HomeMy WebLinkAboutITEM II-A-1
CITY OF
AGENDA BILL APPROVAL FORM
WASHINGTON
Agenda Subject: Date:
Moratorium Established b Resolution No. 4300 December 9, 2008
Department: Attachments: Budget Impact:
Public Works Resolution Nos. 4433, 4300, 4321
and 4383
Administrative Recommendation:
City Council to conduct a public hearing on December 15, 2008 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 (See Item VIII. B. 8, Resolution No. 4433, for further action on this item.).
Background Summary:
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 period by Resolution No. 4383 on July 21,
2008. The moratorium is due to expire on December 31, 2008.
A hearing is required on the proposed extension of the moratorium.
W1215-9
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
Meeting Date: December 15, 2008 Item Number: II.A.1
AUBURN* MORE THAN YOU IMAGINED
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 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. 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
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
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 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, 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 Resolution 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 day of 2008.
Peter B. Lewis, Mayor
Attest
Danielle Daskam, City Clerk
Approved as to Form:
aniel B. Hei 'ty Attorn y
Resolution No. 4433
December 5, 2008
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 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 ~Wv-t~-ay4 2008.
Peter . Lewis, Mayor
Attest:
Danielle Daskam, City Clerk
A roved as to Form:
100
J eph N. Beck, Assistant City Attorney
Resolution No. 4300
January 22, 2008
Page 4 of 4
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AUBURN WEST HILL
CITY LIMITS
APPROXIMATE' DRAINAGE BASIN
LAND USE MORITORIUM AREA*
PARCELS
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BE REVIEWED ON A CASE BY CASE BASIS.
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 rf day of 2008.
Pete B. Lewis, Mayor
Resofution No. 4321
March 3, 2008
Page 3 of 4
Attest
Danielle Daskam, City Clerk
Approved as to Form:
7
D el B. Heid, ity A y
Resolution No. 4321
March 3, 2008
Page 4 of 4
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