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Planning Commission Packet - 06/04/1974 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. x AO�MaA i '*,OARD PLANNINO COMMI88ION �1 �ular M��tin�, Jun� 4, 1974 , , .wality Junior N!`h 6chool • L�cbur• Room ik6b0 B�W� 97th Av'�au�� Ti�ard� Os��on 1, CALL TO,ORD�R �: ::; 2, ROLL CALL ,', 3� APPROVAL Of MINtJTtB ti 3.1 R��ular Nubin� o! ll�y 11� 1974 `i 4� Pt1sI�iC HEA1tI�10 • ZoelnR ;� 4�1 Otdle�na• Myl�Sont tropo��d otidln�no� �m�ndin� TLrI� l�� Tl��rd Nuniaipal� Cod� or��bin� an int�tsm 1'lood �L�in Di�r�rior and d�olir�n� *n Mn�r��noy. 8ta!! Comm�np� T��timony Commi��ion Dircur�lon �nd Acrinn ' S. PU9I,IC HEi�1tIN0 • Zon� Chan`� � :i 9.1 2C 9-74 (Cltiy of Tf,��td) '` �__ A r�qu�sti by eh� CLty o� 'Ci��rd tn ch�n�• ixi�tin� Cduntiy rdnin� tn enmpar�bl� City zan�� wl,thin � n�ly �nn�xsd �r�r, Cl�y prnpo�e• �o chantr axirtin� County !tU-4, Urb�n tt�rld�nti�l nl�ErlaC tio Ciqy 1t�7� 5ln�1• l�amily 1t��id�n�i�1 Dirrricti, Th� �ub'yct •r�• nompri��r 16,6 �nr�r �nd !� �rn�r�ily lonrt�d nn botih �id�r nf B.W� 14tih�rin� BC�r��t� b�h�+��n BW 'fl�ard 5er�a� �nd SW Ti�d�man 8tr��t, (Trx M�p 181 3bC, 'Cax 3,oC� 11d0, 1101� 11U7, 110J� 1104� ilp9, 11q6, 1107, 1it79, 110�� 1110, 1111 �ed Tax M�p 7B1 7D8, 'C�x Ln�� IOG, 2Qd� �Otl� 3tl0 �ed 600.) i! 5�a£f Findinar ` T�rtirrwny 6� Cro�� x�min�rinn St�£f Kicomm�ndabion Ccmmirrion Di�cur�lon ed Actlnn 6. PUBLIC HEAitINO - Noe•Cnnfoxm�e� tl�• L�xp�n�l�n i' 6 1 NCU 1•74 (H��m) '' � A r�quu r by Willlr►n �� b��m tin �xp�nd rn �xlrtiin� non•nnngormiet ur� en a �: rl,ti� cdm�r�iin� ,17 acr�� nd lnn�t�d �� 13yG0 dW ArciEia Hi�hetay. �x��tin� � xopis�r !� C-3� O�n��r�l Cnmm�rclN1, flh� �pplioan� ptiop��in� �o add � bRdrqom� rd � s�ri�dana� ae th� rub,��at rlti, (Trx AUp 2�1 ZCS� T�x t,nt Z100), 8ti�� glndin�� 'Cir�l,many �+ Crdr� 6x�msn��f�be y ,,°. 5trff tteCemm�nd�tlnn �' �,,,. Ccmmf:r��en T�irnwrinn �nA Ac�4dn � 7. U��CU�920N - V 7-7� (Clrclo A-W PYOduntr Co�) ;; A �r�qudrti by th� Clraie A•W Psndua�� Comp�ny �or airr!l4qr�i�n n� r p�evi�ur pirenin` Cammirridn �c@lor� r�l�blo� bn �h• ��tant pi a ride yr�d •e�baatt, F # 8t�lf Comm�ntr 'C�rrlmany d! AppllC�n� Commlr�ion �licurrion red Aabl�nn i k �. (rl'Htit DbgINC�{B � �9� ADJOUIttIMIEN'C ' . , \ � . �€° �, � I�TNUTES TIGARD PLANNING COf�I�ISSION Regular �Ieeting, June 4, 1974 TWal,ity Jr. High School - Lecture Room 14650 9.W. 97th Ave. , Tigard, Osegon 1. CALL TO ORDER The meeting was called to order at 7:40 P.�I. 2. ROtL CALL A. Present: 6arkh�rat,,, Hartmany I�ickelson, Niaoli Sakata, and Chairman Whittaker. B. Absent: Bal1, Hansen and Frazier 3. ApPROVAL OF I�SNUTES 3.1 Regular meeting of I�ay 21, 1974 A. ' The minutes of the meeting Were approved as submitts�d •4. PUBLIC HEARING - Zoning �`" 4.1 Ordinance Revision: Proposed ordinance amending Tit�e 18, Tigard municipa�. Code creating an interim Flood Plan Uistrict and declaring an emergency. iStaff Comments A. erooks presented a summary of the proposed ordinance pointing out that it is an interim ordinance in.tended to be in eff'ect for a 2 year period while a detaiTed , engineering study is being conducted. Testimon Y A. Several people testified Who owhed land ad,jecent F�nno Creek and Would 'be affected by this ordinance. ' The people Who spoke where; Henry C�.avery, 7515 3.W. Bonita Road, �Ir. S�hnieder, 7775 S.W. Banita Ro�d� Joa Shultie, 10065 S.W. Johnson Street, �Ir. Sch;ultz,, 10005 S.W. Johnson Street. The reaidents from the Bonita Road area were concerned about floading on the creek and felt the aolution was to atraighten �� ' the creek and take othes corrective me,jors Which , Woc�d increase the efficiency bf the creek to carry �torm water. � The citizen from Johnson Street Wa� ooncerned about � the Grent Street bridge and the w�y it functione as a dam by inhibiting run-off during times of floodXng. _ ._...:i i ' 8. Students from Tigard High School involved in the Altern'ative Futures Program put on a slide show ' featuring Fanno Creek and the need to preserve i�s natural assets. �.> Commission Discu�sion and Action A. Barkhurst asked Brooks if the prQposed ordinance is intended to be an overlying zone. B. Brooks said yes tnat this was �he inten� and that uses allowed Would be defined by the underlyin� primary zone. C. Barkhurst stated his belief thattfie..Planning Commission � should hold another public hearing to allow more time for consideration of this imp�rtant .�ssue. i He said the Washington County Floo�i Plain Ordinance takes a different approach i'r�m the one bsing proposed -�; by the Planning staff and he Would like more time to research their methods. He stated his preference � for the Washington County Ordinance because it resulted � in allowing some development to take place .in the i flood plain if the applicant could prove no detrimental � effects would occur. He disliked proposed ordinance � because it would stop all development for a 2 year period. € a �,. D. Brooks said that without a proper engineering study there is no basis for the City to evaluate the dev�lop� ers proposal to ascertain if detrimental effects would be proposed. E. 8arkhurst said, "I raise the question, is it fair to stop all development because the City has failed to carry out a study. " F. Al.. Gerrard from the Washington County Public Works I offa.ce stated that the Couhty ' s original Ordinance was similar to that being proposed by the City, but he then stated his opinion that the City' s proposed ardinance was too drastic a measure. He said the ord-. inance Which the Count:y is proposing alloWS the devel- oper to place certain developments in the flood plain if he can prove that' h� will not� b�ck water on his � neighbor,. incrlease doWristream flooding, or in any way displaae water onto adjacent property. G. Brooks asked mr. Gerrard what the basig for revi�wing such an application would be. H. I�r. Gerrard said the first requirement i�s that the proposed development plan t�e prepared by a registered engineer. The report is �hen turned i►1to the public � Works department and a reg,istered engineer on the staff or someone under the guida�nce of a register�d engineer wi11 review the proposal. ' Page 2 - PC �linutas - June 4, 197G T. Fred Anderson said that the Washington County ` O�dinance had much to commend it and stated h�s , belief that the ordinance proposed by the Planning Department was not yet seady to go to Cpuncil. He continued by saying the ordinance needed some �:� type of conditional u�e or similar procedure to allow special exceptions where the intent of the ordihance would not be violated. He said that h� did not think that a freeze on developments as proposed, would be justified. J. Hartman said he felt the Planning Cofnmisaion had � enough�� infarmation to adnpt a Flood Plain Ordinanc� at this meeting. He stated hia preferenQe for the apProach taken by the County and suggested tFrat the staPf could be instructed to reWrite the propoaed ordinance. Basecl upon the approach taken by the County. K. Whittaker suggested that th� ordinance ahould be tabled to allow future time' for research and considesation. L. Hartman said if i�e are going to adopt an ordinence substantially similar to what has been presented, that the Planning Commission may as well cerry out that action tonight. I�. Nicoli expressed concern about an earlier remark made by the City Attorney that the City could retain a consulting engineer to r9view submittec! development � proposals for the flood plain. He said that if the developer were charged a fee for the revieW, that he would in eflfect be paying for the cost of engineering sQrvices tWice; ane When he had the original plan prepared and twice When the city had reviewed the developer' s proposal. N. Chairman Whittaker asked the Planning Commissioners if the,� felt the staff shotlld be ins�ructed to do more work on the ordinance according to the previous discussion. The concensus was that the ordinance should be sent back to stafF for further work, 0. Hartman moved to table the proposed fload plain • ordinance to al1oW the staff further time to prepare the ordinance and to include the approach employed by the Washington County Ordinance. �lickelson seconded and the motion passed by' unanimous vote of those Commissioners present. 5. PUBLIC HEARING - Zoning Change � 5.1 �C 9-74 (City of Tigard) , A requ�st by the City of Tigard to change existing County ' � zoning to comparable City zones Within a newly annexed area. City proposes to change existing County RU-4s Urban page 3 - PC �linutes - June 4, 1974 � �, . 1 • Residential f�istrict to City R-7, 5ingle Family Residential bistrict, ThA subject area camprises 16. 