HomeMy WebLinkAboutITEM VIII-B-5r.. *
GITY OF_ * d, ~
AGENDA BILL APPROVAL FORM
WASH[NGTON
Agenda Subject:
Date:
Moratorium Established b Resolution No. 4300
June 9, 2009
Department:
Attachments:
Budget Impact:
Public Works
Resolution Nos. 4500, 4300, 4321,
4383, 4433 and 4459.
Administrative Recommendation:
City Council adopt Resolution No. 4500.
Background Summary:
City Council to consider extending the moratorium on the filing of land use applications, 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.
Resolution No. 4300, adopted January 22, 2008, and amended by Resolution No. 4321 on March 3,
2008, established an initial six-month moratorium on the filing of land use applications, 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 by Resolution Nos. 4300 and 4321 and
which moratorium was extended for an additional six-month periods by Resolution No. 4383 on July 21,
2008 and Resolution No. 4433 on December 15, 2008, and Resolution No. 4459 on March 16, 2009. The
moratorium is due to expire on June 30, 2009.
A hearing is required on the proposed extension of the moratorium. The hearing date is set for August 3,
2009.
W0615-7
03.1
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 p Planning & CD
❑ Fire ❑ Planning
❑ Park Board ❑Public Works
❑ Legal ❑ Police
❑ Planning Comm. ❑ Other
❑ Public Works ❑ Human Resources
❑ Information Services
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until
Tabled Until
Councilmember: Wa ner
Staff: Dowd
Meetin Date: June 15, 2009
Item Number: VI11.6.5
AUBURN *MdRE THAN YOU IMAGiNED
RESOLUTION NO. 4 5 0 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, EXTENDING THE MORATORIUM
ESTABLISHED BY RESOLUTION NO. 4300, AND AS
AMENDED AND EXTENDED BY RESOLUTION NUMBERS
4321, 4383, 4433 AND 4459, 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 DECEMBER 15, 2009, AND
SETTING A DATE FOR A PUBLIC HEARING
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
Resolution No. 4500
June 9, 2009
Page 1 of 6
approvals shall be accepted in the area as defined therein during the effective period of
this moratorium; and
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 No. 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 No. 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 basin, 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, 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
Resolution No. 4500
June 9, 2009
Page 2 of 6
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
P/anning 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
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 some property of individual owners and
permit applicants for existing lots to seek residential improvement during the moratorium
so long as the residential improvement mitigates any and all impacts of storm water run-
off created or increased by said residential improvement, prompting the City Council to
modify the parameters of the Moratorium; and
WHEREAS, the City of Auburn is currently in the process of completing an
update to its Comprehensive Storm Drainage Plan. Additional time is necessary to
complete the update and include future improvements that are consistent with the
recommendations contained within the King County Mullen Slough Capital Improvement
Project Study and Action Plan (2002); and
Resolution No. 4500
June 9, 2009
Page 3 of 6
WHEREAS, the City of Auburn is also required to comply with the Phase II
National Pollutant Discharge Elimination System (NPDES) storm water flow control
standards, which standards are not yet completed; and
WHEREAS, it is thus appropriate to extend the Moratorium to afford the City the
time to complete the update to its Comprehensive Storm Drainage Plan and to complete
the Phase II NPDES storm water flow control standards.
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, Resolution No. 4433 and Resolution No. 4459. 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, Resolution No. 4433
and Resolution No. 4459, including the amendment to the moratorium allowing the
owners of existing lots to make improvements to their single family residential property
during the moratorium so long as the residential improvement mitigates any and all
impacts of storm water run-off created or increased by said residential improvement,
subject to the following: Residential improvement to property with in the moratorium
area may be permitted where the property has existing residential development located
thereon and where the development proposed for the property does not increase the
area of "building" impervious surface by more than ten percent (10%) over what existed
on January 1, 2008. Residential improvement to property with in the moratorium area
may also be permitted where the property has existing residential development located
thereon and where the planned development would increase by more than ten percent
(10%) the amount of building impervious surface over what existed on January 1, 2008,
provided that the applicant shall secure the services of a professional engineer to
Resolution No. 4500
June 9, 2009
Page 4 of 6
design the residential improvements to mitigate any and all impacts of storm water run-
off created or increased by said residential improvement.
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, Resolution No. 4433 and Resolution No. 4459.
