HomeMy WebLinkAboutPlanning Commission Packet - February 1, 2011~
CFN'TRA~
POINT
CITY OF CENTRAL POINT
PLANNING COMMISSTON AGEI~IDA
Febraary 1, 20i1- b:00 p.m.
Next Flanning Commission
Resolution No. 779
I. MEETING CALLED TO QRDER
II. ROLL CALL
Connie Moczy~emba, C`huck Pilamd, Pat Beck, Mike Oliver, Justin Hurley, Tim
Schmeusser and Rick Samuelson
III. CORRESPONDENCE
IV. MINUTES - Review and approval of January 4, 2011 Planning Camniission Minutes
V. PUBLTC A.PPEARANCES
VI. BUSINESS
Pgs. i-~0 A. File No. 11013. Consideration of a Legislative Land Use Regulatian amendments
of the Gity af Central Point Mui~icipal Code Chapter 8.24, ~'lood Damage Prevention,
and Chapter ~ 7.57, Fences. Applicant: City of Central Point
VII. DISCUSSION
vrrr. ADMINISTRATIVE REVIEWS
IX. MISCELLANEOUS
X. ADJOURNMENT
City of Central Point
Planning Commissian Minutes
January 4, 2011
I. MEETING CALLED TO ORDER AT 6:00 P.M.
II. ROLL CALL
Comtnissianers Chuck Pi~and, Tim Schmeusser, Keith Wangle, Justin Hurley,
Mike Oliver and Pat Beck were present. Connie Moczygemba was absent.
Also in attendance were: Tom Humphrey, Cominuiuty Development Director;
Connie Clune, Community Plaruier; Dave Jacob, Commtxnity Plaimer; Stephanie
Holtey, Floodplain/Storm Coordinator; and Didi Tholnas, Planning Secretary.
III. CORRESPONDENCE - Letter distributed in conjunction with Rogue Valley
Recovery Hotnes business item o~l agenda.
IV. MINUTES
Justin Hurle3~ rnade a motion ta app~•ove the minutes of the November 9,
2010 P~anning Commission meeting as submitted. Tim Scllrneusser seconded
tlie rnotion. ROLL CALL: Oliver, yes; Hurley, yes, Beck, abstained;
Sc~uneusser, yes; and Wangle, yes. Motion passed.
V. PUBLIC APPEARAI~ICES - Noz~e.
VI. BUSINESS
A. File No. 11011. Cansideration af a Conditional Use Permit to occupy and
operate a eanvalescent home within an existing du~lex located in the R-2,
Residential Two-Family (R-2} zoning district. The physical address is 134
Laurel Street and is identifieci on the Jackson County Assessor tnap as 37S
2W 03DD, Tax Lot 6000. Applicant: Rogue Valley Recovery Homes;
Agent: Harr,y Detwiler
There were no conflicts ar ex parte communications to disclose. Mike Oliver, Tim
SchYneusser and Chuck Piland rnade site visits.
Connie Clune, Community Planner, prese~zted a staff report explaining that the duplex
would be utilized as a self-run convalescent home for up to fxfteen (15) people during
transition from addiction to self-sufficiency. Previously, the propert~ has been used as a
residential care facility, In 1988, the builc~ing was designated as a Class A
Plantaing Commrsston Mirtules
Jarruun~ 4, 2011
Page 2
nonconforming stnicture, the continued use af whic~ was allowed provided that
occupa~icy did not exceed 15 peo~le.
As a convalescent horne, eight off-s~eet parku~g spaces would be required. However,
with the clase proximity of transit serviee and the applicant's assurances that few tenants
own vehicles, a 25% reduction in requireci parking would reduce the amount of parkuig
neecied to six spaces. The~~e are four spaces already available on the property and
additional parking could be created in the Laurel Street front yard setback to meet this
requirement.
Staff suggested that a parking plau be required as a condinon of approval for this
application, to be su~rnitted witliin 34 days of Planning Cornmission approval.
The ~ublic hearing was opened. The first person to come forwarc~ was Frank Cavin,
owner of the property. Mr. Cavir~ stated that he had owned the property in excess of 25
years. The property hac~ always pretty much been utilized as a residential care facility of
some sort and most of tlie people living there didn't have cars. Mr. Cavin added that
there had never been any problelns where parkinb was c~ncerned and there was plenty of
an-street parking.
Dustin Butcher came forward and introduced hirnself as part of the management tearn of
Rogue Valley Recovery Homes. Mr. Butcher explained that the organization owns four
other properties, and there are no parking issues as most tenants do not own vehicles. He
explained that rnanageinent can actually assign "~on-drivers" to the Cenn•al Point home.
Mr. Butcher added that persans who have been eonvicted of certain offenses would not
be allowed to become tenants (e.g. sex offenders, those convicted of crimes against
chi~dren). Mr. Butcher continued with an explanation of application and program
requirements, monthly fees cllargeci ta tenants, probationary period and random drug
testing.
Kelli Butcher came forward and answered questions pos~d by commissioners stating that
Harry Detwilei• pays the bills far the recovery homes; that the organization is not fundeci
by anyane else. The prograln helps residents to beco7ne more self-sufficient and to
eventually move on. Mrs. Butcher explained the screening process for tenants in detail
and stated that the property wouid probably be fully occupied within two weeks.
Max Frederick, a neighbor at 146 Laurel Street, carne forward and stated that when the
property at 134 Laurel Street was used as a residential care facility, they were excellent
neighbors and there was never a parking problem. In addition, Mr. Frederick said that he
would like to ~Ceep the neighborhood looking nice and recorrunended that Mr. Detwiler be
rec~uired to add the additional parking only after the r~eed presented itself.
Harry Detwiler, owner of Rogue 'Valley Recovery Homes, came forward to add that there
have never been any problems with any of his other recavery homes in Medford.
Emphasis is placed on recoveiy af the individuals involved and he has a great group of
Plar~ning Comn:ission Minut~s
~anuafy 4, 2011
Page 3
peaple working far the pragram. "We run a tight ship" Mr. Detwiler declared
Another member of the group, Misty Coi~nwell, came forward and said that the majarity
o~the tenants don't d7~ive.
Tl~e pubIic hearing was then clased. Connie Clune recommended that the a~plicant
submit a diagram of where the parking on the property would be located. Tom
Humphrey stated that the Flanning Conimission had the ability to allow the applicant to
manage parking improvements and iinstall them at some time ir~ tlie future when it
becomes necessary.
Chuck Piland asked if the Planning Comruission had the ability to require a review in a
year's time to assess parking. Mr, Humphrey said yes and it was dete~~liined that staff
would perform the review and repart the results to the Planning Commission.
Pat Beck made a mation t4 approve Resalution 778 granting approval of a
conditional use permit to operate a fifteen {15} persan convalescent home to
establish a sel# run recovery home within an existing duplex located at 134
Laurel Street, located in an R-2 Residential Two-Ft~nul,y zoning district
(Jackson Count,y Assessa~•'s map 37S 2W 03DD, Tax Lot 6000), with the
candi~ions imposed in the Staff Report dated January 4, 2011. Li addition,
applicant shall be bound by a deferred improvement agreement with the City
requiring the ~ddition of two {2} parking spaces at such time as they become
necessary. City staff will review this conditional use permit decision in
January of 2012 to ascertain that applicant remains in compliance with
imposed conditions. Applicant is further required ta provide a parking plan
far the property located at 134 Laurel Street within thirty (30} days from the
date of this hearing. Keith Waztgle seconded the motion. ROLL CALL: Oliver,
yes; Hurley, yes; Beck, yes; Schmeusser, yes; and Wangle, yes. Motion passed.
VII. DISCUSSION
Reirisions to F`lood Dajriage Preverzttos: Ordinance
Stephanie Haltey, Flaodplain and Storniwater Coordinator, advised
commissioners that a new FEMA map wil~ take effect on May 3, 2011. The niap
~~as been developed with the best available information and wiXl replace the
previaus map that was produced in 1982. Mrs. Holtey presented an averview of
what ~~ill be happening prior to adoption of the new ma~.
lfiere has been a shift in the high risk fl~od areas and future development will
need to occu.r at a hxgher standa~'d in order to protect homes. If a homeowner has
a mortgage, mortgage connpanies will be requiring flood insurance.
Plannang Con~rniss~ian Mintttes
Jan~icary 4, 2011
Puge 4
A praposed o7-dinance is curreYrtly under review with the Department of Land
Conservatzan and Development, and the first public hearing is scheduled ta take
place in fxont of the Planning Comrnission on February 1, 2011.
Tom Humphrey advised that a natice will be going out to affected property
owners, stating that properties and the values of the properties will be affected by
this actian, Mr. Humphrey furt}~er pointed out that Mrs. Holtey had applied for
and received a~~rant to get elevation certificates prepared f~r property owners at
no cost to thern.
The nevv proposed ~loodplain rnap was reviewed, and Mrs. Holtey stated that the
City's code requirernents need to be brought in line with State requirements.
Cammissioners t~~en scheduled a study sessi~n to take plaee at 5:34 p.m. on
January 24, 2011 to discuss this matter in further detail.
7'tivin Creeks P~e An~aexation A~eerttettt Stahcs
Tom Huinphrey infonned commissioners that he had received a letter from Herb
Farber on behalf of Twin Creeks Development requesring a ten year extension o#
the master plan for Twin Creeks which was origixially approved in 2001 for a
period of ten years.
The pre-aru~exatioii agreement that was entered inta for infrastruchzre
impravements has expired. All cantractual impravements have been completed
with the exception of the railraad crossing. The new FEMA map is complicating
construction of the prap~sed railrnad crossing. In addition, a sewer h-unk line
needs ta be moved. Mitigatian plans will need to be approved by Seattle Regian
10 and work can then be completed on the crossing.
Mr. Humphrey can extend this agreeme7it withaut bringing it back to the Plann~ng
Commission and does not foresee any problem with extending the easernent to
crass the r~ilroad.
Re,~ional Problena Solvin~
Mr, Humphrey reparted that once the County is done with its review of the
Regional Plan, the State of Oregon has agreed to acknowleclge the plan, allowing
each City involved to proceed at its own pace. Once the County has adopted
urban reserve areas, each city can then begin to adjust their boundaries as part of
their own comprehensive plan amendinents.
VIIY. ADMINISTRATIVE REVIEWS
IX. MISCELLANEOUS
Plunning Con,mission Minutes
Januarw' 9. 2011
Page S
X. ADJOURNMENT
Mike Oliver made a mation to adjourn the meeting. Tim Schnzeusser
secanded the nzotion. Meeting was adjourned at 7:54 p.m.
The foregoing minutes vf #he January 4, 2011 Plannu~g Commission meeting were
approved by the P~anning Con~mission at its meeting on the day of
, 2011.
Planning Commission Chair
I..,~CISLATIYE LAND US~ R~CUL,A,T~OItii
AMEl~ID1VIENTS
STAFF REPO RT
~
~ENTRAL
P~INT
STAFF REP4RT
February 1, 2011
Planning Department
Tom Humphrey,AICP,
Community Qevelopment Dlrector/
Assistant City Administrator
AGENDA ITEM: File No. 11013
Consideration of Resolution No. recammending approval of amendments to the City o#
Central Point Municipal Code Chapter 8.2~ - F1ood Damage Prevention and Resolution No.
Cha~ter 17.57 - Fences. Applicant: City of Centr~l Point.
STAFF SOURCE:
Stephanie Holtey, CFM FloodplainlStormwater Coordinator
BACKGROUND:
The Federal Emergency Managernent Agency (FEMA) has completed a Flood Insurance Study (FIS) for
Jackson County. The purpose of the FIS was to reevaluate flood hazards and t7oociway boundaries. Based
on the findings of the FIS, a new Plaod Insurance Rate Map lias been prepared by FEMA and will
become effective o~~ May 3, 2011. Fa.ilure to complete adoption af the FIRM and related code
amendments by May 3, 20] 1 will result in suspension from tl~e National Fload Insurance Program
(NFIP).
Ta reinain compliant with FEMA flood regulations and ~ie Natianal Flood Insnrance Progran~ the City
must adopt:
Revisrt~ns to CPMC $.24, Flood D~mage Prevention Ordinance. CPMC 8.24 maintains flood
management standards for the City of Centra~ Point, and has not been updated since 1997. As a
result of changes in "best practices" and the new FIRM it is both appropriate and necessaly ta
update CPMC 8.24. The proposed GPMC 8.24 is baseci on the State's Model Flood Damage
Prevention Cade ("Model Code"), witli rnodifications to include code language acceptable to
FEMA. Aside from the reference t~ the new FIRM the rnajor differences in the praposed CPMC
8.24 amendments are orgaiuzati~7ia1, with clarificatian between affiliated codes, i.e. Building
Code, Zoning Ordinance, etc. The new FIRM ax~d DFIRM, by reference, are included in the
proposed CPMG 8.24. Construction standards set fort~~ in the existing ordinance language have not
been changed with the exeeptian of the following added sections:
~ Stream Set~ack Require~nent (IZef'et~ences e~:istirag rejaslatior~s in 5ection 17_b0.090.J
• Drainage Provisions [E`ncoxcf°ages onsite suj, face ~-vater° treatment und re,f~er~nces P~cblic
X~os•ks r•eq~cirernent, fof• ariy water no1 treated vnsite to t~rain to ccn c~~~p~•oved stot•na tlruira
f'acility.J
• Accessory Structures fProvides r~elief fro~n th~ elevatian and dyy.floodproa~rag
reqi~irements for accessory stf-zcctus~es less tharz 2U0 squ«re,feet ir~ size, provided that
maiyaimunt flood dan~age pt•e-ventio~a standards af°e. satis~ied.J
~~
1
Page 1 of 3
Below-~;rade Crawlspaces j~4llows bel.ow-g~~ade crau~lspace cpnstructiort techfrique to ~e
tstilized. Thi~s is a commora corast~~cctio~t ~f•aetice that. mu~t be refer•enced to mai~atain NFIP
conzplia~tce.J
Fences fSpecific.froodplaiti,fence constrz~ctio~a standards ft~o~ia Cliapter 17.57 ar•e relocat.ec~
Iaere. Pf'ovisio~2 a.dded to specifr.ccrlly exclzsde ne~~ fence constrPSCtion in tlae Special St~°eam
5etback provided in S~ction 17.60. D9~ and 8.24.24~ following adoptian of tlaese oj-dinance
r~vision~. ~4 gf•andfatlaering provision is also specifi.cally included fof- pr•e-existing,
corr:plrant,fences.]
2. Revisions to CP11~C 17.57, Fenees. Fence ze~~isians were made to relocate specific fence
construction standards for fences in the SFHA. to Cl~apter $.24, Section 260, and Subpart A.
Although snbstantially unaltered, a chaiige was made to prevent fence construction within the
stream setback area established in Section 17.b0.090 on lots platted after the effecti~re date ofthese
proposed ordinance revisions. This provision aims to achie~•e coinpliance with state and Federal
water quality standards and to reserve conveyance and flood stot•age areas in an effort to buffer
firture developnient frozn costly flaod damages.
FINDINGS:
See Attachznent "C - Findings".
ISSUES:
There are tl~ree basic issues with respect to consideratian of the proposed ehanges to
CPMG 17.57:
l. Flood Insurance Rate Maps {FIRM), Ttte new ~'TRM redefines the flood hazard area. AItYIOll~~l
the total Yiurnber of p7-operties and structures im.pacted by the 100-year floodplain have decreased,
the changes to the spatial distributian of high risk flaod lzazard areas has resulted i71 rnany
previously unaffected properties being re-zoned into the 100-year floodplain and vice ve7~sa. The
following table provides a comparison between properties affected by the ald FiRM and the new
FIR11~i.
~;
Flaodv~~ay Acrea e +
35.58 e
Floodway Acrea =e s .
136
SFHA Acrea e 402 SFHA Acreage 175
500- ear Acrea e 435 500-year Acrea e 703
F'loadwa Ta~ Lots 136 Floodway Tax Lots 502
Floodwa ~ Structures ~5 Floodwa Struchires 83
SFHA Tax Lots ]494 SFHA Tax Lots 637
SFHA Structures 1210 SFHA Structures 429
Upon publicatioi~ of the new FFRM on May 3, 2011 the lending and insurance indusfries vvill be
enforcing tlie Federal maYldatory flood insu~~ance p~urchase requirernent on sfieizctures iocated in the
SFHA. Grandfathering options are available to tnost property owners in Cetatral Poixit; howeve~•,
insurance policies inust be purchased before the map takes effect (5l3/11).
To mitigate impacts to affected residents, the Cit~ has made efforts to acquire FEMA Elevation
Certificates fo7- all SFHA properties u~ithout a pre-existing certificate on file. The Elevation
~~
Page 2 of 3 ~'
Certificate is the of~icial Federal form used to rate policies and will be a necessary purchase for
property owners once the map takes effect.
