Department of Land Conservation and Development 635 Capitol Street, Suite 150 Salem, OR 9730 1-2540 (503) 373-0050 Fax (503) 378-5518 w w w . lc d. s tat e. or. us NOTICE OF ADOPTED AMENDMENT 08/31/2009 TO: Subscribers to Notice of Adopted Plan or Land Use Regulation Amendments FROM: Plan Amendment Program Specialist SUBJECT: City of Gresham Plan Amendment DLCD File Number 006-09 The Department of Land Conservation and Development (DLCD) received the attached notice of adoption. A Copy of the adopted plan amendment is available for review at the DLCD office in Salem and the local government office. Appeal Procedures* DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: Friday, September 11, 2009 This amendment was submitted to DLCD for review prior to adoption. Pursuant to ORS 197.830(2)(b) only persons who participated in the local government proceedings leading to adoption of the amendment are eligible to appeal this decision to the Land Use Board of Appeals (LUBA). If you wish to appeal, you must file a notice of intent to appeal with the Land Use Board of Appeals (LUBA) no later than 21 days from the date the decision was mailed to you by the local government. If you have questions, check with the local government to determine the appeal deadline. Copies of the notice of intent to appeal must be served upon the local government and others who received written notice of the final decision from the local government. The notice of intent to appeal must be served and filed in the form and manner prescribed by LUBA, (OAR Chapter 661, Division 10). Please call LUBA at 503-373-1265, if you have questions about appeal procedures. *NOTE: THE APPEAL DEADLINE IS BASED UPON THE DATE THE DECISION WAS MAILED BY LOCAL GOVERNMENT. A DECISION MAY HAVE BEEN MAILED TO YOU ON A DIFFERENT DATE THAT IT WAS MAILED TO DLCD. AS A RESULT, YOUR APPEAL DEADLINE MAY BE EARLIER THAN THE ABOVE DATE SPECIFIED. Cc: John Pettis, City of Gresham Gloria Gardiner, DLCD Urban Planning Specialist Jennifer Donnelly, DLCD Regional Representative Chris Shirley, FEMA Specialist YA 1 2 DLCD Notice of Adoption THIS FORM MUST BE MAILED TO DLCD WITHIN 5 WORKING DAYS AFTER THE FINAL DECISION PER ORS 197.610, OAR CHAPTER 660 - DIVISION 18 Jurisdiction: City of Gresham Local file number: CPA 09-097 Date of Adoption: 8/18/2009 Date Mailed: 8/21/2009 Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? YesDate: 5/7/2009 [>3 Comprehensive Plan Text Amendment Q Comprehensive Plan Map Amendment • Land Use Regulation Amendment • Zoning Map Amendment • New Land Use Regulation Q Other: Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". Amends the Floodplain Overlay District to comply with FEMA requirements and adopts the FEMA Flood Insurance Rate Maps. [~] Iii person Q ele.ctfQ.nic Q] mailed LAND CONSERVATJ0Ü ANO DEVELOPMENT For DI .CD Use Only Does the Adoption differ from proposal? No, no explaination is necessary Plan Map Changed from: NA to: Zone Map Changed from: NA to: Location: NA Acres Involved: Specify Density: Previous: NA New: Applicable statewide planning goals: 1 2 - 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Was an Exception Adopted? • YES M NO Did DLCD receive a Notice of Proposed Amendment... 45-days prior to first evidentiary hearing? [X] Yes • No If no, do the statewide planning goals apply? Ö Yes • No If no, did Emergency Circumstances require immediate adoption? Q Yes • No DLCD File No. 006-09 (17557) [15684] DLCD file No. Please list all affected State or Federal Agencies, Local Governments or Special Districts: Metro, FEMA Local Contact; John Pettis, Associate Planner Address: 1333 NW Eastman Parkway City: Gresham Zip: 97030- Phone: (503) 618-2778 Extension: Fax Number: E-mail Address: john.pettis@ci.gresham.or.us ADOPTION SUBMITTAL REQUIREMENTS This form must be mailed to DLCD within 5 working days after the final decision per ORS 197.610, OAR Chapter 660 - Division 18. 1. Send this Form and TWO Complete Copies (documents and maps) of the Adopted Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 2. Electronic Submittals: At least one hard copy must be sent by mail or in person, but you may also submit an electronic copy, by either email or FTP. You may connect to this address to FTP proposals and adoptions: webserver.lcd.state.or.us. To obtain our Usemame and password for FTP, call Mara Ulloa at 503-373-0050 extension 238, or by emailing mara.ulloa@state.or.us. 3. Please Note: Adopted materials must be sent to DLCD not later than FIVE (5) working days following the date of the final decision on the amendment. 