Ordinance No. 85-13 CITY OF TIGARD, OREGON
ORDINANCE NO, 85-13—
AN ORDINANCE AMENDING POLICIES 3.1.1, 3.2, 3.2.3, 3.4.1 and ADDING POLICY
EMENITATION STRA'1'Ff TES AS
3.2.4 TO VOLUME 2, FINDINGS, POLLI:.,lkb Fi1du lrlrLci"IL,Y,.��,,,,.. _
ORIGINALLY ADOPTED 8Y ORDINANCE NO. 83-52. (CPA 30-84)
City g
WHEREAS,
the Cit of Tigard finds it necessary to revise its Comprehensive
Plan policies periodically to improve the operation and implementation of the
plan; and
WHEREAS, the Tigard City Council has reviewed the Comprehensive Plan policies
and has adopted the same; and
WHEREAS, the City of Tigard Planning Commission held public hearings on the
proposed changes on March 5, 1985; and
WHEREAS, the Tigard City Council held a public hearing on the proposed changes
on April 8, 1985.
THE CITY OF TIGARD ORDAINS AS FOLLOWS: t
SECTION 1: The Comprehensive Plan policies shall be amended as set forth in
Exhibit "A" attached. items to be added are underlined, items to be deleted
are shown in [brackets].
SECTION 2.: In order that the Community Development Code may improve the
operation and implementation of the Code and to protect tha public health,
safety and welfare, an emergency is hereby declared to exist and this
Ordinance shall become effective upon its passage by the Council and approval
by the Mayor.
PASSED: 8y ,�iLc�✓r�,'a'h`L`�' vote r�` all Cr,: n it mArn�st?rs nrestnt after
being read by number and title only, this . day
of � 1 1985.
Dek____City Recoider City of Tigard
APPROVED: Thisg L11 clay of 1985.
o _ City of Tigard
C!"
(EAN: `1146P)
ORDINANCE NO. n5 l3
Page 1
t EXHIBIT "A°
Title To Section 3.1.1
Existing Language
PHYSICAL LIMITATIONS AND NATURAL HAZARDS
Proposed Language
PHYSICAL LIMITATIONS, NATURAL HAZARDS AND WETLANDS
This change is proposed to include wetlands in the title.
Policy 3.1.1 (a)
Existing Language
3.1.1 THE CITY SHALL NOT ALLOW DEVELOPMENT IN AREAS HAVING THE
FOLLOWING DEVELOPMENT LIMITATIONS EXCEPT WHERE IT CAN BE
%1OWN THAT ESTABLISHED AND PROVEN ENGINEERING TECHNIQUES
RELATED TO A SPECIFIC SITE PLAN WILL MAKE THE AREA SUITABLE
FOR THE PROPOSED DEVELOPMENT:
a. AREAS [HAVING A HIGH SEASONAL WATER TABLE WITHIN 0-24
INCHES OF THE SURFACE FOR THREE OR MORE WEEKS OF THE
vEAR j
Proposed Language
3.1.1 THE CITY SHALL NOT ALLOW DEVELOPMENT 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 DEVELOPMENT:
a. AREAS MEETING THE DEFINITION OF WETLANDS UNDER CHAPTER
18.26 OF THE COMMUNITY DEVELOPMENT CODE.
This change will address the concern of giving consideration to all hand
which may meet the wetlands definition.
IMPLEMENTATION STRATEGIES FOLLOWING °OLICY 3.1.1
Existing Language
IMPLEMENTATION STRATEGIES
[1. The City shall dasignate on a map areas having physical
limitations (poor drainage, seasonal flooding, unstable
ground) and shall incorporate these designations in the
Tigard Community Development Code and map, and shall
develop graduated development, restrictions accorAAA. to the
distinct characteristics of tha constraints and anticipated
limitations.]
CPQ! 30-84 - PAGE I
2. The City shall revise the sensitive lands section of the
Tigard Community Development Code to identify those areas
t
having distinct constraints and limitations.
3. The City shall cooperate with other agencies to help
identify these areas,
4. The City of Tigard shall provide in the Community
Development Code a provision for the City to require site
specific soil surveys and geologic studies where potential
hazards are identified based upon available geologic and
soils evidence. When natural hazards are identified, the
City will require that special design considerations and
construction measures be taken to offset the soil and
geologic, constraints present in order to protect life and
property, and to protect environmentally sensitive areas.