5 acrss and is generally 1oc�ted on both sides �f S.W. Katherine Street, between S.W. Tigard Street and . �. S.W. 1'iedemr�n Street (Tax Map 151 35C, Tax Lot 1�.On, 1;101, 1102, 1103, 1104, 1105, 1106, 11D7, 1108, 1109, 1110, 11�1 and ?'ax I�ap 2S1 288, Tax Lots 100, 20'0, 300, 500 �nd 600) $taff Findings ! � � 1 A. 9rooks presen�ed the staff findirlgs relevan� tq th�s aase. � Testimany and Cross Examinat�:4o�,' � I i , ; A.' No o�e was present to testify either in favor of o� tir�• � opposition to this reque�t. 8taff Recommendation � A. 5taff recommended approval of the City reques� to � change existing County zoning classification to a � comparable City zone. Said zone is described as � follows: � �! All County RU-4, Urban Residential District t� � City R-7, Single Family Residential Zone. � �� . Commission Discussion and Action A. The Commission agreed that this was a routine house�- keeping matter and did not choose to discuss this item. ,�� 8, Mickelson moved to approve the re�uest in accosdance �; with the staff fihdings. Hartman seconded ancl tha motion passed by unanimous vote of those Commissionera ; present. 6. PUBLIC HEARING - No�n-conforming Use Expansion � ,� ,, t 6.1 NCU 1-74 (Beam) " � # A request by William 8. 8eam to expand an exi�ting '' � non-confosming use on a site comprising .17 acres and � located at 13300 S.W. Pacific Highway. Existing zoning ; is C-3, General Commercial, the applicant propQaing to � add 2 bedrooms to a •residence on the subject site, 4 (Tax f�ap ZSl 2CB, Tax Lat 2100) . r Staff Findings ` A. Brooks presented the staff findings relevant to this case. Pointing out that the reques�ecl expansion � exceeded the 20� floor area expansion a1loWed in the Tigard I�unicipal Code. Pag:e 4 - PC i�i;nutes _ June 4, 1,974 - _ __ _ _ _ __ _ _ _ . _ , . __ .._ _ _ }; �i �'! � � Testimony and Cross Examination � �; + A. �1r. Beam was present and ssid he would be happy � �`- to answer any questions the Commission had. ..: f.: B. Whittaker asked the City Attorney if mr. Beam � could apply for a variance to allow an expansion beyond � the 20� allowed in the non-canform3,ng use section of �` the ordinance. �`' C.�,, Fred Anderson said that, While he is� in sympathy with �- ;, � ,��, mr, Be.am' s problem, the ordinance does not a11oW an ; ; , ; w=y`^`,��: xa'xpansion,� beyon�l 2Q.�, �ncl ha d�.d �ot feel this Was an ... ` Nt"f �,rry. � , 44.�,��y� r : 1� i,. ., , �r} "i.�em appropriate t�q��:,��,,y��-,r +,� ,��y i n . . ' � 5 '�'4 Y�� ^`,��. . .. t,a �:,.r''4.b1� °.' � td"tw. 1 . �*s'`Ll. ' (�ickelson asked 8eam �if'`°'�Yi'��'��' �'P��'�j�r�'1ra:s �oned commerGial � when he purchased it. � , a�''� E. 8eam said yes it was. `'I� � F. Hartman stated the Planning Commission could only ; grafit a non-conforming use exp�.n�sfott to a11oW a one � `r� bedroom expan�l.on instead of two bedrooms and asked I�r. 8eam if he was still interested in obtaining an , a roval. PP ' i': G. . I�r. Beam replied that ohe bedroom is better than � none. �' � Commissian Discussion and Action �" ��I A. I�ickelson moved to approve the requested expansion for an additional 128 square feet. Sakata seconded and the motion passed by unanimous vote of those Commissioners present. `� 7. DISCUSSION - U 7-73 (Circle A-W Products Co. ) �� ; R request by the Circle A-41 .Products Company for clari°ication i" of a previous Planning Commission action relating to tha extent �'� of a side yax�d setback. E' . j:i Staff Comment I (,4 �� A. Brooks reviewed the previous variance granted by the �; Planning Commission and� said i.� was his understanding �he k`'. easement condition included of the vasiance approual t� applied to th9 entire length of the existing building �� located within the 20 foot setback area. Me said it was for ��': this reason that Circle A-W Products Company is seeking '� a clarification concerni,ng the length of the setback �' � easement required as a condition+ of the previous vari�nce apprnval. �i � � f Paqe 5 - PC I�inu�es - June 4, 1974 � . Testimony of 'Applicant ° A. Ron Lowe, the applicant' s attorney said his company' s �r- request Was for a varianco to build a� addition ' � . on the rear of their building and this was the only area that a variance Was requested f'or. He said the remainirtg portion of the building was constructed ' Within Washington County according to their setback provisions and this pre-existing fact does not �equire a variance. In addition, he submitted a new survey ! showing the Cirele A-CJ huilda.ng 18� feet from the '' property line r�ther than the 12 feet previously � believed. ;i , ,; Commission Disaussion and Action E . f' A. Whittaker said that it was his impression that the �' intent of the original variance approval was to requirQ �' an eassment for the entire lenc�th of the existing; building �; locatinn within the required 20 font setback area. 1 However, he said that if �he existing building actually �� is located 18� feet from the property line, then an �� easement on the adjoining property may not be necessary. �± 8. Nico�.i said it was his understanding the building free �'? easement on the adjoining property only appli,ed to the �� area adjacent the proposed new building. (�ickelson � and Sakata both agreed that this was also their under- �1 standing. �a � t C. Barkhurst moved to grant a variance to within 17� feet of the south ro ert line sub 'ect t o the submission of P P Y � J an accurate survey. If it is found, following the susvey, the existing ' building is not 17� feet or more from the $ south property lino, then a 20 foot building free easement ' shall be required for the length of the proposed and ;;: existing buildings within the required 20 foot sideyard �' area. Hartman seconded the motion. Nicoli ssid that he could not agree with requiring tF�e' buil'cJwng�free oasement �:'. for the entire length of the builcling. i;. f 0. Th� motian was put to a vote and passed by a unanimous `'' vot� of the members present. ��; E. I�r. Lowe then asked the Planning Commission ifi' they Would �,� instruct �he Planning Director to sign off their plans { so they could get a building parmit as rapidly as �b`� possible and begin constructidn., He stated that Circle �i A-W Company would tear out any foundations pr foo�ings �� constructed if Circle A-W Company could not meet the �� condition placed u�an the variance as finally approved. ; ,� .� F. garkhurst moved to a�uthosize the Planning Di.rector to tu�n '� the plans over to the Building Department where they cauld i�sue a building permit if the requirements of the Building �� ,, Department had been met. PagA 6 - PC (�inutes - June 4, 19`74 , ' G. Martman seconded ahd the mo�ion passed by unanimoua � ' vote of the Commission present. �' 8. AOJOURN�ENT: 10:30 p.�. �:... ' ' �_ �: i � � Page ? - PC I�inutes - June 4, 1974 .� . . ' . � �, _ .. _ _ _ ,. _ �.��r:.�- � . . � �.,.. �.,: ,. ��.. � " NOTICC OF nUBLIC HEARTNG t; ,_, GZTY OF' TTGARb f�LF1NNING C01�(�1IS5IQN �; j �. f'; � Nata.ce is h�r�by c�iven �f:ha� publ,ic hearings wi11 I�e i', held by �Ize Ci�,y of 7igard planning Camma.ssion in �; the �ecture room of Twali•l:y Jr. I-ligh 5chool, 14650 '{ S.IJ. 97th Av�nue, Tigaxd, Or. egan, on June ��, 1.97��, �I a� 7: 30 p.l�. with respPCt ta the following: k � Ah ardin�nce con�trolling i'illa�rig �nd dev�lopmen� in the flood p].ain of Fanno Cr.�e!< and i�ts tributari�s. Thc flood � plain a.a definod a�� a lCld ye�r fload as � def'ined b}� the 6lashir�g�on Cc�unty Fload plain �eries �1a�s da�L-ed April, 1.97�+. Th�.� is an in'tQrim urcla.n�nceq allowing a two ye�x� peripd for conducting the necessary engine�ring studies far determining the basi� t'or aclopting a perman�nt o�dinar�co � regulata.ng �he use af I.and wi�hin the ` flood �lain. Fln applic�tion by Wi1la.am Beam to expand �: a n�n-conforming r�s.i.cienti�l use in the C--3, G�n�ral Camm�rcial zon�. The subject property a.s located at 13300 S.IJ. l�acif ic Highway. A barber shr�p is located on the (� subjec•t praperty in Fron�t oP the house b�ing considered Por expansion. An a�plication by �the City oF T�,yard �to change the existing Coun�y zonit�c� on � recently annexcd ].ands on Kathorine and � Tigard 5'�r�ets from W�shing�on County , F P,U--4, U�ban Resa.denti.al Distr9.ct �Lo the �; comparablo City of Tigard, f�-7, S�.ngle Famil.y � f�esiden�ial zone, The ei'F�cted prop�rti�s ;' ar� definod on the l,Jasha.ngtan County Tax �' Ns�essar's maps as; Tax (�a� 1S1 35C, Tax � Lota 1100, 1101, _1102, 1103, 1104�, 1].05, k' 1J.06, 7.107, :L1�8, 1.].09, ].J,10, 1J.�..L and � TaY. P'I�p 25J, 288, Tax Lo�: 100, 200, 300, k, 6QQ and 60Q. All person� hava,ng an in�Leres� in �Ehese matters are �' invi•ted to at��nd a�cl b� heard. �5 �? �; t'' t:: � 1� ; 's; � ., r � �Y�,� �. ��(.:F' A ..��Jt� � � �Y f i' ,�'fC `,, � � '�;l G,` 1 �iT'... � . . .. . . .. � .. . .. . . . . . .. .. . . . .. . . . . . ... .... . . .,.. ... .. ..-i..... �y :...._ ., ........; _ ... � .. ...�,:.� , � ,t �1E�IORANDUI� REPORT `.:. T0: Tigard Planning Commission FF2f7�1: Planning Staff DATL : f�lay 3U, 1974 � SUBJECT: Proposed Flood plain Interim Zoning Ordinance ' T'H� �ROBLE�1 The City of Tigard currently has no means of controlling rJc:vclo�ment or filling within the flood plain areas of the Tuala�t,in Riv�r, Fanno Creek or its tributaries. 