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 December
15, 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
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. Public Hearing on Moratorium. Pursuant to RCW 35A.63.220, the
City Council shall hold a public hearing on this moratorium on Monday, August 3, 2009,
at 7:30 p.m. at the City of Auburn City Council Chambers, 25 West Main Street, Auburn
Washington. The public hearing thus occurs within the sixty (60) day time period
provided in RCW 35A.63.220.
Section 4. 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.
Resolution No. 4500
June 9, 2009
Page 5 of 6
Section 5. 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
2008.
Peter B. Lewis, Mayor
Attest
Danielle Daskam, City Clerk
App ed as to Form: n ~
aniel . H ' ity Attorney
Resolution No. 4500
June 9, 2009
Page 6 of 6
RESOLUTION NO. 4 3 0 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, KING COUNTY, WASHINGTON, ESTABLISHING A
MORATORIUM ON THE FILING OF LAND USE APPLICATIONS,
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 WITHIN THIS
RESOLUTION, TO BE EFFECTIVE FOR A PERIOD OF SIX
MONTHS AND SETTING A DATE FOR A PUBLIC HEARING
WHEREAS, the City of Auburn and King County have entered into an Interlocal
agreement relating to the annexation of the West Hill Potential Annexation Area by
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 has not occurred.
NOW, THEREFORE, THE CITY COUNClL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings of Fact. The City Council finds the following Findings of
Fact:
Resolution No. 4300
January 22, 2008
Page 1 of 4
A. The drainage area lies mostly within the boundaries of the area on West Hill
recently annexed to the City of Auburn and is within the drainage basin area that
contributes surface water flows into Mill Creek tributaries 0045, 0047, 0048 and 0053;
B. Unincorporated King County records demonstrate a long history of surface
water complaints and problems within the subject area;
C. King County has conducted a detailed analysis identified as the Mullen
Slough Capital Improvement Project Study and Action Plan 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;
D. Development in the subject area has resulted in increased storm water runoff
from those developed properties and has created chronic flooding throughout the
subject area;
E. RCW 35A.63.220 establishes a process whereby the City can establish a
moratorium;
F. Approval of applications for building permits and land use applications that
would result in increased impervious surFaces or for grading activities that would result
in the removal of vegetation and other earth manipulating activities that would likely
exacerbate identified drainage problems;
G. The City.of Auburn finds that it is in the public interest to enact a moratorium
in order to allow adequate time to identify resources to regulate the land use 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, so that the City will be
Resolution No. 4300
January 22, 2008
Page 2 of 4
able to implement recommendations offered within the Mullen Slough Capital
Improvement Project Study and Action Plan.
Section 2. Moratorium Established. A moratorium is hereby established, to be
effective immediately. No 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 set forth in Exhibit "A" attached hereto and incorporated herein by this
reference during the effective period of this moratorium.
Section 3. Effective Period of Moratorium. The moratorium established by this
Resolution shall remain in effect for six months 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 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 4. Public Hearing on Moratorium. Pursuant to RCW 35A.63.220, the
City Council shall hold a public hearing on this moratorium on Tuesday, February 19,
2008 at 7:30 p.m. at the City of Auburn City Council Chambers, 25 West Main Street,
Auburn Washington. The public hearing thus occurs within the sixty (60) day time
period provided in RCW 35A.63.220.
Section 5. 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.
Resolution No. 4300
January 22, 2008
Page 3 of 4
Section 6. Effective Date. This Resolution shall take effect and be in full force
upon adoption.
PASSED by the City Council this Z-2-'"`~ day of ~LA& 2008.
cc. ~ r. ~~~-r r
Pe~er . Lewis, Mayor `
Attest:
Danielle Daskam, City Clerk
as to Form:
Jogeph N. Beck, Assistant City Attorney
Resolution No. 4300
January 22, 2008
Page 4 of 4
RESOLUTION NO. 4 3 21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING THE MORATORIUM
ESTABLISHED BY RESOLUTION NO. 4300 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, TO BE EFFECTIVE FOR A PERIOD ENDING
JULY 22, 2008
WHEREAS, the City of Auburn and King County heretofore 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 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. 4321
March 3, 2008
Page 1 of 4
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, it is appropriate that the moratorium be modified as to geographic area, culling
from the moratorium area properties that are on the valley floor rather than on the hill-
side, so that the property owners may work with the City to seek solutions to the
drainage that affects their valley floor property; and
WHEREAS, in light of the testimony and information provided at said public
hearing, it is also appropriate that the moratorium be modified as to the scope of
development that is restricted, permitting smaller improvement projects that do not
significantly increase building impervious surFace.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Moratorium Amended. The moratorium established by Resolution
No. 4300 is hereby amended to restrict the City's acceptance, during the term of the
moratorium of any applications for new development building permits, or for grading
permits or land use approvals in the amended moratorium area as described and set
forth in the map identified as Exhibit "A" attached hereto and incorporated herein by this
reference. Where there may be a conflict befinreen the description of territory included
and excluded from the moratorium and Exhibit "A", Exhibit "A" shall control. For the
purposes hereof, a building permit for an addition to a previously developed property
shall not constitute a"new development building permit" where the property has existing
building development located thereon and where the development proposed for the
property does not increase the area of "building" impervious surface by more than ten
percent (10%) over what existed on January 1, 2008.
