.
Sincerely
Mark Darienzo
COMMENTS
A. When you update your ordinance, reference the Flood Insurance Study
(FIS) by saying
"The Flood Insurance Study for Washington County, Oregon and incorporated areas dated
with accompanying Flood Insurance Maps"
This is the actual title of the FIS. The FIS report covers all incorporated and
unincorporated areas in the county. There will not be individual FIS reports with the city
name in the main title.
B. FEMA and DLCD recommend (but do not require) below -grade crawlspace language if
jurisdiction allows them. We also recommend critical facility language if applicable.
1
1. BELOW -GRADE CRAWL SPACE" & ns an enclosed area below the Oe flood elevation in which
the interior grade is not more than two feet below the lowest adjacent exterior grade and the
height, measured from the interior grade of the crawlspace to the top of the crawlspace
foundation, does not exceed 4 feet at any point" [This is a definition we developed based on
FEMA "s Below -grade Crawlspace Technical Bulletin 11 -01]
Ordinance language is attached. Starting on page 49 in "A Summary of NFIP Policy for Local
Officials" FEMA Region 10 Mitigation Division, January 2004. there is a good discussion of
below -grade crawlspaces and reasons for having specific language. If you do not have the
publication it's on our website at
http: / /www.oregon.gov /LCD /HAZ /docs /floods /nfip summary.pdf
2. "CRITICAL FACILITY" means a facility for which even a slight chance of flooding might be
too great. Critical facilities include, but are not limited to schools, nursing homes,
hospitals police, fire and emergency response installations, installations which produce, use
or store hazardous materials or hazardous waste" [This definition is from the model
ordinance]
Ordinance language
CRITICAL FACILITY
Construction of new critical facilities shall be, to the extent possible, located outside the
limits of the Special Flood Hazard Area
(SFHA) (100 -year floodplain). Construction of new critical facilities shall be permissible
within the SFHA if no feasible alternative site is available. Critical facilities
constructed within the SFHA shall have the lowest floor elevated three feet or to the height
of the 500 -year flood, whichever is higher. Access to and from the critical facility should
also be protected to the height utilized above. Floodproofing and sealing measures must be
taken to ensure that toxic substances will not be displaced by or released into floodwaters.
Access routes elevated to or above the level of the base flood elevation shall be provided to
all critical facilities to the extent possible. [This language came from the model ordinance]
Flood Map Modernization Coordinator
Department of Land Conservation and Development
Phone 503 - 373 -0050 ext. 269
Fax 503 - 378 -5518
http: / /www.lcd.state.or.us
F6
PACIFIO! Creative Solutions ... Superior Service
8405 S.W. Nimbus Avenue (503) 626 -0455 • Planning
• Beaverton, OR 97008 -7141 Fax (503) 526 -0775 • Engineering
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Cheryl Caines • •
From: Gary Pagenstecher
Sent: Thursday, February 28, 2008 7:47 AM
To: Cheryl Caines
Subject: FW: personnel changes in DLCD's flood program
Cheryl,
Just in case your code update involves questions of Mark of his successor. . .
Gary
- - - -- Original Message---- -
From: Mark Darienzo [ mailto :Mark.Darienzo @state.or.us]
Sent: Wednesday, February 27, 2008 1:05 PM
To: rjohnson @astoria.or.us; hbergsma @ci.beaverton.or.us; jduggan @ci.beaverton.or.us;
deasm@ci.canby.or.us; bartl @ci.cannon - beach.or.us; rreynolds @ci.cornelius.or.us;
epalmer @ci.damascus.or.us; djrobbins @ci. forest - grove. or. us; jholan @ci.forestgrove.or.us;
Jonathan Block; cathyd @ci.happy - valley.or.us; jasont @ci.happy - valley.or.us;
jenniferw @ci.hillsboro.or.us; dwells @ci. king- city. or. us; MacgregorG @ci.milwaukie.or.us;
manglek@ci.milwaukie.or.us; ddrentlaw @ci.oregon - city.or.us; Paul Espe; tbrown @ci.sandy.or.us;
pessemiert @ci.sherwood.or.us; drux @ci.tualatin.or.us; KHOFMANN @ci.tualatin.or.us;
mmckillip @ci.tualatin.or.us; planningdirector @ci.warrenton.or.us; BBrown @ci. west- linn. or. us;
Chris Kerr; kcupples @cityofseaside.us; SteveHan @co.clackamas.or.us;
PWINGARD@co.clatsop.or.us; ross _vanloo @co.washington.or.us; Steve _kelley @co.washington.or.us;
cityofdurham@comcast.net; gaston.city @comcast.net; cityadmin @freedomnw.com; lb @hevanet.com;
kjwon @mac.com; Don @NorthPlains.org; Dick Bewersdorff; Gary Pagenstecher
Subject: personnel changes in DLCD's flood program
To all
I will be retiring from DLCD. My last day is Feb 29th. Ryan Miller will be taking my place
(rvan.miller(@state.or.us or 503 - 373 -0050 ext 242). All correspondence about flood
ordinance /map adoption should be directed to him.