8y allowing confiinu�d filling, and the potential Por flood plain development, �1:rir, City is creating a hazarrJous situai;ion. It is now completQly lr,g�1 t;�� fill or �onst_ act struc' ��re within the flood pl'ain. Thi� could includo the construction, o� residential as wel� � �� comm�rcial and industrial p�op�r�y, an �xample Ueing �,I�F� recently flooded "Farmhouse Apar•i:ments" in Tualatino t?oth const;ruction and Pilling obstruct the flow of flood ii�ters and �lso diminish th� volume of water storage capacity within ti�e flood plain. 4;,,. Cor�structio�� nd filling of the flood plain a.s an especially r.ri�L-ical concern for a number of reasons. TI�� Fanno Creek dr�in�ac�� area is cuxrently developing at a ra�id rate and ;:; �n�icipated to grow euen faster upon campletinn of th� purh�tm 5ew�rac�e TrEatm�nt pl.ant. Thi� ►Jrban growth and :�s r�lated paving and roof structures d�cr�ases water r. c�t;�nta.on on i;he ground and spe�ds riormal �torm drainag�, �nrrc:3sing the storm runbfP volume over a yiven p�riod o� �.imca. At the same time devc�lo�m�nt and filling is occuring �^].ang �the rivers �nd streams wi�hin the Tiaard Community, ;rr. ��iding J.ess volume and spare fpr watc�r. storag� ��nd floW. T;�r, .,a.tuai;ic�ri can be summed up as havinr� an incr�asinr� storm ��i�(.�:r vulumc and dPCrcasing stnrage capacity for this in�reas�d v��).umr-, consequen�:.ly a potential �xists i'or floc�ds of increasiny snric�iauness. !� c�9.v�n volume of water in a coni;ainer of �teadily r.�ecr�f�a�inr� aize will rise ov�r thc •tap �f the cantainer. A ,i.mil.c�r situation is now occuring in Tipard. P�!umerous � in^,�:r�r�c�s oP f illing flood plain areas have been orcuring w.i.fwhin the !,;.ty and are ��scribed as Fallows: ('r�w l:larehous� - Ash Avo and Burnh�m �treot, Orec�on raod ��rvic� - 1-I�11 Blvri. southeast of Burhham �treet. ' �uu�lr {��operty - I-1a11 Blvc�. s�u�h o i f3urnham S�,r�o�t !1{:.las �teel C�o. - Tigard Si;. , w�s L` af �1ain 5 F. f;r�ay War��housc -- 7ir��rd ��L•. , wrst oF Gr�n�L St. � 'i'igard Lumb�r - paclfic Ilighway, sr]uth oi' Jol7nson St. f�uc�r�L qie Czstin� - F3�r�i.ta Road, woat of 7?nd Ilv�. I)?nehar�; Properi:y - �hady Lane, �i; �Jit17 Ave. 11-E1oY 1,10�t - �1ain �troot soutl-� �f l�urnham Street � �, . ., „ � _, _ _. . r . .:._.� �...... � . .�.. .,,.�,...;, .,.,, ��-�«s. • � Bonita Plaza Apartments - Banit� �oad at 76th Street f I�hiladelphxa �quare �lp�rtmPnts - Ash A�enuF at Ni11 5t. C, �.R p 1'I��c (�1anning �'taff is also aware of prapnsa].s to fill thQ Pi °ollnwing additional flood �lain lands: Philadel�ihia Square ,qpt. Expansion- �'�sh /�ve at Hi.ii 5t. II Lee (�roperty - Burnham 51:reet betw�en Ash and P�lair-i �t. � �ohnson Property - Ti.gard Stree� at Gr�n�. S�,reet. �� i.11ing r,an rio� only d�crease the water stara�e capacity oP t i.;he f'laod plain area, but also creates an obstruction tc� a t,Pic� rlow c�F water within �th� flood plain causing water � vclr�ci�ty to slaw and sometim�s causing crnsion on adjarent � , I;re�� bant;s. In some instances fills �n bo�th sides of �. strc��m can creatE a damRiing Eff�ct, increasing water ? ri��tl-is on upstream properties. � a I��i�lic roacis , br�.dg�s and utility r,rossin�s can also adv�rsely k aff'ect Flood �,iater flows. OPten bridge openinc�s constrict R �h� Plow oi' flo�d wa�ters, creating an impoundment situation. � Tt�� bridr�e and culvert on Hall Blvd. south of gurnham Str�et } ar�, currently inad�quate to carry pea!< flood run off as g evidenc�d by last years flooding. The bridc�e at f�lain Street y also backed up water during last seasons flooding. (See � � Tablr: A f'or r�lated data) A situation �xists at the County � lar..a.dg� on Danita f�oad whore a downs�re�m fi11 at Pudg�t ! � Di� C�astinc,. actually cans�ricts the channel to a greater degree than the existing bridge structure. `l�: this point, gi�en availablo data, it is difficult to �redict the magni.tude of the existing situation in terms of' hazzrd to the �ublic. We do know tt�a�t, in similar situa�:idns concerniny rapidly developing urban areas, flood � i��t�r levels increase as cievelopmen•l; and filling occurs � wi�thin a given drainage area. We can reasonably expect � flo�d cianger and damage to increase if development and filling ar� allawed to continue uncontrolled. Cansequently, the ��roposed Interim Flood Plain Qrdinance is designed to allaw m�aint�nance of' the flood plain as it exists, while a detail�d r.�n�ineerinc� and environmental study is cnnduct�d to determin� � i;i�c rnagnitude of the s�ituation and to suggest a methiud of managing th� City' s flood pl�in areas. I^:'TEP�1T OF Pf�OPOSED ORDINANCE As pr�viously stated, th� proposed [lydinan.ce will a11ow maintenance of th� �xisting si�tuation within the flood plain, rnaintaininc� flood storage capacities and flows and restricting develo�ment prone to flood damage. The Ordinance is an ini:crim orclit�ance, proposed to b� ePfective for a period of i;WO years while thE aPorementioned enginoQring and environmental � �Ludies are completod. Page 2 �- . . - , __. .. .. .. � � __ � ,.�.,, _ . x � t�. , � � �� .a __-_: ____: _ .. BRfiDGES ACROSS FAlINO CREEK " 100-year Underclearance Mile Lo�r- flood Above Below above Water Floor erest 100-year 100-year m4uth Identification elev. elev. elev. Elev. flood flood feet feet feet feet feet feet 1.0 o.E. Rsiiroaa 135•7 J 129.2 132.1 2.9 - 1_15 State Higliva� �17 131.1+ 129.7 129.g 0.2 - 2.2 Bonita xoaa �37.1 �36.�+ 135_6 - 0.8 3.5 state High�ag 21`j 1�2.0 1�+�+.4 {_.l�+l.o�� _ c- 3,!� --- --� � �.3 sW. �in �treet l�+g.�. 1.49.6 c�i�+7•5� - �.a.1.� ; 4.� u.s. ��y 9�r i62.3 i5o.2 i5g.3 9.i -_ - H �+.6 51�. Grant A�enue 150.6 151.�+ 148.8 - � 2.61 0 5.2 SW. Tiedeman A�erzue 15�+.�+ 155.2 1�2.6 _ ;__ 2,(~_`� � �.45' SF7. 2'igard Street 15�+.8 156.8 153.o - `3.8 > �' S.7 Sii. Aor-th I)skota SLreet 155.7 159.0 153.9 - . 5.1 -, . 6.6 Seho�2s Ferry Road - 163.8 . 166.�+ 1�1.6 - �•8 � ' 7.85 State HigIzWag 217 174.$ 176.$ 173.�+ - 3.�+ � ; g.55 s�r_ ,�en� R�a . 180.2 185.o � �78.2 - 6.8 � -� . 8.75 s.P. Co<. Railroad 193.3 � 187.3 l�c�.8 3:5 - , 9.65 Scholls Ferry Road 19�+�6 197.6 193.3 - �•3 - lf Top a� rail.. ' , . ��ecific purpases stat�d w��h�n tho Urdina�nce relate t;� pfio�ecti4n of the public hoalth, saf��y and welfare, r��duct�on oF financia� losas, pro�ec�i�� 4F the flood �l�zn from encroachmen� by fill �nd davolapm�rtt and t� � @r��t;�c� individuals ��om purchas�n� land unsui�od fo� rj�v�lopm�nt. � �n. addi�ional purposo of thp proposod Ordinanco i� �o i'u1fa,11, the [:lb,jecta:vos ��andaTd� and polici�o oP t:he pari<o sF;r.tion of Tiqard CommunitY Plart. ; i � Qbjor�tivg 3 of this saction sta�AS that, it is an �� k�.�ec�ta.ve of the P1an ��tn establi.sh a yr�enway 3ys�om �tha� i,�i11 rsduc�E fload hazard by res�ra.ating d�volqpmeni: aJ.ong n��ural ciraar�a�e ways. "Policy and �tandarc� 2 oF the P1an ` s�:ate� th�t it is desireab].e to "pr�,�rves natural drainage— '�: wa;� hy pror�ibiting dove].opmen�t that would obstruct the � ! P1o�cJ �lain, as provided by tha zaninc� rc:gulat,ions. The � r�QACI ��].ain oF the Tualatin River anci Fannr� ('reek F��ve he�n rJalineated by the U.S. Army Corpa o�' �nga.neers. " , :lli:.l�ougt•i thc, Tiqard Community Flan 1,1�5 adopted in ].971 i anc:f racnc�n9.zEd th� pc�tential floc�d hazard, thzs is th� � C:i_�y � s first attemp�t to implement a flood plain ordinance. i llna�chPr. subsidiary purpose for the adoptiun of a flood nl�in ordinanco is the ability nf busittess 1htE�ESt� and J homeown�rs in flood hazard areas of thr: City �o continu� � `,:' •th�ir eligibility for federal mortgage guarantees ar�d � insurance, mortgage loans, and other 1Pnding by federally i ir�sur�d or r�gulated financE institutions t'or construction nur. poses ancJ other forms of federal assistance for financing czhita]. cnst;s of construction and equipment. The "Flood �i�as�t;er Protectian Act of' ].973" provided the DepartmEnt , a^ Fiousino and Urban Dev�lopment miast idc:ntify Plood prone f comnunities and notify their ex�cutiuP of'ficers by July 1974. j Tigard has nc�n preliminarily identified as such a rommunity and j h�s uni.il January 1, 197� to prove i�e ar� not flood—prone j or. r.an prou� th� existence of a local building permit system � �r�aLe:cta.ric� ��ains•t flood hazards. The �r�viously montion�d i � J�.�IIC�.LO��J become effective July 1, 1974, i� a �lood prone � � community c�nno� prova i� is not flood �r.�n� and d�es � ncit 2do�t ardinances satisfactory to pro�Lect develo�monts �:iil.l�iin flood hazard ar�as. /�doption o�' cades prat�cting a;�:��.nst f loodinc�. will allow City bUSitlasses and hame�wners �l,ca c�u�lify i'�r foderally insurod loans and fodc�rally subsidized f'lnocl insurance. ?ri addi�tion L•o the abovo stated purpose� for adopting a !'loor� pl�in ordir��nce 6)ashington County has had a f lood—plain ordinance far a number of years and has recently Expanded �hr� eytQn�t; of the ordinance to includo a11 tributaries ��ii.i.F�iin �h� rounty. Of importance at •t;hi� poini: is to und�:rs�L-�ncJ tha�l: while Tigard has no fload—plain managomr�nt �, �rngram, �Jashington County has develn�ecl a sys�em encom�assing a?.1 ��terways wi�hin th� county, including the portions of f��rrinr� Creek undcar C�unty jurisdiction. � Pag� 3 I , Tt in impar�tant that Ti.gard adopt a similar prdinanc�; �n f a�i1i l:�te continuaus regulatiun a�.onr�. all por�a.