Item 7: Ordinances on Goal 5 Natrual Resources Study

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Legend: Revisions to 10/18/05 draft New language - bold, italic Corrections proposed by staffllegal counsel shown in double underline Deletions - [br3cketed, struck] MOTION D (Councilor Bettman): Amend EC Section 9.8030(21)(a) to provide as follows: (a) For any property containing a IWR conservation area due to a resource identified as a wetland, upland wildlife habitat or riparian site in the Goal 5 Water Resources Conservation Plan, an adjustment to the provisions of EC 9.4920 may be made if no previous adjustment under this section has been approved for the sDecific Dortion of the conservation area and all of the following are met: 1. More than 33 percent of the development site is occupied by the combined area of the IWR conservation setback and any portion of the Goal 5 Water Resource Site that extends landward beyond the conservation setback; 2. The proposed reduction in the IWR conservation area will result in the combined area described above constituting at least 33 percent of the development site; 3. The site is vacant; 4. The strict application of the provisions of EC 9.4920 would prohibit development on the entire parcel; J5. The portion of the development site removed from the IWR conservation area complies with EC 9.4980(2)(a)4., (4)(b), (5)(a), (8)~ and (10); 46. The portion of the development site outside the IWR conservation area, including the area removed, complies with EC 9.4980(7); fJ7. The portion of the development site that remains in a IWR conservation setback area complies with EC 9.4980(1) through (5); [aAG} e8. The reduction occurs first by reducing the area of any portion of the resource site that extends landward beyond the conservation setback. If additional reduction in the IWR conservation area is needed to reduce the combined area to 33% of the development site area, the conservation setback area described in EC 9.4920(1)(b) may be reduced the minimum necessary to meet the standard in subsection 2[7]; and 9. The proposed adjustment is consistent with EC 9.8030(21)(e).