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.
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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
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