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Ordinance No. 05-01 CITY OF TIGARD, OREGON ORDINANCE NO. 05-D] AN ORDINANCE AMENDING THE LANGUAGE OF TIE TIGARD COMPREHENSIVE PLAN, CHAPTER 3, NATURAL FEATURES AND OPEN SPACE, VOLUME II AND THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.775 BY REVISING REFERENCES TO THE UPDATED FEMA FLOOD INSURANCE STUDY (FIS) AND FLOOD INSURANCE RATE MAP (FIRM), EFFECTIVE FEBRUARY 18, 2005, AND REGULATING RECREATIONAL VEHICLES IN THE FLOODPLAIN(CPA2004-00003/ZOA2004-00002),AND DECLARING AN EMERGENCY. WHEREAS, the Federal Emergency Management Agency (FEMA) requires the Tigard City Council, as a condition of continued eligibility in the National Flood Insurace Program (NFIP), to adopt floodplain management regulations that meet NFIP standards; and WHEREAS, notice was provided to the Department of Land Conservation and Development 45 days prior to the first scheduled public hearing; and WHEREAS, the Tigard Planning Commission held a public hearing on December 20, 2004 and recommended approval of the proposed amendments by motion with a majaority vote in favor and one abstension; and WHEREAS,the Tigard City Council determined that the proposed language adequately addressed concerns regarding the FEMA request;and WHEREAS, the City Council has considered the applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the City Council has found the following to be the only applicable review criteria: Community Development Code Chapters 18.380, 18.390 and 18.775; Comprehensive Plan Policies 1.1.1,2.1.1,2.1.2, and 3.2; The Metro 2040 Plan; and Statewide Planning Goals 1,2, and 7; and WHEREAS, the City Council has determined that the proposed plan and zone ordinance amendments are consistent with the applicable review criteria and that approving the request would be in the best interest of the City of Tigard. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The specific text amendments attached as "EXHIBIT A" to this Ordinance are hereby adopted and approved by the City Council. ORDINANCE No. 05- 01 Page 1 SECTION 2: Council fords adoption of this ordinance is necessary for the peace, health and safety of the City;therefore,this ordinance shall take effect immediately upon passage. PASSED: By UA141'100US vote of all Coun it members present after being read by number and title only,this day of ,2005. Catherine Wheatley, City keeorder APPROVED: By Tigard City Council this. a 5`-day of '2005. c Craig Dir csen, Mayor Approved as to form: '4' �&: V Attorney Date ORDINANCE No. 05- 0/ Page 2 EXHIBIT A CPA2004-00003/ZOA2004-00002 PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN AND THE TIGARD DEVELOPMENT CODE, INCORPORATING REVISED FEMA REQUIREMENTS. DELETIONS indicated by STRIKEG T. ADDITIONS indicated by BOLD and UNDERLINE PROPOSED COMPREHENSIVE PLAN TEXT CHANGES: Chapter 3, NATURAL FEATURES AND OPEN SPACE Section 3.2, FLOODPLAINS (as referenced in the text by asterisks) *The Floodplain and Floodway, as defined by the Flood Insurance Study for the City of Tigard dated September 1, 1981 effective February 18, 2005: PROPOSED DEVELOPMENT CODE TEXT CHANGES: Chapter 18.775 SENSITIVE LANDS Section 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 4o maintain the--SeptembeF 1981 andwheFe d, the MaFeh 29 200kE2bruau 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 Stud of the City of Tigard,. dated S ^f.. nr '�-�- effective February18 2005, with accompanying Flood Insurance Rate Maps effective Februa is hereby adopted by reference and declared to e a part o this c apter., him Figedpi is on file-af the Tigard Civic Center. This Flood Insurance Study O. Recreational Vehicles. Recreational Vehicles laced on sites within Zones A9-A30 AH and on the commune s FIRM either: ji) Be on the site for fewer than 180 consecutive davs- ii) Be u licensedan readyor highway use on wheels or lackin s stem is attached o the site on uic isconnect t e utilities an secure devices, and has noPermanent-1v attachedaiEched additions, or (iii) 19-e-e-ffhe requirements of E, F, I an above and the elevation and anchorin re utrements or manu acturehomes.