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Home My WebLink AboutITEM VIII-B-8 CITY OF ~UB~~J~N WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Date: Resolution No. 4321 -Moratorium Februa 27, 2008 Department: Attachments: Budget Impact: Public Works Resolution No. 4321 Administrative Recommendation:. City Council adopt Resolution No. 4321. Background Summary: On February 19, 2008, the Council conducted a public hearing on the moratorium established by Resolution No. 4300 on the filing of certain land use, building and grading permit applications for properties in the area described in the resolution. Upon testimony and information provided at the public hearing, the Council approved a modification to the moratorium geographic area and a change in the scope of development that is restricted in the moratorium area. Resolution No. 4321 amends the moratorium established by Resolution No. 4300 in accordance with Council's direction on February 19cn A0303-1 03.1, 03.4.2.1.2 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 ^ 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 Meeting Date: March 3, 2008 Item Number: VI11.6.8 ~j~$~ ~ MORE THAN Yt~U IMAGINED RESOLUTION NO. 4 3 2 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING THE MORATORIUM ESTABLISHED BY RESOLUTION N0. 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 February 19, 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. 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.. 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 Resolution No. 4321 February 19, 2008 Page 2 of 4 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 2008. Attest Danielle Daskam, City Clerk Peter B. Lewis, Mayor ----------------- Resolution No. 4321 February 19, 2008 Page 3 of 4 Appr¢yed a,~'C~ Form: niel B. He~'7ci~ City Attorney ----------------- Resolution No. 4321 February 19, 2008 Page 4 of 4