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HomeMy WebLinkAbout5518ORDINANCE NO. 5 5 1 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, ESTABLISHING A MORATORIUM ON THE FILING OF BUILDING AND GRADING PERMIT APPLICATIONS IN THE DRAINAGE AREA BOUNDED BY SR -18 TO THE SOUTH, 15TH ST. NW TO THE NORTH, UNION PACIFIC RAILROAD TO THE EAST, SR -167 TO THE WEST AS DEFINED WITHIN THIS ORDINANCE TO BE EFFECTIVE FOR A PERIOD OF SIX MONTHS AND SETTING A DATE FOR A PUBLIC HEARING. WHEREAS, the City is currently in the process of reviewing and amending its zoning and land use code; and WHEREAS, due to increased water inundation depth and frequency, forested wetlands comprised of cottonwoods adjacent to 15`h ST NW and SR - 167 are now dead; and WHEREAS, in conjunction with Central Auburn storm water drainage improvements the City attempted to negotiate with Puget Sound Energy for a drainage corridor for future storm drainage improvements but the negotiations were unsuccessful; and WHEREAS, during the failed negotiations Puget Sound Energy raised concerns over the long-term maintenance of their facilities, potential contamination, and high power interruption penalties to wholesale customers; and Ordinance No. 5518 February 20, 2001 Page 1 WHEREAS, although there are four individual City maintained storm water drainage systems existing in the subject area, there is need for a larger City storm water drainage system in portions of the subject area; and WHEREAS, RCW.36.70A.390 establishes a process whereby the City can establish a moratorium; and FINDINGS OF FACT 1. The drainage area is bounded by SR -18 to the south, 15th St. NW to the north, Union Pacific Railroad to the east, SR -167 to the west. 2. Complaints regarding storm water drainage have been received from three -property owners within the subject area. 3. Due to increased water inundation depth and frequency, forested wetlands comprised of cottonwoods adjacent to 15th ST NW and SR -167 are now dead. 4. In conjunction with Central Auburn storm water drainage improvements, the City attempted to negotiate with Puget Sound Energy for a storm water drainage corridor for future storm water drainage improvements but the negotiations were unsuccessful, citing concerns over the long-term maintenance of their facilities, potential contamination, and high power interruption penalties to wholesale customers. Ordinance No. 5518 February 20, 2001 Page 2 5. Although there are four individual City maintained storm water drainage systems existing in the subject area, there is need for a larger City storm water drainage system in portions of the subject area, to -wit: 1). An existing storm water drainage system serves the southern portion of Western Street and discharges west onto the City owned parcel located east of SR -167 and north of Main Street. Eventual discharge is within a WSDOT [Washington State Department of Transportation] drainage ditch adjacent to the east -side of SR 167, and the culvert which runs westerly under SR 167 to Mill Creek. 2). An existing storm water drainage system generally serves an area bounded by SR - 18 to the south, SR -167 to the west, Union Pacific Railroad to the east and Main Street to the north. Discharge from this storm water drainage system runs westerly into the existing WSDOT drainage ditch adjacent to the east -side of SR 167, and the culvert which runs westerly under SR 167 to Mill Creek. 3). An existing storm water drainage system drains a small portion of Main Street west into the existing WSDOT drainage ditch adjacent to the east -side of SR 167, and the culvert which runs westerly under SR 167 to Mill Creek. 4). An existing storm water drainage system generally serving an area east of Clay Street, west of Union Pacific Railroad, north of Main Street north to the north terminus of Clay Street flows into an existing drainage ditch, and pipe network adjacent to the west -side of the Interurban bike path. At the north end of Clay Street, the Ordinance No. 5518 February 20, 2001 Page 3 conveyance line turns west, crosses SR 167 and discharges to Mill Creek. Due to high water inundation levels within Mill creek, water flows appear to be flowing upstream within the lower portions of this drainage system. Development in the subject area and the upstream tributary areas has resulted in the attenuation of storm water runoff from those developed properties such that the overall condition in the City's storm water drainage system area and in Mill Creek is wetter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. MORATORIUM ESTABLISHED. A moratorium is hereby established, effective immediately upon adoption of this Ordinance. Action taken by the City as a result of the filing of applications for building permits would result in increased impervious surfaces, and action taken by the City as a result of the filing of applications for grading permits would result in the placement of fill. No applications for building or grading permits shall be accepted in the area set forth in Exhibit "A" attached hereto and incorporated herein by this reference during the effective period of this moratorium. -------------------------- Ordinance No. 5518 February 20, 2001 Page 4 Section 2. EFFECTIVE PERIOD OF MORATORIUM. The moratorium established by this Ordinance shall remain in effect for six months. Section 3. PUBLIC HEARING ON MORATORIUM. Pursuant to RCW 36.70A.390, the City Council shall hold a public hearing on this moratorium on Monday March 19, 2001 at 7:30 p.m. in the City Council Chambers of the City of Auburn. The public hearing thus occurs within the sixty (60) day time period provided in RCW 36.70A.390. Section 4. FINDING OF NECESSITY. The Auburn City Council finds that this ordinance is necessary to protect the public safety, health, and general welfare. Section 5. SEVERABILITY. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or invalid for any reason, or should any portion of this Ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. Ordinance No. 5518 February 20, 2001 Page 5 Section 6. EFFECTIVE DATE. This Ordinance, is a public emergency ordinance necessary for the protection of the public health, public safety, public property, and/or public peace and shall take effect and be in full force immediately upon its adoption. INTRODUCED: February 20, 2001 APPROVED: February 20, 2001 01 kwi L n , Ik- CHARLES A.BOOTH MAYOR ATTEST: IV Danielle E. .. City Clerk APPROVED AS TO FORM: z ZA Michael J. Reynolds, City Attorney PUBLISHED: 02 ol5'oZOd Ordinance No. 5518 February 20, 2001 Page 6 I Ordinance 5518 0 N 10 DRAI STAIE N V V I B EXHIBIT A