4. Submittal of this Notice of Adoption must include the text of the amendment plus adopted findings and supplementary information. 5. The deadline to appeal will not be extended if you submit this notice of adoption within five working days of the final decision. Appeals to LUBA may be filed within TWENTY-ONE (21) days of the date, the Notice of Adoption is sent to DLCD. 6. In addition to sending the Notice of Adoption to DLCD, you must notify persons who participated in the local hearing and requested notice of the final decision. 7. Need More Copies? You can now access these forms online at http://www.lcd.state.or.us/. Please print on 8-1/2x11 green paper only. You may also call the DLCD Office at (503) 373-0050; or Fax your request to: (503) 378-5518; or Email your request to mara.uIloa@state.or.us - ATTENTION: PLAN AMENDMENT SPECIALIST. BEFORE THE CITY COUNCIL OF THE CITY OF GRESHAM IN THE MATTER OF AMENDMENT TO VOLUME 2, ) Ocder No. 618 COMMUNITY DEVELOPMENT PLAN POLICIES AND VOLUME 3, COMMUNITY DEVELOPMENT ) CPA 09-097 CODE, OF THE GRESHAM COMMUNITY DEVELOPMENT PLAN, REGARDING THE FLOODPLAIN OVERLAY DISTRICT On July 21, 2009, the City Council held a public hearing to take testimony on amendments to Volume 2, Community Development Plan Policies, and Volume 3, Community Code, of the Gresham Community Development Plan, regarding the Floodplain Overlay District. The hearing was conducted under Type IV procedures. Mayor Shane T. Bemis presided at the. hearing. The Council closed the public hearing and approved the proposed amendments at the July 21, 2009 meeting, and a decision was made at the August 18, 2009 meeting. A permanent record of this proceeding is to be kept on file in the Gresham City Hall, along with the original of the Order. The Council orders that these amendments are approved, and adopts the findings, conclusions, and recommendations as stated in the attached Planning Commission Recommendation Order and staff report. City Manager Mayor 1 - ORDER NO. 618 Y:\CAO\Council Orders\OR618—7/22/09\PT BEFORE THE PLANNING COMMISSION OF THE CITY OF GRESHAM TYPE IV RECOMMENDATION ORDER CPA 09-097 A public hearing was held on June 22, 2009, upon an application to consider proposed amendments to Volumes 2 and 3 of the Gresham Community Development Plan updating the Floodplain Overlay District to be consistent with new Federal Emergency Management (FEMA) floodplain requirements; and updating the Floodplain Special Purpose District Map by adopting new FEMA Flood Insurance Rate Maps. The Commission closed the public hearing at the June 22, 2009 meeting, and a final recommendation to Council was made at the June 22, 2009 meeting- Richard Anderson, Chairperson, presided at the hearing. A permanent record of this proceeding is to be kept on file in the Gresham City Hall, along with the original of this Type IV Recommendation Order. The Planning Commission recommends ADOPTION of the proposed Gresham Community Development Plan amendments to the City Council, and adopts the findings, conclusions and recommendations contained in the attached June 12, 2009 staff report, with the following changes: No Changes Date MEMORANDUM URBAN DESIGN & PLANNING Comprehensive Planning STAFF REPORT TYPE IV HEARING—COMPREHENSIVE PLAN AMENDMENTS FLOODPLAIN OVERLAY DISTRICT AMENDMENTS To: Gresham Planning Commission From: Mike Abbate, Urban Design & Planning Director Jonathan Harker, AICP, Comprehensive Planning Manager John Pettis, Associate Comprehensive Planner Hearing Date: June 22,2009 Report Date: June 12, 2009 File; CPA 09-097 Proposal: To adopt comprehensive plan amendments to Volumes 2 and 3 of the Community Development Plan with: 1) Text amendments updating the Floodplain Overlay District to be consistent with new Federal Emergency Management (FEMA) floodplain requirements (Volume 3); and 2) Map amendments updating the Floodplain Special Purpose District Map by adopting new FEMA Flood Insurance Rate Maps (Volume 2, Appendix D). Exhibits: 'A' - Text amendments, Draft Council Bill No. 11-09, Community Development Plan 