2. Flood Insurance Requirements. Structures with 7nortgages from federally a~filiated lending
institutions in the 1Q0-year (high risk) floodplain are subject ta a financial obligation to purchase
flood insurance. For those affected, t~us will result in an additional annual cost.
3. National Flood Insurance Program (NFIP). The NFIP makes Federal flaod insurance available
in Central Paint in exchange far the City's adoptiorl and enforceznent of floodplain regulations t11at
meet or exceed the rninimum standards set forth in the Code af Federal Regulations. Suspension
from the NFIP would prohibit residerits fro~n obtaa~ning tlie flood insurance needed to satisfy floud
insurance requirernents by the lending industry.
In the e~'ent our timeline for adaption exceeds the deadline and the City is suspendecl fram the
NFIP, reinstatement is possible once a federally compliant and legally enforceable ordinance
becomes effective.
Izl addition., the City's co7itinued efforts to minimize fload iinpacts in the cammunity through the
enforcernent of higher regulatory standards and a proactive tloodplain management approach
eanis residents automatic discounts an flood insurance pxemiums through the Co~nriiunity Ratin~;
Systein {CRS).
It is importaz~t to undersco7-e the importance af enacting revisions to the flood ordinance to meet
the National Flaad Insurance Program (NFIP) requirements prior to the effective date of the new
FIRM on May 3'~,
ATTACHMENTS:
Attachment "A - Proposed Amendments, Chapter $.24"
Attachment "B - Proposed Amez~dments, Chapter 17.57"
Attachment "C - Findings"
Attaclnnent "D - ResolutioYl No. "
Attachment "E - Resolution No. "
Attachment "F - Gomparative FIRM"
ACTION:
Cansider Resolution Na, and No. forwarding a favorable recommendation to the
City Council to app7•ove amendtnents as presented in Attachments "A - Proposed Amendxnents, Chapter
$.24" and "B - Proposed Amendlnents, C'hapter X 7.57".
RECOMMENDAT~ON:
Approve Resolutian No. and No. forwarding a favorable recommendation to the
City Council to approve amendinents as presented in Attachments "A - Proposed Amendments, Chapter
8.24" and "B - Proposed Amendments, Chapter 17.57".
Page 3 of 3
Al`TACH II~~N~` ".~,~ '~
Chapter 8.2A
I FLOOD DAMAGE PREVENTION *
Se~tions:
.28 4.01QStatutoryAuthorizdtion.
8.24.D2Q Findings of Fad.
.2$ 4.a3Q5tatementofPurpose_
8.24.040 Methods of Redu~ing Flood Losses.
.24.05 Definitions.
8_24Q~0 Application.
8Z4.070 6asis for establishing the areas of special flood hazard.
824.080 Coordination wiih State of Oregon Building Codes Division Specialty Codes.
8_2A.090 Establishment of Floodplain Development Permit,
8.24.100 Interpretation.
8.24.110 Warning and disclaimer of liability,
8.24.120 Designation o{ Floodplain Administrator.
8.24_130 Quties of the Fioodplain Administrator,
8.24.140 Permit Procedures.
8.24.1505ubstantial Damage and Substantial Improvement Determination.
8.24.160 Watercourse AI#erations
8.24.170 ftequirement to Submit NewTechnical Data
8.24.180 Non-Conversion of Enclosed Areas Below the Lowest Floor
8.24.140 Site Improvements and Subdivisions.
8.24.20Q De~elopment in Regulatory Floodways
8,24.Z10 Development in Zones WiYh Base Flood Ele~ations but No Regulatory Floodway.
8,24.Z2Q Development in Zones without BBSe Flood Elevations.
8,24.230 5tream Setback Requirement.
8_24.240 Drainage Provlslons.
8_24.250 Floodplain Development Standards for Cons{ruction.
8.24.260 Other De~elopment StandBrcfs,
8.24.270 VarfanCe.
8.24.2$0 Criteria for VarianceS.
8.24,290Variance Decision.
8.24.300 Appeals.
8.24.31D Decision.
~
e~
8.24.320 Penalties for Non-Compliance,
8.24.330 Severabllity.
8.24.340 Abrogation and Greater Restrictions.
* Prior ordinan~e history: Ords. 1585, 1716 and 1744.
r°
~!
8.24.p10 Statutory Authorization
The Legislature of the state has delegated the responsibility to local go~ernmental units to adopt
regulations designed to promote the public heafth, safety, and general welfare pf its eitizenry.
Therefore, the city ordains and sets out the provisions of thls chapter.
8.24.020 Findings of Fatt
A. The flood hazard areas 4fthe city are subject to periodi~ lnundation which results in Ioss of
life and properry, health and safety hazards, disruption of commerce and governmental
serviCes, extraordinary publiC expenditures for flood protection and relief, and impalrment
of the tax base; afl of which adversely affect the publlc health, safety, and general welfare.
B. These flood iosses are caused by structures in flood hazard areas, which are inadequaYely
ele~ated, flood-proofed, or otherwlse unproteded from flood damages, and the cumulative
effeCt af pbstructlons in ffood hazard areas, which cause increases in flood heights and
velocities, and when inadequately anchored, damage uses in other areas.
C. The City of CentraJ Poin# has the primary responsibility for planning, adpption and
enforcement of land use regulations to accorttplish proper floodplain management. (Ord.
1767 §1{part), 1997)_
8.24.43~ Statement of Purpose
tt is the purpose o{this chapter to promote the public heaith, safety, and general welfare; reduce the
annual cos# of flood insurance; and to minimize public and pri~ate Iosses due to flood conditions in
specific areas by pro~isions designed to:
A, Protect h~man life and health;
B, Mlnimile expenditure of public money on costly flood damage and control projects;
C. Minimize the need for rescue and relief efforts assoclated with flooding and generally
undertaken at the expense ofthe general public;
D. Minimize unnecessary disruption of commerce, a~cess and public service during times of
fiood;
E. Minimize damage to public facilities and utilities such as water, sanitaty sewer, storm drain
and gas mains; elecrtrk, telephone, and 2elevision cable lines; and streets, brid$es, and other
appurtenances which are located in Areas of Special Flood Hazard;
F. To help maintain a stable tax base by providingfor the sound use and development of flood-
prone areas;
6. To ensure that potential buyers are notified that property i5 in an Area of Speclal Flood
Hazar~d;
H. To ensure that those who occupy the areas of special flood hazard assume responsibilityfor
their actions; and,
I, Manage the afteration of flood hazard areas, stream channe~s and shorelines to minimize
the impact of development on the natural and beneficial functions of the floodplain. {Ord.
1767 §1(part), 1997).
~
8.24.Q40 Methods of Reducing Flood Lasses
In order to accomplish its purposes, this chapter includes methods and provisions to:
A. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or
erosion hazards, or which increase flood heights, velocities, or erosion;
B. Require development that is vulnerable to floods, including structures and facilities necessary
for the general health, safety and welfare of citizens, to be protected against flood damage at
the time of initial construction.
C. Contral filling, grading, dredging and other development whlch may increase or modify flood
damage or erosion;
D. Prevent or regulate the construction of flood barriers that will unnaturally ds~ert flood waters
or that may increaseflood hazards to other lands;
E. PreServe and restore natural floodplains, stream channels and natural protective barriers
which carry and store flood waters; and,
F. Coordinate with and supplement provisions of State of Oregon Specialty Codes enforced by
the State of Oregon Building Codes Di~ision, (flrd. 1767 §1(part), 1947).
8.24.~5U De~nitions
Unless speclfically defined below, words or phrases used ln thls chapter sha[I be interpreted so as to give
them the meaningthey have in common usage and to gi~e this chapter its most reasonabfe application.
A. Accessorv Structure means a structure on the same or adjacent parcel as a principal
structure, the use of which is incidental and subordinate to the principal structure.
B, Appeal means a request for re~iew of the Floodplain Administrator's interpretation of
provisions of this orclinance.
C. Area of Shallow Floodin~: means a designated AQ or AH Zone on the Flood Insurance Rate
Map (FIRM} wlth base flood depths ranging from one to three feet, and/or where a clearly
defined channel dces not exist, where the path of flooding is unpredictable and
indeterminate, and where velo~ity flaw may be evident. AO zones are characterized as
ha~ing sheet flow, and AH zones indlcate ponding.
D, Area of Special Flood Hazard means the land in the floodplain within a community subject to
a one percent or greater chance of fiooding in any gi~en year. Zones designating areas of
speciai flood hazard on Flood Insurance Rate ~vSaps always include the Ietters A or V. Also
known as the Special Flood Hazard Area (SFHA).
E. Base Flood means the flood having a one percent (1%) chance of being equ8led or exceeded
in any gi~en year.
F. 6ase Flood Elevation (BFE), means the watersurface elevation during the base fload in
relation to a specified datum. 7he Base Flood Ele~ation (BFE) is depicted on the FIRM to the
nearest foot and in the FIS to the nearest 4.1 foot.
G. Basement means any area of a building having its floor subgrade {belowgr0und level) on all
sides.
-+
i
H. Below-~rade Crawlspace means an enclosed area belowthe base flood ele~ation in which
the interior grade is not more than two feet below the lowest adJacent e~cterior grade and
the height, measured from the interior grade of the crawlspace to the top of the crawlspace
foundation, does not exceed 4 feet at any point. Below-grade crawlspaces are allowed
subject to the conditions found in FEMA Technical Bulletin 11-Q1 and In SeRion
8.24.22Q{E}{3).
~i y means the city of Central Point.
1. Critical Facilitk or °Essential facilit~/' means a facility that is critical forthe health and welfare
of the population and is especially important foilowing hazard events. "Criti~al facilities" or
"essential facilities" include:
1. Hospitals and other mediql facilities ha~ing surgery and emergency treatment areas;
2, Fire and police stations;
3. Tanks or other strucrtures containing, housing or supporting water or fire-suppression
materials or equipment required for the protectfon of essentia] or hazardous facilities
or special occupancy structures;
4. Emergency ~ehicle shelters and garages;
5, Structures and equipment in emergency preparedness centers;
6. Standby power generating equipment for essential taci€ities; and,
7, Siructures and equipment in go~ernment communication centers and otherfacflities
required for emergency response.
K. Q~um The ve~tical datum is a base measurement point (or set of points) from whicl~ all
elevations are determined. Historically, that common set of points has been the National
Geodetic Vertical Datum of 1929 (NGVD 29). The ve~tical datum curren#ly adopted by the
Federal go~ernment as a basis for measuring heighYs is the North American Vertlcal Datum
of 1988 (NAVD 88}.
L. Development means any manniade change to impro~ed or unimproved real estate,
incfuding but not Iimited to, buildings or other structures, mining, dredging, filling, grading,
pa~ing, excavation, or drilling operations or storage of equipment and materials located
within the area of speclal flood hazard. Exemptions to the definition of de~elopment, for
the purpose of administering this ordinan~e, indude:
Signs, markers, aids, etc. placed by a public agency to serve the public; and,
Resideneial gardens provided that they do not result in unauthorized, substantial
alteration of topography; and provided that gardening methods do not include the
use or application of pesticides, herbicides, fertilizers or other toxic materials.
M. Dl~ital FIRM (DFlRM1 means Digital Flood Insurance Rate Map (DFIRM). It depicts flood risk
and zones and flood risk information. 7he DFIRM presents the f~ood risk information in a
format suitable for electronic mapping applications.
N. Encroachment means the advancement or inftrngement of uses, FlII, excavation, buildings,
permanent structures or other development into a floodway which may impede or alter the
flow capacity of a floodplain.
p- Elevated Buildin~ means a non-basement building that has its lowest elevated floor raised
above ground Ievel by foundation walls, shear walls, post, piers, pilings or columns.
r~
~
P- Elevation Certificate means the official form (FEMA 81-31} used to track de~elopment
provlde elevation information ne~essaryto ensure compliance with community floodplain
menagement regulations, and determine the proper insurance premium rate.
Q. ~ssential Facilitv. See "Critical Facility."
Q. Flood or "floodin " means a general and tempOrary condition of partial or complete
Inundation of normally dry land areas from;
1. The overflow of inland or tidal waters; andJor
2. The unusual and rapid accumulation of runoff of surface waters from any source_
R. Flood Insurance Rate Map (FIRM) means the official map of a community, issued by the
Federal Insurance Administration, delineating the areas of special flood hazard and/or rlsk
premium zones applicabie to the community,
5. Flopd Insurance Studv f RS1 means the official report providecf by the Federai Insurance
Administration evaluating flood hazards and containing flood profiles, regulatory Floodway
boundaries, and water surface ele~ations.of the base fiood.
T, Floodwav tRe~ulator~ Floodway) means the channel of a ri~er or other watercourse and the
adjacent land areas thaY must be reserved in order to discharge the base flood without
cumulatively increasing the water surface ele~ation more than one foot.
U, Historic Structure means a structure that is;
1. Listed indi~idually in the National Regiseer of Historic Places {a Ilsting maintained by
the U.S, department of Interior) or preliminarily determined bythe Secretary of the
Interi0r as meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary ofthe Interior as contributing
to the histor3cal significance of a registered historic district or to a district
preliminarily determined by the Secretary to qualify as a registered historic district;
3, Individually listed on a state inventory of historic places 8nd determined as eligible
by States with historic preservation programs which have been approved by the
Secretary of the Interior; or,
4. lndividually listed on a local inventory of historie piaces and determined as eligible
by communities with historic preservation programs that have been certified eithar;
a, By an approved state prograrn as determined by the Secretary of the
Interior, or;
b. Diredly by the Secretary of the fnterior in states without appro~ed
programs,
Letter of Map Chan~e {LOMC} means an offidal FEMA determination, by letter, to amend or
revise effective Flood Insurance Rate Maps and Flood Insurance 5tudies. LOMCs are (ssued
in the foflowing categories:
1. Letter of M~p Amencfinent (LOMA1 means a revision based on technical data
showing that a property was inad~ertently included in a designated special flood
hazard area. A LOMA amends the current effective Flood Insurance Rate Map and
establishes that 0 specifi~ property or structure is npt located in a special flood
hazard area;
~
2. Letter of Map Revision fLOMR) means revision based on technical data showing, due
to human made alterations, changes to flood zones, flood ele~ations, or floodplain
and regulatory Floodwaydelineations. One common type of LOMR, a LOMR-F, is a
determinatfon that a structure or parcei has been elevated by fill abo~e the Base
Fiood Elevation and is excluded #rom the spe~ial flood hazard area;
3. Conditional Letter of Mao Re~ision (CLOEV1ft1 means a formal re~iew and commertt
by FEMA as to whether a proposed proJect complies with the minimum National
Flood Insurance Program floodplain management crlterla. A CLOMR does not
amend or revise effecrti~e Flood Insurance Rate Maps, Flood Boundary and
Floodway Maps or Flood lnsurance Studies, nor does a CLOMR constitute a formal
pro]ecY approval by the City,
W. Lawest Floor means the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood reslstant enclosure (used solely for parking of vehicles, building access,
or storage) in an area other than a basement area, is not considered a building's lowest
floor, provicfed that such enclosure +s not built so as to render the structure in violation of
the applicable non-elevation design requirements of this chapter found at Section
s.z4.zsa(B)(2) ar,d (3)of tn~s ~napcer.
X. Manufactured Dwellin~ or "Manufactured Home" means a structure, transportable in one
or more sections, which is built on a permanent chassis and is designed for use with or
without a permanent foundation when attached to the required utilities. The term
"manufactured home" does not indude a"recreational vehicle.°
Y New Construction means structures for which the °start of construction" commenced on or
~Rer the effective date of the adopted flood damage prevention and hazard mltigation
requirements codified in thls chapter, includingsubsequentsubstantial lmpro~ementsto
the structure,
Z. ReCreatfonal Vehicle means a vehicle which is:
1. Built on a single chassis;
Four hundred square feet or less when measured atthe largest horizontal
projection;
Designed to be self-propelled or permanently towable by a light duty trUCk; and
Not primarily designed for use as a permanent dwelling, but as temporary living
qua~ters for recreational, camping, tra~el, or seasonat use.
AA. S~rt of Cons,f_r_~~tion means the date the de~elopment permit (which includes de~elopment,
public works, and building permits) was issued, provided the actua! start of construction,
repair, reconstruction, placement or other substantial impro~ement was within 180 days of
the permit lssuance date. The ac~ual start of construction means either the first placement
of permanent construction of a striicture on a site, such as Yhe pouring of slab or foatings,
the in5tallation of piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundatlon or blocks.
Permanentconstruction does not include land preparation, such as dearing, grading and
filling; the installation of streets and/ar walfcways, exca~ation for a basement, footings,
piers, orfoundations; the erecrtion of temporary forms; or the installation of the property or
accessory buildings (i.e., garages or sheds) not occupied as dwelling units or which are not
part of the main structure. For a substantial impro~ement, the actual start of Construction
r~.
