HomeMy WebLinkAboutOrdinance 5840 02/03/1997
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ORDINANCE NO. 5840
AN ORDINANCE AMENDING ARTICLES 27 OF THE SPRINGFIELD DEVELOPMENT
CODE TO CHANGE THE REFERENCE DATE OF FEMA FLOOD INSURANCE RATE MAPS FROM
DECEMBER 18, 1985 TO MAY 2, 1994 TO BRING THE CITY INTO COMPLIANCE WITH THE
FLOOD INSURANCE PROGRAM, AND DECLARING AN EMERGENCY.
WHEREAS, the City of Springfield has received a request from the Federal
Emergency Management Agency (FEMA) to amend the dates of the flood insurance rates
maps from December 18, 1985 to May 2, 1994 to maintain compliance with the federal
flood insurance program, and
WHEREAS, the Planning Commission of Springfield held a public hearing on the
matter on December 17, 1996, and approved the request and recommended it to the City
Council for approval; and
WHEREAS, evidence exists within the record indicating that the proposed
amendment recommended by the Planning Commission meets the requirements of the
Springfield Development Code, and the requirements of applicable state and local law; and
WHEREAS, the City of Springfield has conducted public hearings and is now ready
to take action.
NOW, THEREFORE, th~ City of Springfield ordains as follows:
Section 1. Section 27.01 0(2)(a) FP FLOODPLAIN OVERLAY DISTRICT is hereby amended
as described below:
Those areas identified by the Federal Insurance Administration in scientific and
engineering reports entitled liTHE FLOOD INSURANCE STUDY FOR THE CITY OF
SPRINGFIELD, LANE COUNTY, OREGON" , dated September 27, 1985, and liTHE FLOOD
INSURANCE STUDY FOR LANE COUNTY, OREGON UNINCORPORA TED AREAS", dated
[December 18, 19851 May 2, 1994, with accompanying Flood Insurance Maps;
Section 2. Section 27.030(1 )(a)4 FP FLOODPLAIN OVERLAY DISTRICT is hereby
amended as described below:
When base flood elevation data has not been provided by liTHE FLOOD INSURANCE
STUDY FOR THE CITY OF SPRINGFIELD, LANE COUNTY, OREGON", dated September 27, .
1985, or liTHE FLOOD INSURANCE STUDY FOR LANE COUNTY, OREGON,
UNINCORPORATED AREAS", dated [December 18, 19851 May 2, 1994, the City Engineer
shall obtain, review and utilize any base flood elevation data and floodway data aval7able from
a Federal, State or other source in order to administer this Section.
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Section 3: It is determined by the Common Council that matters pertaining to the
floodplain affect the public health, safety and welfare and that an emergency exists and
this ordinance shall become effective upon adoption by the Council and approval by the
Mayor.
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is
for any reason held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision, and such holding
shall not effect the validity to the remaining portions hereof.
ADOPTED by the Common Council of the City of Springfield this 3rd day
of Februa ry , 1997, by a vote of ~ for and ~ against.
APPROVED by the Mayor of the City of Springfield this 3rd day of
February 1997.
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ATTEST:
~te/t~J Jtt1~
City Recorder {
REVIEWED I APPROVID
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DATE: \ ~ 1""1
OFFICE OF CITY ATTORNEY
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ATTACHMENT B
BEFORE THE PLANNING COMMISSION
OF THE
CITY OF SPRINGFIELD, OREGON
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Final Recommendation }
for an Amendment to Article 27 }
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JO. NO. 96-11-233
FINDINGS,
CONCLUSIONS
AND RECOMMENDATION
NATURE OF THE REQUEST
The application is for the recommendation to the City Council of an
amendment to Article 27 of the Springfield Development Code
changing the reference date of FEMA Flood Insurance Rate Maps from
December 18, 1985 to May 2, 1994 to bring the city into compliance
with the Flood Insurance Program.
RELEVANT FACTS. CRITERIA AND FINDINGS
1. On November 8, 1996, the following application for
Development Code Text Application was accepted:
City of springfield, Jo. No. 96-11-233
2. The application was initiated and submitted in accordance
with section 3.050 of the Springfield Development Code.
Timely and sufficient notice of the Public Meeting, pursuant
to section 14.030 of the Springfield Development Code, has
been provided.
3. On December 16, 1996 a public hearing on the request was
held by the Springfield Planning Commission. The Development
Services Department staff notes and recommendation together
with the testimony and submittal of the applicant and other
persons testifying at that hearing have been considered and
are part of the record of this proceeding.
CONCLUSIONS
On the basis of this record, the proposed amendment attached
hereto as Exhibit A is consistent with the applicable criteria
set forth in Section 8.030 (1)-(3) of the Springfield Development
Code. This general finding is supported by the specific findings
of fact and conclusions set out in the findings of fact adopted
and attached hereto as Exhibit B.
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RECOMMENDATION
It is ORDERED by the Planning Commission of Springfield that
Journal Number 96-11-233 be RECOMMENDED to the City Council for
APPROVAL.
THIS RECOMMENDATION presented to
commis;Jin on December 16, 1996.
(~a~.
Plann~g ~ ission Chairperson
'ATTEST
AYES: 0
NOES: ~.tr
ABSENT: I
ABSTAIN:ft
and approved by the Planning