'B' - Map amendments, Draft Council Bill 11 -09, Community Development Plan Recommendation: Staff recommends adoption of the proposed comprehensive plan amendments. Floodplain Overlay District Amendments 06-12-09 Page 1 of 7 Planning Commission Staff Report CPA 09-097 SECTION I BACKGROUND INFORMATION Executive Summary The purpose of this project is to amend the Floodplain Overlay District (FOD) in order to comply with FEMA floodplain requirements. The Floodplain Overlay District regulates development within 100 year floodplains. The overlay includes Federal Emergency Management Agency (FEMA) floodplain standards that allow Gresham to be part of the National Flood Insurance program. This program offers federally subsidized and affordable flood insurance to property owners. Making updates to the overlay in order to meet current FEMA requirements will allow Gresham to continue to participate in the program. This project was initiated by City Council on April 7, 2009. A Planning Commission work session on this proposal was held on June 8, 2009. New FEMA Floodplain Maps FEMA is conducting a nationwide effort to modernize their Flood Insurance Rate Maps (FIRMs) by converting the existing paper versions into a digital format. FIRM maps show the 100 year floodplain areas near streams and other water bodies in Gresham which are subject to federal floodplain regulations. They are also used by insurance companies as a basis for offering flood insurance to property owners. The digital formatting offers the following benefits for Gresham: • A more accurate depiction of flood plains because they were aligned over streams using orthographic (distortion corrected) aerial photos. • It will allow for floodplains to be superimposed on top of the most current aerial photos, parcel and street layers, etc. This will enable property owners and staff to more easily identify structures and properties that are inside the floodplain. • When the City submits a new floodplain study for a particular stream to FEMA that more accurately defines the floodplain, the digital formatting will help expedite the FEMA review/approval process and revision of FIRM maps. On September 30, 2008, FEMA issued a preliminary set of Flood Insurance Rate Maps for Multnomah County and its cities for review and comment during a 30 day period. The new floodplain maps did not change any base flood elevations within Gresham and Gresham staff reviewed the maps for accuracy and had no concerns. FEMA is expected to issue a "Letter of Final Determination" on June 18, 2009. The City has a six month compliance period from the date of the letter to adopt the new maps as well as other needed revisions to the Floodplain Overlay District code. FEMA has designated the Oregon Department of Land Conservation and Development (DLCD) to be the state floodplain management coordinator for Oregon and to assist jurisdictions in implementing FEMA requirements. DLCD staff has reviewed the City's Floodplain Overlay District code and identified a small number of needed amendments, including: • Referencing the new floodplain maps by the name and date of the maps. • Adopting standards for replacing an existing manufactured home that is in the floodway with a new manufactured home. • Adopting standards for recreational vehicles that are located in floodplains. • Adopting standards for shallow flooding areas, designated as "Zone AO" on the floodplain maps. Floodplain Overlay District Amendments 06-12-09 Page 2 of 7 Planning Commission Staff Report CPA 09-097 Public Involvement The following measures were taken to inform the community about this project: • On November 18, 2008, from 6:30 to 8.00 p.m., FEMA conducted a public open house regarding Ihe new floodplain maps at the Multnomah County East Building in Downtown Gresham. The meeting was advertised in the Gresham Outlook and Oregonian and approximately 100 people attended. • A Measure 56 notice was mailed on June 1, 2009 to the owners of all properties within the 100 year floodplain. The notice included information about the new FIRM maps, the proposed amendments to the Floodplain Overlay District Code, the Planning Commission and City Council public hearings and provided staff contact information. • A Planning Commission work session on the proposed amendments was held on June 8. This