HomeMy WebLinkAbout4383RESOLUTION NO. 4 3 8 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, 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 DECEMBER 31, 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 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
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
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Resolution No. 4383
July 16, 2008
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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, 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, King County and the City held a public meeting on June 25th to
review the draft study findings and recommended improvements with affected property
owners, 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
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
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Resolution No. 4383
July 16, 2008
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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, 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
WHEREAS, the City Council held a public hearing on extending the moratorium
on July 21, 2008, and has considered the testimony and information presented at that
hearing, and
WHEREAS, the City Council therefore 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.
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 hereby re-adopts and
incorporates herein by this reference the findings of fact set forth in Resolution 4300
and those in Resolution 4321. The City Council also adopts the foregoing "whereas"
provisions as additional findings of fact to support this Resolution and the continuation
of the moratorium established by Resolution No. 4300 as amended by Resolution No
4321.
Section 2. Moratorium Extended. The moratorium established by Resolution
No. 4300, as amended by Resolution No 4321, shall remain in effect for a period
expiring December 31,2008, 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.
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Resolution No. 4383
July 16, 2008
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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 ??I t day of 6z,2008.
Peter B. Lewis, Mayor
Attest
V?
Danielle Daskam, City Clerk
Approved as to Form:
Daniel B. Heid, City Atffrney
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Resolution No. 4383
July 16, 2008
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