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HomeMy WebLinkAboutAgenda mod - RES 4416CITY OF --••/ * WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4416 Date: November 17, 2008 Department: Legal Attachments: Resolution No. 4416 Budget Impact: none Administrative Recommendation: City Council to adopt Resolution No. 4416. Background Summary: On September 22, 2008, the National Marine Fisheries Service (NMFS) issued a biological opinion on the Federal Emergency Management Agency's (FEMA's) National Flood Insurance Program. The NMFS evaluation found that the flood insurance program as currently administered by local governments violates the Endangered Species Act. They also said that development permits issued by local governments for development in the floodplain can be construed as authorizing a "take" of endangered species and their habitat insofar as they do not adequately protect endangered species. In a letter from FEMA dated October 21, 2008, one of the suggestions to local governments is in order to avoid impacts to endangered species, the local governments should issue temporary moratoria on floodplain development until FEMA and NMFS finish consulting on the minimum requirements and determine what local regulations should include to properly protect endangered species. In order for the City Council to receive the minimum requirements to be issued by FEMA and to evaluate what changes would be appropriate to mitigate the potential endangered species impacts when developing in the floodplain, it would be appropriate for a moratorium to be imposed for an initial six months subject to the requirements for a subsequent public hearing, pursuant to statute, so that the City Council has an opportunity to evaluate the direction that should be pursued in connection with floodplain development. As mentioned, a public hearing is required within 60 days of the adoption of this resolution to evaluate the moratorium and the entry of appropriate findings of fact pursuant to RCW 35A.63.220. The proposed date of the public hearing is January 5, 2009 at the regular council meeting beginning at 7:30 p.m. or as soon thereafter as the hearing can be held. 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: Norman Staff: Heid Meeting Date: November 17, 2008 Item Number: AUBURN* MORE THAN YOU IMAGINED RESOLUTION NO.4 4 16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, CREATING AND ESTABLISHING A MORATORIUM FOR AN INITIAL SIX (6) MONTH PERIOD OF TIME ON THE FILING, RECEIPT, AND APPROVAL OF APPLICATIONS FOR DEVELOPMENT WITHIN AREAS OF THE CITY LOCATED WITHIN, IN WHOLE OR IN PART, DESIGNATED 100 YEAR FLOODPLAINS AS DETERMINED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY, AND SETTING. A PUBLIC HEARING FOR THE 5th DAY OF JANUARY, 2009, TO 'CONSIDER THE MORATORIUM ON THE FILING, RECEIPT AND APPROVAL OF APPLICATIONS FOR DEVELOPMENT WITHIN FLOODPLAINS WHEREAS, Section 35A.63.220 of the Revised Code of Washington (RCW) authorizes the City Council to establish a moratorium for an initial period of six months, subject to subsequent extensions, approved by separate council action, provided that a subsequent public hearing is held on the moratorium within at least sixty (60) days of its adoption, at which time findings of fact could be made; and WHEREAS, the City of Auburn has territory within its corporate boundaries that is located within both the current and the proposed Federal Emergency Management Agency (FEMA) designated 100 year floodplains; and WHEREAS, FEMA and the National Marine Fisheries Service (NMFS) have collaborated on a position paper that seeks to prevent continued degradation of existing floodplain, and to promote low impact development in floodplain areas of the region that could effect endangered species; and Resolution No. 4416 November 17, 2008 Page 1 of 4 WHEREAS, the guidelines and ultimate responses and strategies to address the FEMA/NMFS concerns have not yet been fully developed and . implemented; and WHEREAS, FEMA and NMFS have taken the position that if a permitting agency, such as the City of Auburn, grants permits in floodplain areas within its boundaries that are later determined to adversely impact the floodplains and/or endangered species, the permitting agency will be liable for the resulting "take" on endangered species; and WHEREAS, FEMA and NMFS recommend that jurisdictions that have territory within the floodplains employ moratoria to preserve and protect endangered species and, to avoid the take of such endangered species through development that does not meet their intended goals of low impact development; and WHEREAS, even though the City has implemented and enforced FEMA's minimum standards as they existed prior to this recent NMFS biological opinion, NMFS has determined that FEMA's standards are not sufficient to avoid the taking of endangered species; and WHEREAS, it is appropriate for the City to assure that any development that does occur within floodplains within the City of Auburn develops in a way that meets the requirements of FEMA and NMFS to preserve and protect endangered species, and that a moratorium to assure such compliance is appropriate until the regulations have been developed which would implement the strategies of protecting the endangered species in floodplain development. Resolution No. 4416 November 17, 2008 Page 2 of 4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Section 1. Establishment of Moratorium. The City Council hereby establishes a moratorium for an initial period of six (6) months 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. Provided, that applications for development within floodplain areas of the City may be filed, received and approved during the term of this moratorium if 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. Section 2. Terms of Moratorium. The moratorium as established and created by this resolution shall be effective on the date hereof and shall continue to be in effect for a period of six (6) months thereafter unless repealed, extended or modified by the City Council after a subsequent public hearing and the entry of appropriate findings of fact pursuant to RCW 35A.63.220. Provided, that the moratorium shall automatically expire upon the effective date of an ordinance establishing and implementing strategies to meet the FEMA/NMFS floodplain development/endangered species concerns. Section 3. Public Hearing Scheduled. That a public hearing on the proposal to impose a moratorium on the filing, receipt and approval of Resolution No. 4416 November 17, 2008 Page 3 of 4 applications for development within the City located within, in whole or in part, 100-year floodplains as determined by FEMA, shall be set for 7:30 p.m. or as soon thereafter as the matter may be heard, on the 5th day of January, 2009, at the City of Auburn City Council Chambers, Auburn City Hall, 25 West Main Street, Auburn, Washington. Section 4. Administrative Implementation. That the Mayor of the City of Auburn is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 5. Effective Date. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of , 200 CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk nOVAPPEDAS TO FO anieI B. H , City Attorney Resolution No. 4416 November 17, 2008 Page 4 of 4