included an opportunity for public comment. • A project Web site was maintained throughout the process. Project information, including staff contact info, was available and the latest draft materials were posted for viewing. The public could comment and ask questions through the City's Ask Gresham web tool. Proposed Comprehensive Plan Amendments Overview The specific amendments that are proposed to Volume 3 of the Comprehensive Plan are the following: Volume 3 of Development Code - Floodplain Overlay District • Revise Section 5.0101, Introductory Provisions by deleting reference to the 1978 FIRM maps and study and inserting reference (name/date) to the 2009 FIRM maps and study. • Revise Section 5.0120.E, Standards for Development in the Floodplain Overlay District by: Adding to subsection "E. Residential Construction" a reference (#3) to the fact that Gresham allows below grade crawl spaces in residential structures subject to the applicable floodplain construction standards found in the state building code. Adding paragraph "H. Recreational Vehicles" that adds standards for recreational vehicles that are kept on a floodplain site for more than 180 consecutive days. • Revise Section 5.0121, Floodways by adding subsection "A" which contains standards for replacing a manufactured dwelling that is located in the floodway portion of a floodplain. • Add "Section 5.0126 Standards for Shallow Flooding Areas (AO Zones)" which has standards for new structures, substantial improvement of existing structures and for recreation vehicles located in areas where the base 100 year flood elevation is from one to three feet above the ground. Staff Report Organization • Sections II and III identify those current Community Development Plan procedures and policies that apply to the proposal. • Section IV identifies the applicable Metro Urban Growth Management Functional Plan (UGMFP) title that applies to the proposal. • Section IV contains specific findings of fact that detail how the proposal is consistent with Sections II and HI. Subsection A is findings of fact for the Community Development Plan procedures. Subsection B is findings of fact for the Community Development Plan policies. Subsection C is findings of fact for the UGMFP • Sections V and VI summarize staff conclusions and recommendations. • Exhibit 'A', draft Council Bill No. 11 -09, consists of the text amendments to the Floodplain Overlay District of Volume 3 of the Community Development Plan. Floodplain Overlay District Amendments 06-12-09 Page 3 of 7 Planning Commission Staff Report CPA 09-097 « Exhibit 'B' are the new FEMA floodplain (FIRM) maps that are referenced by the above text amendments. SECTION II APPLICABLE COMMUNITY DEVELOPMENT CODE PROCEDURES Section 11.0400 Legislative Actions Section 11.0205 Type IV Procedure - Legislative Section 11.0300 Public Deliberations and Hearings SECTION III APPLICABLE COMMUNITY DEVELOPMENT PLAN GOALS & POLICIES Section 10.014 Land Use Planning Section 10.100 Citizen Involvement Section 10.210 Areas Prone to Flooding SECTION IV FINDINGS OF FACT The proposed Community Development Plan text amendments attached as Exhibit 'A' and the associated FEMA floodplain maps of Exhibit 'B' are consistent with all applicable procedures, policies and criteria of the Communily Development Plan; and applicable titles of the Metro Urban Growth Management Functional Plan as indicated in the following findings. Attachment "A" provides "commentary"which supplements (he findings. A. Community Development Code Procedures 1. Section 11.0400 - Legislative Actions. This section requires that an amendment to the Community Development Code and the Community Development Plan be a legislative action under the Type IV Procedure pursuant to this section. This section applies to this proposal, as it is an amendment to the Community Development Code. 2. Section 11.0205 - Type IV Procedure - Legislative. This section requires that the Planning Commission shall hold a public hearing and make a recommendation to the Council. The Council shall hold another public hearing and make a final decision. Interested persons may present evidence and testimony relevant to the proposal. The Planning Commission and Council will make findings for each of the applicable criteria. The section also provides for a hearing process consistent with Section 11.0300. Both the Planning Commission and the City Council, at public hearings in conformance with provisions of this section, will consider this proposal. Findings are made for the applicable criteria in this report or as revised in the record. 