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Ordinance No. 84-36 CITY OF TIGARD, OREGON .,.' ORDINANCE NO. 84- � E- 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 t "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." n ORDINANCE NO. 84 Page 2 4 I 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) 4 ORDINANCE V. 84-' Page 3