HomeMy WebLinkAboutIV.D Resolution 4459
AGENDA BILL APPROVAL FORM
Agenda Subject:Date:
Resolution No. 4459 March 2, 2009
Department:Attachments:Budget Impact:
LegalResolution No. 4459
Administrative Recommendation:
.
City Council adopt Resolution No. 4459.
Background Summary:
Pursuant to Resolution No. 4300, the City Council established a moratorium on the applications for
building permits that would result in increased impervious surfaces, for grading permits or for land use
permits in the moratorium area.
Resolution No. 4459 amends the moratorium to allow property owners and permit applicants for existing
lots to be developed during the moratorium so long as the development mitigates in the discretion of the
City Engineer any and all impacts of storm water run-off created or increased by said development.
A0316-1
Reviewed by Council & Committees:Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works LegalPolice
Planning Comm. OtherPublic Works Human Resources
Information Services
Action:
Committee Approval: Yes No
Council Approval: Yes NoCall for Public Hearing___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until___/___/____
Councilmember:Staff:
Wagner Heid
Meeting Date:Item Number:
March 16, 2009
RESOLUTION NO. 4 4 5 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING THE MORATORIUM
ESTABLISHED BY RESOLUTION NO. 4300, AND AS AMENDED
AND EXTENDED BY RESOLUTION NUMBERS 4321, 4383 AND
4433, ON THE FILING OF CERTAIN LAND USE, BUILDING AND
GRADING PERMIT APPLICATIONS IN THE DRAINAGE AREA
CONTRIBUTING SURFACE FLOWS TO MILL CREEK
TRIBUTARIES 0045, 0047, 0048 AND 0053 AS IDENTIFIED BY
KING COUNTY AND AS DEFINED HEREIN, CONTINUING TO BE
EFFECTIVE FOR A PERIOD ENDING JUNE 30, 2009
WHEREAS, the City of Auburn and King County previously entered into an
Interlocal agreement relating to the annexation of the West Hill Potential Annexation
Area, as approved by City of Auburn Resolution No. 4113; and
WHEREAS, King County’s Water and Land Resources Division has completed a
detailed analysis known as the “Mullen Slough Capital Improvement Project Study and
Action Plan (2002),” identifying chronic flooding within the drainage basin, due to a lack
of conveyance capacity caused by increased runoff from development and aggradation
of sediments in the valley floor channels; and
WHEREAS, although several projects have been identified within the Mullen
Slough Capital Improvement Project Study and Action Plan in order to alleviate chronic
flooding within the drainage basin, implementation of these Capital Improvement
projects by King County, the entity with jurisdiction and control over the area up through
the date of annexation, has not occurred; and
WHEREAS, pursuant to its Findings of Fact set forth in Resolution No. 4300, the
City Council established a moratorium on the applications for building permits that
would result in increased impervious surfaces, for grading permits or for land use
approvals shall be accepted in the area as defined therein during the effective period of
this moratorium; and
- - - - - - - - - - - - - - - - -
Resolution No. 4459
March 3, 2009
Page 1 of 5
WHEREAS, pursuant to RCW 35A.63.220, the City Council held a public hearing
on this moratorium on Tuesday, February 19, 2008, at the City of Auburn City Council
Chambers, at which public hearing persons wishing to speak to the moratorium were
afforded the opportunity to do so; and
WHEREAS, in light of the testimony and information provided at said public
hearing, the City Council modified the moratorium by means of City of Auburn
Resolution 4321, removing certain properties and classes of development from the
moratorium; and
WHEREAS, the City Council held a public hearing on extending the moratorium
on July 21, 2008, and after considering the testimony and information presented at that
hearing, adopted Resolution 4383 extending the moratorium until December 31, 2008;
and
WHEREAS, King County and City of Auburn staffs have met to discuss the
issues and potential remedies surrounding the historic and on-going flooding and
drainage problems within the draining basis, have reviewed and continue to evaluate
the 2002 King County Mullen Slough Capital Improvement Project Study and Action
Plan, and to explore options to deal with the extensive, complex and expensive long-
term remedies for the flooding and drainage problems, for which there is no easy or
quick solution; and
WHEREAS, during the extension period of the moratorium, the City received a
letter dated October 21, 2008 from the Federal Emergency Management Agency
(“FEMA”). That letter stated that the National Marine Fisheries Service (“NMFS”) was
requiring FEMA to modify implementation of the National Flood Insurance Program in
such a manner to address NMFS’ requirements for mitigating potential “takes” of
endangered species as those requirements relate to development in floodplains; and
- - - - - - - - - - - - - - - - -
Resolution No. 4459
March 3, 2009
Page 2 of 5
WHEREAS, in order to ensure that development that does occur within
floodplains within the City of Auburn respond in a way that meets the requirements of
FEMA and NMFS, the City adopted Resolution 4416 on November 17, 2008, placing a
moratorium on the filing, receipt, and approval of applications for development within