3. Section 11.0300 - Public Deliberations and Hearings. For a Type IV Comprehensive Plan Amendment this section requires that hearings be scheduled, a notice published in a newspaper of general circulation in the City and a copy of the decision be mailed to those required to receive such notice. As (he proposed action affects permissive uses on properties, a State Measure 56 notice to property owners is required between 40 and 20 days of the first scheduled hearing, A Measure 56 notice was mailed to property owners within the floodplain on June 1, 2009, which was 21 days prior to the scheduled June 22 Planning Commission hearing. Required notice of public hearing for these proposed text amendments has been published in the Gresham Outlook, as required by this section. The Planning Commission will make a recommendation and the Council will make a decision that will be based on findings of fact contained in this report and in the hearings record and a decision will be sent to those who participated in the hearings. A decision shall be made accompanied by findings and an order. Floodplain Overlay District Amendments 06-12-09 Page 4 of 7 Planning Commission Staff Report CPA 09-097 B. Community Development Plan Goals and Policies (Volume II) This section identifies the Community Development Plan goals and policies applicable to the proposed comprehensive plan amendments. The text (italicized) of the policy is followed by corresponding findings and conclusions. The applicable policies are grouped by general categories. 1. General Goals & Policies Section 10.014 Land Use Policies and Regulations Goal: Maintain an up-to-date Comprehensive Plan and implementing regulations as the legislative foundation of Gresham's land use program. Policy 23: Gresham shall coordinate the development, adoption and amendment of its land use related goals, policies and implementing measures with other affected jurisdictions, agencies and special districts. Action Measure 13: Monitor actions, programs and policies of federal, state and regional governments and when appropriate amend the Comprehensive Plan to be consistent with new laws and administrative rules. Findinos The general land use goal and the cited policies establish the City's intent to maintain an up-to-date Comprehensive Plan as the basis for its planning processes and to, among other aims, coordinate with state and federal agencies so that the Plan is consistent with new state/federal regulations. This project was initiated by the City Council on April 7, 2009. The purpose of this project is to amend the Floodplain Overlay District in order to meet current FEMA floodplain regulations. This involves having the overlay reference the new (2009) floodplain maps developed by FEMA and making other relatively minor changes that are described in above Section I. During the course of this project, staff has coordinated with the state DLCD Floodplain Specialist who is authorized by FEMA to coordinate with local jurisdictions for compliance with federal floodplain standards. DLCD staff have reviewed the City's Floodplain Overlay District Code and identified deficiencies in certain areas of the overlay relative to FEMA requirements. A draft of the proposed amendments was then sent to DLCD and they have indicated that the amendments meet all FEMA requirements. Conclusion The proposed amendments carry out this Council initiated project that is intended to comply with FEMA requirements. The proposal is consistent with the applicable land use goal, policy and action measure listeci in this section. 