Planning 2012-02-23 Item 5 - Attachment B - Draft Ordinance and Proposed Amendments

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Attachment B 3. If the applicant demonstrates to the satisfaction of the r S ..r that application of the provisions of TMC Chapter 18.45 would deny all reasonable use of the property, development may be allowed which is consistent with the general purposes of TMC Chapter 18.45 and the public interest. 4. The r ,r, ..r in granting approval of the reasonable use exception, must determine that: a. There is no feasible on -site alternative to the proposed activities, including reduction in size or density, modifications of setbacks, buffers or other land use restrictions or requirements, phasing of project implementation, change in timing of activities, revision of road and lot layout, and /or related site planning that would allow a reasonable economic use with fewer adverse impacts to the sensitive area. b. As a result of the proposed development there will be no unreasonable threat to the public health, safety or welfare on or off the development proposal site. c. Alterations permitted shall be the minimum necessary to allow for reasonable use of the property. d. The proposed development is compatible in design, scale and use with other development with similar site constraints in the immediate vicinity of the subject property if such similar sites exist. e. Disturbance of sensitive areas has been minimized by locating any necessary alterations in the buffers to the greatest extent possible. f. The inability to derive reasonable use of the property is not the result of: (1) a segregation or division of a larger parcel on which a reasonable use was permittable after the effective date of Sensitive Areas Ordinance No. 1599, June 10, 1991; (2) actions by the owner of the property (or the owner's agents, contractors or others under the owner's control) that occurred after the effective date of the sensitive areas ordinance provisions that prevents or interferes with the reasonable use of the property; or (3) a violation of the sensitive areas ordinance; g. The w when approving a reasonable use exception, may impose conditions, including but not limited to a requirement for submission and implementation of an approved mitigation plan designed to ensure that the development: (1) complies with the standards and policies of the sensitive areas ordinance to the extent feasible; and (2) does not create a risk of damage to other property or to the public health, safety and welfare. h. Approval of a reasonable use exception shall not eliminate the need for any other permit or approval otherwise required for a project, including but not limited to design review. Section 16. Ordinance No. 2301 §1 (part), 2010 as codified in TMC Chapter 18.45 Environmentally Sensitive Areas, is hereby amended to read as follows: 18.45.120 Areas of Potential ^r rr 7 1-esignation, r and Buffers Page 10 of 32 20