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HomeMy WebLinkAbout2483 Delcaring Moratorium on Planning Applications ORDINANCE NO.~ AN ORDINANCE OF THE CITY OF ASHLAND DECLARING A MORATORIUM ON APPROVAL OF PLANNING APPLICATIONS AND BUILDING PERMITS IN THE GEOLOGIC FLOODPLAINS OF ASHLAND AND BEAR CREEK, AND DECLARING AN EMERGENCY WHEREAS, the City has identified that flooding in the floodplains of Ashland and Bear Creek constitute an insufficiently documented hazard; and WHEREAS, the Council has adopted findings which identify a compelling public need to limit new construction in the geologic floodplain of Ashland and Bear Creek; and WHEREAS, substantial progress has been made in identifying the extent of the hazard, and in the development of new ordinances; and WHEREAS, additional time is necessary to complete the development of new ordinances that are necessary to protect the public interest; NOW THEREFORE THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: Section 1 Title. This ordinance shall be known as the Floodplain Moratorium Ordinance and may be so cited and pleaded. Section 2 Purpose and Intent. The purpose and intent of this ordinance is to prevent construction in the areas of the city that are subject to periodic flooding, and to provide for a time period whereby the city may develop permanent measures to limit development in areas subject to periodic flooding, thereby protecting the public health, safety, and general welfare. Section 3 Scope. This ordinance shall be in effect in those areas identified in the map adopted as Exhibit "A", attached to this ordinance and by this reference herein incorporated. This ordinance shall control the issuance of all building permits and zoning permits within the area defined in exhibit "A". When this ordinance is found to conflict with any other applicable ordinances and laws, the stricter of the two shall apply. Section 4 Building Permits. No building permits may be issued for construction of habitable structures within the area defined in Section 2 of this ordinance, unless they have received a Physical and Environmental Constraints permit issued in accordance with section 18.62.040 of the Ashland Municipal Code prior to the effective date of this ordinance. Section 5 Planning Actions. No applications for Planning Actions within the moratorium area may be processed during the time this ordinance is in effect. Section 6 Construction in Public Rights of Way Exempted. Any construction performed by a public agency on the public right-of- way is exempt from the requirements of this ordinance. Section 7 Exemptions. Exemptions to the provisions of this ordinance may be granted by the Council when, after proper notice and a public hearing, they find that there are no adverse impacts to the granting of a permit for construction of a habitable structure. Section 8 Duration. This ordinance shall be in effect for 180 days from effective date of the ordinance. Section 9 Emergency Clause. There being an immediate danger to the public peace, health, safety, and general welfare, an emergency is hereby declared to exist, and this Ordinance shall take effect immediately upon passage by the City Council and approval by the Mayor. The foregoing ordinance was first read on the 18th day of October, 1988, and duly PASSED AND ADOPTED this day of 1988. Nan E. F anklin City Recorder SIGNED and APPROVED this day of 1988. L. Gordon Medar s Mayor 80 20 \ 0 \ 4 Ij_ a Z° x Nevada Street c 1tl10 490 ~ 4B0 C 101 ❑ 70 / / I 500 /x .2. - i ~ 1100 ~ 4AC 000 4AC 700 a 1 4AC 400 4AC 800 4AC 900 7 / 1101 I~ _-ACA 110 p O CA 100 e~ KA 1- 4% JCA. As ADO 300 4DO 20 rA J ! I p Q ~o \ ma 401 40A 200 o - 4ip 4 IJ 1825 4DD 100 lye Oak c ri Patterson Street - ~ o e feel ~ • c Hersey Slrset i 10 Ashland & Bear Creep FloodIplain Stud h Y Fxhibit "A" ( Hydrology ProperiY Line 1800 1115 A Contours 1 ♦ Structures i. C3 '"y4~d~i~in ct a y The request is for the modification of the existing Ashland Creek moratorium boundary. The proposed new boundary is approximately 5 feet above the flood elevation heights depicted on the Flood Insurance Rate Maps (FIRM), published by the Federal Emergency Management Agency (FEMA). Future development on these lots would be required to have the lowest habitable floor constructed at or above the new elevations. 4nu Luu . 4BD 1901 4BD 1500 Moratorium r .48 7003 4B 00 Boundary 1765 IF 4BD 1300 4B 2005 4B 2006 ` 1770 New D 2 07 Boundary BD -d.