Ordinance No. 09-11 -, I
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE E NO. 0 - It
AN ORDINANCE NDII`NG TI-IE TIGARD COMMUNITY DEVELOPMENT CODE SECTIO
18.775.070.8.5, REMOVING A C FJTERIOI T WHICH PROHIBITS PATHWAYS LOCATED WITHIN
OR ADJACENT TO THE FLOODPLAIN TO BE BELOW THE ELEVATION OF THE AVERAGE
ANNUAL FLOOD AND, INSTEAD; REQUIRE THAT PEDESTRIAN/BICYCLE PATHWAY
PROJECTS WITHIN THE FLOODPLAIN INC LTJDE A WILDLIFE HABITAT ASSESSMENT THAT
SHOWS THE PROPOSED ALIGNMENT MINIMIZES IMPACTS TO SIGNIFICANT WILDLIFE
HABITAT WHILE BALANCING THE CONINILM Y'S RECREATION AND ENVIRONMENTAL
EDUCATIONAL GOALS. PCA2008-00005),AS LADED
WHEREAS, the Caty's Planning Division has requested to amend Chapter 18.775 — Sensitive Lands of the
Tigard Development Code to remove a criterion which prohibits pathways located within or adjacent to the
floodplain to be below the elevation of the average annual flood and, instead; require-that pedestrian/bicycle
pathway projects within the floodplain includea wildlife habitat assessment that shows the proposed alignment
minimizes impacts to significant wildlife habitat while balancing the community's recreation and environmental
educational goals; and
WHEREAS,notice was provided to the Department of Land Conservation and Development 45 days prior to
the first evidentiarypublic hearing;and
WHEREAS, the Tigard Planning Commission held public hearings on February 23, 2109 and April h, 2009,
and recommended approval of the proposed amendment,as amended to require a wildlife assessment to ensure
that the proposed alignment minimizes impacts to significant habitat;and
WHEREAS, notice of the public hearings was published in the Tigard Tunes Newspaper at least 10 business
days prior to the public bearings; and
WHEREAS, the Tigard City Council has considered 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 flan Policies; and any applicable
provisions of the City's implementing ordinances;and.
WFIEREAS,the City Gouncil has found the following to be the only applicable review criteria:
The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197 [Goal 1,;
Public Involvement, Goal 2, Land Use Planning; Gaal 5, Natural Resources,Scenic and Historic .ureas, and
Open Spaces; Goal 7, Areas Subject to Natural Hazards; Goal 8, Recreational Needs]; Applicable federal
[FEMA] or state statutes or regulations, Applicable METRO regulations [Metro Urban Growth
Management Functional Pian, Title 3, Water Quality and. Flood Management, and Title 13, Nature in
Neighborhoods]; Applicable Tigard Comprehensive Plan Goals [Goal 1,Public Involvement; Goal 2,Land
Use Planning; Goal 5, Natural Resources and I-Lrstoric Areas; Goal 7, Hazards; Goal 8, Parks, Recreation,
Trails, and Open Space]; Applicable provisions of the City's implementing ordinances [TDC Chapters
18.380, 18.390 and 18.775].
"City Recorder's biome,Tac motion adopting C idinance No.09-11 was: "Motion by Councilor Buchner,seconded by Councilor Webb,for adoption of Ordinance No,
09-11,including di minimis changes substituting"wildlife habitat assessment"for'wildlife assessment"and including,"Pedesuianlbicycle pathway projects..."and also
including Mr.Ruper's tern dated August 11,2009,as pan of the findings." Mr.H Aces memo is on file in€be City Recorder's office as part of the August 11,2009
Council mecting packet materials for Agenda Item No,8.
ORDINANCE No.094
Page 1
WHERE-AS, the Tigard City Council held public hearings on May 12"', July 14"', and August 11,'2009 to
consider the proposed amendment;and
WHERE,ZkS, the Tigard City Council has determined that the proposed development code amendment is
consistent with, the applicable review criteria,and that approving the request would be in the best interest of the
City of Tigard.
NOW,THERE,FORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The specific text wnendinent attached as "EXHIBIT A" to this Ordinance is hereby
adopted and approved by the City Council.
SECTION 2: The findings in the June 29, 2009 Supplemental Staff Report to the City Council, City
Attorney's Supplemental Findings (Ainended July 22, 2009), Minutes of the February 23,
2009 and April 6, 2009 Planning Commission hearings, and the Minutes of the May 12"',
July 14!h, and August 11`'1 2009 Council hearings are hereby adopted in explanation of the
Council's decision.
SECTION 3: TIris ordinance shall be effective 30 days after its passage by the Council, signature by d-te
Mayor,and posting by the City Recorder.
PASSED: By tvote of all Council members present after being read by number
and tide only,this day 2009.
% a
(fn--dierinek Wheatley,City'kecorder
APPROVED: By Tigard City Council this 1 day of
0
t 0
0
Craig l5i-lel-seri,Mayor
jzA
s to form:
City Attorney
Ait 6�,Us
Date
ORDINANCE No. 09- H
Page 2
E HB`IT A
D 008-00005
SENSITIVE LANDS PERMIT REQUIREMENTS
This text amendment employs the following formatting:
- Text to be removed
[Bold italics] - Text to be added
18.775.070 Sensitive Land Permits
A. Permits required, An applicant, who wishes to develop within a sensitive area.., as defined in Chapter
19.775,must obtain a permit in certain situations.Depending on the nature and intensity of the proposed
activitywithin a sensitive area, either a Type Il or Type III permit is required, as delineated in Sections
18.775.0301 and 18.775.020:6. The approval criteria for various kinds of sensitive areas, e.g., floodplain,
are presented in Sections 18.775.070.B -- 18.775.070.E below.
B. Within the 100-year floodplain. The Hearings Officer shall approve, approve with conditions or deny an
application request within the 100-year floodplain based upon findings that all of the following criteria
have been satisfied.:
1. Land form alterations shall preserve or enhance the floodplain storage function and maintenance of the
zero-foot rise floodway shall not result in any encroachments, including fill, new construction;
substantial improvements and ether development unless certified by a registered professional engineer
that the encroachment will not result in any increase'in flood levels during the base flood discharge;
2. Land form alterations or developments within the 100-year floodplain shall be allowed only in areas'
designated as commercial or industrial on the comprehensive plan land use map,except that alterations
or developments associated with community recreation uses, utilities, or public support facilities as
defined in Cltaptet 18.120 of the Community Code shall be allowed in areas designated
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 plan 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. lie l f r ilia-pedes r a i d3 , �t„��.. t� t the lev-- i-e
4 SLY'W'CCZC'GlL.i Gi Gl1✓ ..
a mal flaed; 1'edestrian1bicycle pathway projects within the floodplain shall include a
wildlife habitat assessment that shows the proposed alignment minimizes impacts to significant
wildlife habitat while balancing the community's recreation and environmental educational
goals.
b.The necessary U.S.Army Corps of Engineers and State of Oregon Land Berard,Division of State
Lands,and CWS permits and 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 consideration of`dedication of sufficient open land area within and
adjacent to the floodplaist in accordance with the comprehensive plan. This area shall include portions
of a stutable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in
accordance with the adopted pedestrian/bicycle pathway plan.