��ns ��.: af �a��n� Cr�:ek. The reasons should b� r. �adily unders�ood. 1P Tir.�arei �ll�ws con�trurtion wit'hir� �hr� flood-plain �f f��nrio and its tributarie�, thE purpose of' z�egulation set �'Ur'ch �� i;he county governm�nt may be n�c��it�d. Continuous z�r;c�ula�t;.iar'� alanc� all porti�ns of Fanno is needed to insure unif�'o�mi�y oF control wi�Eh the pu�lic int�r�st �s the goal. 11��1}, OF /1Pl�LICATION Thc proposed FP pistrirt is int�nded tr� �ncc�m�ass thosc� 1.��°�cJs wi�hin thp 1Q0 yaar Flaod leve].. This l�vel is recognizeci _ tiy 1-IU� as a criterea far d�fining flor�d h�zard areas ancl is ;� gcneral definition of flood plain arG�s throughout �Lho cc�un�try. . Flc�wev�;r, �ome rommunitips havo ado�tod �Q or 25 y�ar f'lood levels. The 10(] year f l.00d is dEf ined as a 1; . ch�nee of a Flood occuring ��ith�.n a s�ecific area within anY Partinular year. h� rc� . ose� has� •For d�t�rrnining �the 1.00 ye�r flood lovel T � C . t,ii�hin thc T�gard Commun�.�;y i� � map prepared by Washington .aun�y in conjunc�ion witt� sevoral Feder�l ac�encies. Th� r�t�p is an �erial phot�graph d�picting th� 1Q0 year flood r�J.:ain �nd also indicatiri� al�vations a(' the 100 yc�r flood a� v�rious points along the T�alatin River and Fanno Creek. f��a�ur�ments �rom this map and use oP �;levation interpolution �;;! or� �h� City ' s nEw planim�tric maps wi1.1 t�e used �to dofine ��17�: f1�od plain area� on �nocific prop�rti�s. r��i��ITT�n U}�s P�rmitt�d anci prohibi�L-ed land uses ar� d�fined by I,fi,� p�opa,c:d orciinanc�. �asically , no f ill or �tructures ; � cr; allo<<��d uithiri �ch� P1ood pl.ain. Temporary structuses, i, �,��ily removable dur. in� pr:rinds of P�.aoding, wauld be ; �:l]_r��.ied. '.�truc tur. �:` �.��oci�{�ed with r�rrca�ion dev�lo�rtten�L, � n�* �i�r�ifirar�tly i.m�Pr_ling thc f l�w oi= ��at�r within the � r .l��od-plain shall a1�a I�c allowed. OFF-s�`.r�ct �arb:iny and i cianeuverin� �rc�s �'ar all uses are allowed as w�ll as � 1.��7dsc��c�d �reas an�J yards i.r� re�iden tial. zones. " r� � ��.� ses locat:�c; within �Lhr Fw Di��h,rict a�� ,��ii cor�, r�rms.n,� u :i,��1�!-„r;t�d[:C1 'L-t7 !�� handl�d as non-conFc��z�rnin� u��s arp curren�:ly ��r��ccss�d. Th�t is, th�y may increase rloor �reas by 2Q " u��r.an �pprc�val. by the {�lanning Commission at a public f��4�z•inc�. � � �i��C.;;SRL RrUI��.� Tl�is sE�ct;i.orr ni' thc: E�rnpos�:d �rdinanc� all.o��s any �� . ��rrri:.y r�i�nc:.r , �,ihr� ha� ca�ase {;o dispu�� th� Cit/ �i�t�rnr�tation .:.I�r ru�ula�ory f 1o�c1 I�nun�ary upnn I�i� prU�er�Ly , to apply � Page 4 =� Lf��; f�1�3nning C�mmissi�n far Special Rcview. Thc: Plar-ining : .;„ ;;onrnis�ion, at such a rev�.ow, wc�uld determi.ne iF �he app�al �,.. r�l; L-f-io regul�tnry f'laocl boundasy is v�l.id and, if valid, - " ��»�.i1d �ct �o acce�t � mr�difi�d i'].00r.i boundary �n th�ie a;��li .r,ariL• ' s property. Of course, an �ppeal to th� Council - � is oa�,sible i�F tho Planning Commission re ject� ari applican�' s �,��que;st. Tl;i,s provisiart of the Qxdinance is c��s�,gned to all�w thF� �:a.r.��erty owner an administr�tive r�c�ur,se if the Ci�y ��'u�z.;�;" shou�.d interpret �:h� regulatory Flo�d "to the f��^rc�;a.v�d d�triment af any flc►od p1�in �roperty o�:�ner. t�iJ�'^LlJ��O�.l � .: � Ti� �ummary, Lh�r� is a community n�Ed tc� re�trict c.�eu�lo�ment ��r.i i'i11 xnc� w�thin the flooc� plain �re�s of the City it� order ��o main�tain �,h� �xistinc� l�vel r�f i'laod hazard and c�nabling , � I..I�� it;= �o i°r�rmulat� a de-l:ailed manar�e;mant plan o° th� � �� F `'lc,ad ��lai:n. 7he proposed Ini:erim Flc�c�d Plain Ordinanc� � �,� �,I.Z �3.LLpW th� City to maintain the �xisting flood situation G ','c�r �wo y�ars , whil� deve�oping dat� �nablin� the Ci��y ta ; d�.l.i;��t� �thc� singlc flood-plain dis�rict in�o vari�us ;; cc�r�iponcn�:,s Pach exhibiting varyin� cl�c�raes o'f se:nsi.tivi�ty ''' , �7 develo�mer�t. For instance, thQ ftood �1a:�i� �;U�, ,�� ' �, !.�r. r.�{;�n rJo�in ini�o the Pl.modway, the 1'�or�r� FTinge �nrJ ths !� 1'lr�or,) plain �s distinct areas. A1sc� praposed is ta study f; �. �nc1 g�the,r data concerning the gradn of the strr�am, runo�'�' � charactnri�tics and to idEntif'y envixonmental.ly sen5i�ivo ' rnndii,i��ns which w?11 m�ri�l: spECial considera�tion in the r�1��nning pracess. The intexim s�ratus af i;his etnErgency c�r. clinan^e is the m�ans by whicl� th� Ci�l-,y cen k�orrow time tc� comple�:e. t�chniral studi�s 4�hile' �lecr�asing the � ��c}vcrsc P�'fi'�cts on stream flow caus�d by douelopment. �` � ,. I i, is hoped 1-.hat a propased or modif ied ardinance may �: I��; ado��ed to protect thc �ublic in��rest and enahle thP '.i !;� �L� accomplish a lonr�-term man�gom�nt pror�r�;m F�r i�;� � flood �lazn areas. ,: �r �. I�l��e no�t� the attached (;ppendix for further information ��.� rel�ted to establishtn�nt of a perm�n�nt flood plaa.n zone. �' I; � � �I ��: � . � ' . � � 'yQ;�. k< �tr \,4, '.. � � . � � � .. . f�a g c, 5 > _ .;...._ _..r,.,.,_�_..�. . . ,.-' � ' APPENf�IX • �.�:F: � - Thc f'c�ll.awing informatic�n is cani:��incd in an Amera.can �:,cirie{:y of Planning Officials report titlecl "f��gulati�ns ��:7r �lood Plains�' . It is includeci as a ��it ar the attacf�ed mFmorand:um to �rovide the Plannin� Commission with additionzl mc�n� of understanding the technical asperts of Plood plain nan�gem�nt. Calculating the Regutatory Floodway floodway are the most difficult to choosc, For these rcuons,severat of the factors involvcd in thc selecti�n of The floodway, defined in Part V and illustrated in a floodway uc described below. Many are als� i(lus- Figures 4 arrd 5 (pages 22 and 23) is designed to convey �ated in Figures 12, 1�, and 14, pages 3f, 37, an� 3�. •�. • most of the regulatory flood within designated heights (1) Flood Discharge and R.egulatory $Iwd Dis- and velocities. In ]ess technical tecros, the floodway car- charge.See Part V,page 19.� ries thc fasr and deep water of the flood, and the flood (2) Increase in Flood Heighu.My filGng or buildin� fringe—the area in the flood plain outside of the on the flood plain will increase flood heights(see Figur� floodway—holds the shallow and slow-moving waters. 12, above.) A community should determine the flood For every flood, there is a differant floodway and heights that will result from existing davelopmcnt, �ra flood fringe. The size of a particular floodway can be posed development, and anticipaCed development under determined by a detailed hydraulic study and by normal the comprehensive plan and land-use regulations. depth analysis.(See footnote 57.)The detailed hydraulic Increases in flood heights resultint from the adjust- � , study provides an accurace and systematic definition of inent of the floodway (eneroachment) line riverward of - the floodway for a substantial s�ccion of a watcrcourse the natural floodway are anticipated in most state stan- while normal depth analysis results in an approximation dards or federal juidelints, such �s the feicral fINJ in- of the floodway at one point of a wacercourse. suranco ru(es. Thesc standards norma(ly limit the�retical In calculating the regulatary floodway, it is usually increases betwe�n 0.5 and 1.0 feet and vary in�ifferGne • assumed that the flood fringe will eventually be dcve- states (see FiQure 5, p��t 23, illustratinj incre�s�t in loped, filled, or altered so that none of it will�be avail- flood hei�hts). able to convey or store flood waters. As a result, the y� regulatory floodway must be increased in Sizt ovet the S� Through a hydraulic enQineerinf techni�ue calle� � naGUral floodway so it can transport the part of the ��Normal Depth Analysis,"a hydraulic enrineer can a�'nxin►au ; flood water which, if undeveloped, would be carried by che magnicude, height of fluod, and flood-�lain limits �f t6e a the flood fringe. The way in which the floodw�y is en-' regulatory flood at any particular point. Cr�sc secti�nF �f tMe E larged—for instance, by increasing ics height a designated channel and flood plain(taken beyond thc infl�e�ae�f�an�s�r ( amount—involvcs hydraulic and policy decisions. The bridges) nnd scream-slope informstion ac che �arcicul�r arec an � needed to make this approxim:tion, Gener�i4y, it tkit �u�Vey � latter must take into account public and private plans ;nformation can be obtained locally,the U.S.Gegl��ical Suevey, � for thc development and conservation of the flood plain. or the Crops of Engineers or Soil Conservati�n Service will�n- � The factors that must be weighed by a eommunity in vide chis assistance,in most cases wichouc coat. order to select a sound regulatory floodway are numer- Correlation of a decailed engineerin= stu�y (Cisu A) wit6 3 ous and com lex. Decisions on a factor's importance are seeial-stereo photos or decailed soil maps f�t che s�.roe �[resm �. P area is done by bringina the maps to a commen scale chr�u�► necessarily bascd on sCience anc�judgment. Soun.d deCi- Phocographic enlargement or reduction. (An overhea� �roject�r j sions will minimite adininistrative and legal disputes over can somecimes accomplish the same purpose.) Throu�h vieual � devclopments propo5ed near ttie borderlines of the observation or an analysis of the affected soil ty�rs,infocmati�n floodway, flood fringe, and flood pla'in. Overall, of can be generaced conctrninQ the applicability of aerizl�rh�t�t�r i detailed soil maps for flood•plain delineation on bearby streama course, proper decisions will protect people and having similar topographic clnarcacteristics.Assistance in cortela- , property against flood damage. tion is available from the state soii scientisu,.U.S.S�il Con�etvr• C1f all the boundarits in the flood p121n, those of tht tion Service,and from most universities. 