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Home My WebLink About3261 Amending the Officially Adopted Physical and Environmental Constraints Map Removing the Locally Adopted Ashland Modified Floodplain from Hamilton Creek ORDINANCE NO. 3261 AN ORDINANCE AMENDING THE OFFICIALLY ADOPTED PHYSICAL AND ENVIRONMENTAL CONSTRAINTS MAP REMOVING THE LOCALLY ADOPTED ASHLAND MODIFIED FLOODPLAIN FROM HAMILTON CREEK (Planning Action#PA-T3-2025-000012) WHEREAS,Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS,the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon cities. _City of Beaverton v. International Association of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734(1975); and WHEREAS,the Ashland Land Use Ordinance includes Chapter 18.3.10 Physical and Environmental Constraints Overlay,which regulates hillside and floodplain development and requires that the City Council to adopt official maps, and approve substantial amendments to them; and WHEREAS,Ashland has a locally adopted floodplain on Ashland,Bear, Clay, and Hamilton Creeks. These are shown on the official `Physical and Environmental Constraints map for Floodplain Corridor Lands' which was last updated in 2017 by Ordinance 3139; and WHEREAS, Staff discovered that the Hamilton Creek portion of the Ashland floodplain was added to the digital maps in error between 2008 and 2010 and asked the Planning Commission to initiate a planning action to correct the error; and WHEREAS,the City of Ashland Planning Commission considered the removal of Hamilton Creek from the locally adopted Ashland Floodplain from the Officially adopted `Physical and Environmental Constraints map for Floodplain Corridor Lands' at a duly advertised public hearing on April 8, 2025, and following deliberations,recommended approval of the amendment; and WHEREAS,on May 1't, 2025,planning action PA-T1-2025-00258 approved a minor amendment to the `Physical and Environmental Constraints map for Floodplain Corridor Lands' with regard to the course of Kitchen Creek through the property at 755 North Mountain Avenue. The proposed amendment would update the mapping of Kitchen Creek to more accurately reflect the actual course of Kitchen Creek on the ground; and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the above-referenced amendments on May 20, 2025; and ORDINANCE NO. 3261 Pagel of 2 WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Physical and Environmental map in manner proposed, that an adequate factual basis exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The above recitals are true and correct and are fully incorporated herein by this reference. SECTION 2. The official `Physical and Environmental Constraints map for Floodplain Corridor Lands' Map is hereby amended to replace the 2017 `Physical and Environmental Constraints map for Floodplain Corridor Lands', attached hereto as Exhibit A, as an official City map and made a part hereof by this reference. SECTION 4. Severability.Each section of this ordinance, and any part thereof, is severable, and if any part of this ordinance is held invalid by a court of competent jurisdiction,the remainder of this ordinance shall remain in full force and effect. The foregoing ordinance was first ready by title only in accordance with Article X, Section 2(C) of the City Charter on the / day of , 2025, and duly PASSED and ADOPTED this_� day of 2025. PASSED by the City Council this_ day of 2025. c �1 ATTEST: AM Alissa o inski,Iffity Recorder SIGNED and APPROVED this day of 12025. Tonya daliam,Mayor Reviewed as to form: Joh ieti orney "IN CE NO. 3261 Page 2 of 2 7 Y 0, \\\ . AS H LA N D Physical and Environmental Constraints Floodplain Corridor Lands City Umits FEMA-defined 100-Year Floodplain Corridor Lands Urban Growth Boundary 18.3.10.050.A.1 Land Drainage Corridor,piped,10'buffer FEMA-defined Drainage pen channel,l0'buffer 500-Year Floodplain Corridor Lands i ----Land Draira Corridor,0 t \\\ ! 18.3.10.060A5 18.3.10.050A.1 Riparian Reservation Creek 20'buffer Ashland Modified ... 18.3.10.060.A.4 �v„ I I r .�._�. ! ,. i _ - Floodplain Corridor lands napping is schematic only and bears no warranty of accuracy. 18.3.10.050A2 All feature;st—hires,facilities,easement or roadw y locations should be independently field verified for existence and/or locatlon. O NOT TO SCALE rr ri r I � \ wogw me u.srogw,uurX...grc.r,. sy1 _..___................_..