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Ordinance No. 90-22 CITY OF TIGAPD, ORD30N ORDINANCE NO. 90� 2 Z AN ORDINANCE AMENDING cCM*H1ENSIVE PIM POLICY 3.2.2 AND 3.2.3 AND TIGARD MUNICIPAL CODE (TMC) CRAPTER 18.84, ALTAWING ALaTRATIONS IN 'TfM 100-YEAR FLMDPLAIN 1N AREAS DESIGNP= AS RESIDENTIAL FOR (FAIN COMMUNITY REC[2E;ATION, UMM, AND PUBLIC SUPPORT FACILITY USES, AND DDCI ARING AN TC!Y. M REAS, CmTrehensive Plan Policy 3.2.2 and TNTC Chapter 18. 84.040 prohibit any land form alteration or develcpWnt within the 100-year floodplain in an area designated as residential on -die ConFrehersive Plan. Land use Map; and WfMEAS, the City Council considers certain uses within the cmnmmity recreation, utility, and public support facility categories as defined in the Ca wnity Development Code Section 18.42 appropriate in the 100--year floodplain in areas designated residential; and W M?XAS, Cmpprehensive Plan Policy 3.2.3 sets requirements for allowed land form alterations and developments within the 100-year floodplain; and �. U;ES, certain requirements reVired by Comprehensive Plan Policy 3.2.3 may not be necessary in sane cases; and SEAS, the Park Improvement. ]Levy implementation cannot proceed without these my endbients. THE CITY OF TIGARD ORDAINS AS FOLIDWS: SECTION 1: Ccuprehensive Plan Policy 3.2.2 and 3.2.3 and '_MC Chapter 18.84 is hereby amended as in Exhibit A; bracketed portions are deleted, underlined portions are added. SEK>•agg 2: An emergency is hereby declared to exist inasmuch as it is necessary for the health and safety of the pimple of the City that park improvennents prod as planned; therefore, this ordinance shall beocc a effective hmnediately upon passage by the City Council, approval by the Mayor, and posting by the City Recorder. C 0 ORDINANCE No. 90-Qa Page 1 PASSED: By U n un vote of all Cot=il Viers present after G��;�g read by nmber and title only, this �?`�� day of , 1990o Catherine Wheatley, City Record APPROVED: This � S � day of ! r ,, 1990. -� r 4' Geral R. B±war�, Mayor Approved as to form: f :_. CIfPlAttorney Date ORDINANCE No. 90- Page 2 KXHIBIT "A" COMPREHENSIVE PLAN POLICIES 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 ALTER.INTIONS 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] ALLOW LAND FORM ALTERATIONS OR DEVELOPMENT IN THE FLOODPLAIN* OUTSIDE THE ZERO-FOOT RISE FLOODWAY* [EXCEPT AS FOLLOWS:] WHICH PRESERVE OR ENHANCE THE FUNCTION OF THE ZERO-FOOT RISE FLOODWAY* PROVIDED: 1. [LAND FORM ALTERATIONS SHALL BE ALLOWED WHICH PRESERVE OR ENHANCE THE FUNCTION OF THE ZERO-FOOT RISE FLOODWAY*.] THE LAND FORM ALTERATION AND/OR DEVELOPMENT IS IN AN AREA DESIGNATED COMMERCIAL OR INDUSTRIAL ON THE COMPREHENSIVE PLAN LAND USE MAP, AND FACTORS SET FORTH IN POLICY 3.2.3 _CAN BE SATISFIED: OR 2. [LAND FORM ALTERATIONS AND DEVELOPMENT SHALL BE ALLOWED WHERE BOTH SIDES OF THE FLOODPLAIN* ARE DESIGNATED AS EITHER INDUSTRIAL OR COMMERCIAL ON THE COMPREHENSIVE PLAN MAP, AND THE FACTORS SET FORTH IN POLICY IV.B.3 CAN BE SATISFIED.] THE .LAND FORM ALTERATION AND/OR DEVELOPMENT IS ASSOCIATED WITH COMMUNITY!RECREATION USES_. _ UTILITIES- OR PUBLIC_ SUPPORT FFACILITIES AS DEVINED IN CHAPTER 15.42 OF THE COMMUNITY DEVELOPMENT CODE 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 FLOODPL-AIN* IS REASONABLE AND NECESSARY TO BETTER THE ECONOMY' USE OF THE SITE;] [(C) THE FACTORS SET FORTH IN POLICY IV.B.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/OR DOCUMENTATION SHOWING THAT THERE WILL BE NO DETRIMENTAL UPSTREAM OR DOWNSTREAM EFFECTS IN THE NLOODPLAIN* AREA, AND THAT THE CRITERIA SET FORTH IN THE SENSITIVE LANDS SECTION OF 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 WINCH ADEQUATELY 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 OPEN LAND AREA FOR GREENWAY ADJOINING THE FLOODPLAIN* INCLUDING PORTIONS AT A SUITABLE ELEVATION FOR THE CONSTRUCTION OF A PEDESTRIAN/BICYCLE PATHWAY WITHIN THE FLOODPLAIN* IN ACCORDANCE WITH THE ADOPTED PEDESTRIAN BICYCLE PATHWAY PLAN. 3.2.4 THE CITY SHALL REQUIRE THE DEDICATION OF ALL UNDEVELOPED LAND WITHIN THE ' 100--YEAR FLOODPLAIN PLUS SUFFICIENT OPEN LAND FOR GREENWAY PURPOSES SPECIFICALLY IDENTIFIED FOR RECREATION WITHIN THE PLA.N. * The Floodplain and Floodway, as defined by the Flood Insurance Study for the City of Tigard dated September 1, 1981. 