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Ordinance No. 84-45 r r c S CITY OF TIGARD, OREGON ` ORDIAIANCE N0. 84- AN ORDINANCE AMENDING VOLUME 1, RESOURCE DOCUMENT AND CHAPTER 18.84 OF VOLUME 3, THE DEVELOPMENT CODE AS ORIGINALLY ADOPTED BY ORDINANCE 83-52 AND DECLARING AN EMERGENCY (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 1 - 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 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; and WHEREAS, Ordinance No. 84-36 was adopted by the City Council on July 25, 1984; and WHEREAS, on June 25, 1984, the City Council directed staff to initiate a Comprehensive Plan Amendment to consider the inclusion of the Ravine at 108/113th as a significant wetlands area; and WHEREAS, a public hearing was held before the Planning Commission on July 10, 1984, to consider including the Ravine at 108/113th as a significant wetlands area and to consider an exceptions process for development near the ravine; and WHEREAS, a public hearing was held before the City Council on July 23, 1984, for Council consideration of Planning Commission's recommendations of the Planning Commission's recommendations. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: Ordinance 83-52 is amended to revise page I-42 of Volume 1 - Resource Document of the Comprehensive Paan to include a list of those areas to be designated as significant wetlands to be protected and vreserved. Language to be added in underlined below and will be inserted at the beginning of "C. Special Areas". ORDINANCE NO. 84 I: "Protect the areas designated as significant wetlands on the i Floodplain and Wetlands map and prohibit conflicting uses on those sites. The sites designated as significant wetlands are: f 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 Ravine at SW 108/113 north of Tualatin River, below 150' in elevation." Section 2: Chapter 18.84 of the Community Development Code shall be amended by adding a Section 18.84.045. Language to be added is underlined below and will be inserted after section 18.84.040 D. 4. "18.84.045 Exceptions for Development in the 108th/113th Ravine Significant Wetlands Areas. A. Under the Sensitive Lands Permit process, the Hearings Officer may allow portions of the Ravine at 108th and 113th designated as a significant wetlands area to develop provided that all of the following criteria are met. 1. All of the land (within the ravine) being considered for development is at less than 25% slope. 2. There are no unstable soil conditions on the land being considered for development. 3. The provisions of chapter 18.150- TREE REMOVAL shall be met. Section 3. Inasmuch as it is necessary for this ordinance to become effective with the other amendments relating to Goal 5, an emergency is hereby declared to exist, and this ordinance shall become effective on July 25, 1984. PASSED: By , �P�i��t5 vote of all Council members prespnr after being read by number and title only, this r� day of 1984. Aeputayiaity Recorder - Eity of 'Tigard APPROVED: This Y day of � , 1984. ,of Ti / or - City of Tigard APPROVED AS TO FORM: City Attorney ORDINANCE N0. 84- 0522P