7 I F' � � �-��.�� . . . �p . :.. ....:... . . .....;,- � „.....:.........,�;� iB� �� . .... .. � � . ... - � . . .._. , _ _ _ _ � „�.,____- . -— �..�._ � ^ ',��^ , � ^r � Figure 13. Valley Cross-Section Showing Effects of Development on Flood Elevations A � �!`�,! � , ,� ,i � . . ' il �� Flood Elevation When Floodway � �i Confined Within � � � 65p Floodway Limits C-D D'evelopment(e.g.,fill) , t f � � . � Z' Development (e g fill) C ' EI.646.0 D � � 3 ss�,K IX�e:. z£��F��`�� . ��' � � �", a r �'��, r�a >� .- . � r�}�ue � t ��r ' " � �fi��"' � �� _" ��,��s* Ei.sa5 o k��_�� h��`�� . ' .. �^: :. s F x r^�a` s�u£ i�`^� : t k e � :�: �� a '� a�� s,.> J�� . ��. [":�' s_ �.s ��i$ '��` f&` ��'ss xE�-§s��c'�K�^aS��E� k�'�� . . s �sl� '�,,,,,.°� �+�r'��, x � . � - �� s� � »r..,..3:aC�.t:...3„fi�i�:u.� �'��w2�L:i��k"�rJ` , 4 �44fi�'� a �:s s:�•. i r»�t f � i � r � s .:.. ;��z�,� x�+i...�� i�,��.a�t,��"� 4 c'� r�ta§�n'S��- ..,:.��SrwsfbFk3`'s,�m�� : ' � �> , < �Area of Flood Plain That ��"af'-' ,�� t��''�� k,� Flood Elevation � ,y, �'` ;8 dt -� k� � � � ,�� -f . �; :� �.�,� t � > �a � �, � fi l l► � ; � Could Be Used for � � �� ,k� ��=R<��s� Before Developme�t(e g, £� < `�°'� Development By Raismg �,� ��, >y��`�c��s��b,_`�.�,�n Flootl�la�n � S '� 'y� `��Y G x YF��s' �d'£ .h',,'�.�b^',s y P¢ '�s`r,'"��`�°� Y�.�.�°s � �a.s �i ;; ;� GroundtoEl 6460 �f��3�r��z�`�� `�'��i�� `��m�,��kt��.>�sr�.`��, �„x�� :; S. rt S '�%..'�5 �.��'3'�"°k�}�. ,'��'^^. �Er_.�R`��,��'�i....�.�i1��`�ft'2a:,.^t�' f�sy'�.j�svs 3`s �'3,_4�'�q,p i�z' n�`�"',�a#gc'4�..��'s � — 3 ' �r .4`Z� h ,F'b tdiS y'k�d .r a. �� ` �..H.s� 3'+j.ff �r ,P��',"f t,��y.�'at�fa 3G`"a�ks�� 5�9��, � � i��r � �i ��.`��'�r. �'� ��.��'',;��xLas� �F',nd .;,z �� ,, n � �s a, t � -.. � 630 � ,��' ,� �x ��`�� 3�� r� ��`�� y �� F s� �g ��-�� E B h.z, s �. � ��. <��'!fig .� A"" _,,� .a,i.� �i< s �'� �ri;s�� .ar�� 1 a<, t Y� f za�'�.� �¢' t �' f � '�'� "�..k�aa��;>e3H,w.,,z <.a�?.w nF.vR r3�sA" „� � }� � ..�i..m.w.<..�.....ams.>,.S£.rwu:F4.ra.e:�,:�'sT,aii,.....'3,�:..�F;�a�; �r.,.m�a. f.�. ..:xc:.:.�k� I . �: Line A-B is the flood etevation before development(e.g.,fill�. ,:; Line GD is the flood elevation after development. � The states of Minnesota and Wisconsin require that flood-storage purposes unkss thc area was protected by ' increase in flood heights in urban areas generally should a tcmporary or permanent levee. � suall smd the loss of In ractice states do not u y y feet in an one reach or for xhe cumula- p � not exceed 0.5 y tive effecc of several reaches of a stream.Heighu greater valley storage due to potenria! development outside t}ae �,I chan 0.5 feet may be permitted if existing uses and the selected floodway. Exceprions to this rule are ma�9e ' community's comprehensive plan indicate that the zf- where particular circumstances indicate that existing a �e fected area is and will remain under open-space use. development patterns and land-use plans will have a �i However, in areas where the flood plain is intcnsively significant effect on v�lley storaje. developed, no significant increases in flood heights m1y The types and magnitude of rroblems increase with � be permittcd. Where the fulfillment of community land- greater floodway encroachments. Lower de�ths of water use needs would ordinarily increase flood heights above are expected with a 100-yeu floodway causin6 a 0.5 y permitted levels, it may be necessary for the community foot increase in flood heijht than one causinE increues i? to consider channei enlargements or other structured of 1.0 feet. Thc hi�her level will result in more flood- �I; modifications to lower flood hei ghts, plain land available for development. The arcater use of : this flood- lain can causa problems; for example: " Figure 13, above, ellustrates how the increases in P ;"; flood stagcs'are related to land-use controls. In this • Flood-proofing of strucr.ures may be impractical or ;; drawing, the horizontal long-dashed line between points unrealistic. A and B represenu the natural flood level at elevation • In broad flood plains, new structures and develop- 645.0 in a valley cross-sectional view. In studying the ment are often built on fill above the flood level near the effect of encroachments (from a community-develop- �]oodway rather than on high �round ncar the outer ��; ment plan) on the flood plain, it is assumed that the flood fringe. This creates island developments in which � channel and the portion of the flood plains between the drainage may be poor. In addiaon,public roads,sewees, � encroachment-(ine points G and D convey the regulatory and other public facilities may be poorly protected when � flood. ►t is further assumed that the ent�re area outside extend�d from the high ground of the outer flood frinae (; the encroachment limits (but within the limits of the across the lower ground and then up apain to the hi�h ; flood plain) will be developed(e.g.,filled). ''' By confining the same flood between encroachment S�'ound of thc island development.Potentially hi�h flood t waters will surround the island developments and thus limits C and D,the width of the floodway is reduced and endanger life and property as well as hamper rescue and ; the hetght of the floodway is increased by 1.0 faet to an relief efforts. All of these results are counter to the aims j elevation of 646.0. In an ordinance,the new floodway is of sound flood management. C the regula[ory floodway. • Flood velocitios increase near the inner floodway � Although the engineering backwater studies assume � that all of the land outside of the floodway encroach- limits due to increased development and increased flood � ment line will be lost for floodwater storage, it is heights. Fill along the floodway mzy crod� and pollute � � unlikely in practice that all of this area would be lost for the water. Development that altecs the flow may result � � I 37 i I I J _ _J • �_ .. . _... w (f�`� . � , I � . .. � .. , . � 1 �� in the ground under the water being dug up substantiaily flood-proofing structural alternatives for industrial actas, and redistributed in the river bed. flood depths of 10 or more feet may be acceptable for � The above problems can be minimizcd if the initial certain industrial areas. A warehouse for storage of steel �, � , floodway selection is based on small increases in the beams, for example, could be placed at natural ground i water-surface profile of 0.5 (or one-half). Development level and designed to provi�de fa passage of floodwaters ! can be guided more easily toward high ground. Since through thc structure without inereasing the flood- f flood-plain zoning regulations, like any type of land-use damage potential or violating othcr flood-plain manage- � controls, must be flexible co meet char�ging conditions ment objectives. and nceds,future adjustments of the floodway line river- Flood velocities are aaso important since the danger i ward consistent within modifed backwater criteria arc to life and the scour effect of t7ood waters(digging up of possible. earth), increase with velocity. Flood velocities far the � h It may be necessary, in order to accommodate exist- regulatory flood should not exceed two or three feet per I ing development factors, to permit large increascs second in residential areas. Another standard frequentiy (around 1.0 feet) in the water-surface profile.Generally, used in residential areas is that the index, obtained by �,, , � multi 1 in de th of water (e. three feot) times velo- , , rhese increases can be tolerated where the affected area � ey �N,o feet/sec) and droppini the units of inea- is ir� open-space use (for example, a golf course or tY � �+ •� . municipal park) and where there are assurznces that sures (e.g., six), should not exceed seven. Higher �eloc- : local land-use