Ordinance No. 84-36 CITY OF TIGARD, OREGON
.,.' ORDINANCE NO. 84- �
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AN ORDINANCE AMENDING AND REVISING THE FLOODPLAIN AND WETLANDS MAP AND .
AMENDING VOLUMES 1, 2 AND 3 OF THE COMPREHENSIVE PLAN AS ORIGINALLY ADOPTED BY
ORDINANCE 83-52 AND SETTING AN EFFECTIVE DATE.(CPA 14-84)
WHEREAS, the City of Tigard adopted a Comprehensive Plan for the City by
Ordinance 83-52 on November 9, 1983; and
WHEREAS, Volume i - Resource Document, Volume 2 - Findings, Policies and
Implementation Strategies, Volume 3 - Community Development Code and the
Floodplain and,Wetlands Map were adopted as part of the Comprehensive Plan; and
WHEREAS, the Comprehensive Plan, was submitted to the Land Conservation and
Development Commission (LCDC) on November 18, 1983; and
WHEREAS, the Land Conservation and Development Commission held an `
_. .. .. m on :-r-*1 74 109h; and
acknowledgement hearing on Tigard's s �ompreueusi'v2 �ba.. .... ..a_ ,
WHEREAS, at the April 26, 1984, LCDC Hearing, the Commission voted to continue
acknowledgement on Goal #5 with In Order to Comply Statements; and
WHEREAS, a public hearing was held before the Planning Commission on June 12,
1984 to consider the In Order to Comply Statements and a recommendation was
made to the City Council; and
WHEREAS, a public hearing was held before the City Council on June 25, 1984,
for Council consideration of the Planning Commission's recommendations.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section l: Ordinance- 84-28 as it amended Ordinance 83-52 is hereby
amended. Ordinance 84-28 is hereby amended by revising the
Floodplain and Wetlands Map as setforth in attached Exhibit
"A" to designate five specific areas as significant
resources. Those areas are: the Summer Creek Floodplain and
Riparian Forest, Krueger Creek, the Summer Creek Floodplain
and Riparian Forest at the east end of SW 135th, Fanno Creek
north of North Dakota and the 108/113 Tualatin Floodplain
Ravine.
Section 2: Ordinance 83-52 is amended to revise page I-42 of Volume I
Resource Document of the Comprehensive Plan to include a Fist
of those areas to be designated as significant wetlands to be
protected and preserved. Language to be added is underlined �
below and will be inserted at the beginning of "C. Special
Areas".
ORDINANCE NO. 84- Page 1
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"Protect the areas designated as significant wetlandson the
Floodplain and Wetlands map and prohibit conflicting uses on
those sites. The sites designated as significant wetlands are:
Summer Creek Floodplain and Riparian Forest
Krueger Creek
Summer Creek Floodplain and Riparian Forest at the
east end of SW 135th
Fanno Creek north of North Dakota
"Recognize the areas identified in Appendix I of the document
significant wetlands, drainageways and creeks. Allow,
conflicting uses as identified in Appendix I with
limitations. Require as part of the Site Development Review
process a showing of Goal #5 compliance by that development
which would have a significant impact on the protected areas
as listed below:
Tigard/Tualatin Fanno Creek Marsh and Floodplain
Tualatin River Floodplain west of Cook Park
Fanno Creek Park/Main Street
Fannn Creek. Hal l/Rnn .ta - Bonita Durham" - - -- -
Section 3: Policy 3.5.3 in Volume 2 Findings, Policies and
Implementation Strategies shall be amended as setforth below.
Items to be added are underlined, items to be deleted are
shown in [brackets].
1-3.5.3 THE CITY [SHALL DESIGNATE] HAS DESIGNATED THE 100-YEAR
FLOODPLAIN OF FANNO CREEK, IT'S TRIBUTARIES, AND THE
TUALATIN RIVER AS GREENWAY, WHICH WILL BE THE BACKBONE
OF THE OPEN-SPACE SYSTEM."
Section 4: Section 18.84.01 of the Community Development Code shall be
amended by adding a new Section C. Subsequent sections shall
be renumbered. Items to be added are underlined items to be
deleted are shown in [brackets]
"C. Development is prohibited within all areas designated as
significant wetlands on the Floodplain and Wetlands Map.
Devel02ment on property adjacent to significant wetlands shall
be done under the planned development section of the Community
Development Code. In addition, no development shall occur on
property adjacent to areas designated as significant wetlands
an the Floodplain and Wetlands Map within 25 feet of the
designated wetlands area.
Except as explicitly authorized by ether provisions of this
Chapter, all other uses are prohibited on sensitive land areas.
"[D.] E. A use established prior to the adoption of this Code, which
would be prohibited by this Chapter or which would be subject
to the limitations and controls imposed by this Chapter shall
t r be considered a nen-conforming use. Nonconforming uses shall
be subject to the provisions of Chapter 18.132 of this Code."
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ORDINANCE NO. 84 Page 2
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Section 5: Policy 3.1.1 in Volume 2 - Findings, Policies and
Implementation Strategies shall be amended as setforth below.
Items to be added are underlined.
Ad�f? �-�'
"3.1.1 THE CITY SHALL NOT ALLOW^IN AREAS HAVING THE FOLLOWING
DEVELOPMENT LIMITATIONS EXCEPT WHERE IT CAN BE SHOWN
THAT ESTABLISHED AND PROVEN ENGINEERING TECHNIQUES
RELATED TO A SPECIFIC SITE PLAN WILL MAKE THE AREA
SUITABLE FOR THE PROPOSED DEVELOPMENTYL:j (NOTE: THIS
POLICY DOES NOT APPLY TO LANDS DESIGNATED_AS
SIGNIFICANT WETLANDS ON THE FLOODPLAIN AND WETLANDS
MAP.
Subsections "a" through "e" will remain unchanged.
Section 6: Amend Volume 2 - Findings, Policies and Implementation
Strategies Document adding a Policy 3.2.4 as setforth below.
Language to be added is underlined.
"3.2.4 THE CITY SHALL PROHIBIT DEVELOPMENT WITHIN AREAS
DESIGNATED
S 0"l-G—I (CANT WETLANDS ON THE FLOODPLAIN
uLotvcscaic�u es3 a�ava.s.s s...._.e .._----
AND WETLANDS MAP. NO DEVELOPMENT SHALL OCCURL ON
PROPERTY ADJACENT TO AREAS DESIGNATED AS SIGNIFICANT
WETLANDS ON THE rLOViiMPLAIN AND WETLANDS :".AP WITHIN
TWENTY FIVE (25) FEET OF THE DESIGNATED WETLANDS
AREA. DEVELOPMENT ON PROPERTY ADJACENT TO SIGNIFICANT
WETLANDS SHALL BE ALLOWED UNDER THE PLANNED
DEVELOPMENT SECTION OF THE CODE."
Section 7: This Ordinance shall be effective on and after the 30th day
after its enactment by the Council and approval by the Mayor.
PASSED: By (Ana-sq i yays�+...5_ _ __ vote of all Council members present after
being read by number and_ title only this day of , 1984.
Deputy Recorder City of Tigard
APPROVED: This �-" day of 1984.
y - aty of Tigard
(0476P)
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ORDINANCE V. 84-' Page 3