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CPA 28-84 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. `;?rr . r ' AM1ENDING ORDINANCE CPA 28-84 84-45 Volume I Resource Docucret fi 108th/113th Ravine :.. • • 44 • • ter, • 1, • 11 d V • 1.0 CITY OF TIGARD, OREGON ,.. ORDINANCE NO. 84.x. • AN ORDINANCE AMENDING ORDINANCE 84-45, VOLUME 1, RESOURCE DOCUMENT AS ORIGINALLY ADOPTED BY ORDINANCE p�3-52' AND DECLARING AN EMERGENCY (CPA 28-84) . WHEREAS, the Cityof Tigard adopted a Compr�ehens ive Plan for the City by Ordinance 83-52 on November 9, 1983; and ,h WHEREAS, Volume 1 * Resource Document was adopted as part of the Comprehensive !" Plan; and WHEREAS, the Comprehensive Plan wa> submitted to the Lang Conservation and Development Commission (LCDC) on November 18, 1983; and WHEREAS, on June 25, 1984, the City Council directed staff to i,nitiat d' Comprehensive Plan Amendment to consider the .,tclusion of the Ravine 109/113th 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 thee ravine; and • ( WHEREAS, a public hearing was held before the City Courwil on July 2:?, 1984, `" for Council consideration of Planning Commission's recommendations; nd WHEREAS, on July 23, 1984, the City Council adopted Ordinance 84-45; and WHEREAS, the City Engineer has determined that the 1.08,113 ravine should, be protected below the 140' elevation, not 150' ; and WHEREAS, the Planning Commission held a public hearing on December 4, 1984, to consider amending Ordinance 84--45; and WHEREAS, The City Council held a public hearing on December 10, 1984, to consider the Planning Commission's recommendation THE CITY OF TIGARD ORDAINS AS FOLLOW Section 1., Ordinance a4-45 is amended to revise ,ge 1-43 of Volume Resource Document of the Co hensive Plan to changethe elevation of the 108/118th ravine area to he protected from 150' « to 140' „ Language to be added is. Underlined below. Language to ; be deleted is shown in [brackets]. Language wi1.l be inserted th P. the sect+on to tied r'C Special Areas "Protect the areas designated as significantwetlands on the Floodplain and Wetlands reap and prohibit conflicting uses on those sites. The cites designated as significant wetlands are: • ORo:tNANCE NO 84_,..„227:, pag+r " R 9 •wnK t s'. u• 4. 4 0 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 [150'3 140° in elevation." Section 2. Inasmuch as it is necessary for this ordinance to become effective with the other amendments relating to Coal 5 an a' emergency is hereby declared to e,ltist and this ordinance shall become effective immediately upon passage by the Council and ' approval by the Mayor„ PASSED: Gy r.,G1�3d� _ .....,..�' vote of all Council members� Pres � after being' read by number and title only, thi's ..f0 ,r._ day of 1984 Deputy City Recorder City y of Tigard APR ROVO This /D day of &. d , 1984. r ,_1(.L..„,.(,„e-,e' i 1^ ,il'' -' Mai or — City of Tigard (dmj/0837P) • • ORDtNANCF No. 84"Li�..__. I„ page IN3 • i • ' ,' ,4 , , ' ,i CITY OF TIGARD, OREGON • COUNCIL AGENDA ITEM SUMMARY . AGENDA' OF: December 10, 1984 AGENDA ITEM # Lit:g. __________ ' . ' DATE SUBMITTED: , December 6, 1984 PREV.OUD ACTION: Ordinance 84 -45 ...k ISSUE/AGENDA TITLEt CPA-28-84 . adopted on July' 23, 1984,.w.,:.._ .�.... Natural Features & Open Spaces PREPARED BY: '1,-, (Special Areas 108th/113th " Planninc Ravine REQUESTED DY #� Staff CITY ADMINISTRATOR: �:,, }.. DEPARTMENT' 'HEAD DK ,''"1 a • INFORMATION, SUMMARY Ordinance 84-45 adopted by ,City Council On 1uly 28, 1984, designated the ravine at , SW 108/118 nc r .- •. th of Tualatin River �.ielc� 154' in elevation as significant wetlands, Frank Currie,, City, Engineer has detertPinc,d that the .. elevation shuuld instead be 140' as land above 140' in elevation is not within. the ravine, . The Planning commission held a public, hearing on December 4, 1984 ;,. to consider this i �.,sue and voted unan:imous3.y to recommend to Council, that the ;;•. l., 108th/113.th ravine from 150' to 140' . A copy of Ordinance 84-45 is attached. In addition, an ordinance amending Ordinance 84-45 as recommended by the Planning Commission is attached for Council consideration" Minutes of the December 4 meeting are not available, however, there was no opposition at the meeting ALTERNATIVES CONSIDERED 1" Approve the attached ordinance adopting the Planning Commission ,' recommendation.; 2, Retain the ,150E elevation as it appears in Ordinance 84--45 SUtEST5t ACTION Approve the attached ordinance adopting. the Planning,,COMftistiOn recommendation;4 (EANtpttu'0835P Y Li CITY OF TIGARD, OREGON ORDINANCE NO. 84 -� .