plans and con�ols will be imp[emented in ities may be permitted in non-residentiat areas. such a way that the land will remain open space.On tht (51 Effects of Transportation Systems. The location other hand, where the affected areas are highly urban- of floodway lines is influenced by the location of trans- ized, no increascs in flood heights should be permitted. portation systems paralleling a stream and the flow of This is particularly true in broad flood plains wl�ere any the regulatory flood through bridge openings or over the increase in flood heights could affect large areas ofexist- approach grades. Figure 14, page 38, illustrates among ing urban development and where the expected increase other things a raitroad paralleling a stream. The railroad in flood heights wil!be caused by devel�pments planned acts as the floodway limit or thc dividing line between downstream from an existing urban development, moving and stagnant water. TiransportaYion systems (3) Hydraulic Transition. Flood flows ignore prop- paralleling the stream that encroach on the flood plain erty lines and political boundaries.Therefore,the flood- may appreciably increase flood heights. In general, this way lines should follow proper hydraulic flow configura- railroad l�vel will increase flood heights more than a �` tion from one type of development pattern to another. bridge crossing. `-. Abrupt changes in the floodway line should be avoided. Where the regulatory fiood passes under a bridge,thc ee Fi ure 12 a e 36.) floodway lines come close to the points spanned by the �S � ' p g ted in the middle of Fi re 14. If the (4) Flood Heights and Velocities. Flood heights and bridge as illustra p� velocities in the flood fringe should be smail otherwise regulatory flood goes over a road,the floodway lines are land uses there would be threatened by the regulatory drawn to place the road in the floodway as shown in tho flood. A threat would exist,for example,if the height of upper right part of Figure 14.•Under thc second condi- the regulatory flood was 10-to-12-fett for a sizeable area tion, flood-plain regulatian would prohibit any �lling . outside the floodway. Even if regulations rcquired rtsi- �nd building that would make the floodway ineffective i in conve in flood flows. dential buildings to be placed on fill above the flood Y 8 j or st.ruccurail flood- roofed to these heights,prop- (6) Location of Permanent or Temporary Flood- � level y P e an d ersons would not be adequatdy protected, , Control Facilities. Flood-plain regulations such as � P i �' bl . Structural olve existin flood ro ems mi ht be fou nd unreasonable, in xhis exam- zoning, do not s g p , And the law g f le the otential problcros could be eliminaced by shifr- controls are effective in protecting cxisting develop- , P p ments on the flo4d lain if such controls arc ro erl ing the floodway line away from the river until tha P P p Y ? depths and velocities in the flood fringe are consistent related to a flood-plain araznagement pl1n. The location y with the permitted zoning uses such as residential, of permancnt or temporary flood-control facilities(e.g., � commercial,and industriaL(See Figure 12, page 36.) dikes and dams) will often influrnce the location of the Although there is no rule of thumb for practical fill floodway because they may increase flood heights in �' heights (especially where proposed fill will be done by some areas and reduce heights in others. ? and for a grading contractor or where a waste site is (7) Intcrior Drainage Considerations. Frequcntly th� _ needed for a nearby construction project),the economi- effects of tributaries, ditches, and other lateral water � cal or pracrical upper limits of a fill for structurally ¢ourses are'ignored in the delineation of the floodway ! flood-proofing a residential dwelling,if the building is to for thc main river or stream. When the floodway line � withstand hydrostatic pressures, is about four to five cuts across tributaries, this often implies to [he non- I feet. Commercial areas can generally be flood-proofed to technician that fill or development is permissible in the � greater heights (five to six feet) except where danger to tributary outside of the floodway. But fill will obstruct ; life and inadequate flood-warning time would require the watercourses and cause tributary flooding. Lateral I lower heights such as for a large shopping center along a drainage patterns or watcrcourses should be considered i � stream subject to flash floods. Because of the many in the delineation of the floodway on the main stream in • � 39 ,. ' � ��. . _ ,.:._ . . __ .._ ____ _ order to prevent substantial damage from occurring giblo effects on adjaining communities. For acceptablc . along chese tributary stroams. floodway selection affecting more than onc community, � (8) Exisring Development. Floodway lints are usually it is essential that representatives from thesr communi- designed to fo(law the riverward side of existing building ties actively participate in the selection. „_,. development.(See Figure 12,page 36.),Existing develop- (11)There are dmes when it may be possible to solect mcnt areas arc often ineffective in conveying flood the floodway to coincide with or parallel some identifi- waters since the buildings obstruct flood flows. In times able land feature such as a stteet, railroad,fence,power of major flood events these areas are also often diked line, levee, or property line. Where the floodway para(- through federal emergency protection programs. 'X'he lels such features for a sign�ficant distance,it is desirablc character of cxisting dcvelopment, urban rencwal, and to establish on the floodway map the appropriate sepa- plans for permanent evacuation are also considered in rating distance (See Figure 12,page 36).Tha inabil'tty of the locatian of the flbodway lin� in urbanized areas. In of�ciais and affected landowners to loeate accurltely�• • . conventional zoning, t�e establishmcnt of a residential the floodway on the ground is a major problom in district does no[bisect areas presently ustd for industrial implementing and administering flood-plain regulations. purposes. The floodway, characterized by apen-space (12) General Legal Considerations. Floodw3y regula- use,likewiscshoul�exclude areas of intenso development tions stringenrly resttict dev�lopmenc. It is particularly to minimize the number of nonconforming structures. essential that they be earefully conceived and dclineated �`"" In such instances, relocation of buildings, redevelop- to meet constitutiona( requirements by providing an • ment,or flood-control works may be required. equal degree of protecrion and permitting reasonibk In designing a levee system to protect an urban area, uses. , it is not always possible ta protect all dcvelopmcnts • Equal degree of protection. Wherever•possible,the because of topography, physical location of a particular floodway lines should be located to provide for tho samc cicvelopment, acsthetics, or economics. Because of these degree of hydraulic conveyance on each side of the • and other engineering and planning factors, some areas stream (see Figure 12,pagc 36).This does not mean that containing dwellings may need to be placed in tho delin- lines should be lo�ated at equal diseancas from the eated floodway. If so, these propeRies should be given center of the stream since ability to pass a propoctional first priority in public-land acquisition programs so that amount of flow depends upon many other factors. the government can guard against legal suits and provide • Permit reasonable uses. Arguments that floodway effcctive flood-flow conveyance.While the structures are reguladons take property are likely since most uses are still on the floodway, the flood-management program prohibited in this area. Cour;s have sustained sevete � � , should provide for evacua.tion of the residents in advance restrictions for development which,lika floodway d�vel- � of a flood. � opmenu, will have nuisance-like effects upon other •• Existing streets, rail transportation, ports or harbors, lands.s$ Likcwise, constitutional attaeks may also be � water, sewer, and other public services must also bt can- averted if some consideration is made in location of the sidered in floodway sclections. lines not to prevent all economic uses far individual (9) Community Comprehensive Plans. Flood-�lain properties. In somc instances, it may be sound from a ;, � regulations, like other land-use controts, must be related hydrauGc standpoint to include, one wt�olt properry in I ; ' to and made part of applicabl� regiona! and local com- the floodway or to shift the area slightly to include only prehcnsive land-use plans. Floodway selection should a portion of that property (sea Figure 12,page 36).The i consider areas throughout the community planned for latter approach to permit some limited development on � i residential, commercial, industrial park, street, and