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RESOLUTION NO. 4 4 5 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING THE MORATORIUM
ESTABLISHED BY RESOLUTION NO. 4300, AND AS
AMENDED AND EXTENDED BY RESOLUTION NUMBERS
4321, 4383 AND 4433, 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 JUNE 30, 2009
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
approvals shall be accepted in the area as defined therein during the effective period of
this moratorium; and
Resolution No. 4459
March 16, 2009
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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 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 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 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, during the extension period of the moratorium, the City received a
letter dated October 21, 2008 from the Federal Emergency Management Agency
("FEMA"). That letter stated that the National Marine Fisheries Service ("NMFS") was
requiring FEMA to modify implementation of the National Flood Insurance Program in
such a manner to address NMFS' requirements for mitigating potential "takes" of
endangered species as those requirements relate to development in floodplains; and
WHEREAS, in order to ensure that development that does occur within
floodplains within the City of Auburn respond in a way that meets the requirements of
Resolution No. 4459
March 16, 2009
Page 2 of 6
FEMA and NMFS, the City adopted Resolution 4416 on November 17, 2008, placing a
moratorium 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 unless
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; 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 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. C/ark County Board of Commissioners, 79
Wn. App. 641 (1995) and Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional
P/anning 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
Resolution No. 4459
March 16, 2009
Page 3 of 6
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.
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, and Resolution No. 4433. 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 and Resolution No. 4433, and further amends the
moratorium by 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 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
Resolution No. 4459
March 16, 2009
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established in Resolution No. 4300, as amended and extended by Resolution No. 4321,
Resolution No. 4383 and Resolution No. 4433.
C. That the City Engineer is authorized to modify the boundaries of the area
included within this Moratorium to conform to the boundaries of existing lots where the
previous area delineations cross through existing individual parcels, so long as such
modifications are consistent with the purposes of this Moratorium.
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 June 30,
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. 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. -
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PASSED by the City Council this day of ~3-~cc-_X_.~2008.
FL -
Peter B. Lewis, Mayor
Resolution No. 4459
March 16, 2009
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Attest
Dan) Ile Daskam, City Clerk
Ap v to F m:
Daniel B. Heid, City Attorney
Resolution No. 4459
March 16, 2009
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