~ v
means the first alteration of any wall, ceiling, floor, or other structural part o{ a building,
whether or not that alteration affects the extemal dimensions of the building,
AB. StruCture means a walied and roofed building, manufactured dwelling, ~ modular or
temporary buifding, or liquid storage t8nk that is principally above ground_
AC. Substantial Damaze means dam2ge of any origin sustained by a structure wherebyfhe cost
of restoring the sEructure to its before damaged candition would equal or exceed fifty
percent of the market value of the structure before the damage occurred.
AD. Substantial Impro~ement means any repair, reCOnstruction, or improvement of a structure,
the cost of which equals or exceeds fifty percent of the market value of the structure either:
l. Before the improvement or repair is started; or
2. If the structure has been damaged and is being restored, before the damage
occurred.
Forthe purposes of this definition "substantlal improvement" is considered to occur when
the f~rst alteratlon of any wall, ceiling, floor, or other structural part of the building
commences, whether or nat that alteration affects the extemal dimensions of the structure.
The term does nat, howe~er, include either;
a. Any project for irnprovement of a structure to comply with existing state or
local health, sanitary, orsafety code specificatiozis which are solely
necessary to assure safe living conditions, or
b, Any alteration of a structure listed on the National Register of Historic
Places or the Qregon State In~entory of Historic Places.
AE. Variance means a grant of relieffrom the requirements of this chapterwhicii permits
construction in a manner that would otherwise be prohibited by this chapter.
AF. Violation means the failure of a structure or other de~elopment to be fully campliant with
the communit~/s floodpiain management regulations. A Strudure or other de~elopment
without evidence of compliance, such as a FEMA Elevation Certificate, Floodproofing
Certificate or other certification, is presumed to be in violation until such time as that
documentation is provided.
AG. Water Course means a lake, ri~er, creek, stream, wash, arroyo, channel or other topographic
feature in, on. Through, ar o~er wh"rch water flows at least periodically,
AH. Water Dependent Use means a facility that Cannot be used for its intended purpose unless it
is located or carried out in close proximity to water. The term does not include long-term
storage, m8nufacture, sales or service facilities. {Ord. 1767 ~1(part), 1997).
AI, Water Surface Ele~ation means ihe height, in relation to a specific datum of floods of
various magnitudes and frequencies ln the floodpla"ms of riverine areas.
8.24.06a Lands to Which 7his Ordinance Applies
This chapter- shall apply to all areas of special flood hazards within the jurisdiction of the City of Central
Point. Nothing in this ordinance is intended to allow uses or structures that are otherwise prohibited by
the zpning regulatians orSpecialty Codes. {~rd. 1767 §1{part}, ~997).
~ ~
8.24.070 Basis for Establishing the Areas of Speclal Flopd Hazard
The Area of Special Flood Hazard identified by the Federal Emergency Management Agency in the Flaod
Insurance Study (FIS) forJackson County Oregon and Incorporated Areas, dated May 3, 2411 with
accompanying Flood Insurance Rate Maps (FIRM) and Digital Flood Insurance Rate Maps (DRRM) are
adopted by reference and declared a part of thls ordinance. The FIS and FIRM are on file at Central
Point City Hall located at 140 South 3`d SYreet, Central Point, Oregon.
The local administrator or his or her designee may also identify additional areas of special flood hazard
which are not identified by FEMA, but have been identified as being areas of special fiood hazard due to
their proximity to named ar unnamed ditches, creeks, streams, ri~ers, or channels; orthat ha~e been
identified as areas of special flood hazard based on historical e~ents or oCCUrrences. (Ord. 17fi7 §1(part},
1997).
8.24.080 Coordination with the State of Oregon Suilding Codes Dlvislon Specialty Codes
Pursuant to the requirement established in ORS 455 that the City of Centraf Point administers and
enforces the State of Oregon 5pecialty Codes, the Clty Council of Central Point does hereby acknowledge
that the Specialty Codes contain certain pro~isions that apply to the design and construction of buildings
and strucYures located in Areas of SpeCiaf Flood Hazard. Therefore, this ordinance is intended to be
administered and enforced in conjunction wlth the Specialty Codes.
8.24.09a Establishment of Floodplain Development Permit
A. A FloodpEain Development Permit shall be required prior to initiating development activities in any
Special Flood Hazard Area as established in Section 8.24.070. The permit shall be for all impravements
or structures (including manufactured homes and fences, as set forth in Sedion 8.Z4.050 and 8.24.250
and 8.24.260 of this chapter), and for all development including fill and other activities, also as set forth
in Section 8.24.260 of this chapter. (Ord. 1767 §1(part), 1997).
B. Any Floodplain Development Permit that requires engineering analysis, calculatfons or modeling
to establish a base flood elevation or regulatory Floodway, or tp demonstrate no increase to base flood
elevation in an established regufatory Floodway shall be considered a land use action requiring an
opportunity for a quasi-judicial land use hearing pursuant to LUBA decision No 2004-007 and ORS
1g7.763,
8.24.1pp Interpretatiqn
In the interpretatfon and appllcatlon of this ch2pter, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed fn favor of ihe go~erning body; and
C. Deemed nelther to limit nor repeal any other powers granted underfederal, state, or focal laws,
ordlnances, rules, or statutes and rules including the state building code. (Ord. 1767 §1(pa~t),
1997).
~ F;
~:r
8.2~.11a Warning and pisclaimer of Liability
The degree of flood protection required by this chapter ls considered reasonable for regulatory
purposes and is based on scfentlflc and engineering consideraYions. Larger floods can and wfll occur on
rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not
imply that land outside the Areas o# Speciai Flood Hazard or uses permitted within such areas will be
free from flooding or flood damages. This chapter shall not create liability on the part of the city, any
officer or employee thereof, or FEMA, for any flood damages that result from reliance on this ~hapter or
any administrative decision lawfully made under this chapter, (Ord. 1767 §1(part), 1997},
8.24.120 Designatfon of the Lotal Floodplain Administrator
The City Administrator or hisJher designee is hereby appointed as the Floodplain Administratorwho is
responsible for administering and implementing the provlsions of this ordinance. (Ord. 1767 §1(part),
1997}.
8.24.130 Duties and Responsibilities o# the Floodplain Administrator
Duties of the FlOOdplafn Administrator shall indude, but not be limited to the following:
A. Review al I proposed development to determine whether it will be located in Areas of Special
Flood Hazard or other flood-prone areas;
B, fteview applications for new d2velopment or modifications of any existing de~elopment
located in Areas of Special Flood Hazard for compliance with the requlrements of thls
ordinance;
C_ Interpret flood hazard area boundaries, provide available flood hazard information, and
provide base flood elevatlons, where they exist;
D. Review proposed development to assure that necessary permits have been received from
governmental agen~ies from which approval is required by Federal or state law, Copies of
such permits shaU be maintained on file;
E. Review all de~elopment permit applications to determine if the proposed development is
Eocated in the regulatory Floodway, and if so, ensure that the encroaChment standards of
Section 8.24.200 are met;
F. When Base Flood Elevation data or floodway data ha~e not been established pursuant to
Section 8.Z4.070, then the Floodplain Administrator shall obLaln, review and reasonably
utilize any base flood elevation and floodway data available from a Federa~, state or other
authoritati~e source in order to administer the provlsions ofthis ordinance;
G. When Base Flood Elevations or other engineering data are not available from an
authoritati~e source, the Floodplain Administrator shall require Base Flood Elevations to be
developed in accordance with Sedion 8.24.160(D) or take into account Yhe flood hazards, to
~ ~t
v
the extent they are krtown, to determine whether a proposed building site or subdivision
wiil be reasonably Safe from flooding;1 z
H. Where a determinatian is needed ofthe exact location of boundaries of the Areas of Special
Flood Hazard, such as when there appears to be a conflict between a mapped boundary and
actual field conditions, the Floodplain Adrninistrator shall make the interpretation. Any
persom m~testing the location of the boundary may appeal the determination SubjeCt to the
process identified in Section 8.24.3QQ;
I, Essue floodplain development permits when the provisions of this ordinance have been met,
or deny the same in the event of noncompliance;
1. Coordinate with the Building Official to assure that applications for building permits comply
with the requirements of this ordinance;
K. Obtain, verify and record the actual eievation in relation to the ~ertical datum used on the
effecti~e FIRM, or highest adjacent grade where no BFE is a~ailable, of the lowest floor le~el,
including basem2nt, of all new construdion or substantially improved buildings and
structures;
L. Obtain, verify and record the actual elevation, in relation to the vertical datum used on tha
effeCtivg FIRM, or highest adjacent grade where no BFE is availabfe, ta which any new or
substant3ally improved buildings or structures ha~e been flood-proofed. When flood-
proofing is utilized for a structure, the Floodplain Administrator shall obtain certification of
design criterfa from a registered professional engineer or architect;
M. Ensure th2t all ~etOrds pertaining #o the provisions of this ordinance 2re perminently
malntained in the office of the Floodplain Administrator and are avallable far pubiic
Inspectlon;
N. Make periodic inspections of Areas of Special Flood Hazard to establish that development
actlvlties are being performed in compliance with this ordinance, and to verify that existing
buildings and structures maintain compliance with this ordinance;
O. Coordinate with the Building dffi~ial to inspect areas where buildings and structures in
Areas of Special Flood Hazard have been damaged, regardless of the cause of damage, and
notify owners that permits may be required priorto repair, rehabilitation, demolition,
relocation, or reconstruction of the building or strudure; and,
P. Make Substantiaf Imprwement or Substantial Damage determinatlons for all structures
located in Areas of Special Flood Hazard.
~~3a CFk PaiT 65.2 defines "reascmably safe fi'om floodin~' as base flood u~atcrs ~m~ill not inuudate the land Or
damage swctures...and that any subsurface waten related to tlie Uase fl~~od H~ill uot damage existing or ~n•opcased
huild'mts,
~ Notc: (iregon Residc,~niial Specialty Code R324. ] 3 authorizes the building of'ficial to reyuire the applicaut to
detemiine a basc flood elecatinn ~r~here npne exigtS,
~ ~
8.24.140 Permit Procedures
Application for a Floodplain Development Permit shall be made to the Floodplain Adminisirator on
forYns fumished by the Administrator or the Administrato~'s designee prior to starting de~elopment
activities. Specifically, the following information is required;
A, Application Staee
1. Plans in dupli~ate drawn to scale with elevations of the project area and the nature,
location, dimensions of existing and proposed structures, earthen fill placement,
storage of materials or equipment and drainage facilities?;
2. Delineation of Areas of Special Flood Hazard, regulatory Floodway boundaries
including base flood ele~ations, or flood depth in AO zanes, where available;
3. For alf proposed structures, elevation in relation to the highest adJacent grade and
the base flood ele~ation, orffood depth in AO zones, of the:
a. Lowest enclosed area, including crawlspace or basement floar;
b. Top of the proposed garage slab, if any; and,
c. Next highestfloor.
4. Locations and sizes of all flood openings in any proposed building;
5. Ele~ation to which any non-residential structure wi{I be flood-proofed;
6. Certification from a registered professional engineer or architect that any proposed
non-residential flood-proofed structure will meet the flood-prooflng criterla of the
NFIP and Specialty Codes;
7. Description of the extent to which any waYercourse will be altered or relocated as a
result of a proposed development; and,
8. Proof that application has been made for necessery permits from other
governmental agencies from which approval is required by FederaE or state law.
B. ConstruCtion StaRe
1. For all new construction and substantial improvements, the permit holder shall
provide to the Floodplain Administrator an as-built certification ofthe floor
ele~ation or flood-proofing level immediately after the lowest floor or flood-
proofing is placed and prior to further vertical construction.
2. Any defiCiencies identified by the Floodplain Administrator shall be corrected by the
permlt holder immediately and prior to work proceeding. Failure to submit
certification or failure to make the correctians shall be cause for the Floodplain
Adm~nistratorto issue a stop-work order for the project.
' Or~on Itesidential Speciulty Code Rl{)b.5 reyuires one set to be retained and the scx:ond to be returnal
tc~ tl~e applicant. A tl~ird copy shall be provid~i for the Floodplain fldministrator fnr review and record
keeping purpoSCS,
~~
Certfiicate of Occupancy
In additfon to the requirements of the buiEding codes pertaining to Certificate Of
occupancy, pi~ior to the flnal lnspection the owner or authorized 8g2nt shall submit
the following documentation that has been prepared and sealed by a registered
surveyor or engineer for review, and approval by the FloOdpl~in Administrator:
a. For elevated bulldings and strudures in Areas of Speci8l Flood Hazard (A
zones), a completed FEMA Elevation Certiflcate {FEMA Form 51-31) that
includes the as-built elevation of the lowest floor, including basement or
where no base flood elevation is available the height above highest adjacent
grade of the lowest floor.
b. For buildings and structures that have been floodproofed, a FEMA
Floodproofing Certificate that includes the elevation to which the building
or structure was floodproofed.
Failure to submit certification or failure to correct violations shall be ~ause forthe
Floodplain Administrator to withhold a certificate of occupancy until such
deficiencies are correcrted.
D. Fxpiration of Floodnlain De~elopment Permit
A floodpfain development permit shall expire 180 days a#ter issuance unless the
permitted activity has been substantially begun and thereafter is pursued to
completion.
Commencement of work includes start of construction, when the permitted work
requires a building permit.
8.24.150 Substantia! Damage and Substantial Improvement Determinatfon
For applications for permits to impro~e buildings and structures, including additions, repairs,
renovations, and altera2ipns, the Floodpla'm Administrator, shall:
A. Estimate the market ~alue, or require the applicant to obtain a professional appraisal of the
market value, of the building or structure before the proposed work is performed. When
repair of damage is proposed, the market ~alue of the building or structure shall be the
market value before the dam~ge occurred;
B, Compare the cost of improvement, the cost to repair the damaged buildingto its pre-
damaged condition, or the comb'~ned costs of improvements and repairs, if applicable, to
the market ~alue of Yhe building or structure;
1, Except as indicated in subsections (2) and (3) below, all costs to repair substantial
damage, Including emergency repairs, and the cost of Complying with any County,
scate, orfederal regulation, must be included;
2. The costs associated with the corre~tlon of pre-existing ~iolations af state or lo~al
health, sanitary, or safety code specificatlons that were identified by the building
~ V
official, the dlrector of environmental health, or any other locaf code enforcement
afficial prior to the improvement or repair, and that are the minimum necessary to
ensure safe living conditions, shall not be included;
Costs associated with the following items are not included:
a, The preparation and approval of all requlred plans, C2lculations,
certificatfons, and specifications;
b. The performance of surveys or othergeotechniCal or engineering studie5
and resulting reports;
c. Permit and re~iew fees, and;
d. 7he construction, demolition, repair, or modification of outdoor
impro~ements, including landscaping, fences, swimming pools, detached
g8rages and sheds, etc.;
4_ Proposed alteratipns to a designated historic buflding or structure are not t0 be
cansidered a subsYantial improvement unless the alteration causes a loss of said
designation.
The Floodplain Administrator shall make the final determination of whether the proposed
improvement and/or repairs constitute a substantial improvement or substantial damage.
The Floodplafn Administrator shall notify the applicant of the results of the determination by
letter.
The applicant has the right to appeal the determination pursuant to Section 8.24.300,
8.24.160 Watercourse Alterations
A. Development shall not diminish the fload carrying capacity of a watercourse. If any
watercourse will be altered or relocated as a result of the proposed development, the
applicant must submit certification from a registered professional engineer that the ffood
carrying capacity will not be diminished.
B. Applicant will be responsible for obtaining a!I necessary permits from govemmental
agencies from which approval Is required by Federal or state law, including but not limited
to section 464 of the Federal Water Pol[uti0n Control Act Amendments of 1972; 33 iJ.S.C.
1334, the Endangered Species Act of 1973, 16 U.S.C. 1531-1544; and State of Oregon
Division of State Lands regulatfons.
C. If the altered or relocated watercourse I5 part o# an Area of Special Flood Hazard, the
applicant shall notify adjacent communitieS and aregon Department of Land Conservation
and Development prior to any alteration or relocation of the water~ourse. Evidence of
notifiCation must be submitted to the Floodplain Administrator and to the ~ederal
Emergency Management Agency as set forth in Setrtion 8.24.ll0.
~ r..,~
!
The applicant shall be responsible for ensuring necessary mafntenance for the altered or
relocated portion of the watercourse, so that flood carrying capacity wilE not be diminished.
8.24.170 Requirement to Submit New Technical Data
A. Within six months of projeR completion, an applicant who obtains an appro~ed Conditional
Letter of Map Revision (CLOMR} from the Federal Emergency Management Agency (FEMA},
or whose development alters a watercourse, modlfies floodplain boundaries or Base Flood
Ele~ations shall obtafn from FEMA a LetEer of Map Revision {LOMR} reflectingthe as-built
Changes to the FIRM.
B, It is the responsib€lity pf the applicant to have technical data prepared in a format raquired
for a Conditional Letter of Map Revision or Letter of Map Revlsion and to submit such data
to FEMA on the approprfate application forms. Submittal and processing fees for these map
revisions shall be the responsibiEity of the applicant.
