Ordinance No. 90-22 CITY OF TIGAPD, ORD30N
ORDINANCE NO. 90� 2 Z
AN ORDINANCE AMENDING cCM*H1ENSIVE PIM POLICY 3.2.2 AND 3.2.3 AND TIGARD
MUNICIPAL CODE (TMC) CRAPTER 18.84, ALTAWING ALaTRATIONS IN 'TfM 100-YEAR
FLMDPLAIN 1N AREAS DESIGNP= AS RESIDENTIAL FOR (FAIN COMMUNITY REC[2E;ATION,
UMM, AND PUBLIC SUPPORT FACILITY USES, AND DDCI ARING AN TC!Y.
M REAS, CmTrehensive Plan Policy 3.2.2 and TNTC Chapter 18. 84.040 prohibit
any land form alteration or develcpWnt within the 100-year floodplain in an
area designated as residential on -die ConFrehersive Plan. Land use Map; and
WfMEAS, the City Council considers certain uses within the cmnmmity
recreation, utility, and public support facility categories as defined in the
Ca wnity Development Code Section 18.42 appropriate in the 100--year floodplain
in areas designated residential; and
W M?XAS, Cmpprehensive Plan Policy 3.2.3 sets requirements for allowed land
form alterations and developments within the 100-year floodplain; and
�. U;ES, certain requirements reVired by Comprehensive Plan Policy 3.2.3 may
not be necessary in sane cases; and
SEAS, the Park Improvement. ]Levy implementation cannot proceed without these
my endbients.
THE CITY OF TIGARD ORDAINS AS FOLIDWS:
SECTION 1: Ccuprehensive Plan Policy 3.2.2 and 3.2.3 and '_MC Chapter 18.84 is
hereby amended as in Exhibit A; bracketed portions are deleted,
underlined portions are added.
SEK>•agg 2: An emergency is hereby declared to exist inasmuch as it is
necessary for the health and safety of the pimple of the City that
park improvennents prod as planned; therefore, this ordinance
shall beocc a effective hmnediately upon passage by the City
Council, approval by the Mayor, and posting by the City Recorder.
C
0
ORDINANCE No. 90-Qa
Page 1
PASSED: By U n un vote of all Cot=il Viers present after
G��;�g read by nmber and title only, this �?`�� day of
, 1990o
Catherine Wheatley, City Record
APPROVED: This � S � day of ! r ,, 1990. -�
r
4'
Geral R. B±war�, Mayor
Approved as to form:
f
:_.
CIfPlAttorney
Date
ORDINANCE No. 90-
Page 2
KXHIBIT "A"
COMPREHENSIVE PLAN
POLICIES
3.2.1 THE CITY SHALL PROHIBIT ANY LAND FORM ALTERATIONS OR DEVELOPMENTS IN THE
100-YEAR FLOODPLAIN WHICH WOULD RESULT IN ANY RISE IN ELEVATION OF THE
100-YEAR FLOODPLAIN.
3.2.2 THE CITY SHALL:
a. PROHIBIT LAND FORM ALTER.INTIONS AND DEVELOPMENT IN THE FLOODWAY*,
EXCEPT ALTERATIONS MAY BE ALLOWED WHICH PRESERVE OR ENHANCE THE
FUNCTION AND MAINTENANCE OF THE ZERO-FOOT RISE FLOODWAY*; AND
b. [PROHIBIT] ALLOW LAND FORM ALTERATIONS OR DEVELOPMENT IN THE
FLOODPLAIN* OUTSIDE THE ZERO-FOOT RISE FLOODWAY* [EXCEPT AS
FOLLOWS:] WHICH PRESERVE OR ENHANCE THE FUNCTION OF THE ZERO-FOOT
RISE FLOODWAY* PROVIDED:
1. [LAND FORM ALTERATIONS SHALL BE ALLOWED WHICH PRESERVE OR