5. 'The Community Development Code shall riot permit
developments to be planned or located in known areas of
natural disasters and hazards without appropriate
safeguards.
Proposed Language
IMPLEMENTATION STRATEGIES
1. Areas having phvsical limitations spoor draina seasonal
flooding, unstable yrounld) may_ be subiec_t to policy 3.1.1
of the Comprehensive Plan.
2. The City shall revise the serzsi.tive lands section of the
Tigard Community Development Code to identify the standards
graddefine those areas having distinct constraints and
limitations.
The changes will put property owners on notice that any land having
physical limitations may only be developed in conformance with policy
3.1.1. In addition, any areas with distinct development ].imitations
should be identified in the Community Development Code.
Title for Section 3.2
Existing Language
FLOOD PLAINS [AND WETLANDS]
Proposed Language
FLOOD PLAINS
This change '.s proposed because Section 3.2 deals only with Flood plains.
FINDINGS in Section 3.2
`f
CPA 30--04 PAGE 2
i
Existing Language
332 FLOOD PLAINS
\ FINDINVS
o The objective of the City is to use the detailed information gathered
or, Gi aV4 ! Plain's Arori. LI, fvi.v. Arm
ny 11'.v.we �f C'eAniY+RY[1rQ ?1'lt� /'liOk3A i/lp
policies to:
1. Control development, as to not adversely affect the flood plain
and floodway areas,
2. Minimize the runoff—erosion impact of development on the
surrounding area and downstream properties, and
3. Emphasize the retention of a vegetative buffer along streams and
drainageways, to reduce runoff and flood damago and provide
erosion and siltation corrl.rol.
o In addition, there is the issue of the cumulative effect of
development: upstream of Tigard. Flood levels in Tigard will be
substantially determined by the controls exercised over development
outside the plan area, as well as inside Tigard's Planning Area.
[o The Fanno Creek drainage system includes numerous small water
courses. The integrity of these natural drainageways is
intrinsically connected to the system's capacity to absorb excessive
runoff and on subsequent flood levels. Often, howve,•, water courses
are altered to provide more usable land. The resultant adverse
impacts are detrimental to the entire drainage system, i.e. , the
storage capacity of the water course is lessened and flooding occurs.)
[o Besides the basic need to control development in flood prone areas,
it was found that public knowledge of flood plain hazards was
lacking. Many of the obstructions previously placed in the flood
plain were the result of either ignorance or overly optimistic
attitudes about potential flooding problems. These obstructions
(e.g. Main Street Bridge) hinder the flow of high water and tend to
increase flood levels.)
o Proper administration of the flood plain areas relies heavily upon
the availability of adequate information upon which to assess the
environmental impacts of a project. The development, which creates
the need, should be responsible for providing the City with the
necessary data for making sound decisions. The burden is on the
applicant to prove that a projet,t will not adversely affect the
environment or create undue future liabilities for the City.
o The City of Tigard, with assistance from the U.S. Army Crops of
Engin-ergs, has established an area designated within the 100--year
flood plain.
CFA 30--04 PAGE 3
o The City of Tigard has been accepted as an eligible area for the
National Flood Insurance Program, and as a result flood insurance
l' will be available to property owners in flood prone areas. The
Federal program, however, requires the City to adopt an ordinance
which meets certain federal standards.
o The City of Tigard currently has ordinances, policies and standards
within the Tigard Community Development Code which provide adequate
controls for development within flood plain area,
o According to the 1901 Drainage Master Plan Study conducted by CH2M
Hill for the City, flood levels of two to four feet higher than the
existing 100-year flood plain may be expected if no corrective
measures are taken.
Proposed Language
n The Fanno Creek drainage system includes numerous small water
courses. The integrity of these _ natural drainagew,ays is
intrinsically connected to the systems capacity to absorb excessive
runoff and on subsequent flood levels. Often however, water courses
are altered to Provide more usable land. If alterations are done
incorrectly, impacts can be adverse. If the impacts are adverse,
they can be detrimental to the entire drainage system i.e._, the
storage capacity of _the water course is lessened and flooding
occurs. In fact in lower reaches it is beneficial 'to have more
water move through at a faster rate,
o Besides the basic need to control development in flood prone areas,
it was found that public knowledge of flood plain hazards was
lacking. M«ny of the obstructions previously placed in the flood
lain .were the_result toof a lack of information and adequate runoff
predictions bout_.patent ial flooding problems. These obstructions
_( q. Main Street Bridge) hinder the flow of high water and tend to
increase flood levels.
o jadded) To protect the intent of the City's Greenway policy, the
Greenway is defined with the same physical boundaries as the 102-year
flood plain boundary,
These modifications are proposed to clarify the Greenway definition and to
include findings on potential adverse impacts fr^m development.
