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Ordinance No. 83-09 s r CITY OF TIGARD, OREGON ORDINANCE NO. $3 AN ORDINANCE AMENDING THE NATURAL FEATURES AND OPEN SPACE ELEMENT OF THE TIGARD COMPREHENSIVE PLAN FOR THE PURPOSE OF ESTABLISHING A FLOODWAY/GREENWAY POLICY; AND DECLARING AN EMERGENCY. WHEREAS, the City Council on January 24, 1983 voted unanimously to adopt the Natural Features and Open Space element of the Comprehensive Plan of the City of Tigard; and WHIEREAS, t1proposed Natural Features and Open Space element was adopted without a policy 3.2.1 relative to land form alterations in the floodway; and WHEREAS, the City Council has reviewed various options concerning a floodway policy at a public hearing. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The Natural Features and Open Space Element of the Tigard Comprehensive Plan is amended to include the floodway policy attached is Exhibit "A". Section 2: In order to provide a uniform date for the effectiveness of this series of Comprehensive Plan revisions to be adopted by the City Council in 1983, an emergency is declared and this portion of the Comprehensive Plan shall become effective on April 1, 1983. PASSED: By �i�1QNirY1„u vote of all Council members present, after being read by ;cumber and title only, this g day of Aidkvr 1983. Recorder- City'df T_r.g f APPROVED: By the Mayor, this day of 1983. Mmyor - City of Tigard OFr ORDINANCE NO. 83- dy (n91Zel r ,s a .,� EXHIBIT "A" ALTERNATIVE #3 Policy as submitted to the City Council following Planning Commission revisions on January 19, 1983 within the Natural Features and Open Space Element. 3.2.1 THE CITY SHALL: a. PROHIBIT LAND FORM ALTERATIONS AND DEVELOPMENT IN THE FLOODWAY*; AND b. PROHIBIT LAND FORM ALTERATIONS AND DEVELOPMENT IN THE FLOODPLAIN EXCEPT AS FOLLOWS: 1. LAND FORM ALTERATIONS AND DEVELOPMENT SHALL BE ALLOWED WHERE BOTH SIDES OF THE FLOODPLAIN ARE DESIGNATED AS EITHER INDUSTRIAL OR COMMERCIAL ON THE COMPREHENSIVE PLAN MAP AND THE FACTORS SET FORTH IN POLICY 3.2.2 CAN BE SATISFIED. 2. LAND FORM ALTERATIONS AND DEVELOPMENT SHALL BE ALLOWED WHERE ONE SIDE OF THE FLOODPLAIN IS PLANNED FOR RESIDENTIAL USE AND THE OTHER SIDE OF THE FLOODPLAIN IS PLANNED FOR COMMERCIAL AND INDUSTRIAL USE SUBJECT TO THE FOLLOWING LIMITATIONS: r (a) THE LAND FORM ALTERATION OR DEVELOPMENT IS ON LAND DESIGNATED ON THE COMPREHENSIVE PLAN MAP FOR COMMERCIAL OR INDUSTRIAL USE; (c) THE APPLICANT CAN DEMONSTRATE THAT DEVELOPING IN FLOODPLAIN IS REASONABLE AND NECESSARY FOR FINANCIAL FEASIBILITY TO SITE DEVELOPMENT; AND (d) THE FACTORS SETFORTH IN POLICY 3.2.2 WILL BE SATISFIED. 3.2.2 WHERE LAND FORM ALTERNATIVES AND DEVELOPMENT ARE ALLOWED WITHIN THE 100—YEAR FLOODPLAIN*, THE CITY SHALL REQUIRE: a. THE WATER STORAGE CAPACITY OF THE FLOODPLAIN AND STREAM FLOW CAPACITY OF THE FLOODWAY ADJOINING THE SITE BE MAINTAINED; C b. ENGINEERED DRAWINGS AND DOCUMENTATION PROVING THERE WILL BE NO UPSTREAM OR DOWNSTREAM CHANGES IN THE FLOODPLAIN AREA; C. THE PLANTING OF AN EVERGREEN BUFFER ON THE COMMERCIAL OR INDUSTRIAL LAND WHICH SCREENS THE DEVELOPMENT FROM VIEW BY THE ® ADJOINING RESIDENTIAL T_&ND (SFE BUFFER POLICY ) A?'?D WHICH IS SUFFICIENT WIDTH TO BE NOISE ATTENUATING; AND d. THE DEDICATION OF SUFFICIENT OPEN LAND AREA ADJOINING THE FLOODPLAIN AT A SUITABLE ELEVATION FOR THE CONSTRUCTION OF A PEDESTRIAN;BICYCLE PAT11WAY WITHIN THE FLOODPLAIN IN A.^.CORDANCE WITH THE ADOPTED PEDESTRIAN BICYCLE PLAN. *The Floodplain and Floodway as defined by the Federal Flood Insurance .Administrator.