both �roperries wouid a(so more likely meet equal- water and sewer uses. protection requirements. ' � In some communities stcop bluffs or uniqua topo- After the floodway and flood fringe of the flood graphic features and political boundaries preclude future p��n have boen determinad for a particular section of a community growth outside the flood plain. Therefore, watercourse, their location will still need to be checked � flood-plain areas must bc selected to provide reasonable on the ground from cime to time, especially when a community growth. F(oodway lines may be needod that proposed development is near the rcgulatory boundaries. permit extension of existing development paralleling the By taking accurate determinations in the field, adminis- � watercoursc (see Figure S,page 23). Tha actual setback tcative and legal boundary disputes can be avoided. � of the floodway line in this example would be governed Figure 15, pag� 41, depicts the thrae ways—�eld survey, � by the permissible incrcases in the water-surface pro- interpolation,and scaling—of checking known regulatory j file as discussed in factor(2). lines on the ground. The flood plain c�n be locatcd by ; (10) Plans of Adjoining Communities. As previously all thrce methods; the floodway only by scaling. The mentioned under factor (3), floods ignore political flood profile, 762 in Figure 15, must be known in order , boundaeies or abrupt changes in dircction.Tha floodway to use the three methods. � line must gradually move toward the flood-plain lines The flood plain is delineated by th� elevation corres- near political boundaries (Sae Figure 12,page 36), In � � addition, inr_reascs in flood heights attributable to a floodway selection of one community should have negli- S8 See Council rcport VoL!i,Pars IIi,ch.4. ( � ti � f � , � � . � � i , � 4 . .. . , �_..�.... ,�. ..: . .... ..:. . _,. :,,: .. :..,�,�� ., _ �._ . ,,. ,,.. _. .. . __ , ._. _.. , ..._ �, .._,. �.. , . .... .. ,.. ._ .,. � ._ ...�., . ,... ;_, , ,.�: . �.:- _._ .. ..-�� _i-.0 :..- ...��: . .. , a., .�z��_...._.... .__.-��.i . � .�. �. . . . . . . . . . . . . � . . . .. . � �.� : .� . . . . . �� . � .. . . � . . . � ponding to the regulatory fiood profile. Thorefore, the Wh'ere dctailed soil maps are used.to define the tlood most accurate methad for �ietermining thc flood-Plain plain, assistance fKOm a soil scientist(such u from the � limit on the grounc! is by field-suivey techniqu�s. (Sce U.S. Soii Conservation� Service) is generally needed tn ; Figure 15,page 41).With a surveying instrument callcd'a identify in the field soil types used for delincati�g [he "lcwcl" or "transit," tl�e loration where the ground ete- flood'plain. t vation corresponds to the ilood elevation can be accu- � Where elevations on ciry street and sewer maps are � rately located as theflood-plain litnit. availablc, the flood elevation>from the flood pro�le can ; Approximate flood-plain limits can be determined be located on the ground by interpolarion from th�se ' by scaling, that as, measuring the flood-plain limits on a known points; (Sce Figure 15.2,page 41.)For example, � . map and then measuring the same distances in the�eld. . if:two consecutive strcet intersections are elevation 50 The distances, on the map and in the field, should be ar�d 52, respecxively, then the flood-plain limit for the �' tied to the same identi�able pfiysical ftsttuzes such as a flood level of S1 would be midway'between the sueet ; fence, road intersection, property line, or building.{See intersections. Figure 15'.3, page 41.) Measuring from a map with a �he floodway lines follow the patfi of £lood wa�ers � scale.of 1 inch= 100 fcet is more accuxate than one of 1 and ignore property lines and polidcal boundarics.Since inch= l,d'�feot. the floodway is �1�t !Last�►n eleration u is the fl��d �� When the flood-plain limit is cequired for subdivision plain, it is necessary to locate the floodway by scal'tna 1 platting, the elevation.of the flood plain can be accu- . appropriate distances from a map and measuring the � ( rately detexmincd.at the xime of surveys for the plat. same distances in the field. � � ' , . �. , - . � I � . � .. ;' , �+, I �, � ' �? i ,` �- 1 '; , � �, I, � t, d . � i � �� t: , �,,I � + : y 1 j I' � _ ;. � � <�; k: � ��. _— ..�',.1. . .. �i ! � . � ..� � �, , :+ . . � ' . �:,. € i 4� � . . � . . � �..'I � � � � � . . .. . .�� ¢.. ax �: CITY 0 N D, OR�_GQP! � Nr�.v� l0 74- v �� ,, �` �.s� �� , ;!' ,.F� I �i'.� A�f��1�I� N �l �PPLE(�ENTIPJG TITLC 18 OF 'IC T� � ;, D\ P1T.f.LiPA�� ADDING THERETO A PJEW CHAPTER ��."I Pf/� E`�9�C��T �� PROVIDING f OR A FLOOD PLAIN l G��^ TR_ C •.-bE��i C�fHE PURPOSES THCREI�F� TH[ AREA Df G }\, �4,f LIG�TI t�fi ��U ERf�ITTED AND PROHIBITED USES; AP.D <O� '�,� IiR��3'^�� PI �CIAL REUI[W AUTHORITY BY THE PLANNING i��,�F�^�I�S�$ .�5 RELATED TO THE I�REA Qr APPLICATION; 1 -� �NG APID EFFECTIVE RATE AND DCCLARIhG A� Ef�ERGf_NC � ,� � �� Y. . <<�,� i �v' �U THF CITY OF TIGARD ORDAINS Ai FOLLOWS; .-'�:, a� ..,.�� Se:c{:ion 1: That Titl� 18 of the Tig�rd f�unicipal Cod�i '+ he, and the same is, hero6y ammended and �upplemented by adding therei:o a now chapter designated "Cha�ter 1f3.57--FLQOD PLAIN DISTRICT" reading as follows; 1�'.;7 FLOOD PLAIN DISTRICT (FP) 1`3.57.010 Purpose The flood plain aroas within the City of Tigard, being an integral part oF a well-dovoloped wator drainage system, ase subject to �)f:C10d1C floods, said floods causing losses of prape.rty, hr•:�lth and safety hazards, di�ruption of commArce and yovErnmQnt servicas, and extraordinary public E:xpenditures for flood protection and relief, all adversely affecting the public health, safety and general welfare. G�neral causes of floods are; (1) The cumulative effect of obstructions in flood areas causing increases in flood heights and stream uelocities. (2) The accupancy of flood plain areas by land uses vulnE=.rable to flood damage because of inadequat� elevation nr oth�rwise unprotected from flood damagc�. (3) Tho deposition oF fill material within the flood plain, causing substantial o6structions to the flow of water = and decreasing tho water storage capacii:y of the flood plain arQ� or deflecting water within a r.hannel so as to accelerata ern�ion and increa3e siltation. rr,e purpose of the FP Di�triat is to recognize flood �' plain areas, and through regulation, to control uses of the land within the flood plain in order to protect the public health, safety and welfare and to reduce financial burdens imposed upon the community through flood damage losses, as well as protoct flood plain areas from enc�oachment �y u�es impeding the overall stream water flow; and to proteet individuals from purchasing land unsuited for development b loods dur to the hazard presented y f . OR�INANCE �o. 74- �i. a �• . 'r , I;, `tl,�� This is an emer��Anr.,y �rdinance �nacted to minimize: � � nt,struction to flood sL•ream flows and protect the publi.r, hr�alth, safety and welfare while the City accomplishes e� ,1c:L•ailed engineerin9 and �nvironmental study of thn ' ;luod plain aroa as described h�rein. Said study shall t�e com�loted within two y�ars from the date of adoption �if this ordinance and shall delineate that area of th� ('lood nlain necessary to carry the Flood waters of a •cr:�ul�tory flood, deacrihe those flood plain areas appro— }7r.iat� fnr development and the type oP appropriate dEVClopment, dr�fine environmentaly sensitive ar�as of the flood plain and recommend mean� to preserve such environmentaly sensitive a>>��;as. 19.57.02D 41rea of. ApPlicatian. The fP bistrict inclucle� ' th�se areas �dithin the City o; Tigard inundated �y the 100 yeas re�ulatory f'lood as c1c.Pined Liy the U.S. Flrmy Corps of �r�gineers, U.S. Gool.ogical �urve;y, U.S. Bureau of R�rlamaEion, IJ.S. Soi1 Corisorva�ion .';i�r.vic� �ind L-he Oreyon �ta�.E Water �esources l7oard, and Lhcr L,lauhington County Dopartmeht of Public Worlts, amnnn ul.ha�rs, un maps titlod, "FL00� ptAI^!�', Uashinqton County, Grcg•�n and otherwise descri6Ed as '°I1UCl 701 Pro j�cL Mo. 73-16-06'�, ,� �la�,e�s number 4 and num�er 5. ��- 1��.r7.030 DGfinitions. For nur.�osr:s oP L-his ordirk�nce, "' the following .�nrds anci phrases :;hall lar con�trued to have the soeoific • meanings assigned !:;i tFiem hy d�:finition as Pollows: r•yll _ any act by whir.h carth, sanrJ, j:C3VE�, ""'—""' rock or any other �imilar material is deposited, plar.�d, pulled or transpori:ed, and inr.ludes the cnnditions rosulting thc:refrom. -Li�nr.1 — a tomporary rise in stream flow nr stago " that results in water nverto�pinra stz��am banks and inunciatinc� land adjacent thc: normal Plow of water through the 3tr�am � channel. '� ;-lood hazard — the immediate dangar to �ropor{.y c�n c�alth ` as the result of inuridai:ion of i:he P].�od plain. ").;��r� plain — tho rolativaly flai; ar.ea or .Lo�.� lan � a�ijoining the r.hannel of r� r.i.uer, strE=.arn, �iate� cour.:,e or nther similar 6ody of watar whir.h�has been or may be cc�vered by P.loadwai:�r� . � �if�st,ri.