C. Applicants shall be responsible for all costs associated wlth obtaining a Conditional Letter of
Map Re~ision or Letter of Map Revlsion from FEMA.
D. The Floodplafn AdminisLrator shall be under no obl€gatlon to sign the Community
Acknowledgement Form, whlch is part of the CLOMR/LpMR application, until the applicant
demonstrates th2t the project will or has met all applicable requirements of this ordinance.
8.24.18~ Non-Conversion of Endosed Areds below the Lawest Floor
To ensure that enclRSed areas belowthe lowest floor cantinue to be used solely for parking vehicles,
limited stor-age, or access to the building and not be frnished for use as human habitation, the Floodplain
Administratprshall:
A_ Deter mine which applications for new construction and/or substantial improvements have
fully enclosed areas below the iowest floor that are 5-feet or higher;
B. Enter into a"Non-Can~ersion Deed Declaration for Construction within Flood Hazard Areas"
or equivalent with che City of Centra{ Point. The deed declaration shall be recorded with the
City of Central Point. The deed declaration shall be in a form acceptable to the Fioodpiain
Administratorand City Council.
8.24.190 Site Improvements and Subdivisfons
A!I proposed new de~eiopment and subdivisions shall be coi~sistent with the need to
minimize flood damage and ensure that building sites will be reasonably safe from flooding.
The test of reasonableness is a local judgment and shall be based on historical data, high
water marks, photographs of past flooding, etc,
Building lots shall have adequate buildable area outside of the regulatory Floodway
~ l:f
C. New development proposals and subdivision development plans shalf include the mapped
flood hazard zones from the effedi~e FIitM, including the regulatory Flooclway, if available.
D. Where Base Flood Elevation data has not been provided or is not a~ailable from another
authorized sourCe, it shall be generated for subdivision proposals and other proposed
developments, which contain at least fifty lots or five acres (whichever is less}.
E. New devefopment and subdi~isions shafl have public utllities and facilities such as sewer, gas
electric and water systems located and constructed to minimlzeflood damage.
F. Onsite waste dispoSal systems shall be located and constructed ta avoid funCtional
impairment, or contam3nation frpm them, during flooding.
G. Subdi~isions and manufactured home parks shall have adequate drainage provided to
reduce exposure to flood hazards as pro~ided in 5ection 8.24.240. In AO and AH zones,
drainage paths shall be provided to guide floodwater around and away from all proposed
and existing structures.
8.24.2U0 Development in Regulatory Floodways
Located within Areas of Special Flood Hazard established in Section 8.24.070 of this chapter are areas
designated as regulatory Floodways. Slnce the Floodway is an extremely hazardous area due to the
velocity of flood waters which carry debris, potential projectiles, and erosion potential, development will
not normally be allowed within the floodway. However, if de~elopment is allowed withln the Floodway
by the FloodpEain Administrator or the Administrato~s designee, the following provisions will apply:
A. Except as provided in Section 8.24.200(F) and (G}, encroachments, including fill, new
construction substantial impro~ements and other de~efopment are prohibited unless
certification by a registered professional ci~il engineer is provided demonstrating through
hydrologic and hydraulic analyses performed in accordance with standard en~neering
practice that such encroachment shall not result in any increase in flood levels during the
occurrence of the base #lood discharge.
B, Any fill allowed to be placed in the Floodway shall be designed ta be 5tabfe under conditions
offlooding, induding rapid rise and rapid drawdown offloodwaters, prolonged inundation,
and flood related erosion and scour,
G Applicants shall obtain a Conditional Letter of Map Revlsion (CLOMR) from FEMA before an
encroachment, including fill, new construdion, substantial impro~ement and other
de~elopment in the floodway is permltted that will cause any "mcrease in the base flood
elevatipn.
D, Mobile Homes. No mobile home shall be pfaced in a floodway except in an existing mobile
home park or an existing mobile home-subdivision, as conditionally approved by the local
administrator or his/her designee, in consideration of the conditions of Section 8.24.250(G).
(Ord. 1768 §1, 1997; Ord_ 1767 §1(part), 1947),
E. Fences and Walls. Fences are prohibited in the regulatory floodway as provided in Section
17.57.030(A) and Section 8.24.260(A){1),
F, Temporary encroad~ments in the regulatory Floodway for the purposes Of Capital
improvement projects, including bridges, may be allowed even if the encroachmenY results
~ J
in an increase ln flood le~els during the occurrence of the base flood discharg2, and without
obtaining a CLdMR, when:
1. Tfie project is limited as to duration with the days and dates that the structure or
other de~elopment will be in the reguiatory Floodway specified in the development
permit;
2. Accessory structures (i.e. construction trailers} are restriCted from the regulatory
Floodway;
3. The projeCt limits placement of equipment and material in the regulatory Floodway
to that which is absolutely necessary for the purposes of the pro]ecY. Justificatlon
that demanstrates compliance with this requirement will be documented by the
applicant In the required floodplain development permit appli~ation submittal
documentation;
4. The applicant Identiffes arty insurabie structures affected by temporary changes to
the Area of Special Flood Hazdrd or $ase Flood Elevation and notifies owners of any
increased risk of Flooding;
5. The project applicant is provided with written notification that they may be liable
for any flood damages resulting from the temporary encroachment.
Prajects for stream habitat restoration may be permitted in the Noodway provideci:
1. The project qualifies for a Department of the Army, Portland District Regional
General Permit for Stream Habitat Restoratipn {NWR2007-1p23}; and,
2. A qualified professional (a Registered Professianal Engineer, or staK of NRCS; the
county; or fisheries, natural resources or water resources agencies) has pro~ided a
feasibility analysis and certification that the project was designed to keep any rise in
100-year flood levels as close to zero as practically possible given the goals of the
project; and,
3. No structures would be impacted by a potential rise in flood elevation; and,
4. An agreement to monkor the project, Correct problems and ensure that flood
carrying capacity remains unchanged is included as part of the local approval.
8.24.210 Develppment in Zones with Bdse Flood ElevdtiOns but No Floodway
A. In areas within Zones A1-30 and AE on the community's FIRM with a base flood ele~ation, or
where a base ffood elevation is de~eloped according to Sectfon 8.2419Q(D), but where no
regulatory floodway has been designated, new construction, substantial improvements, or
other de~elopment (including fill} shall be prohibited, unless It is demonstrated that the
cumulative effect of the proposed development, when combinecf with all other exlsting and
anticipated de~elopment, will not increase the water surface elevation of the base flood
more than one foot at any point within the community,
c`~ (S
~ ti!
B_ Appllcants of proposed prajects that increase the base flood elevation more than one foot
shall obtain #rom FEMA a Conditfonal Lerter pf Map Re~ision (CLOMR) before the project
may be permitted.
8.24.220 De~elopment in Zones Without Base Flood Ele~ations
The following standards apply in riverine areas of special flood hazard where no base flood elevation
data ha~e been provided (approximate A Zones):
A, When base flood elevatlort or floodway data ha~e not been Identifled by FEMA in a Flood
Insurance Study ~nd /or Flpod InsuranCe Rate Maps, the Floodplain Administrator shall
obtain, review, and reasonably utilize scientlfic or hlstorlc base fiood elevation and floodway
data a~ailable from a federal, state, or other source, in order to administer this ordinance. If
base flood elevations are not a~allable, subsedion (C) below shall apply.
B. Where the fEoodplain administrator has obtained base flood elevation data, Sections
8.24.250 and 8.24.260 shall apply,
In special flood hazard areas without base flood elevation data,
No encroachments, including structures or fill, shall be located in an Area of Speclal
Flood Hazard within an area equal to the width of the stream or fifry feet, whiche~er
is greater, measured from the ordinary high water mark, unless a base flood
elevation is developed by a licensed prafessiona! engineer, or;
The lowest floor of any insurable building or structure, indudmg manufactured
dwelEings, shall be elevated a minimum of three (3) feet above highest adjacent
grade.
8.24.230 Stream 5etback Requirements
Stream setbacks mitigate future flood losses by providing flood storage, enhancing channel stabiiity, and
by buffering structures and other development from migrating stream channels. In addition, tfie stream
setback establishes riparian buffer areas pro~ide opportunities for natural stormwater treatment,
increased habltat opportunities for fish and wildlife species, and increased opportunities for recreation
and wlldlife ~iewing. The stream setback shall apply to all streams in all Central Point zoning districts,
provided that the setback does not apply to the Jackson Creek Q~erbank regulatory Floodway
delineated on the effective Flood Insuran~e Rate Map, in accordance with the provisions provided in
Section 17.60.090.
8.24.240 DCain~g~ Prp~iSipnS
Adequate drainage paths shall be provided around structures on slopes to guide flood w2ters 2round
and away from proposed and existing structures, subject Yo the folfowing criteria:
A. To the greatest extent possible, surface water runoff should be tredted On-Site using low
impact development practices, such as rain gardens; and,
B. Surface water runoff that (s not treated onslte using low ImpaCt develOpment practiceS shall
drain to an approved storm drain facility as provided ln the Public Works Standard
Spe~ifications.
~ .~
.:i .f.
8.24.250 Floodplain Development Standards for Construction
Anchorinz
1. All new constre~ction and substantial impro~ements shali be anchored to prevent
flotation, collapse or lateral mavement of the structure.
2. All manufactured homes must likewise be anchored to prevent flotation, collapse, or
lateral movement, and shall be installed using methods and practices that minimize
flood damage. Anchoring methods may include, but are not limited to, use of over-
the-top or frame ties ta ground anchors (referta FEMA's "Manufactured Home
fnstallation in Flood Hazard Areas" guidebook for additional techniques and detai[s).
B. Construction Materiafs and Methods
1_ AI! new construction and substantial impro~ements shall be constructed wiYh
materials and utility equipment resistant to ffood damage,
2. Afl new construction and substantial improvements shail be constructed using
methods and practices that minimize flood damage.
3. Electrical, heating, ~entiiation, plumbing, and air-conditioningequipment and other
service facillties shall be designed and/or otherwise elevated or located so as to
prevent waier from entering or accumulating within the components during
Conditions of floading.
Refer to FEMA TechniCal BulEetin Q2-08 for more information about the FEMA Flood
Resistant Materials Requirement.
C. Utilities
1. All new and replacement water suppfy systems shall be designed to minimize or
eliminate infiltration of flood waters into the system.
2. New and replacement sanitary sewage systems shall be designed to mitigate or
eliminate Infiltration of flood waters into the systems and discharge from the
systems lnto flood waters.
3. On-site waste disposal systems shal! be located to avoid impairment to them or
cantamination from them during flooding consistent with the Oregon Department
of Environmental Quality.
4_ Storm drain systems shall be designed to adequaYely and completely drain all flood
waters, when the flaod levels diminish at the point of discharge. Discharge ends af
storm drain systems shall be equipped with sultabfe devices which prevent the
f\~!i
~ ~
D. Critical Facilities
Construction of new critical facilities shall be, to the extent posslble, located outside the Ilmits of the
area of special flood hazard. ConsYruction of new critical facilities shail be permissible within the
area of special flood hazard if no feasibie alternati~e site is available. Critical facilitles construded
within the areas of speciaf flood hazard shall have the lowest floor elevated three feet above BFE (or
depth number in AO zones) or to the height of the 0.2 percent (500-year) flood, whichever is higher.
Access to and from the critical facility should also be protected to the height utilized above.
Floodproofing and sealing measures must be taken to ensure that toxic substances or priority
organic pollutants as defined by the dregon Department of Environmental Quality will not be
displaced by or released into floodwaters. Actess routes elevated to or above the fe~el of the base
flood elevation shall be pro~ided to all critical faciflties to the extent posslble.
E. Residential Construction
1. New construction and substantial impro~ement of any resldential struc.ture shall have
the lowest floor, including basement, elevated one foot above the base flood
ele~ation or base depth; or, lf np base depth is specified in an area of shallov~.~ flooding
tFlood Zones AQ and AH), shall be elevated at least 2-feet above grade.
2. Fully enclosed areas below the lowest floor that are subject to flooding are prohEbited,
or shall be designed to automatically equalize hydrostaticfload forces on exterior
walls by allowing for the entry and exlt of flood waters. Designs for meeting this
requirement must be either ~ertified by an Oregon registered professional engineer or
architect and must meet or exceed the following minimum criteria;
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 fiooding shal! be provided in
accordance with the following additional requirements:
i. Opening area must be located below the base flood elevation to satisfy this
requlrement; and,
ii. Openings must be at least 3-inches wide. This requirement applies to the
hole in the wall, excluding any de~ice that may be inserted such as a typical
foundatfon air ~ent de~ice, mesh screens and hardw~re cloth.
fli. The bottom of alI openings shall be no higher than 12-inches above grade.
iv_ Openings may be equipped with screens, louvers, or other co~erings or
devices provided that they permit the automatiC entry and exit of flood
waters.
3. Below-grade crawlspace foundations are allowed where Base Flood Elevation data
are available, pro~ided that they conform to guidellnes pro~ided ln FEMA Technical
Bulletin 11-01, Crawlspace Construction for Structures Located In Special Rood
Hazard Areas, bullding codes and belpw-grade crawlspace pro~isions established in
Section 8.24.250(K).
F. Nonresidentia! construction
New construction and substantial improvement of any commercial, lndustrial, or oYher
nonresidential strudure shall either have the lowest floor, including basement, elevated at least
one foot abo~e the base fiood elevatfon or base depth; or, if no base depth is specified in an area
i1 ' ~
.`r t~
of shallowflooding, shall be ele~ated at least 2-feet above grade; and together with attendant
utflity and sanltary facilities, shall:
1. Be floodproofed so that stru~tures below one footabo~e base flpod le~el, as
specified abp~e, ar2 watertight with walls impermeable to the passage of water'~;
2. Ha~e structur2l Components capable of resisting hydrostatic and hydrodynamic
loads and effects of buayancy;
3. Be certlfied by an Oregon registered professional engineer or archltecY that the
design and methods of construction are in accordan~e with accepted standards af
practice for meeting provislons of this subsection based on their development
and/or review ofthe structural design, specifications, and plans. Such written
certifications shall be provided to the Floodplain Administrator or his/her designee
as set forth in 5ection 8.24.13D~L) of this chapter;
4. Nonresidential structures that are elevated and not floodproofed, must meet the
same standards for space below the lowest floor as described in Section
8.24.25o(E){2) and (3).
Refer to FEMA Technicaf Bulletln 3 for more detaifed information about nan-residential
flpodprooflng methods and guidance.
G. Manufactured Dwellings
In addition to Paragraphs A and B of this Section, new, replacement and substantially impro~ed
manufactured dwellings are subject to the folfowing standards:
1. Manufactured dwellings shall be ele~ated an a permanent foundation, such that the
lowest floor of the manufactured home is ele~ated a minimum of 18-inches above
the Base Flood Ele~ation
2. Manufactured dwellings supportec3 on solid foundation walls with enclosed areas
below the Base Flood Ele~ation are prohibited unless the foundafion walls are
designed to automatically equalize hydrostatic forces by allowing for the entry and
exit of floodwaters. Designs for meeting this requirement must be certified by a
registered professional engineer or architect, or meet or exceed the minimum
criteria seY forth in Se~tion 8.24.250(E)(2)(a} through (c},
3. The bottom of the longitudinal chassis frame beam in A zones shall be at least 12-
inches above the Base Flood Elevati0n.
4. The manufactured dwelling shall be anchored to pre~ent flotatlon, collapse and
lateral mo~ement during the base flood. Anchoring methods may Include, but are
not limiYed to, use of over-the-top or frame ties to ground anchors; and,
5. EleRrical crossover connections shall be 2 minimum of 12-inches above the 8ase
Flood Elevation.
Referto FEMA's Manufactured Home Installatian in Flood Hazard Areas guidebook for additional
information,
H. Recreat+anal Vehicles
° An applicant who floodproofs nonresidc,°ntial buildings will have t7ood insurance premiums ~vhich are
based on r~tes thxt dre vne foot t~elo~v the t~oodproofcd lcvcl {c.g., a building f~oodpra~fed tn the hase
flood le~ el ele~ arion wil] be rated as one fex>t belo~r~ the basc flood clcvation).
.~ 'f
In all areas of Special Flood Hazard, Recreational Vehicles that are an allowed use or structure
under the zoning ordinance must either:
1. Be plaCed on the site for fewer than 180 consecutive days;
2. Be fully licensed and ready for highway use; is on its wheels or jacking system; is
attached to the site only by quick disconnect type utilities and security devices, and
has no permanently attached additions; ar
2. Meet the requirements of Section 8.24.250{G), Manufactured Dwellings, and
including Yhe elevatfon and anchoring requirements. (Ord. 1767 §1(part), 1997).
I. Accessorv Structures
Relief from the elevatlon or dry flood-propfing standards may be granted for an accessory
structure containing no more than 200 square feet. Such a strucYure must meet the following
standards:
1. Be located and constructed to minimize flood d~mage;
2. Be designed so as to not impede flow of flood waters under base flood Conditions;
3. If [ocated in a regulatary Floodway, shall meet the provisions set forth in Section
8.24.200.
