HomeMy WebLinkAbout4321RESOLUTION NO. 4 3 2 1
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
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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.
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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 ` day of 2008.
Peter B. Lewis, Mayor
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Resolution No. 4321
March 3, 2008
Page 3 of 4
Attest
Danielle Daskam, City Clerk
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Resolution No. 4321
March 3, 2008
Page 4 of 4
Approved as to Form: