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Home My WebLink About4500 RESOLUTION NO. 4 5 0 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, EXTENDING THE MORATORIUM ESTABLISHED BY RESOLUTION NO. 4300, AND AS AMENDED AND EXTENDED BY RESOLUTION NUMBERS 4321, 4383, 4433 AND 4459, 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, CONTINUING TO BE EFFECTIVE FOR A PERIOD ENDING DECEMBER 15, 2009, AND SETTING A DATE FOR A PUBLIC HEARING 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. 4500 June 9, 2009 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 No. 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 No. 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 basin, 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, 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 Resolution No. 4500 June 9, 2009 Page 2 of 6 in Resolution No. 4300 as amended by Resolution No. 4321 and extended by Resolution No. 4383 and Resolution No. 4433; 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 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, in the hearing held in connection with Resolution No. 4433, the City Council heard concerns that support amending the moratorium by adding flexibility to the parameters of the moratorium by allowing some property of individual owners and permit applicants for existing lots to seek residential improvement during the moratorium so long as the residential improvement mitigates any and all impacts of storm water run- off created or increased by said residential improvement, prompting the City Council to modify the parameters of the Moratorium; and WHEREAS, the City of Auburn is currently in the process of completing an update to its Comprehensive Storm Drainage Plan. Additional time is necessary to complete the update and include future improvements that are consistent with the recommendations contained within the King County Mullen Slough Capital Improvement Project Study and Action Plan (2002); and Resolution No. 4500 June 9, 2009 Page 3 of 6 WHEREAS, the City of Auburn is also required to comply with the Phase II National Pollutant Discharge Elimination System (NPDES) storm water flow control standards, which standards are not yet completed; and WHEREAS, it is thus appropriate to extend the Moratorium to afford the City the time to complete the update to its Comprehensive Storm Drainage Plan and to complete the Phase II NPDES storm water flow control standards. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES AS FOLLOWS: Section 1. Findings of Fact. A. That the City Council re-adopts and incorporates herein by reference the findings of fact set forth in Resolution No. 4300, Resolution No. 4321, Resolution No. 4383, Resolution No. 4433 and Resolution No. 4459. The City Council also adopts the recital clauses of this Resolution as additional findings of fact to support this Resolution and the continuation of the moratorium established by Resolution No. 4300, as amended and extended by Resolution No 4321, Resolution 4383, Resolution No. 4433 and Resolution No. 4459, including the amendment to the moratorium allowing the owners of existing lots to make improvements to their single family residential property during the moratorium so long as the residential improvement mitigates any and all impacts of storm water run-off created or increased by said residential improvement, subject to the following: Residential improvement to property with in the moratorium area may be permitted where the property has existing residential 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. Residential improvement to property with in the moratorium area may also be permitted where the property has existing residential development located thereon and where the planned development would increase by more than ten percent (10%) the amount of building impervious surface over what existed on January 1, 2008, provided that the applicant shall secure the services of a professional engineer to Resolution No. 4500 June 9, 2009 Page 4 of 6 design the residential improvements to mitigate any and all impacts of storm water run- off created or increased by said residential improvement. B. 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 No. 4300, as amended and extended by Resolution No. 4321, Resolution No. 4383, Resolution No. 4433 and Resolution No. 4459. Section 2. Moratorium Continued. The moratorium established by Resolution No. 4300, as amended and extended by Resolution No. 4321, Resolution No. 4383 and Resolution No. 4433, shall continue to remain in effect for a period expiring December 15, 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. Public Hearing on Moratorium. Pursuant to RCW 35A.63.220, the City Council shall hold a public hearing on this moratorium on Monday, August 3, 2009, 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 4. 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. 4500 June 9, 2009 Page 5 of 6 Section 5. 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 ~ 204 , Peter B. Lewis, Mayor Attest Da ' Ile Daskam, City Clerk App ed as to Form: ~ aniel . H ' ity Attorney Resolution No. 4500 June 9, 2009 Page 6 of 6