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HomeMy WebLinkAboutITEM V-DA CITY OF WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Date: Moratorium Established b Resolution No. 4300 Jul 1, 2008 Department: Attachments: Budget Impact: Public Works Resolution Nos. 4300, and 4321 Administrative Recommendation: City Council to schedule a hearing on July 21, 2008 to consider extening 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. Background Summary: Resolution No. 4300, adopted January 22, 2008, and as 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 No. 4300. The moratorium is due to expire on July 22, 2008. A hearing is required on the proposed extension of the moratorium. W0707-7 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: Wagner Staff: Dowd Meetin Date: Jul 7, 2008 Item Number: V.D AUBURN *MORE THAN YOU IMAGINED 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 between 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 r_ day of 1 2008. ` Lam' Pete B. Lewis, Mayor ----------------- Resolution No. 4321 March 3, 2008 Page 3 of 4 Attest Danielle Daskam, City Clerk Approved as to-Form: I B. Heid, ----------------- Resolution No. 4321 March 3, 2008 Page 4 of 4 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 COUNCIL 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 day of 2008. ?? Peter . Lewis, Mayor Attest: 6?? L alti? Danielle Daskam, City Clerk as to Form: Joeph N. Beck, Assistant City Attorney ----------------- Resolution No. 4300 January 22, 2008 Page 4 of 4