4. [t shall not be used for human habitation and may be used solely for parking of
vehicles or storage of items ha~ing low damage potentlal when submerged;
4. Toxic material, oi! or gasoline, or any priority perslstent pollutant ldentified by the
Oregon Department of Environmental Quality shall not be stored below BFE, or
where no BFE is a~ailable lower than three feet above grade, unless confined in a
tank installed in compliance with this ordlnance;
5. Be constructed of flood resistant materials;
7. Be firmly anchored to prevent flotation;
8. Have electrlcal ser~ice and/or mechanical equipment elevated or flood-proofed to
or above the base flood elevation, and;
9. Be designed to equalize hydrostatic flood forces on exterior walls by allowing for the
automatic entry and exit of floodwater. Designs for complying with this requirement
must be certified by a licensed professional engineer or architect or meet the
minimum design criteria set forth in Section 8.24.250(E)(2}{a) through (c}.
+- Fonnatted: Ind~t: Left: Q"
c...;:...... o ~n ~~nr~i _..,~ o ~n ~~n1~5 ....a +M., r..ii~...:.. I~:a..~.. .. ..i.
r- Fonnatted: Inda~t Left: 0", First line: 0",
Tab stops: 0.38", Left + N~ at 7..44"
i~
.:~r ~.i
Below-gracfe crawlspaces are allowed subject to the following standards as found in FEMA
Technical Bulletin 11, Crawlspace Consiruction for 8uildings Located in Specla! FlopdNazard
Areas. Residents should note that there ls an increased cost forflood insurance associated
with below-grade crawispaces. There is a charge acfded to the basic policy premfum for ~
below-grade crawlspace ~ersus a standard, at grade, crawlspace foundation.
1. The building must be designed and adequately anchored to resist flotation, collapse,
and lateral mavement of the structure resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy. Hydrosta6c loads and the effects of
buoyancy can usually be addressed through the required openings stated in
Sections 8.24.ZSD (E)(2). Because of hydrodynamic loads, crawfspace construction is
not allowed in areas with flood velocities greater than five (5) feet per second unless
the design is reviewed by a qualified design professional, such as a registered
arcf~itect or professional engineer. Other types of foundations are recommended
for these areas.
2. The craw]space is an enclosed area below the base fTaod elevation (BFE) and, as
such, must have openings that equalize hydrostatic pressures by allowing the
automatic entry and exit offloodwaters. The bottom of each flood vent opening
can be no more than one (1j foot above the lowest adjacent exterior grade.
3. Portlons pfYhe building belowthe BFE must be constructed wlth materials resistant
to flood damage. Thls Includes not only the foundation walls of the crawlspace used
to elevate the building, but also any joists, insulatlon, or other materials that extend
below the BFE. The recommended consYruction practic2ls to elevate Yhe bottom of
joists and all insuiation above BFE.
4. Any building utility systems within the crawlspace must be elevated above BFE or
designed so thatfloodwaters cannot enter or accumulate within the system
components during flaod conditions. Ductwork, in partlcular must either be placed
above the BFE or sealed from floodwaters,
S. The interior grade of a crawlspace below the BFE must not be more than two (Z}
feet below the fowest adjacent exterior grade.
6. The height of the below-grade crawlspace, measured from the inferior grade of the
crawlspace to the top of the crawlspace foundation wall must not exceed four (4}
feet at any point. The height limitation }s the maximum allowable unsupported wall
height according to the engineering anaiyses and building code requfrements for
flood hazard areas.
il (~
r:`o L~
FloorJolst ';-f~c~abc:e
-----~ BFE
• .<
~ S- Faundaiion Wall
L = 4 it Maximum--S~ ~. -Flood Vern
~_.- Loweat Adjacent
d= 2 it Maximumt ' Exterior Qrade (UiG)
-~ :--_
t'. ~`~~, .
Cr2v~AspaCB ,-^~~.
° •••' cr--_
interiar G rade
-
-
^~
-- -~.~~ ~,-".
.
.
~ _ . . .
. ~ ~~-'_ ~~
DIAGRAM 1.
7. There must be an adequate drainage sys#em that removes floodwaters from the
interior area of the crawlspace. The enclosed area should be drained within a
reasonable tlme after a flood e~ent. 7he type of drainage system will ~ary be~ause
of the site gradient and other drainage characteristics, such as soil types. Possible
options include natural drainage through poraus, well-drained soils and drainage
systems such as perforated pipes, drainage tlles or gravel ar crushed stone drainage
by gravity or mechani~al means.
8. The velocity of floadwaters at the site should not exceed five (5) feet per second for
any crawlspace. For ~eiocities in excess of fi~e (5) feet per second, other foundation
types shauld be used.
For more detailed information refer to FEMA Technical Bulletin 11-01.
$.24.260 Other ~e~elopment Standards
A. ces W I
Fencing within the floodplain occurs frequently and can significantly increase flood
ele~ation. This Is due to the fences collecting debris and effectively creating a dam. Limited
fencing will be allowed within the floodplain; pro~lded, thaY it does not create f[ow
restrictions and allow for the free flow of w8ter. 7he following provislons shall apply to all
fences permitted in the SFHA:
l. Fences are prohibited wlthin the stream setbaCk 2rea on lots platted after the
effective date of this ordinance. Fences may be permitted in the stream setback
area established pursuant to Section ll.66.09Q on lots platted priorto the effective
date of this ordinance provided that requirements provided below are satisfied:
:i ~
~ ~
a. Fences in the regulatory Floodway are prohibited;
b. Fences are setback a minimum of 5-feet from the top-of-bank;
c. Gates that are '~nstalled between propeRies that border a creek shall beof a
width no less than twelve feet.
d. Fencing must be built in removable sections;
I eE. Fencing that consists of solid walls, creates a barrier impervlous to stream
flow or fenc'~ng that greatly restricts the flow o# water hs prohiblted.
I ~4f. Gates installed between propertfes that horder a creek shall have a
minimum wldth of 12-feet.
I ge. Such fences, if significantiy damaged or destroyed by a flood shall require e
floodplain development permit pursuant to Section 8.24.130 to ensure that
remnstructlon methods are consistent with the need to minimize future
flood damages.
I 2~. Fences are a form of de~elopment and require a floodplain development permit
pursuant to Section 8.24.040. E~aluation of floodplain development permit
applications for proposed fences will be based on the following crlteria:
~.II.,~.....I TI...~.. ~....1~~.7...., ,..II~ ...t..i..i.........ll~ ..L.~7.. 1~..4f...........
~. G....I....... ia~:.l.. +1... ~I.....J...-... L...+...I+L.1.. 4L... ....~I..I 41.....7 1...~....! .. ..:11
4~e ,-a~+.~..+e.1 t..+L... I..-..t fl..~.. ..,~t.-~..F~..~ i....e~ .,f,...e.. Fe,.~~...: tl~~t ~II.,.,.~
+h.. .. ~ «~.... ..4 ...~+...
ea. Barbed wire fenc~ng or other like material, which creates an unreasonable
or unnecessary risk of injury are prohibited,
b. Fences shall not be allowed wlthln the special stream sethack setforth in
Section 8.24.~3Q and Section 17.60.090 unless the requirements provided in
Chapter8.24.260fA1(11 are satisified.
c. Fencin~ shall be limited ta thetvpes thatdo not ~reat9v restrictthe nassa~e
of water or cause the accumulatian of debris, as provided in the table
beaow.
Fence or Floodwav Frirt~e Re~ulatorv Floodwav ShaAow!5heetflow/Pordin~ *
Wall
TVp~ Zones
A No Na 'v'c~
6 Yes fV^ Yes
C Desi~n re~iew requlred'
Q Yes, if open at hase to N^ Yes, lf open at base to SFE
Farmatte4 Tabie ~
~~ ~~
w U
6FE
E Yes, if open at ba~se to No Yes, if aqen at bas e to BFE
BFE
F Yes, lf adequate No Yes, if adeauate op enin~s at
openin~s at base to BFE base to BFE
G Yes, if adequate No ~s, lf adequate op enin~s at
openinRS at base to BFE base to BFE
H Yes, if adequate NQ Yes, if adequate ap enin~s at
OpQnEn~s at base to 6FE base to BFE
' Ensure fence wfll collap5e under anticipated bas~flood conditions_ Debris impacts must be cansidered
Fence/Wall Tvqes:
A Open bar6 or ba rbless wire. Open means no more than one horizontal strand uer foot of hei¢ht
B 0 en i e ar rail fen in , corrals . O n mean il ss than 70% of the fence area a
os ced no doser than S-feet a art.
C Collapsiblefencine.
D Other wlre i e ar rail fencin e. _ fl t enCe chicken wire etc. which 2et o n
reau~ rem ents a bove;,
E Chaln linkfencing
F Cantfnuouswoodfencir~
G Masonrvwalls
H Retainina walls, bulkheads
43_ The city may, at any t€me, for any reason, require removal of any fence pla~ed in the
stream setback area, N.rith no compensation to the ownerfor the value of the fence,
If remo~al is not accomplished by the owner within thirty days after city's written
request thereof, city may affect remo~al and disposal, and assess the property for
the costs thereof in the same manner as set forth in Section 8.08.030 of this code.
~4. If existing circumstances make it reasonably necessary for ~ity to remove a fence in
the stream setback area without giving the property owner advance notice and an
opportunity to remove the fence, city may 2ffect remo~al and disposal, and asseSs
the property forthe costs thereof in the same manner as set forth ln Sectian
8.08.036 of Yhis code, the same as i{the property owner had failed to remo~e the
fence after due notice.
~5. The city shall not, under any circumstances, be responsible for any damage resulting
from city's removal of any fence placed in the stream setback area, whether such
damage is to a fence, landscaping, underground sprinklers, any building or structure,
ioss of a peY, damage caused by a loose pet, or any other damage whatsoever,
including personal Injury. (Ord. Z846 §2(part), 2003).
B. Ta n ks
New and replacement tanks in flood hazard areas shall be either ele~ated above the
Base Flood Elevation on a supporting strudure designed to prevent flotation,
~ ~! ~'
~:v ~'
collapse or latera! mo~ement during ~onditions of the base flood, or be anchored to
prevent flotation, collapse or lateral mo~ement resulting from hydrostatic loads,
including the effects of buoyancy assuming the tank is empty, during ~onditions of
Yhe base flood. Designs for meeting the requirements abo~e shall be certified by a
registered professional engineer. The certification shall be malntained on file with
the floodplain development permit as provided in 5edion 8.24.130(M).
New and replac-~menttank inlets, fill openings, outlets and ~ents shall be placed a
minimum of 2 feet abo~e the Base Flood Ele~ation or fltted with covers designed to
pre~ent the inflow of floodwater or outflow of the contents of the tank during
conditions of the base flood.
8.24.270 Varfance
A, An appllcatfon for a variance must be submitted to the City of Central Point Floodplain
Administrator on the fonn provided by the City and include at a minimum the same
information required for a development permit and an explanation for the basis forthe
variance request.
B. TFie burden to showthat the ~arianCe is warranted and meets the Criteria set out herein is
on the appllcant.
C. Upon consideration of the criterla in Section 8.24.280 (Criteria for Variances} and the
purpoSe Ofthis ordinance, the City Council may attach such conditions to granting of
variances as it deems necessary to further the purposes of this ordinance.
D, The Floodplain Administrator shall malntain a permanent record of all varianCes and report
any variances to the Federal Emergency Management Agency upon request.
8.24.280 Criteria for Varlances
A. Varian~es shall not be issued within a designated floodw8y if any increase in flood levels
duringthe baseflood discharge would resuft.
6. Generally, the only condition under which a ~ariance from the ele~ation standard may be
issued is for new construction and substantial impro~ements to be erected on a lot of one-
half acre ar less in size contiguous to and surrounded by lots with existing structures
constructed belowthe base flood level, pro~iding items (a-j) in Section 8.2A.280(I) have
been fully considered. As the lot size increases the technical justlfication required for
issufng the ~ariance intreases.
C. Variances shall only be issued upon a determination that the variance is tF~e minimum
necessary, considering the flood hazard, to afford relief.
D. Variances shalf only be issued upon a:
1. Shawing of good and sufficlent cauSe;
2. Determination that failure to grant the ~ariance would result In exceptional hardship
to the appEicant, and;
3- Determination that the granting of a variance will not re5ult in increased flood
helghts, additional threats to public safety, extraordinary pubfic expense, create
~~ . ~.
u ~'
nuisances, cause fraud on or victimization of the public as identified in Section 4.1-
4(4}, or conflid with existing locaE laws or ordinances.
E. Variances may be issued {or a water dependent use provided that the
1. Criteria Section 8.24.274{A) through (D) are met, and;
2. The structure or other development is protected by methods that minimize flood
damages during the base flood and create no additional threats to public safety.
F. Variances may be issued for the reconsYructian, rehabilitation, or restoratlon of structures
listed on the National Register of Historic Places or the Statewide In~entory of HistoriC
Properties, without regard to the procedures set forth in this section.
G. Variances as interpreted in the National Flood Insurance Program are based on the general
zaning law principle that they pertain to a physlcal piece or property; they are not personal
in nature and do not pertain to the structure, its inhabltants, economic or financial
circumstances. They primarily address small lots in densely populated residential
neighborhoods, As such, ~ariances from the flood ele~ations should be quite rare.
H. V~riances may be issued for nonresidential buildings in very Iimited circumstances to allow a
lesser degree of floodproofing than watertight or dry-f~oodprooflng, where it can be
determined that such action will have tow damage potential, complies with all oYher
varian~e criteria and otherwise complies with building codes.
I. In passing upon such applications, the City Council shall consider all technlcal e~:~81u2tions, all
rele~ant factors, standards speCified in other sections of this ordinance, and the:
1. Dangerthat materials may be Swept onto other lands to the In]ury of atherS;
2. Danger to life and property due to flooding or erosion damage;
3. Susceptibil~ty o#the praposed facility and its contents to flood damage and the
effe~t of such damage on the indlvidual owner;
4. Importance of the senrlces pro~ided by the proposed facilityto Yhe cornmunity;
5. Necessity to the facility of a waterfront location, where applicable;
6. Availability of alteniative locationsforthe proposed use which 8re notsubjectto
flooding or erosion damage;
7. Compatibility of the proposed use with existing and anticipated development;
8. The relationship of the proposed use to the comprehenSive pfan and flood plain
management program for that drea;
9. Safety of access to the property in times of flood forordinary and emergency
vehicles;
10. Expected helghts, velocity, duration, rate of rise, and sediment transport of the
flood w2tersand the effects of wave action, if applicable, expected at ihe site; and,
11. Costs of providing governmental servlces during and after flpod conditions,
inciuding malntenance and repair of public utilities and facilitfes such as sewer, gas,
electrical, and water systems, and streets and bridges.
~t w
V 1.
8.24.290 Variance Decision
The decision to either grant or deny a ~ariance shall be in writing and shaEl set forth the reasons for such
appraval and denial. If the variance is granted, the property owner shall be put on notice along with the
written decision that the permitted building will ha~e its lowest floor below #he base flood elevation and
that the cost of flood Insurance Ilkely will be commensurate wit}~ the increased flood damage risk,
8.24.300 Appeals
The City Council shall hear and decide appeals from the interpretations of the Administrator.
A. An appeal must be filed with the City clerk within 30 days of the date of any permit denial or
interpretation of the Administrator. Failure to timely file an appeai shall be considered a
failure to exhaust the administrative remedies. The appeal must set out the interpretation
or decision of the Floodplain Administrator and a narrative setting forth the facts relied
upon by the appe~lant and the appellants ciafm regarding the error in the interpretation or
decision.
B, Upon receipt of a Completed appeal, the appeal will be Scheduled forthe next available Gty
Council meeting to be heard. The City Council shall conslder crlteri2 set forth in Sec~ion
8,24.280 of Yhis Chapter as the basis for evaluating the appeal.
8.Z4.3~0 Decision
The City Council's decision on an appeal shall be in writing ~nd set out the facts, technical information
and the legal basis for the decision.
8.24.320 Penalties far Violation
No struccure or land shall hereafter be constructed, located, extended, converted, or aftered wiEhout fufl
complfance with the terms of this ~hapter and other applicable regulations. Uolations of the provisions
of this ordinance by failure to comply with any of its requlrements (including~iolations of conditions and
safeguards established in connection with conditions) shall constitute a misdemeanor. Ea~h and every
day during any portion of which any violation this Chapter is committed, continued or permltted by any
person constitutes a separate violation. Any person who vfolates this chapter or fails ta comply with any
of its requirements shall upan eonviction thereof be fined nat more than $250 per day or imprisoned for
not more than 5 days, or both, for each ~ialation and in addition shall pay all costs and expenses
invol~ed ln the case. Each day that passes constitutes a separate offense. Nothing contained in this
chapter shall prevent city from taking such other lawful adion as is necessaryto pre~ent or remedyany
~iolation. (Ord. 1767 §1(part), 1997}.