Thanks
Mark Darienzo
Flood Map Modernization Coordinator
Department of Land Conservation and Development
Phone 503 - 373 -0050 ext. 269
Fax 503 - 378 -5518
http: / /www.lcd.state.or.us
-i
NOV -02 -2007 FRI 09:28 AM MT FEMA REGION 10
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Facsimile Transmission
From:
Date:
Number of pages including cover:
FAX NO. 4254874613 P. 01
U.S. Department of Homeland Security
Region X
130 228'' Street SW
Bothell, Washington 98021 -9796
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Fax:
Phone:-
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NOV -02 -2007 FRI 09:28 AM MT FEMA REGION 10 FAX N0, 4254874613 P. 02
• *U.S. Department of Flumeland Security
Rcgion X
130 228th street, SW
Bothell, WA 98021.9796
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FEMA
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October 24, 2007
Craig Prosser
City Manager
City of Tigard
13125 SW Hall Boulevard
Tigard, Oregon 97223
Dear Mr. Prosser:
This letter is to confirm the final flood insurance and coordination meeting for the Washington
County, Oregon and incorporated Areas floodplain study. The topic of the meetings will be the
results of the new Flood Insurance Study (FIS) and associated preliminary flood Insurance Rate
Maps (FIRM) dated September 28, 2007. Representatives from the Oregon Department of band
Conservation and Development, Department of Homeland Security's Federal Emergency
Management Agency, Clean Water Services, and Pacific Water resources, Inc. will be in
attendance.
Two meetings will be held in Tigard on Wednesday, November 7, 2007, The first meeting will
be with local officials from Washington County and the incorporated cities of Beaverton,
Durham, King City, Sherwood, Tigard, and Tualatin at the Tigard Public Library Conference
Room, 13500 SW Hall Boulevard, from 1:30 -4 p.m. Please lot me know if you plan to attend,
After the staff meeting, l will hold a public meeting at the Water Building, 8777 SW Burnham
Street, from 6:30 to 8:30 p.m.
The purpose of these meetings is to provide an opportunity for officials and citizens of
Washington County and cities to become familiar with the results of the flood study and its role
as the primary regulatory tool used under the National Flood Insurance Program (NFIP) and
insurance industry to regulate Ioodplain development and rate flood insurance policies,
At these meetings, I will provide a brief background of the NFIP, discuss the significance of the
study in terms of flood insurance and floodplain development and explain the formal appeal
process that will go into effect following this final coordination meeting. City and county staffs
are highly encouraged to attend the meetings.
Copies of the preliminary F1S and preliminary FIRMS were sent earlier, I urge you to review the
report and maps in Order to discuss any problems or conflicts at the meeting. Additionally, a
sample press release was previously cmailed to the City by the Department of Land Conservation
and Development on October 22, 2007 and a copy is enclosed for your information.
www.fcma.gov
NOV -02 -2007 FRI 09:28 AM MT FEMA REGION 10
Craig Prosser
October 24, 2007
Page 2
FAX NO, 4254874613 P. 03
I look forward our meeting. If you have any questions, please call me at (425) 487 -4677.
Sincerely,
'Denise Atkinson
Floodplain Management Specialist
Enclosure
CC' Dennis Colmire, Public Works Director and Community Floodplain Admin,, Tigard ✓
Dick BewersdorfF, Community Development Director, Tigard
Gary Pag,enstecher, Community Development, 'Tigard
DA:bb
0
NOV -02 -2007 FRI 09:28 AM MT FEMA REGION 10 FAX N0, 4254874613
0 46
SAMPLE PRESS RELEASE (Tigard)
A Flood Insurance Study Revision has recently been completed in incorporated and
unincorporated Washington County, Oregon. This revision was done through a
partnership between FEMA and Clean Water Services. It includes updated floodplain
maps showing areas that would be inundated by the base flood (100 -year. flood)_ These
maps will be used by lending institutions and insurance agents in determining who must
purchase flood insurance and the cost of that insurance should it be necessary. In
addition, the maps will be used by the City and County Officials for floodplain
management and permitting purposes.
A new study was performed for rivers /streams in the area. The maps will provide
county -wide coverage noting new or revised political boundaries. These digital maps
will be compatible with local geographic information systems. In addition, the revision
includes a new panel layout based on the U.S. Geological Survey (USGS) 7.5 minute
quadrangle map grid.
The people most directly affected by the issuance of this study are those owning property
and /or living in the identified flood hazard areas. Interested persons from Tigard are
invited to attend a public meeting in Tigard from 6:30 to 8:30 p.m. on Wednesday,
November 7, 2007 at the Water Building (8777 SW Burnham Street). Representatives
from the Oregon Department of Land Conservation and Development, FEMA, Clean
Water Services, Pacific Water Resources, Inc. and local jurisdictions will be on hand to
discuss the study and its effects on local development.
P. 04