2. Citizen Involvement Policies Section 10.100 - Citizen Involvement Goal: The City shall provide opportunities for citizens to participate in all phases of the planning process by coordinating citizen involvement functions; effectively communicating information; and facilitating opportunities for input. Policy 1: The City shall ensure the opportunity for citizen participation and input when preparing and revising policies, plans and implementing regulations. Policy 6: The City shall ensure that technical information necessary to make policy decisions is readily available* Policy 10: The City shall ensure the opportunity for the public to be involved in all phases of planning projects and issues. Floodplain Overlay District Amendments 06-12-09 Page 5 of 7 Planning Commission Staff Report CPA 09-097 Findings The public involvement goals and policies establish the City's intent that its citizens have meaningful opportunities throughout a planning project to be informed and to affect proposals. The following measures were taken to inform the community about this project: • On November 18, 2008, from 6:30 to 8:00 p.m., FEMA conducted a public open house regarding the new floodplain maps at the Multnomah County East Building in Downtown Gresham. The meeting was advertised in the Gresham Outlook and Oregonian and approximately 100 people attended. • A Measure 56 notice was mailed on June 1, 2009 to the owners of all properties within the 100 year floodplain. The notice included information about the new FIRM maps, the proposed amendments to [he Floodplain Overlay District Code, the Planning Commission and City Council public hearings and provided staff contact information. • A Planning Commission work session on the proposed amendments was held on June 8. This included an opportunity for public comment. • A project Web site was maintained throughout the process. Project information, including staff contact info, was available and the latest draft materials were posted for viewing. The public could comment and ask questions through the City's Ask Gresham web tool. Conclusion The Citizen Involvement Goal (10.100^ and related policies are met by the combination of the FEMA open house, the Measure 56 notice mailing, Planning Commission work session and providing information on the City Web site. The proposal is consistent with the applicable citizen involvement goal and policies listed in this section. 3. Floodplain Policy Section 10.210 Areas Prone to Flooding Goal: Protect life and property irom Hood hazards. Policy 1: The City shall take measures to protect the iloodwater conveyance and storage capacity of its lloodplains. Policy 2: The City shad continue to participate in the National Flood Insurance Program, comply with Federal Emergency Management Agency (FEMA) and Metro Title 3 Floodplain Management Standards, and when necessary, amend its Floodplain Overlay District map and standards accordingly. Policy 3: The City shall maintain and make available to the public, a current inventory ol Gresham's 100- year lloodplain areas as mapped by FEMA and the Army Corps of Engineers. Findings The Areas Prone to Flooding goal and policies establish the City's intent to protect its floodplains, comply with FEMA regulations and to make available current floodplain information to citizens. In regard to Policy 1: The new digitized floodplain maps will allow the City to more accurately determine the extent of the 100 year floodplain and thereby better protect the area needed to convey the 100 year flood. The floodplain will be superimposed on distortion corrected current aerial photographs showing actual stream locations, structures and streets. In addition, the City will be adding a parcel layer that shows property lines. This will provide many more reference points for determining the boundary of the 100 year floodplain relative to properties and structures, compared to the previous paper maps. Floodplain Overlay District Amendments 06-12-09 Page 6 of 7 Planning Commission Staff Report CPA 09-097 In regard to Policy 2: As described in Section 1, adoption of the new maps and the other described amendments to the Floodplain Overlay District is required by FEMA in order for Gresham to continue to participate in the National Flood Insurance Program. Continued participation will maintain access to affordable flood insurance for Gresham's property owners. In regard to Policy 3: Adoption of the new maps will enable the City to keep its floodplain maps current and consistent with the latest FEMA floodplain maps. After adoption of these amendments, the City will be incorporating the maps into its Gresham.View GIS system for use by the general public. The public will be able to enlarge the maps on their computers to better identify the