~ti~
!.Y w
$.24.340 SeverBbility
7he ord'mance is hereby declared to be severable. Should any portion of this ordinance be declared
invalid by a court of competentjurisdiction, the remaining provisions shall cantinue in full force and
effect and shall be read to carry out the purpose(s) of the ordinance before the declaration of partial
invalidity.
8.24.350 Abrogation and Greater Restrictians
Thks chapter is not intended ta repeal, abrogate, or impair any existing easements, co~enants or deed
restrictions. However, where this chapter and another ordinance, state building code, easement,
co~enant or deed restriction conflict or overiap, whichever imposes the more stringent restrictions shall
prevail. (Ord. 1767 §1(part), 1997).
n ia
!.!' ~
ATTACHMEIVT " ~ ~:
Chapter 17.57
FE~1~ES
sections:
17.57.010 Chapter application.
l 7.57.020 Ge~~eral regulations.
17.57.030 Fences in the stream setback area.
17.57.040 Pzohibited fence types.
17.57.050 Violation--Penalty.
I7.57.010 Chapter application.
This chapter will apply to aXl zone classifications within the city as listed in this title. All of the
provisions of Chapter 12.20 and Chapter 17.67 relating to the location, placement, and height of
£ezices are also applicable t~ fences affected by this chapter. {Ord. 184G ~2(part), 200~).
17.57.420 ~eneral regulatians.
A. Fence Permits. A fence permit is required for all fences constructed within a public right-of-
way, per Section 12.20.020. Fences in the floadplain are regulated in accordance with the
I provisions established in Section 8.24.~260(A~) of the municipal code.
B, Buildin~; Permits. A building permit for the following struct~zres sl~all be accompat~ied by a
permit fee and a plan review fee in an aniouxzt based on valuatzon per the buildxng department fee
scl~edule as adopted by the city:
1. Barriers around swimming pools, as required by the 2~03 State of Ore~on Dwellu~g
Specialty Code, Chapter 41 and Appendix G; and the 1998 Oregon Structural Specialty
Code, Appendix Chapter 4;
2. Fences over six feet tall;
3. Masonry wa11s;
4. Retaining walls over fotu• feet in ~~ex~~t measured fram the bottorn of the footing to the top
of tl~e wall; and
5. Retainin~ walls, any height, supporting a surcharge.
C. Setbacks and Design Criteria.
Fence Regulations
R-L R-1 R-2 R-3 C-N C-2(M) C-4 C-5 M-1 M-2
Fence Pennit a, a, a, a, a, a, a, a, a, a,
Required a-1 a-1 a-1 a-1 a-1 a-1 a-1 a-1 a-1 a-1
Frant Yard ZO' 20' 24' 20' 20' 24' 20' 20' 20' 20'
Setback For 6° b b b b b b b b b b
.-, ,
~ ~~
Fence
Side Y ard 5' S' S' S' S' S' S' S' S' S'
Setback
Rear Yard a~ p~ 0' 0' 0' 4' 0' 0' 0' 0'
Setback
10' 10' 10' 10' 10' 10' 10' 10' 1 U' 10'
Corner Lat
c c c c c c c c c c
Masonry Walls,
Retaining Walls,
Fences Qver 6' e e e e e e e e e e
in Height
Chain Link
Fencing, Space-
Board-Type ~ e e e e e e e e e
Fencing, etc.
Setbacks for 20, 2d~ ZO' 20' 20' 20' 20' 20' 20' 20'
Gates
Variances f f f f f f f f f f
a: A fence pernlit is x-equired if fence is to be constructed in public right-of-way.
a-1: A building per~nit is required for fencing araun.d swimming poals, fences ozrer six
feet in lieight, masonry walls and retai~iing walls.
*b: Forty-two-inch-high maximum fences allowed within frant setback area.
*c: No fencing will conflict vvitll tlle sight distance requirelnents set by the public works
departrnent.
*d: Fence height will be tneasured from the finished grade oYi the side nearest the st~•eet.
e: Requests far variances shall be made by application on such form as desi~nated by the
city administrator and will be reviewed in accordance witl~ Chapter 17.05.
(Ord. I 846 §2(part}, 2003).
17.57.030 Fences ia the stream setback area.
~Fences are prohibited inside n~'^aa=~~°~ ~^flaodways designated an the Federal Insurance
Rate Maps {~'IRMs} for the city of Central Point. _However, some types of fences and other
impravements can be allowed within the recamrnended buildin~ satbacks for properties abutt~ng
a strearn ' subject to the criteria set farth in Section
8.24.260(A} of the Central Paint Municipal Code.:
n r-~
tJ+ 1..?'
t.=,o~-..-~~-
. ,
,
~ .
.
.,+1, .,4r ..
~
v
~ _*h
a „~, . ,
,~e ,:11 .~c 1..
,, ,.11„ ,.a
uci~ 1VJlJ1\+
b
I.
' 9 9 ~
7
- 7
a
' ~
' , f
~ ~ ~
7 ) ~
~ ~ (~$~!'~},
~n~
17.57.040 Prohibited feoce types.
A. Barbed wxre fencing or other like material, w~ich creates a~a unreasanable or unnecessary risk
of ifijury.
~~
~
B. Black or retaining wa11s, which create impervious water barriers within a stream setback area
as provided in Section &.24.260. (Ord. 1846 §2{part}, 2003).
17.57.054 Violation-Peaalty.
Any person violating any provision af this chapter will, upon cont~iction thereof, be subject to
the general penalty. Upon discoveri7ig any viotation of the restrictions imposed by t~is c~apter,
except a violation of Section 12.20.02Q, it will be the duty of the city adminis~-ator, or his
designee, to give written notice of the violation to the persan in passession an.d control of the
premises on which the offending fence exists or is being co~istructed, with a demand that the
sarne be forthwith ~iiade to conform to this chapter. Upon receipt of such ~iotice, the person
responsib~e for the st~-ucture will be deemed to be guilty of a separate offense for each day duri~ig
whicla the fence is thereafter permittetl to exist in violation far the restrictions af this chapter.
(Ord. 1846 S2{part), 2003).
~r
e~ t
A~"T.~CH1i~EN~' ",. G "
FINDINGS OF FACT
AND CONCLUSIONS QF LAW
File No.: 11013
Befqre the City of Central Point Planning Commission
Considerati4n of Amendments to Central Point Municipal Code Chapter 8.24 - Flood Dan~age
Prevention and Chapter ].7.57 - Fences
Applicant: City of Cez~tral Point
14U S. Third Street
Central Point, OR 97502
Pindings of Fact
and
Conclusion af Law
PART 1
INTRODUCTION
In Navember 3, 2010 the Federal Emergency Management Agency {FEMA) informed a11 cities witl~in
dacksan County that the updated Flood Insuranee Rate Maps {FIRM) will became effective on May 3,
2011. In arder to ensure continued compliance with the National Fload Insurance Prograrn (NFIP),
FEMA has directed the City ta enact code amendrnents that adopt the current e~fective FIS report and
FIRM, and rneet or exceed the minimum NFIP regulatary requirements set forth in 44 CFR Part 60.
~ailure to cornpiete adoption of the FIRM and code amendments by May 3, 2011 will resuit in th.e
community's suspension from the National Flood Insurance Prograrn (NFIP) until such date as the new
FIRM and associated code ame~idments are adopted by the City.
At this rime it is the City's abjective to:
1) Adopt, by reference, the new FIRM and Flood Insurance Study pxepared by FEMA;
2) Incorparate organ~zational and language revisions provided in the State Mfldel Fload Damage
Prevention Code to enhance coordination between Flaod and Building Code administration;
3) Include aIl floodplain development re~lations in o7ie centralized location; and
4} Yntroduce construction design stanc~ards not included in the State Model Code far accessory
structures, fences, and for drainage pY•ovisions. An optional provisioxi to allow below-grade
c~-awlspace co~istruction is also provided since this is a commoi~ constrtzeiton praetiee in this
region.
The above objec~ives require both a map and text ~nendments to Section 8.24, Flood Dalnage Prevention
(Attachment "A"} and a text amendment to Section l 7.57, ~'enees (Attachrnent "B") of the Central Point
Mtinicipal Code (CPMC). The proposed map and text amendments are classifieei as a legislative action
subject to the procedural requirements set forth in CPMC Section 17.05.200, Legislative Amendments.
n r~
t3~ Cf
Page X of 10 Findings & Conclusions af Law File No.: 11013
Including this introduction these findings will be presented in six {6} parts addressing the requirements of
Sectian 17.a5.200 as follows:
l. ~ntroduction
2. Gity of Central Point Zoning ~rdinance
3. Stateu~ide Planning Goals
4. State Transportatio~l Planning Rule
5. City of Central Point Comprehensive p~an
6. Summazy Canclusion
PART 2
CITY OF CENTRAL POINT ZONING ORDINANCE
17.10.100 Amendments-Purpose.
Thepurpose of this chaptet~ is to provide standat~ds andpt-ocedr,cres,for legislc~tive antl quasi judicial
unaencl»zents tt~ this Code afad tlze Gent~~ul Point city zonrng jnap (aani~ag naup). ?~zese will. be ~°eferred to
as "»aap arzd text amend~rtents, ° Amendrnents nzczy be necessaty fYOn2 time to tim.e to reflecr. cha~~.gin.g
comnl.tsnitJ~ corrditio~s, needs a~ul de.srres, ta cos~rect f~tistalce~~, oi° to addr•ess c12anJes fn the law, (OYd,
1$79 ¢'3(par•t), 2006).
Finding: The proposed amendments represent text changes to the Code as specifieti in Section 17.14.104.
The proposed arnezadments affect Section $.24, Flood Datnage Preventiorz and Section 17.57, ~'ences, both
of which are part of the City af Central Point Municipal Code, defined and cornmanly refen~ed to as the
Codel. The proposed alnendments to Section 8.24 do adopt, by reference, the Flood Tnsurance Rate Maps
(FIRMS) as well as the Digital Flood Insurance Rate Map~ (DFIRM). However, Section 8.24 is not part
of the City's zoning ordinance (Chapter 17) and consequen.tly does not affect the zoning map.
As a map and text amendment the proposed changes in Attachments "A" and "B" axe classified as
legislative actions subject to Section 17.10.200, Legislative Anienclments.
1'7,10.200 Legislative Amendnients.
,Legislative c~rnendjazents ut~e polie~~ decisiofzs rrtade by eity councr'l.. ThE-y are ~evietved zcsirag the Type IT'
pf•ocedure in. Seetio~a 17, OS. 5(10 afad shall confornz to tlte statetit~ide planning goals, t~ae Central Poi.nt
comprehensive plan, t.he Centr•al Point zoning o~°~lina~t.ce and the ~r°a~rspos•tation platziaing ~-trle provisiorrs
in Sectiosz I7.10.600, as a~plicable.
Finding: The ~roposed amendments are considered legislatirre amendme~its subject to final approval by
the city council. Legislative arnendnients are classified as a Type IV procedure antl subject to tk~e
procedural reqt~irements set ~orth in Sectian 17.05.500, Type IV Procedure (legislative}. The procedural
requirernents set farth u~ Section 17.05.500 are been met as evidenced in the file and these findings.
It is further found that the proposed arnendments do not affect the zoning map, and that adoption by
reference of the FIRM does nat alter, o~~ otherwise modify the zoning map.
' cPn~c 1.oa.oio{2~ n ~'
~_
Page Z of 10 Findings & Conclusions af Law File Na.: 11413
Conclusion: The proposeci amendments are classified as a tegislative action and have been prepared and
process~ in conipliauce with the provisions of Section 17.05.540.
PART 3
STATEWIDE PLANNING GOALS
In Section 17.OS.SUO(G){1) one of the decision-making criteY~ia for le~isla~ive actions is a determinataon of
consistency u~ith the statewide planning goals. In this Part 2 those statewide plaru~ing goals t~iat are
applicable to the proposed amendments ~vill be addressed.
GDAL l. CITIZENINVOLIjEMEN?'- 7'a develo~ a citizen involvernent progras~a tlaat insures the
oppo~lut~ity foi- citizens to be involvec~ in all phases af the plaranir~g pr•ocess.
Find'u1g, Goa11: The proposed amendrnents d~ nat enhance, or de~ract, from citizen participation in tlie
City's planning process. The review of the praposed arnendrnents has been completec~ in coYnpliance with
the provisions af Section 17.05.500. At tl~e time of its adflption Sectian I 7.05.500 was detertnined by the
Department of Land Gonservation an.d Development (-DLCD} to be compliant witl~ the sta~ewide planning
gaal addressing citizen participation.
Conclusion, Goal 1: Consistent.
G4AL Z. I~4ND IISE 1'LANN~NG -?'o establis~h a land ~~e planning pr~ocess and poliey, frr~rne~vork a,r a
basis}'or all decisiofz anc~ actroris ~•el.atetl to use af land a~zd to assrcre a.~z adeq~tcrte fuctuc~l base, for szrch
decrsions and crctions.
Find.ing Gaa] z: The City of Central Point has a comprehensive land use plan ackno~leclged by the state.
The proposed amendments are in accordance with CPMC Section 17.1 U.200 and do not modify or
otl~erwise affect the City's planning process as set forth in Lhe Comprehensive Plan. The proposed text
amer~dments serve to ensure continued compliance with the Nafiional Fload Tnsurance Pragranl; ado~t the
newly revised State Model Flood Dannage Prevention Code language; and include all floodplain
management regulations in one eentralized locatian.
Conclusion Goa12; Consistent.
GOAL 3. <4 GRICULTURAL LANDS - To ps•eser~ve a.rad fztaztatai~t. agt•icultut•al lands.
Finding Goa13: T`~ie proposed amendments da not involve, or otherwise affect lands designated for
agricultural use.
Conclusion Goa13: Not applicable.
GOAL 4 FOREST LANDS - To coj~isefve forest lunds by naain.taining the foj°est land base and to pt~olect
ihe state's,forest econanzy by rraaking possrble ecorzonaicallv ef'ficiefzt forest pra.ctices th.at assuf°e the
contin.uous growin.g and llan~esting of fot~est tree species as t.he leadir~g arse on,fot•esi lasul. cortsrstent witla
~. ~
Page 3 of 10 Findings & Conclusions of Law File No.: 11013
sound rnanagernent of'soil, air~, wr~ter~, a~zd,fis~i arul ~-vildlife resour-ces ar~d t.o p~•ovide foz' j'ect~ecttional
op~ortun.ities und a.gf•icultzsre.
Finding, Goa14: The proposed amendments do not involve, or otherwise affect lands designatec~ for
forest use.
Couclusion, Goa14: Not applicable.
GDAL S. OPENSPAC~, S+~E1VI~~4ND HISTORICf1REAS, ANb 1Y,4TLI.R~4L.RESOURCES- To
protect r~utu~°t~l resources and co~tse~~e scenic axad IiistaYic ut~~as and open spaces.
Finding Gaal S; The proposed amendments apply to lands located within the Special Flood Hazard
Areas (SFHA) mapped on the Federal Eznergency Management Agency (FEMA} Flood Insurance Rate
Map (FIRM}. Floodplains provide a variety of nat~iral and beneficial funetions ta socieiy, including
increased flood storage capacity and water quality be7iefits through wetland cr•eation and pollutant
f ltering, rejuvenat~on of spawnin~ ~~ra.vel, aquadc habitat promotion., vegetatian establishment, fish
habitat, and stream bank stability.` Modifications to the natural floadplain processes and encxoachment of
stream riparian areas by development has been observed to increase flaod darnages, as well as inerease
the lass of ecological funetion, potential darnages to downstream properties, cultural, econoinic and
en~~ironmental impacts. The proposed code amendments inelude 1} a goal to inanage the altei-ation of
flood hazard areas, streani channets and shorelines to minunize the impacts of deveiopment on natural and
beneficial funcrions; 2) include provisions to allow stream restorati~n projects in tl~e regulatory floodway
and watercourse alterations provided all environmental and conveyance capacity issues are adequately
ac1d~-essed; mitigate future flood losses a7id open space for natural and beneficial riparian and floodplain
functio~s through established streaz~n setbacks; and encourage surface water runoff treatment usiYig on-
site, low impact deve]aprnent p~•actices.
Finding Goa15: The praposed amen~ments include a new definition ta address historic structures to
support regulatoiy language that allows variances for historic structures, as well as exelusian of historic
structures fram the substantial irnprovement and damage calculations that could otlierwise result in tl7e
alteration of said structures.
Conclusion Goa15: Cansistent.
GOAL bAIR, 1~YATER, AND LAND RESOURCES QUALITY- To naai:ntain ar:d impy°ove tlxe q~cc~lit~~ ~f
tlte aif°, tivater and land r•esotc~~ces of th.e state.
Finding Goat 6: The prop~sed arnendrnents are designed to address flooding atid fload related damage
ta pzoperty, and in so doing will iniprove the quality and use ofboth water and land resouxces within the
City.