� AN ORLINANCE AMENDING ORDINANCE 84--45, VOLUME 1, RESOURCE DOCUMENT AS ORIGT".',PLLY ADOPTED BY ORDINANCE 83-52 AND DECLARING AN EMERGENCY (CPA 28-84) . j ; WHEREAS, the City of Tigard adopted a Comprehensive Plan for the City by 1;, > Ordinance 83-52 on November 9, 1983; and ,,t ,' WHEREAS, Volume 1 * Resource Document was adopted aspart of the Comprehensive -: p I� Plan; and WHEREAS, the Comprehensive plan was submitted to the Land Conservation and • Development Commission (LCDC) on November 18, 1983; 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, . • cant wetlands t 1984, to • consider including the Ravine at 108/113th as a significant area and to consideo an exceptions process for developmnt near the ravine; and WHEREAS, a public hearing was held before the r;ity Council on July 23, 1984, . . for Council consideration of Planning Commission's recommendations; nd WHEREAS, on :Ju1l, 23, 1984, the City ,ouncil adopted Ordinance 84-45; and WHEREAS, the City Engineer has d'te.rmined that the 108/113 ravine should be protected below the 140' elevation, not 150' ; and WHEREAS, the Planning Commission held a public hearing on December 4, 1984, to . . consider amending Ordinance 84-45; and WHEREAS, The City Council held a public hearing on December 10, 1984, to consider the Planning, Commission's recommendation. THE CITY of TIGARD ORDAINS AS FOLLOWS I. Section 14 Ordinance 84-45 is amended to revise page 1-43 of VolUme 1 Resource Document of the Comprehensive Plan to change the elevation of the 108/113th ravine area to be protected from 150` to 140' , Language to be added is underlined below, Language to bedeletedis shown in [brackets] , Language will be inserted in the section titled "C Special Areas." 'Protect the areas designated as significant wetlands on the Floodplain l and Wetlands map and prohibit conflicting uses on those sites, The sites designated as significant wetlands area ," ORDINANCE NOW t14-,,, 1y,.. page , rn � • Summer Creek Floodplain and Riparian Forest Krueger Creek Sumner Creek Floodplain and Riparian Foc~esk at the east end of SW 135th Fanno Creek north of North Dakota Lavine at SW 108/113 north of Tualatin River, below [150'] 140° in elevation,„ Section 2. 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 immediately upon passage by the Counrl and approval ,by the Mayor. PASSED: By vote of all Council members present after being read by numbe and title only, this day of i95: Deputy City Recorder - City of Tigard APPROVED: This ,day of 1984, mayor City of iga+•d (drj/c (137P) • . F ORtXNANCt NO 5. ... "° %.. page, '2 1, • t .. a • 1 04•"""i` .•"r v p a.s: Mr,,,r.;K i" 'il. 1 3 ., w.�' A ' .1,u A li kr, w ,:.i. ^ _,,• °m'`Ir'^;: ,v.. ''t . xr • • r!k:'" a,» 4!a n...,�w.. •4;,�, li t.,�, ., � ,. .i ,n...*.L�j.uD' r.'';;� . I: '� t r ;,�.t,->. ,y.. gtF;; ''`r:�� lv�'�� ,,r{ , 'fix«r �;;.._. A � �, t. `i, . `; I4, i rT GARi:,,.: •REQUEST' '1'0''«'AMEND .:: + ', � �r .. ,.7 I "C ,M k,'.+e«a.,,.r:'�:+w -?A�t'� - SECTIONS °:18; 4. 4 ,�, :,1B � 8.050D 4,, tiNb. CHAPTEt� 18'.142, OF THE COMU NITY DEVCLOPM'MENT ( JE PUBLIC TESTIMONY o Gerald ine Ball, NPO ##4 Chairman polled her members and they unanimously supported staffs' recommendation. PUBLIC HEARING o Discussion followed regarding allowing Home Occupations in Commercial and Industrial Zones. Commissioner Vanderwood moved and Commissioner Bergmann seconded to forward Staff changes to City Council with a recommendation of approval. Motion carried unanimously by Commissioners present. 5,6 CV1PREHEOISIVE PLAN.,AM iENDSEN h,+C ` ' A ` Ec 1ESt'111 AtiE1410 ORDINANCE84-45 r Associate Planner Newton made Sta+;=fs' recommendation for approval • TESTIMONY o Elton Phillips, xfibE;5 S.W. 108 th, supported the change as It would 1 ',. make his land usable, • PUBLIC HEA IWG CLOSED Commissioner Wiens moved and Commissioner Vanderwood seconded to amend r Ordinance F4-45 to change the elevation for the 108/113 ravine. from 150' to 140' which includes changing page 1-42 of Volume I, Resource document. Motion carried .unanimoosly �. b w . '' 44 1EF MP ., 6.1 "Z ,# y t/ . 