ENHANCE THE FUNCTION OF THE ZERO-FOOT RISE FLOODWAY*.] THE
LAND FORM ALTERATION AND/OR DEVELOPMENT IS IN AN AREA
DESIGNATED COMMERCIAL OR INDUSTRIAL ON THE COMPREHENSIVE PLAN
LAND USE MAP, AND FACTORS SET FORTH IN POLICY 3.2.3 _CAN BE
SATISFIED: OR
2. [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 IV.B.3 CAN BE SATISFIED.] THE
.LAND FORM ALTERATION AND/OR DEVELOPMENT IS ASSOCIATED WITH
COMMUNITY!RECREATION USES_. _ UTILITIES- OR PUBLIC_ SUPPORT
FFACILITIES AS DEVINED IN CHAPTER 15.42 OF THE COMMUNITY
DEVELOPMENT CODE AND THE FACTORS SET FORTH IN POLICY 3.2.3
CAN BE SATISFIED
[3. LAND FORM ALTERATIONS AND DEVELOPMENT SHALL BE ALLOWED WHERE
ONE SIDE OF THE FLOODPLAIN* IS PLANNED FOR COMMERCIAL AND
INDUSTRIAL USE SUBJECT TO THE FOLLOWING LIMITATIONS:]
[(a) THE LAND FORM ALTERATION OR DEVELOPMENT IS ON LAND
DESIGNATED ON THE COMPREHENSIVE PLAN MAP FOR COMMERCIAL
OR INDUSTRIAL USE;]
[(b) THE APPLICANT CAN SHOW THAT ALTERATIONS OR DEVELOPMENT
INTO THE FLOODPL-AIN* IS REASONABLE AND NECESSARY TO
BETTER THE ECONOMY' USE OF THE SITE;]
[(C) THE FACTORS SET FORTH IN POLICY IV.B.3 CAN BE
SATISFIED.)
3.2.3 WHERE LAND FORM ALTERATIONS AND DEVELOPMENT ARE ALLOWED WITHIN THE
100-YEAR FLOODPLAIN* OUTSIDE THE ZERO-FOOT RISE FLOODWAY*, THE CITY
SHALL REQUIRE:
a. THE STREAMFLOW CAPACITY OF THE ZERO-FOOT RISE FLOODWAY* BE
MAINTAINED;
b. ENGINEERED DRAWINGS AND/OR DOCUMENTATION SHOWING THAT THERE WILL BE
NO DETRIMENTAL UPSTREAM OR DOWNSTREAM EFFECTS IN THE NLOODPLAIN*
AREA, AND THAT THE CRITERIA SET FORTH IN THE SENSITIVE LANDS
SECTION OF THE CODE HAVE BEEN MET (See FIS September 1981);
C. A BUFFER, EITHER EXISTING OR PLANTED, ON THE COMMERCIAL OR
INDUSTRIAL LAND ABUTTING RESIDENTIAL LAND WINCH ADEQUATELY SCREENS
THE DEVELOPMENT FROM VIEW BY THE ADJOINING RESIDENTIAL LAND, AND
WHICH IS OF SUFFICIENT WIDTH TO BE NOISE ATTENUATING; AND
d. THE DEDICATION OF OPEN LAND AREA FOR GREENWAY ADJOINING THE
FLOODPLAIN* INCLUDING PORTIONS AT A SUITABLE ELEVATION FOR THE
CONSTRUCTION OF A PEDESTRIAN/BICYCLE PATHWAY WITHIN THE
FLOODPLAIN* IN ACCORDANCE WITH THE ADOPTED PEDESTRIAN BICYCLE
PATHWAY PLAN.
3.2.4 THE CITY SHALL REQUIRE THE DEDICATION OF ALL UNDEVELOPED LAND WITHIN THE
' 100--YEAR FLOODPLAIN PLUS SUFFICIENT OPEN LAND FOR GREENWAY PURPOSES
SPECIFICALLY IDENTIFIED FOR RECREATION WITHIN THE PLA.N.
* The Floodplain and Floodway, as defined by the Flood Insurance Study for
the City of Tigard dated September 1, 1981.
3.3 NATURAL RESOURCES
Findings
o Currently, there are extensive rock and gravel extraction areas located to
the north and west of Tigard's planning area within Beaverton and Washington
County.
o There is one active mineral or aggregate resource within the Tigard Planning
Area, known as the Durham Pits, which is operated by Washington County.