Conclusion Goa16: Consistent.
z Asaociation of State Floodplain NIanagers (ASFPM}. (2008). Natural and Beneficial Flaod lain Functions: Flood lain
Mana~ement - More than Flood Loss Reduction. VVt: ASFPTq Board.
~
~~
Page 4 of 10 Findings & Conclusions af Law File No.: 11013
GOA.L 7. AREAS SUBJECT TO NATLI~.4L HAZARDS A1YD DISASTERS - To p~otect ~eople and
prop~rty,~~ona rzaturall:~zat~ds.
Finding Goa~ 7: The proposed az~iendments are in response ta publicatian af a new Flood Insurance R.ate
Map {PIRM} that re-evaluates flood hazards in Jackson County and Central Paint, and are specifically
designed to protect peop~e a~id property from flooding; a natural hazard.
The proposed amez~dments were prepared based an the State M~del Flood Damage Prevention Code,
which facilitates greater caordination between floodplain and building code administration, ~'urtl~ennore,
the proposed cade ainen.dments incorporate the general and specific caristruction standards previously
approved by the State DLCD and FEMA.
Conclusion Goa17: Consistent.
G~AL 8, RECREATION ~r~'EDS - Ta satisf,y the rect°eation~l rzeeds of ~he crtrze~ts o f~tlte state and
visitofs atad, wlzer~e uppt•opricate, to provide.for the siting of r~ecessar}~ recreatior~al,facilities including
destirzation resof•ts.
Finding Goa18: The recreational nceds of the citizens of Central Point are addresseci in the Gity's
cornprehensive plan and Parks and Recreation Plan. The praposed amendments do not reduce tl~e
available area desi~ated far parks and recreatian purposes. Recreat.ion facilities proposecl in a Special
Fload Hazard Area will be subject to the flood darnage prevention requirements established in the
proposed amend7nents ta keep new facilities and surrounding uses safe from fload damages. Provided
these rneasures are satisfied, recreatian facilities and parks are typically considered a beneficial use of
floodplain areas and are encouraged.
Conclusion Goa18: Consistent.
GDAL 9. ECONOMY OF THE STATE - To pi~vvr'de adeqtsate opportunr.ties througho~ct the state. for a
variety of~econonzic acti~~ities vrtal to the healt.h, welfat-e, nnd pr•osperity of Of°egor~'s citiLens.
Finding Goa19: The proposed ame~~dments do not a~ter the City's provisiort of adequate economic
opportunities but da require development activities loca~ed in the floodplain to minimize costly tlood
darnages on any proposed structures, surrouY~ding properties and the public health, safety and general
welfare.
Conclusion Goa14: Cansistent.
GOAL 10. HOUSING - To p~-ovide for the housirag n.eeds of'citizens of'tlze stat.e
Finding Goal 10: 'i'he praposed amendments do not alter the provision for housing withiri Central Point;
however, housi~7g located within the floodplain wi11 be subject to standards that will minimize o~~ prevent
costly flood damages to the structure, su7~ounding properties and the public liealth, safety and general
welfare.
Conclusion Goal !0: Consistent.
ry
..
^~
Page 5 of 10 Findings & Conclusions of Law File N~.: 11013
G~AL ~1. PUBLIC F'ACILITIESAIITD SERi~;~CES - To~Za~a c~ncl develop a timely, of~derly c~nd ef~cient
ut•rangement of pz~btic fueilities and services to set-ve r~s a frameu~ark far~ urban ancl ruf-al deueloprnent.
Finding Goal 11: The propased amendrnents do not imrolve, or otherwise affect the City's proviszan of
tirr~ely, orderly and efficient public facilities and services. The proposed text arnendment does not cause
an inc.~rease in the dernand for public facilities and services not al~-eady available within t~e City.
T`~le proposeci ainendments have the patential to cornpliment the City's provision of tuilely, orderly and
efficient ~ublic facilities and services by requiring new critical public facilities and services to be located
outside the Special Flood Hazard Area t~nless no other feasible alternative exists. In such instarices the
proposed text amendment requires protectio~i of the faeility and access roads to tl~e S00-year t]ood level to
ensure tiniely, orderly arid efficieYrt arrangement of public facilities and services i~ the City. The
proposed text amendments do not cause an incxea.se ui the dernand for public facilities and services not
already available vvithin the City.
Conclusion Goal 11: Consistent.
G4AL ~2. TRA~rSPORT<~ TION - To p~ovide and encaisrage a sc~ f'e, convertient and economic
trar~sportcrtion system.
Finding Goal 12: The propased amencl~nents are consistent with the City's Transportation System Plan
(see Part 4, Transportation ~'Ianning Rule).
Conclusion Goal 12: Consistent {see Part 4, Transpo7-tation Planning Rule).
GOAL 13 ENERGY - To consetve energy_
Finding Goal 13: T}~e proposed amendments do not involve, or other~vise affect development standards
ar regulations that address the canservation of energy.
Conclusion Gaal 13: Cansistent.
GOAL 14. URBANIZATION- 2'o pf°o~~ide,fot~ an ot•det~ly und efficient ts•artsition f~°oni ~~c~•al to irt-ban. lu~ad
use, to accornrtaodate ar.r•bcr~t. popT~latiofa afad rer•ban. employmerat inside ur~basa growth. bount~aries, to ensttre
efficient use of land, and to provide,f'or livable comnau.~aities.
Finding Goal 14: The proposed amendxnents will af~ect lands and proposed development activities in the
floodplain areas within Central Point. Any urban de~~eloprnent proposed must comply with the standards
to mitzimize flood daniages in the community.
Conclusion Gva~ 14; Consistent.
GDAL I5. WILLAMETTE GREENWAY - To protect, conses~~e, enlaas2ce and naaintairz the szaturul,
scenic, histar~ical, a.gricultuf°al, economie and ~~ec~~eatr.'onizl qacalities of ~lc~n~s c~loyag the IVillarrtette River
as the Willanaette Rivet~ Green~-vay.
~
~~
Page 6 of 10 Findings & Conclusions of L.aw k'ile No.: 11013
Finding Goa115: The proposed amendments do ~iot invalve, or otherwise affect the Willarnette River or
Willamette River Greenway.
Conclusion Goal 15: Not applicable.
GOAL ~6. ESTUARINE RESOURCES - To recogriize and protect. tlze tcr~.i.qtce environmet~tal, economi.c,
and social vulues of each estuuty a~ad nssociat.ed ivetlands; a~rd to protect, mairatai.n, where app~•opt~ra.te
devE~lop, and ~vlaet•e appr•opt•iate restore t~te long-tes~na er~vir°or2»aental, economic, and sociul values,
r~ive~°sity ar~d berae~ts of Oj-egan's estuc~ries.
Funding Gaal 16: The proposed amenc~rnents do not involve, or otherwise affect estuaries and associated
wetlands.
Conclusion Goal 16; Nat applicable.
GOAL X 7. CO<qST~4L ,SHORELAIVDS - To conserve, pt•otect, wl~ere appropt•iate, de~~elop anc~ where
appt~op~•iate restot•e tlte ~esout-ces crnd bencfits of all eoustal shot-elands, ~°ecogni~ing tlaeir valace for
protection and rnaintenance. of watet• qx~alit~~,.~sh trnc~ tit~ildlife habitcrt, watet--dependent u,ses, ecor~.omic
resaicrces and recy-eation and aesthetics. The ~nanagenien.t of thes~ shoreland areas shall be coml~atible
i•vitla tlte ch.a~-acteristics of'tlze adjace3at cocrstal watefs; and To reduce the ltazc~rd to latcmari life and
~}ro~ert;v, arac~ the adverse effects upara water quality uful.fish and wrldlrfe laabitat, resultr.'ng,f'r°oni tl~e use
a~u~ enjoyment of~Oregon'~~ coastal slaof•elc~nds.
Finding Goal 17: The proposed aniendme7rts do not involve, or otlierwise affect coastal shorelands.
Conclusio~ Goal 17: Not applicable.
GOAL I8. BEACHESA11rD DCrNES - To canser°ve, protect, ia~Fiere appf•opriate develop, and wltet•e
appr•opr~iate restoj°e the resout•ces artd be~iefrts of coastal beach artc~ dune ar•eas; and to redacce tlac
hazard to ~risrnari. lif'e arid proper-ty fro~ra rZUtuf^al ot~ j~zan-indtrced actiorts associuted witla these areas.
Finding Goal l$: The proposed arne~idrnen~s do not involve, or okherwise affect coastal beach or dune
areas.
Conclusion Goal 18: Not applicable.
GOAL 19. OCEANRESO~TRCES- To conserve mcrr~in.e r~es~azcYCes and ecological fincr.ions,jo~° the
pufpo.se ofprovidi.ng long-tef~m ecological, econornic, and social ~~alue and 1~enefits to_fi~tur~egeraeratioris.
~`inding Gaal 19: The City of Gentral Paint is not adjacent ta, or near tlie oeean. The proposeci text
amendments do not iz~vohle, or atherwise affect marine resources and marine ecological functions.
Canclusian Goa119: Not applicable.
~ .~
Page ~ of 10 Findin~s & Conclusians of Law File No.: 1 I 013
PART 4
CITY OF CENTRAL POINT COMPREHENSIVE PLAN
77.05. S00 (G)(2}{m) 77ae reqtiest is consistertt ~vith the ~'entra.l Poznt cojnpr•ehensive plan,-
Finding: The proposed amendments are cansistent with the comprehensive plan and serve to ensure that
the City eontinues to comply with the minimum National Flood lnsurance Program requirements to keep
flood insurance available to residents and to protect tne com~iiunity frozn dangerous flood conditions ai~d
castly flood da7nages that result in unnecessary public expenditures.
Conclusion: Consistent
1. Environmental Management
Finding: The City of Central Point Open Space and Scenic Resources poliey is, "To preserve its
e~sting se;enic qualities and amenities and to ensure that future grawth and development results in
an increasingly attractive cominunity, in lzarmony with the natural environment." The pzoposed text
amendments in Chapter $.24, Fload Damage Prevention, and Chapter 17.57, Fences, have t~e
potential to p~•eserve and enhance scenic qualities in the City by preserving open space throu~YZ
stream setbacks and prohibiting encroachment by fences in other developrnent that is not in
harnnony wit.h the natural environment.
Finding: The Natural Hazards Element of the Environmez~tal Management Chapter in the
Comprehensi~re Plan establishing a policy that the City continue to support and comply wi~li the
National Flood Insurance Program (NF~P}, wl~ic}i was previously referred to as the Flood Insurance
Protection Act Program (FFIPAP}. This directive included provisions to:
• Establzsh elevations far the 1 dU-year and 500-year flood events;
~ Prohibit new canstruction xn the 100-year floodplain unless the lawest habitable floor is
elevated above the flood elevation; and
• Prohibit activities in the 100-year floodplain that ~vorsen fload conditions by fillin.g
floodplai7i natu7~al storage areas and causing increased flaod conditions on st~rrounding
properties via displacement, or inl~ibiting the flaw of natural drainage areas.
The proposed text amendments ensure co~ltinued compliance with the EnvironmeYital Element of the
Comprehensive Plan by adopting by reference new Flaod [nsuxance Rate Maps (FIRM) that idezZtify
flood hazard areas includin~ the regulatory floodway, 100-year floodplain and Sd0-year tloadplain.
The Flood Insurance Study (FIS) report also est~blishes elevations for flood events ranging from 10-
year to 500-year frequencies.
2. Urbanization
Althougli t~ie p~•oposed code amendments do not prohibit development within the 100-year
floodpl~in or the regulatory floodway, there are l~ighe7• flood protection standards that appiy in the
~a~ped regulatory floodways that are intensive and often difficult to achie~~e, abse~t mitigation.
For this reason, the buildable lands inventory in the Urbanization Element af the Gomprel~ensive
Plan, upon i~s next revision, will examine the impacts of the regulatory floodway on available
vacant lands for' residential, commercial and industria~ development within the Ciry. Tl~is
evaluation will detertnine the impacts of the updated flood hazard inventory on the developable
lands within the current urban growth boundary.
r •-
' R.!
Page $ of l0 Findings & Conclusions of Law File No.: 11013
Finding: The proposed text ainendments to Chapter $.?4, ~'lood Daniage Prevention, at~.d Chapter
17.57, Fences, do not directly prohibit urban development within the City; hawever, said
development will be subject to the flood darziabe prevention provisions necessary to protect life,
safety and property within ttte conununity.
Conclusion: Consistent
PART 5
TRANSPORTATrON PLANNING RULE
17.10.bQ0 Transportation planning rule compliance.
S`ectiott 660-012-0060(I) Whef°e an anaendment to a fisnctioraal plan, an ack-~zowler~ged. corn1~r~heiZSi~~e
plan, or° a layul 2cse f-egulah'on 1a-ould significu~tly aff'eet an existr.'ng or• planned tt•ur~s~of-tation facil.it~~, tlze
local go~-err~.nae~zt shall p~st i~t pdace rneasures as ps-ovided in secti~n. (2) of ~1his r•ule t.o assa~~ae tlzat all.o~•ved
lanrl isses are cotzsistent with t.he iden.tifie.d_f cnction, capacity, afadpet f'or~naunce. standat•ds (e.g. level of
se~vice, volume to cupucrtv ratio, etc.} of ~t1ae_facility. A plur~. or land r~se reg~~latrori aniendme~it
significa~~tly af~'ecis c~ tr•unsportation fc~cility if it ~~oulc~.~
a) Chczn.ge rhe~unc~ional elassif-~c~rtian ofara ~xisting or plunnec~ trar~spo,-tation,facilrty?;
b) Change standat~ds implementing u fi~nctional classifr.eatian sysfem; oj-
c) .f1s riaeusure~ at the end of tlae plafani~ag peri.oc~ identi~ed in the adapt.ed transpaj-tation systeni
~lun:
(<4) All.o~-v types o,° levets of~land uses that ~votcld res~lt in levels of'Zrati~el o~ rzccess• ~hat are
inconsistent x~r'Lh the ~ufzetional classi~cation of'aft existing vf° planned tr°nnspor•tutian.
.facilit~~; -
(,~3) Redttce t.he perfarnaance. ofc~ta ~isting or planyaed trans~or•t~ction,facilitv beloi•t~ tlie
naanimum acce~table perforn~atace staradard r'der~.tlfied in tlze TSP or• co~tlprehen,s~ii~e~lan;
or~
(Cj T~'orsen the per,fo~'riu~~tce of an. existing or plaratt2d tf°ansportation~fucilit~- thcrt is
otlaenvis~ projected to~erf'oi•m below tl~e minitnum. acceptable pefformance stun.dar•d
itlentif ed i~1 the TSP or- comprehensive plart.
Finding 660-012-0060{1}{a): The praposed amend~ients do not alter, or otherwise affect any of ~he
City's Transportation Systems Plan, nor wi11 it affect any existing o7- plaYined transportation facilities, or
lar~d use designations as .'The proposed amendlnents serve only to provide clea7• aYid measurable cade
standards for fload damage prevention that are located in one centralized location wliile resolvu~g 7neeting
the City's stated policy of maintaiYiing compliance with the National Plaod Insurance Pro~~ram
requirements.
Conclusion 660-012-OObO(1}(a): No s~gnificant affect.
~~
Page 9 of 10 Findings & Canclusions af Law File No.: 11013
PART 5
SUl~T11TARY CONCLUSION
As evideYiced in these findings, the proposed arnendme~t,s are in cornpliance with the decisiot~-making
criteria set forth in Sectian 17.05.500 of the Central Point Muiucipal Code. Adoption of the proposed
amendments are necessary to ensure continued compliance with the National Flood Insurance Pro~~ram
(NFIP). Failure to complete adoption of the FIRM and code amendments will result in the comYnunity's
sus~ensian from the National Flood Insurance Program (NFIP).
~1 i
Page 10 of 10 Findings & Conclusions of Law File No.: 11013
ATTA~HMEN~' " ~ "
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION FORWARDING A FAVORABLE
RECOMMENDATION TO THE CITY COUNCIL TO CONSIDER AMEND117ENTS TQ
TI3E Mi7NICIPAL CODE CHAPTER 8.24, FLOOD D~MAGE PREVENTION
W~3EREAS, on November 3, 2010, the Federal Emergency Manageznent Age~cy (FEMA)
in~omzed all cities within Jackson County that a newly updated Flaod Insurance Rate Map
(FIRM) and Flood Insura~~ce Study (FIS} report will become effective on May 3, 201 i; and,
WHEREAS, FEMA has du•ected tl~e City to enact code amendments that adopt the current
effective FIS report and FIRM and meet or exceed the ininimum NF1P Y•egulatory requirements
set forth in 44 C~R Part 60 to maiutain complianee with the National ~'lood IYisurance Pragram
(NFIP); and,
WHEREAS, failure to complete adoption of the FIRM anc~ code arnendments by May 3, 2011
will result in the community's suspension from t}~e NFIP until such date as the new FIRM and
associated code ainendments are adopted by tl~e City; and,
W'HEREAS, a study session to discuss proposed changes to Secti~n 8.24 was held on
January 24, 2011 with meinbers of the Plaruling Con~rn.ission and Citizens Advisory Comnuttee;
and,
WHEREAS, after re~newi~ig the requested proposai and considering public testimony, it is t1~e
determu~ation of #he ~lanning Commissio~~ that the proposed amendments as set fort11 in
Attachment "A" and supported by tlie tindings in Attachment "C" are consistent ~~ith a11
applicable goals, objectives, and policies of t~ie City's Camprehensive Plat~.