floodplain relative to a particular structure or lot and to download them for printing copies. Conclusion The Areas Prone to Flooding (10.210) Goal and related policies are met by the adoption of the new FEMA floodplain maps and the other text amendments. The proposal is consistent with the applicable goal and policies listed in this section. C. Metro Urban Growth Management Functional Plan Title 8: Compliance Procedures Findings Section 3.07.820 of this title requires that at least 45 days prior to the first evidentiary hearing on an amendment to a Comprehensive Plan or land use regulation that the City submits the proposed amendments to Metro. Metro may review the amendments and can request that the City provide an analysis of the compliance of the amendment with the Functional Plan. The City submitted the proposed amendments to Metro on May 7, 2009 which was at least 45 day prior to the first evidentiary hearing of June 22, 2009. No comments or request for an analysis have been received. Conclusion The City has submitted the proposed amendments to Metro at least 45 days prior to the first evidentiary hearing as required by Title 8. This proposal is consistent with this Functional Plan title. SECTION V CONCLUSION The proposed comprehensive plan amendments attached as Exhibits 'A' and 'B' are consistent with applicable criteria and policies of the Community Development Plan and applicable Metro Functional Plan title as indicated by findings contained or referenced in Section IV of this staff report. SECTION VI RECOMMENDATION Staff recommends adoption of the proposed comprehensive plan amendments as contained in attached Exhibits 'A1 and 'B\ End of Staff Report Floodplain Overlay District Amendments 06-12-09 Page 7 of 7 Planning Commission Staff Report CPA 09-097 Proposed new language is double-underlined: Proposed deleted language is steiek-ea. CB 11-09 ORDINANCE NO. 1677 AMENDMENT TO VOLUME 2, COMMUNITY DEVELOPMENT PLAN POLICIES AND VOLUME 3, COMMUNITY DEVELOPMENT CODE, OF THE GRESHAM COMMUNITY DEVELOPMENT PLAN, REGARDING THE FLOODPLAIN OVERLAY DISTRICT THE CITY OF GRESHAM DOES ORDAIN AS FOLLOWS: Section 1. Volume 3, Community Development Code, Gresham Community Development Plan, Section 5.0100 is amended as follows: Section 5.0100 Floodplain Overlay District 5.0101 Introd uctory Provisions Provisions of this section apply to all areas within the Floodplain Overlay District as designated on the Community Development Special Purpose District Map. This designation shall apply to all areas of special flood hazard within the city. The areas of special flood hazard identified by the Federal Insurance Administration in scientific and engineering reports entitled, -The Flood insuranoo Study for the City 18, 2009 with the accompanying maps entitled "Flood Insurance Rate Map, Multnomah County, Oregon and Incorporated Areas", December 18. 2009 Flood Insurance Rate Maps and as now or horcafter amended; are hereby adopted by reference and declared to be a part of this code. When base flood elevation data has not been provided in these flood insurance studies and maps, the Manager may obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source in order to administer provisions applying to the Floodplain Overlay District. * * * * * 5.0120 Standards for Development in the Floodplain Overlay District In addition to standards applying to the development within the underlying Plan Map district, the following standards shall apply to development proposed within the Floodplain Overlay District: E. Residential Construction 1. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation plus one foot. 2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: 1 - ORDINANCE N O . 1 6 7 7 Y:\C AO\Conncil Bills\CB 11-09—'7/22/09UT a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. b. The bottom of all openings shall be no higher than one foot above grade. c. