HomeMy WebLinkAboutITEM VIII-B-1u
CITYOF
~ _ ~
~
14WWASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Adoption of Resolution No. 4476, extending for six
Date: April 22, 2009
months. the moratorium on development within the 100-year FEMA
flood lain
Department: Planning
Attachments: Resolution No. 4476
Budget Impact: none
Administrative Recommendation:
City Council adopt Resolution No. 4476.
Background Summary:
On November 17, 2008, Auburn City Council enacted an initial six month moratorium on development
within the Federal Emergency Management Agency (FEMA) identified 100-year floodplain. This
moratorium was issued as a result of the finding by the National Marine Fisheries Service (NMFS) that
administration of the National Flood Insurance Program jeopardizes Endangered Species. The purpose
of the moratorium was to give these federal agencies time to complete technical assistance for local
jurisdictions, and in the interim, limit liability to private parties and the city.
Since the November 17th Council meeting, City staff has taken the followinq actions:
• City staff formed a staff floodplain moratorium working group to review development proposals and
move forward those projects thathave no impact on the floodplain (i.e. interior remodels, removal of fill
or impervious surface, demolition, etc.)
• Staff organized and led a public information meeting on the moratorium and Biological Opinion on
December 10'h. Over 50 people were in attendance.
• After testimony on this issue at the January 5`h Council public hearing, the Mayor requested that
Planning Staff form a community task force to assist in resolving this issue.
• Council approved an amendment to the moratorium (Resolution No. 4442), allowing processing of
boundary line adjustments, environmental review applications, and development applications on those
portions of a property not wholly impacted by the 100-year floodplain.
• The community task force has met three times, and is scheduling another meeting for mid to late May.
• Staff have been communicating with FEMA and NMFS, and Auburn organized a regional meeting on
the Biological Opinion on March 23rd. There were close to 50 people in attendance, and representatives
from our community task force, six other jurisdictions, and FEMA.
L0504-2 03.10.8 I
Reviewed by Council 8 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 I
Council Approval: ❑Yes ❑No Call for Public Hearing 5/ 18 / 2009 ,
Referred to Until
Tabled Until
Councilmember: Norman
Staff: Baker
Meetin Date: Ma 4, 2009
Item Number: VI11.B.1
AU$j,,jRN* MORE THAN YOU IMAGINED
Agenda Subject: Adoption of Resolution No. 4476, extending for six Date: April 22, 2009
months. the moratorium on development within the 100-year FEMA
FEMA currently estimates that a model ordinance will complete the Endangered Species Act review
process this Fall and be available for local jurisdictions to adopt. In the meantime, in order to continue to
limit liability for private parties and the City, staff is recommending extending the moratorium six months to
await the model ordinance.
Page 2 of 2
RESOLUTION NO. 4 4 7 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, EXTENDING THE MORATORIUM
CREATED AND ESTABLISHED BY RESOLUTION NO. 4416, AS
AMENDED BY RESOLUTION NO. 4442, RELATED TO THE
FILING, RECEIPT, AND APPROVAL OF APPLICATIONS FOR
DEVELOPMENT WITHIN AREAS OF THE CITY LOCATED
WITHIN, IN WHOLE OR IN PART, FLOODPLAINS AS
DETERMINED BY THE FEDERAL EMERGENCY
MANAGEMENT ADMINISTRATION
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
Administration (FEMA) designated 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
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
Resolution No. 4476
April 28, 2009
Page 1 of 4
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, pursuant to Resolution No. 4416, the Auburn City Council created
and established a moratorium on the filing, receipt and approval of applications for
development within areas of the City located within, in whole or in part, floodplains as
depicted in the most currently approved floodplain maps as published by FEMA, and
scheduled a public hearing for January 5, 2009 as required by statute; and
WHEREAS, following the public hearing on the moratorium heard on January 5,
2009, the City Council adopted Resolution No. 4442, which modified the moratorium 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
Resolution No. 4476
April 28, 2009
Page 2 of 4
strategies of protecting the endangered species in floodplain development, taking into
account the concerns expressed at said public hearing; and
WHEREAS, pursuant to Section 35A.63.220 RCW, a public hearing was held on
this date, wherein persons wishing to express their thoughts and concerns about the
proposed moratorium extension were afforded the opportunity to do so.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. Findings. The Council adopts the recital clauses of this Resolution,
and those of Resolution Numbers 4416 and 4442, as Findings of Fact, where
applicable, and further finds that FEMA and NMFS have still not provided standards to
the City that allow for development in the floodplain while adequately protecting
endangered species, necessitating an extension of the moratorium;
Section 2. Extension of Moratorium. The City Council hereby extends the
moratorium established by Resolution No. 4416 and amended by Resolution 4442 for
an additional six (6) months after the expiration of the moratorium period provided for in
Resolution 4416. Atl other conditions of Resolution 4416 as modified by Resolution
4442 shall remain in full force and effect.
Section 3. Terms of Moratorium. The moratorium as established and
created by Resolution No. 4416, as modified by Resolution 4442, and extended by this
Resolution shall continue to be in effect for a period of six (6) months beginning May 18,
2008 unless repealed, extended or modified by the City Council in accordance with
RCW 35A.63.220. Provided, that the moratorium shall automatically expire upon the
Resolution No. 4476
April 28, 2009
Page 3 of 4
effective date of a City of Auburn ordinance establishing and implementing strategies to
meet the FEMA/NMFS floodplain development/endangered species concerns.
Section 4. Administrative Implementation. That the Mayor 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 12009.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
zR~
APP VED '~ity O kRM.ri,
Danie B
4-4 . Resolution No. 4476
April 28, 2009
Page 4 of 4