NOW, THEREFORE, BE YT RESOL~'ED by the Planning ComYxirssion of the City of Central
Point, ~regon that the amendments as set fort11 in Attachment "A" be forwarded to the Ci#y
Council with a recommendation that the City Council favorably consider alnending the City of
Gentral Point Municipal Code as specif~cally set forth in the attached exhibit.
PASSED by the Platuiing Com.Tnission and signed by rne in authentication of its ~assage this 1 st
day of Febniary, 201 I.
Planning Comnussion Chair
ATTEST:
City Representative
Approved by me this clay of , 2011.
Plannine Ca~unission G1~air
Y CU
ATTACFiMENT " ~ '
PLANNING COMMISSION RESOLUTYON 1~0.
A RESOLUTION OF THE PLANNING COMMISSION FORR'ARDING A FAVORABLE
RECOMMENDATION TO THE CTI'Y COUNCIL TO CONSIDER A11zENDMENTS T(?
THE MUNICIPAL C~DE CIIAPTER 17.57, FENCES
WHEItF.AS, the City is e~iacting code amendrnents to Chapter 8.24, Flo~d Damage Prevention ta
corziply with the National Flood insurance Program (NFIP) requirements in response ta
publication of a new Flood Insurance Rate Map (FIRM) azid Flood Insurance Study (FIS); and,
WHEREAS, prc~visions set forth in Chapter 8.24, Flaod Damage Prevetition apply to all
development activities in the SFHA, including fence construction, and aehieve greater
coordination between aif liated codes SUC~1 as the Building and Zoning Codes and the Publie
Works Standard Specifications, and,
W~~EREAS, existing eode laciguage in Chapter 17.57, F'ences, pr•ovides speeifc coz~struetion
standards for fences in the Special Flood Hazard Area (SFHA); and,
WHEREAS, amendments to Chapter 17.57 refer all specific fence canstruction standards for
Special Flood Hazard Areas to Chapter 8.24 Section 260; and,
WHEREAS, a study sessio~i to discuss proposed changes to Section 17.5? was held on
January 24, 2011 with rnembers of the Planning Conunission and Citizens Ad~-isory Corrunittee;
and,
V1'HEREAS, after reviewing the requested proposal and considering public test.iniony, it is t~e
determination of the Pla~ing Commission that the propased arnendments as set farth in
Attachment "B" and sup}~orted by the findings ~.n Attacl~ment "C" are cansistent with all
applicable goals, objectives, and policies af the City's CompreheYisive Plan.
NaW, THEREFflRE, BE IT RES4LVEll by the Planning Co7nmission of tl~e City of Cez~tra]
Point, Oregon that the ameYicl~uents as set fi~rth in Attachnae~a.t ``B" be forwarded to the City
Council with a recommendation t~iat the~ City Council favorably consider amending tl~e City of
Central Point Municipal Code as specitically set forth in the attached exhibit.
PASSED hy the Planning Commission and signed by me in authentication of its passage this lst
day of February, 2011.
ATTEST:
Commission Chair
City Representative
Approved by nze this day af , 2011.
~ Plaruung Cominission Chair
A
A
~~~ ~ "-
ry ffi qc ~ ~~ ~
(p K ~Q ~
~~ O~ ~ ~ L N ~ ~~~o '.~~
~Z ~ o ~ ~ ~ Z 4~:t e~~~ ~~
~ ~ ~ ~ ~ o ~ ~ Z Q' ~~x~ ~~
U w 7 W LL = e ~~.
W ~•a~ m ~~ € °r
.~~~ ~ ~~~°'~~ a _ €x~
Fy N i
~~a ~ ~ 1 ~ ~
~~o ~ , s~~ Q
~
,..
i , ;~ . , ~I } 1, ,-
rt ~
I-
~ i ' " ~I _... i .. . ~I ~ ' `, ~
'~
~
^
'•--
I~-T
f '
!
, ~i I ..~ ... ~ ~ .. _ _ _ ' ~ ,i -
, ~ .
j,
, ~-. I
` ", ~ ,.~~ I I~ ~L:.' _. _1I~
~ i i ~
~ I I'- ~ '~,~ _ - I - --- -- .-~~ J ~ 1
~ I " . ~ / _'
;~ '; , ! r : r ~ I ~~~ ~ ~ J _._..~I,_. 1 =,-r ~~'. . f., .
, ~ . --d.~_. _ . ~ . .. ' , "_._ _ _ - ..
~ _~J
~
/
'_
-~
~
-
•
~
, I ~ t. . ' "__ ,
.
r ~
_
~
---i / ~ i. '~_i
, ~~
. ~ ~~ ~~
~
; ` .i f . ~ .
, ,_,,.~~ ~ .
_
t
-, ~... ~ ; _ ~ ~ _ - ~ ~ ..~._ - -
. .. .:...... .. ~ .._ ~ " ~ ;I :~
_.._ L.I,~~~i + ~_~
.__.:..-'
:-~:''_. .
--
-
- -JI
~-
--
-
~
-
~
'
J
~
l~
I I
~
_
_
.
_
~r~
~
-
.~ ,.t . -. -~- -
'
~
'-~~..`_`:_~_,.::';Tr.
~ 1_' _
-- -
t ~J
;3'!-''i -I - :..`
.(,7
~ ~ il' I i~ I 1 1~..:'~ T~ i?~~ ~:
. I i ~. ,- • _ ' . r'~ f ' ~ _ ? . _ _~1~ -rr
,.. , ~ : f
~ ~ ~J
~
t .; ~ ( ' T ~~. ~i~ :~ ~
' , ' . . ' 1 fi ' b, ~; --, ! ,~.} t f
T.....
..~ ~ ~;
- i: . i ...: _`
I~ ~ ~- ~
1 I C~
~
_
I
_
, _ :' ' _ ~ ,. i ( ~ ' _ _' ' ~ "~ _ ' . 'i•, d _' _ ~ G I
~
_:
~i;~~ ~..
~~
• ,.....4 , ~-. ~.~_. __! ; ' , ~-~:~,, ~j ` i _ },", , ~
' ..~I. : j
-
1~
' ~
~
~-
_
„_
-.
.
, ._. ~., ~
~ t ~ i J _ ~~
;~_ , ~2trn -,~a ~ _ ;T,~~~.. ~ ~ i~ j; I
- ~~ F~,,, l~ - s, 1 i,. J la._ ...:...-..--+ /'
_ ..
+~k"' _. - . ~-~ . ~'
.
-a rif ': 1 li- r ~+
' ' frJ'-4~
,
- ~ ~
~
~' / k~~
+
~
~
r
~
.
_
. _.
~i ~.
~
~~
~
•
~, ~ t ~ ~ ~ 1 j; 3 ~,~ + ,, = ~ _ 7 .
.
. • ~~~ r,-. T~`a ..1
..~ ---; f ~
~
;F.... : ~i~I;~i~ it~~ :} ' + "1"19 s~-~~ a~l~ ~ li + -__.y., ~ .-.~! 1 y%: 4 :
_ _~.. -- ~- '
t _ 1 r.; ` , 'f , ' ' ' : ~ i ~, 1 ,~ .. 1 f , F •"e ,F ~„ ~ . ~ , _ .
r-,..T;~:=~_ ^
_
`r r~ { Ir`fhi, } k
; `-~
;;; ~.~ ; ~ ~~; ~ .~i ti`~ 7 } ~
~" 1
----
~
~
` y
~~
~ ,~
_.-~ 1 r a ~-) ~
:i ~~; i ; I 1:~ i `+ i:` f ;~:
rIt t ~~
.'. --'L~. ~.. ~. .:_~~~~~ ~il~ i.t .. .--° l 7,.- ._7 1:~ I -~~i . / ~~ J4~T ~':_ f}^'!i_,ul'.~.
f
lF~~ ~~ i/~ i ~ L
(
~~
~
~
/
~
,1
{., I-- --.i ..._...J~
~~~'~::. --~ ~ ~ ~. _ ~{ ~}" f
~ ~~~. ffi~wlj~~ 4 ~ ~i ,.._i't~ ~
~y~ . - ~ ~. .t
-,' ~
-~ ' t
=ir ; ~~ ~ r~ ,; ~ ~ ~_.: ~ v~.~.~_ ~ >: , ; v ~ .~ -~ ~~~-~ ~ ?,~,,_ ~~L, rr. „
I_._ -.~. ~
~z ft~ .~ y~/ ~ , '~ , L i t~ 7~
I . r
~
~
~
'
~
r
~
I }
. ~ /
'!"{`!+ '
.. ~
~._ y ~ F ..1.
~
71L r
y r f
i '
'
r ~ ~.lYJ7i~ .~~
- J~ ~ ~ . .~ ~'r [ ~ , i ~ ~-a~ r~I ~.. tJ .iI r , .t' ...fi
~
~
~
~
~ r
~~ ~r
i ! r I°
r.: +:
- ~'~-~.i.' ~
• / ~~ ~ LC i :L:~ ~{
m~;..,,--- ' ~.1 ., t--~1/%/ ~~ -~ ~ ~
;, ' ~, if =~ ~ -~ - _ - ~ -,~r~,,.l ~ . ~ - ' E~ _:~~;;,;;~ ~ L ,~. `~= ,~~ f w~ ~~~'~~'~ , ~
~! ,
, .l._.i..Ll~. ,r- -j ,
/
a
'
~
~µ
"~ "
r ! ~"~~ ~~~~~ ~~ ~ :
~
n
..
r
~ /~ ! 1 ~c ~ kl '
~~~~
~ ~
{
.
~-r
i F~r
ii .. . . . . ..
.~
- - _ . ._~ .,l
~,ri ~~1L ~'~t,~ r J -
• ~
~
~
/
~
~
~
A~
~
;
I~
I
~
I j i p.
.~
~ _
/
+
, .
.Jr {
Y_r i
-
-~1, rii~ll~~J~ r~~. ,+
..'..'
.
t~j1~~ ;. ~~',a 1`"
~j..."'
'
j '
~~
r
1~'~1~
~
~~
I
'
,
~.•-. - ,(
,
,
J,.
J
-r.
1 t V11:.IL
,.', ~ s , ~ r ~ , f~
~~ . I ~ ill ;
. . ~ . ~ ~ i ~ /
..
~
~ ~ {~~ ; la ~"j~ ~ iL}.`- ~ i ~., ~
~~
~
~T ~
.
.
~
.
..
. -i
_ ~ f
;i j ! ~ _ .. ' ~ I i . .~ ,~^ -' i' •' ~..!- ~ y , t. , 7 i i ~~ ~. ~ , ~ i
, f ,,~~~ ,1 ~ ~ l~ t ~r, • ~ ~, ~ t ,a:
~; ; , ~
~- ~. L !-~~ n,
~ ~~ - ~
r
~
~ ~
,
..
.
.
~ T
. I T!1I i j : I I ; "11 . . . < /• - ; ;~rTj l°l~ ~~I , ~„.L~ ~ i 4 ~ f~ ° f T i ~ , ~ i
' ~t -. . 'lr T I I ,ril~ ~ ~t~ 1 .°~ .. li~.
~.
JI
`
'
~
_
, _
~ ~ .- ~ F~ ~t
,..: ~ . ... = ?. F- ~ f ~ . ~ % #
t ' r~ ~ -~ ~'~~ r= ~ ~~ ~~' ,-r,
: ~..: ~ l :
, ~ f j
r } ` ~ ~ { l i~
'
.
;
;
r , 1 , . . ~
;.
~
; ,
~,
.
~ i I ~?; ~i~ ' ~,;s! 1.. . '1 . , .. ~;Y I~~--r-~~ I
..
,,' ri~, ~. ~~ i ,
f d i; l~~ . ~t %i f 'i, i~IEI' _ . . .. ., , ~ ~
I • ~~ / ~ ~ • . ~; ~ ~:~ ~a~`~ ~ ,i ~6
; . .. . r
/-";
. .
'
.~
'
'
f
.
. . .
• ~ '
, . i ~'i 1
.I .
1 ,:/~ . . ' . ' . , `~~..~ .: Y ~ f jl
; !~ n`l~
'
~
r
~
.
j ~ I .~~~ . '`' ~ . . . . • ( r~4.y15 f (1.1. i..
11 ~' . i ~ . l
~
~ y •
~L
~ /~•
~ . . . . ~ . w ~
1J
. .
~
d
'
1
`
'\
~
,
..
. fj , JF.
.. . ,
, T
, . . ~. .t y-~
~
,
'. 1 j1 d
~~', ~ . . . a i . ., ~;
+- l, -r= ~ ^~ -j--q _ ~ - ~ // , : F
f f. {~ ~
` ~ I i"•' + f -~,,`t s~
~
~
,
r
~ i''!r ~ //
µ„ ~ ;~,
.. ~ i ~ r .i
; • ; ` „
4 _~~.._1
i` rr a;
i ~.I f!( ~., I:..:~P,ErI ~- _ - -
r
~
~
,
.
r '~ ' i
: 1
' _~ ~ ; ~ ' ~ ~ ,E
~ ` ~ "' ~~,; ; ~~a;3--' ~,.~
i ' . . . . ,
y~ ,
. . , ~ ~ ~ ~j ~ - ' I .'~ ' . . ~~iq?.~. _V. . ~
~ ~'
. ~ s I ~ ~ ._
-
,
r1
`~
~
~ / .. ~ j•: f ' ~ ! , ~ : ~ f . ~_ ~~ .~ ` ~jc"' ;~ ,;, ,'.
/ / ' I t i y , . [ ". , k` r i 1F ~ 1 _ ~"~~; t - ~~~ ~-
~
~
~ ~ '
~
~
~ ~
'
~
.
.
. ~ ~ . ~ , ,
f ~ r; , L ~ ~
1
-
i~
f
f-1 K ~ s ~µ
' t "!
~ ....u_, , :%~, ' ` 1 + i ,t,..J~r 7;TIr '3-,T~'_~~ •.. L ti «"~c ,'} a . ' '~ "~ ; 1 r ~
i f ' "'
~
,
'_ I + F ~ I µ~r -~~,
~~ {F~ ~'~ ~ -_ . "'-"F-~ ~+~ ~ ~ r„[ ~ ~` 1 ~ ~ ~ ~ :~ ~ r
! • ~ ~ ~,~e+. 'la~ t ~, ; ~ i ~ . i.~ 1~ ~
.fh ~~7, ~ ~S' ~7 J ~~' ~' ~-~-itl ~ `A.il~~, F'l 1 }']..~G ~ ~
~ '
~
~
{ ~
^
,~ ~.
-~ ~ r~ ~ ' , ~ ~j i ~ ~ i i~ ~
~ ~ ~,
I
l -~; , ~ ~
l \ -+~I~~ ' J C~
• f ~ 1~~, ~ 1 ~:~~ y ' . . r~.~l , ~ , ~~ L ~1 ~~ ~
' 1 '~- I~ S L S'-~*I ~ ./--
' ( 'I ~~II~ ~
F
~~- f ~ F . t ~ • ~ -' '-
.
~~
; I I ~ I'~{I
~
_
~
.
ti
~ ~~,
~ n~ i~~ r~- ~, ~,~~ ,~ 1 ~ ~
-
~ r~ . .
~ ~
r n~
1
f ~ I
~
f~
,
.
I
.ia
~
I ~ ~ ~ i ~.~'~ ' i ~~ 1` `i ~ i.< ~ . i'1 TI `_ I . v 1 f~ I. ~ '~ i '~ i
~
~
~
r ~
~ ~
~
~
~
.
{, ~
l
.
.
~ . ~ _. ~ ~ . , ~ ~ I '!~ ' .r ~ ~:~ r~-~ f '~~ .~.
~,. ~ - ~ ~ 1 ~ .~
~ ? , :~ , ~~ ~ _ ~ ~,
' S I
_
-I •~ :. . ~. 7 ~ ~~!
.
~ . ' ~ ~.~ . . . • _ L. , . .- ' ~l t { f + _~ I ~
i .. I~ ~ i~: °''- ' "'f "~i•- ..-~...+ ~ I) ~i •
I:
''
...
I
I ~ ' <~~ . ~ . . ~ ~ ,
' . _ -- ` , , _ . . ,
'
-
~'^"""
~
T ~
_
.~..w~ ''.~.~".
. " ~ . .
,
- 7
- - - I , f . j I . ` t . - ,.' i ; .
~ ~ ~ ~ `' ~ '