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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 URN ~a`«`..•M'.0'F i WAffflNGTON AR N EXHIBIT A iINGHEWAL8I,~DD FEET 7 Jre 1 F,an PFMTED ON 0112 21 n IL R. k ~ 1 mgr er "`y.LLJ ~ BINGAMAN t+OND ,rrcr - ; la. 4. t t .r a _ N6' - - - 167 l y~ b" ` 1 r V ~ ' T AUBURN WEST HILL CITY LIMITS APPROXIMATE' DRAINAGE BASIN LAND USE MORITORIUM AREA* PARCELS 'PROPERTIES ON THE BOUNDARY WILL 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 'T Ir ~t, ~ ~ Y4 r J V ~ ~ _ t f x H 1 -t, iii ~ t ,~~Y~ ~ 1~~ t( A~L~~ ~ ~•7~-=-~f 7 i n~ 1 p r Cat f I ~4 YJ1~C 11 ~LI J. \ I f { i_,T c~ "A 41 l 31 Y / 1 +1 ~ w 11S ~ `t t Z {T< b. v -IA L VIII I R,' r r F ( r J IV- CONTOURS 10 FT APPROXIMATE DRAINAGE BASIN cervumrrs ~v. LAND USE MORATORIUM AREA y j PARCELS . PROPOSED EXCLUSION TO LAND USE MORATORIUM AREA