41 r Commissioner. F1,1 re moved and Commissioner Owens seconded to adopt the final order a. P repared by' Staff. Motion carried unanimously by Commissioners present, 5,2 Letter from kyster Company regarding toning along 72nd Avenue by Sandburg Road, Discussion followed regarding a work session to deal with this issue, « 6.3 ��'�� �; .Viers were re amt 5.1 ,end 52. �le1r�+�d� foe, • o president Moen moved and Commissioner Vanderwood seconded to adopt the final order for SCE 4-84 proposed by Staff. Motion carried 0 unanimously by Commissioners present. Commissioner Bergmann moved and, Cotmissx+tyn er Owe Moved ttoadopt the final order Por SCE 5-84 as proposed by Staff. Motion carried, unanimously oy Commissioners . present,„ PLANNtNC CO I$StON MINUTES - fCM=MSeR 4, ;1084 - Pa' GE.. 4 . . ......... i Aya. r'4 • + Y p //yy •, m , • I AGENDti' ITEM 5.5 PLANNING C"J4NMISSION, MTG, December 4, 1984 CPAi28 44 MEMORANDUM CITY OF TI ARO, OREGON • TO; Planning Commissi •in November 30, 1984 y y FROM: Planning Staff c a,V SUBJECT: Ravine at 108th/118th' ° Ordinance 84-45 adopted by City Council on July 23, 1984, designated the ravine at SW 108/1'48 north of Tualatin River below 150' ` in elevation as significant wetlands (copy attached.). Frank Currie, City Engineer F'-: determined that the elevation should be 140' instead as land above 140' in • elevation is not within the ravine, ' STAFF RECOMM 'NbATi:OW' The Planning. , Gomtnission should recommend to Councithat Ordinance 84-45 be amended to change the elevation for the /O8/118 ravine frottl 150' to 140' . This amendment will require a change on Page I.42 of Volume I', Resource Document 0816P { ..�.. .. e • CITY OF TIGARD,; OREGON ORDINANCE NO. 84-- ' AN ORDINANCE A.MENDIWC 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 C -prehensive Plan for the City b o.. Ordinance 83-52 on November 9, 1983; and WHEREAS, Volume 1 - Resource Document, Volume 2 - Findings, Policies and ImpleF. entation .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 .1: 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 — 1984 p y made to the 'City Council; and WHEREAS, a public hearing vas held before the City Council on June 25, 1984, for Council consideration of the Planning Commission's recommendations and WHEREAS, Ordinance No. o4-36 was adopted by the. City Council on July 25, 1984; and WHEREAS, on Jute 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 oa July 10, 1984, tb consider including th,1 Ravine at 108/113th as a significant Wetlands area and to consider an exceptiicns process for development near the ravine; and WHEREAS, a public hearing vas held before the City Council on July 23, 1984, 4, for for Council consideration of Planning Commission's ;ec:0th' endat ions of the Planning commission's recommendations `IHE CITY OP 'KART ORDAINS AS FOLLOWS: Section 1: Ordinance 83-.52 is amended to revise page 1-42 of Vo1usue 1 Resource Document of the Co .prehertaive Plan to include a list of those areas to be designated as signiricant, wetlands to be prote�;ted and preserved. Language to -be added in under:i.n�ed h �l: be inseiinserted�., elevvitt, at the beginning ' of "C. SPec Ax'eaa", 0RO1 A rC ,w NO. 84 ,- �. P. t • "Protect the areas designated as significant wettsrltis on Litt: Floodplain and Wetlands map and prohibit. confUcLin , usei uit, '. , 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 A:, . `'r' SW 135th ; Fangio Creek north of Nord' Dakota .,,` Ravine at SW 108/113 north of Tualatin River, below 150' in elevation. Q•, , Section 2: Chapter 18-34 of the Community Development Code shall be .. amended by adding a Sectior. 18.84.045. Language to be added is underlined below and will inserted after section 18.84„040 a "18.84.045 Lxce•tions for Develo•ment in the 108th/ll3th '. `, Ravine Significant Wetlands Areas. •.` ; A. Under the ' Sensitive Lands Permit: process, the Hearings Officer may a.,l.J.o.a portions of t'le Ravine at 108th and 11",nth de ijnated as , a significant wetlands area to develop •rovided that all of the followi.rn: criteria ,,.x...‘, ate met. , r. . • ,' 1.. Al.l of the land (within` the; ravine) being considered for dev4l.opL;dent« 1.6 at less than 25% slope. ". 2.y ,:',.`7,:r. , , :: The»,:_...,Ce are no unstable soil conditions on the land bei 2. considered for development.., 3. T?102 provisions f chapter 18.150- TSL RE140‘,Tikl, 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 ahaJJ. ' (-- become effective on July 25, 1984. PASSED. By : . 1,# 404,4_,!; vote of all Council members present after "� beingnumber and title on f �read by 1��;4 � only, � this ,,,; :::3,-,t4 .'._' day � �, i '':„, -1"1-b--------- * 11 k 411.14^411, 'eputlr City Reorder • City of Tiglyd '' Ap8 Or . This ' �; day of , r 1984... H. I/11P 1 ' ' ' 44 ' ' s .or - city of tigard trogyA:AppRovsb, , abiNA.t4CE NO. 84-