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. J fo i l iBHimdSMaMs^^ Specialty G. Placement of Manufactured Homes All manufactured homes to be placed or substantially improved within the Floodplain Overlay District shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation plus 18 inches f46cm) one-fost; and be securely anchored to an adequately anchored foundation system in accordance with the provisions of Section 5.0120(A)(2). sites are required to either: attached additions: or 3. Meet the elgvation requirements of Section 5.0120((T) and, the anchoring refluirementa_of 5.0121 Floodways Located within the Floodplain Overlay Distriet {areas of special flood hazard} are areas designated as floodways. The floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential. Due to this fact, encroachments, including fill, new construction, substantial improvements, retaining walls, and other development shall be prohibited. Exceptions to this are fences (except walls or footings for a fence that change the shape of the floodway), public bridges, outfall structures, and fire hydrants which are allowed subject to standards established in the City Public Works Standards, Under no eircumstances shall any of these exceptions canse a change in floodway capacity, M f i n u f o ^ Manufactured d w e l l i n g s mav only he located in floodways according to one of the following conditions: pei-miiua,) at the, time attha^&tiaLio^ health, property, or the general welfare of the public: or arkipal pkuxjment. was permitted at the iime.of insatilatiojauit^ home will,not l l ^ x f a ^ t i i ^ welfare o h ho nub He -and it nit 2 -ORDINANCE NO. 1677 Y:\CAO\Cound) BillsNCB 11-09—7/22/09\PT support system designed by 30 Oregon professional engineer or architect and approved fry, the authority having jurisdiction: 4 , Th j tmf t l aMnis i i t ^ accessorybuMims,JgesssQry not displace water to the degree that it causes a rise inthg water level or diverts wa te r ing manner that causes erosion or damage to other properties: 6. J g L planning department's ordinances; and 5.0126 Standards for Shallow Flooding Areas fAO Zones^ ghallowJfloodtng areas anoear on the Flood Insurance Rate Mi not exist, or where t h ^ a d h j k t f l ^ o d m ^ s unpteclictableatKLvvhefc areas, specified on the FIRM fat least two feet if no depth number is specified!. 1. ^ y t ü h f e l o M ^ ^ eì^deof-thè building site, one foot ûr mo re above Lh et] en t h mut FIRM (at least two feet if no depth number is specified!: or 2. X & r t g t ^ j w ^ rethûd is used, compliance shall be certifier professional engineer_or architect as in section 5.2-2(3). and away from proposed structures. D. Recreati imalj^ 1. Be on the site for fewer than 180 consecutive days, I te fullv.lfceus.gd. and ready for highway use, on its wheels or jacking svsteni, is has no permanently attached addi t ions^r 2. ^ ^ ^ I h e ^ t f i r e m e B f e ^ o f g b o y c subsections AJB^and C and tho cluvntion and anchoring requirements for manufactured homes, contained in Sections 5.01 and 5.0120fAV2>. - ORDINANCE N O : 1 6 7 7 Y:\CAO\CGunc ¡1 Bills\CB ) 1-09—7/22/09\PT Section 2. Volume 2, Policies, Greshum Community Development Plan, Appendix D, is amended as follows and the FEMA "Flood Insurance Rate Maps, Multnomah County, Oregon and Incorporated Areas, December 18,2009" referred to in amended Appendix D are attached hereto as Exhibit A: APPENDIX D The Community Development Special Purpose District Maps are reproduced as separate documents. Special Purpose District Maps identify: Land which lies within the: - - Hillside Physical Constraint District; - - Natural Resource and Open Space Districts; - - Historical and Cultural Landmark sites; and - - Water Quality Resource Area (WQRA). Specific regulations apply to land or sites that have a Special Purpose District Map designation. Overlay District. First reading: July 21, 2009 Yes: No: Second reading and passed: A " g u s t 1 8 '' 2 0 0 9 BEMIS, WIDMAR3C ( v i a t e l e p h o n e ) FUHRER, STRATHERN, CRADDICK, WARR-KING, NIELSEN-HOOI NONE A b s e n t : N O N E a, • NQNE Abstain: f i City Manager Mayor Approved as to Form: Senior Assistant City Attorney 4 - ORDINANCE N O . 1 6 7 7 Y:\CA.O\Council Bi)ls\CB 11-09—7/22/09VPT I ( I i i ! . i l i ï H M i t f i í / i li i j ¿ il l ' i IT» î ^ I h I ¡ i V ' is i lì H Il il' I l i Iii] Hi! i É Jí M I i ' í ili ;.ìl h i ni ! ¡P ÍF f i í S î»u If-'P®: K f B® WS/St •¡K '•••i- mm m ¡ ¡ S È I m ìk';. M f S R S ¡ § f | l Wwëii1- § | § p j SU hï-M i t e smm l ® p p f ¡ | J ^ « m ^ i ê " " im ÎS í l l S i l I t i i J I S I Av Í; • ••J • ^ o W U5 O O S UI z £ ... t ^ Î i ^ Â É i s t ! " ' l i i l l i l l l ^ J l ^ l P CM C >HT ' O) .-• " " ^ ^ _ ^ v •^- ^•fifi « M H O « -Mite