Resolution No. 4321
March 3, 2008
Page 2 of 4
Section 2. Effective Period of Moratorium. The moratorium established by
Resolution No. 4300 and amended by this Resolution shall remain in effect for a period
expiring July 22, 2008, 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 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 ° .~.f't- 2008.
~
Peter B. Lewis, Mayor
Resolution No. 4321
March 3, 2008
Page 3 of 4
Attest
1
Da~nielle Daskam, City Clerk
Resolution No. 4321
March 3, 2008
Page 4 of 4
Approved as to Form:
RESOLUTION NO. 4 3 8 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RENEWING THE MORATORIUM
ESTABLISHED BY RESOLUTION NO. 4300, AS AMENDED BY
RESOLUTION NO 4321, 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, TO
BE EFFECTIVE FOR A PERIOD ENDING DECEMBER 31, 2008
WHEREAS, the City of Auburn and King County heretofore 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 #or 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
WHEREAS, pursuant to RCW 35A.63.220, the City Council held a publie hearing
on this moratorium on Tuesday, February 19, 2008, at the City of Auburn City Council
Resolution No. 4383
July 16, 2008
Page 1 of 4
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, 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 Mutlen 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, King County and the City held a public meeting on June 25th to
review the draft study findings and recommended improvements with affected property
owners, 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 4300 as amended by Resolution 4321; 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 Counfy Board of Commissioners, 79
Resolution No. 4383
July 16, 2008
Page 2 of 4
Wn. App. 641 (1995) and Tahoe-Sierra Preservation Counc+l, Inc. v. Tahoe Regiona!
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
WHEREAS, additional time is required to develop the set of capital
improvements required to provide drainage to the affected properties for adoption by the
City and the County so that requirements of new development within the drainage basin
are understood and long-term solutions can be funded and implemented; and
WHEREAS, the City Council held a public hearing on extending the moratorium
on July 21, 2008, and has considered the testimony and information presented at that
hearing, and
WHEREAS, the City Council therefore 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 4300, as amended by Resolution 4321.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings of Fact. The City Council hereby re-adopts and
incorporates herein by this reference the findings of fact set forth in Resolution 4300
and those in Resolution 4321. The City Council also adopts the foregoing "whereas"
provisions as additional findings of fact to support this Resolution and the continuation
of the moratorium established by Resolution No. 4300 as amended by Resolution No
4321.
Section 2. Moratorium Extended. The moratorium established by Resolution
No. 4300, as amended by Resolution No 4321, shall remain in effect for a period
expiring December 31,2008, 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 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.
Resolution No. 4383
July 16, 2008
Page 3 of 4
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 ~?1 r day of -~Qz444 , 2008.
1
B. Lewis, Mayor
Attest
~
Danielle Daskam, City Clerk
Approved as to Form:
Dani B. Heid, City Atf6rney
Resolution No. 4383
July 16, 2008
Page 4 of 4
RESOLUTION NO. 4 4 3 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RENEWING THE MORATORIUM
ESTABLISHED BY RESOLUTION NO. 4300, AS AMENDED BY
RESOLUTION NO. 4321 AND EXTENDED BY RESOLUTION NO.