areas of the City located within, in whole or in part, identified 100-year floodplains as
depicted in the most currently approved floodplain maps as published by FEMA unless
the applicants can establish to the City’s satisfaction that they are able to meet the
requirements of FEMA and NMFS in developing their property in a way that adequately
protects the endangered species and that meets the FEMA and NMFS concerns for
floodplain development; and
WHEREAS, the State Growth Management Act, Chapter 36.70A RCW and its
goals and policies mandate proper planning and consideration of, and the need to
thoughtfully implement, storm water systems and programs and capital improvements to
address flooding and storm water problems and protection of downstream properties,
and such policies and goals further support the need for continuation of the moratorium
in Resolution No. 4300 as amended by Resolution No. 4321 and extended by
Resolution No. 4383 and Resolution No. 4433; and
WHEREAS, RCW 35.63.200, RCW 35A.63.220 and RCW 36.70A.390
specifically authorize adoption, amendment and extension of a moratorium to allow for
thoughtful and proper land use and utility planning, and to involve the public in decision-
making; and
WHEREAS, in addition to RCW 35.63.200, 35A.63.220 and 36.70A.390, the
State Constitution, Art. XI, §11, as well as the broad and expansive police powers
granted to cities like Auburn, and various court decision such as Weden v. San Juan
County, 135 Wn. 2d 678 (1998), Matson v. Clark County Board of Commissioners, 79
Wn. App. 641 (1995) and Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional
Planning Agency, 535 U.S. 302 (2002) also authorize adoption of moratoria to allow for
thoughtful and proper land use planning with full public input; and
- - - - - - - - - - - - - - - - -
Resolution No. 4459
March 3, 2009
Page 3 of 5
WHEREAS, in the hearing held in connection with Resolution No. 4433, the City
Council heard concerns that support amending the moratorium by adding flexibility to
the parameters of the moratorium by allowing the property of individual owners and
permit applicants for existing lots to seek development during the moratorium so long as
the development mitigates in the discretion of the City Engineer any and all impacts of
storm water run-off created or increased by said development.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
HEREBY RESOLVES AS FOLLOWS:
Section 1. Findings of Fact.
A. That the City Council re-adopts and incorporates herein by reference the
findings of fact set forth in Resolution No. 4300, Resolution No. 4321, Resolution No.
4383, and Resolution No. 4433. The City Council also adopts the recital clauses of this
Resolution as additional findings of fact to support this Resolution and the continuation
of the moratorium established by Resolution No. 4300, as amended and extended by
Resolution No 4321, Resolution 4383 and Resolution No. 4433, and further amends the
moratorium by allowing the property of individual owners and permit applicants for
existing lots to seek development during the moratorium so long as the development
mitigates in the discretion of the City Engineer any and all impacts of storm water run-off
created or increased by said development.
B. That the City Council finds that the protection of the public health, safety,
welfare and fiscal integrity of the City of Auburn requires extension of the moratorium
established in Resolution No. 4300, as amended and extended by Resolution No. 4321,
Resolution No. 4383 and Resolution No. 4433.
Section 2. Moratorium Continued.
The moratorium established by Resolution
No. 4300, as amended and extended by Resolution No. 4321, Resolution No. 4383 and
Resolution No. 4433, shall continue to remain in effect for a period expiring June 30,
2009, unless extended by further action of the City Council; Provided that this
Moratorium shall automatically expire upon the effective date of an Ordinance or other
legislative enactment that gives the City the resources to regulate the land use in the
- - - - - - - - - - - - - - - - -
Resolution No. 4459
March 3, 2009
Page 4 of 5
Drainage Area Contributing Surface Flows to Mill Creek Tributaries 0045, 0047, 0048
and 0053, as identified by King County and as defined herein, so that the City will be
able to implement recommendations offered within the Mullen Slough Capital
Improvement Project Study and Action Plan.
Section 3. Severability.
Should any section, paragraph, sentence, clause or
phrase of this Resolution, or its application to any person or circumstance, be declared
unconstitutional or invalid for any reason, or should any portion of this Resolution 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 Resolution or its application to other
persons or circumstances.
Section 4. Implementation.
The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 6. Effective Date.
This Resolution shall take effect and be in full force
upon adoption.
PASSED by the City Council this ______ day of ___________ 2009.
_____________________________
Peter B. Lewis, Mayor
Attest
___________________________
Danielle Daskam, City Clerk
Approved as to Form:
___________________________
Daniel B. Heid, City Attorney
- - - - - - - - - - - - - - - - -
Resolution No. 4459
March 3, 2009
Page 5 of 5