�r.tiori — any dam, wall, embani<meni;, lr�vee, dil: , �il��, '�"'�'— abutment, pro jrction, excavat:lon, ci�ia' ni.l modiPica{:ion, briri�e, conduit� cul.ver building� grav�l, refu3e�, fill, s{.ri_ir. 're: or m�.;tt.er in, along, or across or pru j �r,tirig into any chann�l, watqrrourse, or Plond plain ar�a which may imp�de, r,r-,tard nr 'chailge •�he dir�ction of thr•. flaw of wat:�r, i:,ith�r in itself or by catchinr� or CO�..1.P.C�l(1] cip�ris carr.'Led by �uch water, or tha{: is p].acod whc:re i:he Plow of water migh� carsy �hc same • downstream to the damage af health �r praporty. f � �: �'t�INAn10E f!�o. 74-,___ Page 2 , , h' � a . . , , �_ , �_�'..IIL�W..�"'�w^+n�,��r J�....�r�. � ��--K. �. . • . .M' . � a. , � � � .' ' M�4 N'4FlSnM.....r+,nw..n.iw K�rati:';+y`�Yk'E.f,�„r ..� . �„,:�:tsi;�!ra"�tawa�rv •,y.: �+F�ra,ulc�tur� Pl�ad - thc� rAgulatary Pla�d i,s tho fl�od u.�c�d to dafine th�, ou�E^ h�aundary J.zn�a af �hi� � F� Dir,tr.ict clafint�r.l t,y ;ic�cti.nn 1�.�7.Q?0. �'�'j The rnaximurn (�'lood �r�dir,tr:d �o occur orrcc ,�`' y Hvary anr� hundred (7.0[J) yo�ra acts n� tl�� ,' regula�ory �laad fps '�i`i:ia ordin�nco. S;;r.uat.ure - ��strueture�� mean� that whzr.h i.s I�u.i:Z� c.�r constructc�d� an edifico or bu,1],dinc� raf �+ny - kind, or any piaco nF w�rk axtifiaiml�ly built up or campoa�d af pax�� ad,join��i � together in some riefinit� manner. �.n,a7.0l+Q pormittsd Uses, The follawing uses do not substantial].y abstruct �hia f�.ow �P water in �ha flac�d {�lain� do no� docrea90 �ho water storaG�o � c4znaaity of the flood plain, and shall bo permi,tted by right i,i.ithin the I'P Diatrict. (1) QFf�streot parking and maneuvering araa3, accesa ways and serviGe drivo� located on the yround surface and related to commorr.ial, industrial or resident.ial land usES. Gxcavatian, c�rading and �aving may occur ta aon:,truct saicl : facilities, however, no fill shall ho allowed for construction of said faoilities �thor than gravel for a paving base ancf only an amount of gravel cnmmensurate with City oonstruction standards for said faciliiiies shall be al,lowoci. �,,.. (2) Acoessory residential uses such as lawns, gardena or plan araas not causin� sut�stantial obstructions to flood-waters and including fence� dosigned 'to minimize thE obstruction of flood Waters and flood- carric�d debris. (3) Raadways, bridges or utility structures d4signed to not significantly impede the flow of flood . waters � (4) Ar�ricultural uses conducted without lacatirig a � structure in the FP District including a boundar.y fence designed to minimize the obstruction of flood waters and Plood-carried debris. i (5) f�ocrFational uses such as bicycle and pedes{:rian E paths, archery range, athletir.. field, or �ark�. The rocreational use shall not include any p�:rmanent �tructures causing a significant obstruction to thr� Flnw of flood wators. (5) f�ubli.c ar7d private conservation areas for the conservation oP water, soil, open spaco, forest or wildlife r�sources. �- 1�.��7.070 �rohi6ited lJs�s. The f�llowing usos anr,l activitios �� are sp�ciPirally �rohibited i,ii.�-hin the (�P District; (].) �'1ny permanent strur,turE normalYy �ermitted tay � Cha�ters 1E3,20 i:hrough 18.56 Tigard �lunici�al Cod�. i (2) filling (3) �1ny temporary lauildz.ng oa� �trur.ture no�; oa3ily removed from th� flood r].�in during periods of fl�oding and thus signifir,antly impodinc� the Plnid of flo� d waLors within thr. flood plain. 1D,i,7.OG0 fJon-Confar inr U�es. Any oxisting strur,turE located �� wi{;hin the FP District is �uhj�r.,± t� provision3 oP the Tigard Munir,ipal Gode, Chapter 18.Gf3, ' ..�,,,�•,��irr .�. �, ^ „ � I ~ ~ ' 1�.S7.Q7� Sp eaial RevieW. IF any �erson ha, cause ' to diepute the boundary nf th� rr�gulatory flood upon his property, h� may ap�ly tn thc� Tigard �lanning Commission for 3per.ial Roview pursuant the r�rocedures and requirements Por hearing as setforth in { �:,P�a�.�t:er 1n.84. Upc�n �pplication far Bperial RFavicui, the applicant sha11 'ic rcquirc:cl ta provide information a� nor,r_ssary for the f'l,�nnirig Commission to det�rmine whethr�r Lha propo�ed u:�e� i, ior.ate:d in {:he FP District. Flny applir.ant for 5pecial �tnvir-;w �h��.l �ubmit with an applicati.r�n for said rovi�ui F,;I•�e Poi]:oiding inPormation: (1) plan� �rawn to scalo, su�mit�ed in tri�licate I,�y � �z�of'essi�nal civil or hydraulir, erigine�r segistc�rr•:d ln t:hez itate nf Ordgon, showing {:hc nai:urF, 14cation, c!im�n�i�ns, olevations and topagranhy of �h� sito; tho )oration o(' existing and proposed ;4ructures locat�d u;�o1•i tFio �it�, existing fill arEas, and i;he rolationship o� thoso to thelocation oF 1:hr� stream channol. (2) Any documentaL-ion, photogranhs, water marl<s, and r-r� ari, oPfered in suppor{: af 'the cl�im L•hat thc si�e in n�.�c�ol,ion lies above high i.iater as dePined 'uy th� regulatory �Lf10(�. (3) The lev�l of the regulatory P1oocJ as defined 'iy !.I�r± a��plicant and his ci�gineer. 1 f�a:,ed upon said inPormetion, the Tiyarcl P,lanning � r.��rnmi:>,ion shall detormine whether the propert:y of any p�rcc:�n arplying for Sp�cial Review is lor.atod i,�ithin the F1nod (''la.in District. :ir:�.tion 2: Inasmuch as it is necessary Por the heall:h, safety �� and welfaro of the people oP the City of Tir�ard i.he': hazard� and losses relating to flooding b� minimiz�d �,�r' ir-iasm�.ioh as the danager of f'looding increases when �.i] T,�ng or. aons�ruction occurs within a flood plain and ial,^rras the Ci•ty of Tigard currently has no control of ` f.i1].i.ng or construction within the flood plain anci wheres, � � th.i�-� or.dinence will restrict th� flood plain Por a poriod ' of '..�i� years £n a11oW thE preparation oP a detailed drainago ` an�l anvir.nnmental study with the purpose of d�Pining those °loocl plain aroas appropriatp for �evelapment, an emer�ency i:� hor��y declarod to exist and thi,� ordinanco shall bcacome FP�er.L•ivc upon its passage by the Council and approv�d by tt�ir: f9ayor. �'�iSSED: �. �` QRCIP!ANCE Mb. 74—` Page 4 �+. , . � � 4. ,. , - . __ , _ r,., . _ _.. :,_.. _..... �.. .. .... _ . . . . E , . . . . . ' . � .� �,I.. � � �! � '� .. � . .. `+... �., . � 5� h � � . .. � � �. . � �. ��. � � TIG�RD PLR�INING GOf�f`'ITSSION ' 5taff R��c�rt f;, x,. �� une �p ].9�74 � ' �� Agenda T.'tem 6� 1. � ' � � � C'iGU 1-74 �(Bea�m) � ' < ' � � � � ;� Non-ConCarminq Use ExP�nsion � ' —�°-- �:,. F'ar property ].ac��ed ��L- ].3�00 S.W. P�cif:ic Highway , camprision .7_7 acre5 w�,thin a C-3, Gen�raJ. Cammercial Zone. (Tax I�ap 2S1 2G8, 7ax Lot 21.OD) ; �:;; A�apla.c�:nt � tJi.11iam 8. Beam ' � � f;,� �!�p�l.ioant' � Fteques�L � ' „ � . q�provaJ. nf a non-conformxng use expansion � 4:y RPf��-�-cant' s P�o op sal , � r;;;i � To canstruct an adda.�,ion to an existing non-coni nrming r� z;; use, in tha.s case, a residen�Lial use in � Genera]. :; Commercial �nne. �� ,� �. S�aFf Fa.ndinqs �,n . — — r � 1. The applican�: curr�ntly owns an exas�:ing e;; single �'ama.J.y xesidence on the subjeci� sa.�Le and wishes �l-,o f� acld t��o a�ddi�L-a.onal t�edro4m� to �the oxisting resid�nc�. �Y,'; The applic an�t curr.en��ly owns and op�rates a ha�bershap ;' on tho sam� prr��orty. The ap�lican�, sta�tes thE acidi•L-ianal. bedxaoms are necess�ry for h.is cha.].d�en, ;� �,: �, 2. 5ection 18. 6f�, O�Q, Tig�rd (�unici�al Code st�tes •tha� �i�'ollowing the procec�ur� se�t Fnx��h in Sections �.F3�84.10J� ""` and 1.E�. �4.02Q, the p],anning commission may �.uuhoriz� � -�he �lte�ation of a nonconformin� use or s�Lr.uc�tu� e �� ub ject �:o the rallowing lim�.ta�Lions: �.' �� i �y "A nanoonfr�rming use may bs perm.s.t�od to docx�ase r; or enlar�o u.�� ta twen�;y pexcer�� in �].00r a��a orf �_ a.n thase �ases nat irival.ving struct,ures, �ap to �L-en percent in ,land area as �xisting on Augus� 2G, 1970t' �; � ��. �, 1"he ap�l.icant' s e�tis�L-ing z��5idence comprise� 640 � 5c�uare fe�t of Ploor aroa. The appla.c�ht propo�es t '� ta caiis��uc� � 33G squase faat �dditian to �he � exis�L-ing structuza. A 128 squarc� foot adrJi�:ion � �.s aJ,lowed by 'the stan��s af Section 18. 68.Q�0, � Ta,gaxd f�lun�;ca.�a1 Code, ; . � . �� " �, 4. No other occupied s�,ruc�ures ar� ad jaceri� �Lhe pro�o�ed addition. Adjacent 7.and use consi.s�s of Paci,i'�c Highway •to the west; vacan�; lot to the � south; a single fami.�y residerico to i�he north ancJ � apartrnents �Eo t;he �as�L. A deep ravine separat�s the 'I site from the apar�men� campl.ex to the east. The s�.te is zoned C-3, �nneral Commercial. and is designa�ed :� for Commer�z.al-Prof�ssional us�s on �he recently �,� adopted NPO 11 P1an �ox �L-he Ash A�onu�-Down�own Area. �� S. No adv�rse �ff�c•t ta acijace�t pro�aer�a.es or thp ''I cammuna,�:y w�ii accur if �the applicant is allowod ;'I �L-n expand h�is existing non-cpnforming use. i:, b �: �. I', !I i'; i, ii ,. r �,: i�� :I; � �i � �'' � �, � (�� , � � � � ( � � � � � � P�ge 2 — 5taPf Re�aort � 13eam � June 4: J,974 � !.-e_ _ . _ _ �