3.3 NATURAL RESOURCES Findings o Currently, there are extensive rock and gravel extraction areas located to the north and west of Tigard's planning area within Beaverton and Washington County. o There is one active mineral or aggregate resource within the Tigard Planning Area, known as the Durham Pits, which is operated by Washington County. POLICY 3.3.1 THE CITY OF TIGARD SHALL SUPPORT THE EFFORTS OF WASHINGTON COUNTY, BEAVERTON AND THE METROPOLITAN SERVICE DISTRICT TO ENSURE THE AVAILABILITY OF THE ROCK MINERAL RESOURCES. j COMMUNITY DEVELOPMENT CODE 18.84.040 Anuroval Standards A. The Hearings officer shall make findings that all of the following criteria are satisfied when approving, approving with conditions, or denying an application request within the 100-year floodplain: 1. Land form alterations shall preserve or enhance the floodplain storage function and maintenance of the zero-foot rias floodway shall not result in any narrowing of the floodway boundary; 2. [The] [11Land form alterations or developments within the 100-year floodplain shall be allowed only in [an] areas designated as commercial or industrial on the comprehensive plan land use map[;]i except that alterations or develojoments associated with community recreation uses utilities or public supaport facilities as defined in Chapter 18,42 of the community Develo, ment Code shall be al __lowed inareas dagignated 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 pian 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. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood; 6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division. of State Lands 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 dedication of sufficient open land area within and adjacent to the floodplain in accordance with the comprehensive plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. f B. The Director shall make findings that all. of the following criteria are satisfied when approving, approving with conditions, or denying an application request for a sensitive lands permit on slopes of 25 percent or greater or unstable ground: 1. The extent and nature of the proposed land form alteration or development will not create site disturbances to an extent greater than that required for the use; 2. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property; 3. The structures are appropriately sited and designed to ensure structural stability and proper drainage of foundation and crawl space areas for development with any of the following soil conditions: wet/high water table; high shrink-swell capability; compressible/organic; and shallow depth-to-bedrock; and 4. where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 18.100, Landscaping and Screening. C. The Director shall make findings that all of the following criteria are satisfied when approving, approving with conditions, or denying an application request for a sensitive lands permit within drainageways: 1. The extent and nature of the proposed land form alteration or development will not create site disturbances to the extent greater than that required for the use; 2. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse can-site and off-site effects or hazards to life or property; 3. The water flow capacity of the drainageway is not decreased; 4. where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 18.100, Landscaping and Screening; r 5. The drainageway will be replaced by a public facility of adequate size to accommodate maximum flow in accordance with the adopted 1981 Master Drainage Plan. 6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained. 7. Where landform alterations and/or development are allowed within and adjacent to the 100-year floodplain, the City shall require the dedication of sufficient open land area within and adjacent to the floodplain in accordance with the Comprehensive Plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian bicycle pathway plan. (Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 86-08; Ord. 84-29; Ord. 83-52) e GH t 2 i