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Ordinance No. 83-20 CITY OF TIGARD, OREGON ORDINANCE NO. 83 s20 AN ORDINANCE AMENDING THE NATURAL FEATURES AND OPEN SPACE ELEMENT OF THE TIGARD COMPREHENSIVE PLAN FOR THE PURPOSE OF AMENDING THE 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 WHEREAS, City Council amended the Natural Features and Open Space element with policy 3.2.1 relative to land form alterations in the floodway on March 2, 1983; and WHEREAS, the City Council requested various changes be made to the floodway policy at a public hearing. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section l: The Floodway Policy of the Natural Features and Open Space Element of the Tigard Comprehensive Plan is amended as shown in attached as 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 hL2 1.bl,,� vote of all Council members present, after being read- y umbery nd title only, this day of f� �; 1983. I Recorder - City of Tigan APPROVED: By the Mayor, this day of j�,ph� , 1983. Mayor - City of Tigard f; f ORDINANCE NO. 83- ` 10447A) } #3 As Amended 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 ALTERATIONS 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 LAND FORM ALTERATIONS OR DEVELOPMENT IN THE FLOODPLAIN* OUTSIDE THE ZERO-FOOT RISE FLOOWDAY* EXCEPT AS FOLLOWS: 1. LAND FORM ALTERATIONS SHALL BE ALLOWED WHICH PRESERVE OR ENHANCE THE FUNCTION OF THE ZERO-FOOT RISE FLOODWAY*. F E SHALL BE ALLOWED WHERE " 2. LAND FORM ALTERATIONS AND DEVELOPMENT L � BOTH SIDES OF THE FLOODPLAIN* ARE DESIGNATED AS EITHER INDUSTRIAL OR COMMERCIAL ON THE COMPREHENSIVE PLAN MAP; AND THE FACTORS SET FORTH IN POLICY 3.2.3 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 FLOODPLAIN* IS REASONABLE AND NECESSARY TO BETTER ECONOMIC USE OF THE SITE; (c) THE FACTORS SET FORTH IN POLICY 3.2.3 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 DOCUMENTATION SHOWING THAT THERE WILL BE NO DETRIMENTAL UPSTREAM OR DOWNSTREAM CHANGES IN THE FLOODPLAIN* AREA, AND THAT THE CRITERIA SET FORTH IN THE SENSITIVE LANDS SECTION OF THE CODE HAVE BEEN MET (See FIS September 1971); E a : *The Floodplain and Floodway as defined by the Flood Insurance Study for the City of Tigard dated September 1, 1981. m .. i i __ THE PLANTING Of' AN EVERGREEN BUFFER ON THE COMMERCIAL OR INDUSTRIAL LAND ABUTTING RESIDENTIAL LAND WHICH SCREENS THE DEVELOPMENT FROM VIEW BY THE ADJOINING RESIDENTIAL LAND, AND WHICH IS OF SUFFICIENT WIDTH TO BE NOzSE ATTENUATING; AND d. THE DEDICATION OF SUFFICIENT OPEN LAND AREA FOR GREENW.A.Y { ADJOINING THE FLOODPLAIN* INCLUDING PORTIONS AT A SUITABLE ELEVATION FOR If& CONSIRUCiiON OF A PEDESTRIAN/BICYCLE PAThWAY E WITHIN THE FLOODPLAIN* IN ACCORDANCE WITH THE ADOPTED PEDESTRIAN BICYCLE PATHWAY PLAN. a.. *The Floodplain and Floodway as defined by the Flood Insurance Study for the City of Tigard dated September 1, 1981. Gigs }}k' F k;