HomeMy WebLinkAbout4442RESOLUTION NO. 4 4 4 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, MODIFYING THE
MORATORIUM CREATED AND ESTABLISHED BY
RESOLUTION NO. 4416 FOR THE REMAINDER OF THE
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,
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
Resolution No. 4442
January 14, 2009
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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, 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, it is appropriate for the City Council to modify the moratorium to
assure that any development that does occur within floodplains within the City of
Resolution No. 4442
January 14, 2009
Page 2 of 5
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, taking into account the concerns expressed at said public hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
HEREBY RESOLVES as follows:
Section 1. Modification of Moratorium. The City Council hereby
modifies the moratorium established by Resolution No. 4416 for the remainder of
the initial period of six (6) months provided by said Resolution 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. Provided, that (1) 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; (2) applications for development within floodplain areas
of the City shall not fall within the scope of this moratorium if the development
activity is located completely on the portion of a parcel lying outside of the
floodplain and the applicant clearly demonstrates that no part or aspect of the
development impacts the floodplain; (3) applications for boundary line
Resolution No. 4442
January 14, 2009
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adjustments of parcels of property located partially within and partially outside of
floodplain areas of the City do not fall within the scope of this moratorium if the
boundary line adjustment merely reconfigures existing lots so that one or more
lot(s) lie(s) outside of the floodplain, all other requirements for boundary line
adjustments in the City Code are met, and the applicant clearly demonstrates
that the boundary line adjustment does not otherwise impact the floodplain; and
(4) environmental review of projects under the State Environmental Policy Act
(SEPA) affecting properties within or near the floodplain do not fall within the
scope of this moratorium so long as the applicants for environmental review
acknowledge in writing their understanding and agreement that such
environmental review does not grant any rights to develop the property that is
subject of the environmental review.
Section 2. Terms of Moratorium. The moratorium as established
and created by Resolution No. 4416 and as modified by this Resolution shall
continue to be in effect for a period of six (6) months after the date of passage of
Resolution No. 4416 (November 17, 2008) unless repealed, extended or
modified by the City Council to in accordance with RCW 35A.63.220. Provided,
that the moratorium shall automatically expire upon the effective date of a City of
Auburn ordinance establishing and implementing strategies to meet the
FEMA/NMFS floodplain development/endangered species concerns.
Section 3. Administrative Implementation. That the Mayor is
authorized to implement such administrative procedures as may be necessary to
carry out the directives of this legislation.
Resolution No. 4442
January 14, 2009
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Section 4. 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~
CITY OF RN ~
~
PETERIB. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP~VE FOR
r~
Daniel B. Heid, City Atto ney
Resolution No. 4442
January 14, 2009
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