4383, 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, TO BE EFFECTIVE
FOR A PERIOD ENDING JUNE 30, 2009
WHEREAS, the City of Auburn and King County previously entered inta 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 anatysis 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
Resolution No. 4433
December 5, 2008
Page 1 of 6
approvals shall be accepted in the area as defined therein during the effective period of
this moratorium; and
WMEREAS, 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 Aubum 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 modifred 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 lnsurance Program in
Resolution No. 4433
December 5, 2008
Page 2 of 6
such a manner to address NMFS' requirements for mitigating potential "takes" of
endangered species as those requirements relate to development in floodplains; and
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, a developer has come forward and secured development rights over
the majority of the properties that the original moratorium was established to protect
from upstream impacts. Through a meeting with City and King County staff the
developer has determined that he may be able to resolve many of the historic drainage
issues by combining the individual properties into a common development to allow him
to have sufficient property to mitigate the foreseeable flooding and wetland impacts of
the 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 4300 as amended by Resolution 4321 and extended by Resolution 4383;
and
Resolution No. 4433
December 5, 2008
Page 3 of 6
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 Aubum, and various court decision such as Weden v. San Juan
County, 135 Wn. 2d 678 (1998), Matson v. C/ark 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
WHEREAS, even though the developer believes that he can resolve the historic
drainage issues on the affected properties, the FEMA/NMFS requirements will require
the developer to not only resolve drainage, but to do so in a manner that mitigates any
potential "take" of endangered species. Until FEMA/NMFS provides guidance,
additional time is required to develop the set of capital improvements required to
provide drainage to the affected properties for adoption by the City and the County so
that requirements of new development within the drainage basin are understood and
long-term solutions can be funded and implemented; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
HEREBY RESOLVES AS FOLLOWS:
Section 1. Findings of Fact.
1. That the City Council re-adopts and incorporates herein by reference the
findings of fact set forth in Resolution 4300, Resolution 4321, and Resolution 4383. The
City Council also adopts the recital clauses of this Resolution as additional findings of
Resolution No. 4433
December 5, 2008
Page 4 of 6
fact to support this Resolution and the continuation of the moratorium established by
Resolution No. 4300, as amended by Resolution No 4321 and extended by Resolution
4383.
2. 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 4300, as amended by Reso{ution 4321 and extended by
Resolution 4383.
Section 2. Moratorium Extended. The moratorium established by Resolution
No. 4300, as amended by Resolution No 4321 and previously extended by Resolution
4383, shall 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 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.
Resolution No. 4433
December 5, 2008
Page 5 of 6
Section 6. Effective Date. This Resolution shall take effect and be in full force
upon adoption.
PASSED bY the CitY Council this .a ~daY of ~B. Lewis, Mayor
Attest
Danielle Daskam, City Clerk
Resolution No. 4433
December 5, 2008
Page 6 of 6
Approved as to Form:
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
af sediments in the valfey floor channels; and ,
WHEREAS, although several projects have been identified within the Mullen
Slough Capital Improvement Project Study and Action P1an 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 16, 2009
Page 1 of 6
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
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
Resolution No. 4459
March 16, 2009
Page 2 of 6
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
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
Resolution No. 4459
March 16, 2009
Page 3 of 6
the parameters of the moratorium by allowing some property of individual owners and
permit applicants for existing lots to seek residential improvement during the moratorium
so long as the residential improvement mitigates any and all impacts of storm water run-
off created or increased by said residential improvement.
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, Resolutiort 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 owners of existing lots to make improvements to their single
family residential property during the moratorium so long as the residential improvement
mitigates any and all impacts of storm water run-off created or increased by said
residential improvement, subject to the following: Residential improvement to property
with in the moratorium area may be permitted where the property has existing
residential development located thereon and where the development proposed for the
property does not increase the area of "building" impervious surFace by more than ten
percent (10%) over what existed on January 1, 2008. Residential improvement to
property with in the moratorium area may also be permitted where the property has
existing residential development located thereon and where the planned development
would increase by more than ten percent (10%) the amount of building impervious
surface over what existed on January 1, 2008, provided that the applicant shall secure
the services of a professional engineer to design the residential improvements to
mitigate any and all impacts of storm water run-off created or increased by said
residential improvement.
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
Resolution No. 4459
March 16, 2009
Page 4 of 6
established in Resolution No. 4300, as amended and extended by Resolution No. 4321,
Resolution No. 4383 and Resolution No. 4433.
C. That the City Engineer is authorized to modify the boundaries of the area
included within this Moratorium to conform to the boundaries of existing lots where the
previous area delineations cross through existing individual parcels, so long as such
modifications are consistent with the purposes of this Moratorium.
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
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 /&Oday of 2008
~
Peter B. Lewis, Mayor
Resolution No. 4459
March 16, 2009
Page 5 of 6
Attest
,
Dan Ile Daskam, City Clerk
Ap v to F m:
Daniei B. eid, City Attorney
Resolution No. 4459
March 16, 2009
Page 6 of 6