POLICY
3.3.1 THE CITY OF TIGARD SHALL SUPPORT THE EFFORTS OF WASHINGTON COUNTY,
BEAVERTON AND THE METROPOLITAN SERVICE DISTRICT TO ENSURE THE
AVAILABILITY OF THE ROCK MINERAL RESOURCES.
j
COMMUNITY DEVELOPMENT CODE
18.84.040 Anuroval Standards
A. The Hearings officer shall make findings that all of the following
criteria are satisfied when approving, approving with conditions, or
denying an application request within the 100-year floodplain:
1. Land form alterations shall preserve or enhance the floodplain
storage function and maintenance of the zero-foot rias floodway
shall not result in any narrowing of the floodway boundary;
2. [The] [11Land form alterations or developments within the 100-year
floodplain shall be allowed only in [an] areas designated as
commercial or industrial on the comprehensive plan land use map[;]i
except that alterations or develojoments associated with community
recreation uses utilities or public supaport facilities as defined
in Chapter 18,42 of the community Develo, ment Code shall be
al __lowed inareas dagignated residential subject to applicable
zoning standards;
3. Where a land form alteration or development is permitted to occur
within the floodplain it will not result in any increase in the
water surface elevation of the 100-year flood;
4. The land form alteration or development pian includes a
pedestrian/bicycle pathway in accordance with the adopted
pedestrian/bicycle pathway plan, unless the construction of said
pathway is deemed by the Hearings officer as untimely;
5. The plans for the pedestrian/bicycle pathway indicate that no
pathway will be below the elevation of an average annual flood;
6. The necessary U.S. Army Corps of Engineers and State of Oregon Land
Board, Division. of State Lands approvals shall be obtained; and
7. Where land form alterations and/or development are allowed within
and adjacent to the 100-year floodplain, the City shall require the
dedication of sufficient open land area within and adjacent to the
floodplain in accordance with the comprehensive plan. This area
shall include portions of a suitable elevation for the construction
of a pedestrian/bicycle pathway within the floodplain in
accordance with the adopted pedestrian/bicycle pathway plan.
f
B. The Director shall make findings that all. of the following criteria are
satisfied when approving, approving with conditions, or denying an
application request for a sensitive lands permit on slopes of 25 percent
or greater or unstable ground:
1. The extent and nature of the proposed land form alteration or
development will not create site disturbances to an extent greater
than that required for the use;
2. The proposed land form alteration or development will not result in
erosion, stream sedimentation, ground instability, or other adverse
on-site and off-site effects or hazards to life or property;
3. The structures are appropriately sited and designed to ensure
structural stability and proper drainage of foundation and crawl
space areas for development with any of the following soil
conditions: wet/high water table; high shrink-swell capability;
compressible/organic; and shallow depth-to-bedrock; and
4. where natural vegetation has been removed due to land form
alteration or development, the areas not covered by structures or
impervious surfaces will be replanted to prevent erosion in
accordance with Chapter 18.100, Landscaping and Screening.
C. The Director shall make findings that all of the following criteria are
satisfied when approving, approving with conditions, or denying an
application request for a sensitive lands permit within drainageways:
1. The extent and nature of the proposed land form alteration or
development will not create site disturbances to the extent greater
than that required for the use;
2. The proposed land form alteration or development will not result in
erosion, stream sedimentation, ground instability, or other adverse
can-site and off-site effects or hazards to life or property;
3. The water flow capacity of the drainageway is not decreased;
4. where natural vegetation has been removed due to land form
alteration or development, the areas not covered by structures or
impervious surfaces will be replanted to prevent erosion in
accordance with Chapter 18.100, Landscaping and Screening;
r
5. The drainageway will be replaced by a public facility of adequate
size to accommodate maximum flow in accordance with the adopted
1981 Master Drainage Plan.
6. The necessary U.S. Army Corps of Engineers and State of Oregon Land
Board, Division of State Lands approvals shall be obtained.
7. Where landform alterations and/or development are allowed within
and adjacent to the 100-year floodplain, the City shall require the
dedication of sufficient open land area within and adjacent to the
floodplain in accordance with the Comprehensive Plan. This area
shall include portions of a suitable elevation for the construction
of a pedestrian/bicycle pathway within the floodplain in
accordance with the adopted pedestrian bicycle pathway plan.
(Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 86-08; Ord. 84-29; Ord.
83-52)
e
GH
t
2
i