Policy 3.2.3
Existing Language
3.2.3 WHERE LAND FORM ALTERATIONS AND DEVELOPMENT ARE ALLOWED
WITHIN THE 100-YEAR FLOOD PLAIN* OUTSIDE 'THE ZERO-FOOT RISE
FLOODWAY*, THE CITY SHALL REQUIRE:
a. THE STREAMFLOW CAPACITY OF THE ZERO-FOOT RISE
FLOOD.WAYS@ BE MAINTAINED
CPA 30--84 - PAGE 4
b. ENGINEERED DRAWINGS AND DOCUMENTATION SHOWING 10AT
THERE WILL BE NO DETRIMENTAL UPSTREAM OR DOWNSTREAM
[CHANGES] IN THE FLOOD PLAIN* AREA, AND THAT THE
CRITERIA SET FORTH IN THE: SENSITIVE LANDS SECTION OF
THE CODE HAVE BEEN MET (See FIS September &981);
[c. THE PLANTING OF AN EVERGREEN DUFFER 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 NOISE ATTENUATING-' AND]
d. THE DEDICATION OF [SUFFICIENT] OPEN LAND AREA FOR
GREENWAY ADJOINING THE FLOOD PLAIN* INCLUDING PORTIONS
AT A SUITABLE ELEVATION FOR THE CONSTRUCTION OF A
PEDESTRIAN/BICYCLE PATHWAY WIT'tiIN THE FLOOD PLAIN* IN "
ACCORDANCE WITH THE ADOPTED PEDESTRIAN BICYCLE PATHWAY
PLAN.
The Flood plain and Flooduay, as defined by the Flood Insurance Study 'For
the City of Tigard dated September 1, 1981.
Proposed Language
3.2,3 b. ENGINEERED DRAWINGS AND DOCUMENTATION SHOWING THAT
THERE WILL BE NO DETRIMENTAL UPSTREAM OR DOWNSTREAM
EFFECTS IN THE FLOOD PLAIN* AREA, AND THAT THE
CRITERIA SET FORTH IN THE SENSITIVE LANDS SECTION 0
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 WHICH ADEQUATELY SCREENS THE DEVELOPMENT FROM
VIEW BY THE ADJOINING RESIDENTIAL LANDS AND WHICH IS
OF SUFFICIENT WIDTH TO BE NOISE ATTENUATING, AND
d. THE DEDICATION OF OPEN LAND AREA FOR GREENWAY
ADJOINING THE FLOOD PLAIN* INCLUDING PORTIONS AT A
SUITABLE ELEVATION FOR THE CONSTRUCTION OF A
PEDESTRIAN BICYCLE PATHWAY WITHIN THE FLOOD PLAIN* IN
ACCORDANCE WITH THE ADOPTED PEDESTRIAN BICYCLE PATHWAY
PLAN.
These changes are proposed for clarification.
3.2.4
Existing Language
None
Proposed Language
THE CITY SHALL REQUIRE THE DEDICATION OF ALL UNDEVELOPED LAND WITHIN
THE 200--YEAR FLOOD PLAIN PLUS SUFFICIENT OPEN LAND FOR GREEf#WAY
PURPOSES SPECIFICALLY IDENTIFIED FOR RECREATION WITHIN THE PLAN,
CPA 30-84 PAGE
Policy 3.4.1
t
Existing Language
3.4.1 THE CITY SHALL DESIGNATE THE FOLLOWING AS AREAS OF
SIGNIFICANT ENVIRONMENTAL CONCERN.
Proposed Language
3.4.1 THE CITY SHALL DESIGNATE, BY DEFINITION NOT BY LOCATION,
THE FOLLOWING AS AREAS OF SIGNIFICANT ENVIRONMENTAL CONCERN,
This changes is proposed to tie this policy to definitions and not to site
specific boundaries which are difficult to determine without field surveys.
r
(EAN:pm/1061F)
.F
CPA 30-84 — PAGE 6