HomeMy WebLinkAbout4416RESOLUTION NO. 4 4 1 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, CREATING AND ESTABLISHING
A MORATORIUM FOR AN INITIAL SIX (6) MONTH PERIOD
OF TIME ON THE FILING, RECEIPT, AND APPROVAL OF
APPLICATIONS FOR DEVELOPMENT WITHIN AREAS OF
THE CITY LOCATED WITHIN, IN WHOLE OR IN PART,
DESIGNATED 100 YEAR FLOODPLAINS AS DETERMINED
BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY,
AND SETTING A PUBLIC HEARING FOR THE 5th DAY OF
JANUARY, 2009, TO CONSIDER THE MORATORIUM ON
THE FILING, RECEIPT AND APPROVAL OF APPLICATIONS
FOR DEVELOPMENT WITHIN FLOODPLAINS
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 Agency (FEMA) designated 100 year 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
Resolution No. 4416
November 17, 2008
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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
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, it is appropriate for the City 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 strategies of protecting the endangered species in floodplain development.
Resolution No. 4416
November 17, 2008
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
HEREBY RESOLVES as follows:
Section 1. Establishment of Moratorium. The City Council hereby
establishes a moratorium for an initial period of six (6) months 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. Provided,
that applications for development within floodplain areas of the City may be filed,
received and approved during the term of this moratorium if 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.
Section 2. Terms of Moratorium. The moratorium as established
and created by this resolution shall be effective on the date hereof and shall
continue to be in effect for a period of six (6) months thereafter unless repealed,
extended or modified by the City Council after a subsequent public hearing and
the entry of appropriate findings of fact pursuant to RCW 35A.63.220. Provided,
that the moratorium shall automatically expire upon the effective date of an
ordinance establishing and implementing strategies to meet the FEMA/NMFS
floodplain development/endangered species concerns.
Section 3. Public Hearing Scheduled. That a public hearing on
the proposal to impose a moratorium on the filing, receipt and approval of
Resolution No. 4416
November 17, 2008
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applications for development within the City located within, in whole or in part,
100-year floodplains as determined by FEMA, shall be set for 7:30 p.m. or as
soon thereafter as the matter may be heard, on the 5th day of January, 2009, at
the City of Auburn City Council Chambers, Auburn City Hall, 25 West Main
Street, Auburn, Washington.
Section 4. Administrative Implementation. That the Mayor of the City
of Auburn 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 , 200
bF AUBURN-1-1
TER B. LEWIS
MAYOR
ATTEST:
t~ J
Danielle E. Daskam, City Clerk
APPROVED S TO FO
f
aniel B. H , City Attorney
Resolution No. 4416
November 17, 2008
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