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Home My WebLink About08-03-2009 ITEM II-A-1CIN OF AGENDA BILL APPROVAL FORM — WASHINGTON Agenda Subject: Date: Moratorium Established by Resolution No. 4300 July 29, 2009 Department: Attachments: Budget Impact: Public Works Resolution Nos. 4300, 4321, 43837 4433, 4459 and 4500. Administrative Recommendation: City Council conduct a hearing on the extension of the moratorium on the filing of land use applications, 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. Background Summary: Resolution No. 4300, adopted January 22, 2008, and extended and amended by Resolution Nos. 4321, 43831 4433 and 4459 established moratorium on the filing of land use applications, 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 which moratorium was extended for an additional six- month period by Resolution No. 4500 on June 15, 2009. The moratorium is due to expire on December 15, 2409. A hearing is required on the proposed extension of the moratorium. W0803-12 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Sete. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board ❑Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ other ❑ Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Cali for Public Hearing 1 1 Referred to Until 1 1 Tabled Until I 1 Councilmember: Wagner Staff: Dowd MeetingDate: August 3, 2009 Item Number: II.A.1 AUBUIRN * MORE THAN YOU IMAGINED RESOLUTION NO. 4 3 0 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, ESTABLISHING A MORATORIUM ON THE FILING OF LAND USE APPLICATIONS,' BUILDING, AND GRADING PERMIT APPLICATIONS IN THE DRAINAGE AREA CONTRIBUTING SURFACE FLOWS TO MILL CREEK TRIBUTARIES 0045, _00471 0048 AND 0053 AS IDENTIFIED BY KING COUNTY AND AS DEFINED WITHIN THIS RESOLUTION, TO BE EFFECTIVE FOR A PERIOD OF SIX MONTHS AND SETTING A DATE FOR A PUBLIC HEARING WHEREAS, the City of Auburn and King County have entered into an Interlocal agreement relating to the annexation of the West Hill Potential Annexation Area by 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 has not occurred. 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 finds the following Findings of Fact: Resolution No. 4300 January 22, 2008 Page 1 of 4 A. The drainage area lies mostly within the boundaries of the area on West Hill recently annexed to the City of Auburn and is within the drainage basin area that contributes surface water flows into Mill Creek tributaries 0045, 00471 0048 and 0053; B. Unincorporated King County records demonstrate a long history of surface water complaints and problems within the subject area; C. King County has conducted a detailed analysis identified as the Mullen Slough Capital Improvement Project Study and Action Plan 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; D. Development in the subject area has resulted in increased storm water runoff from those developed properties and has created chronic flooding throughout the subject area; E. RCW 35A.83.220 establishes a process whereby the City can establish a moratorium; F. Approval of applications for building permits and land use applications that would result in increased impervious surfaces or for grading activities that would result in the removal of vegetation and other earth manipulating activities that would likely exacerbate identified drainage problems; G. The City.of Auburn finds that it is in the public interest to enact a moratorium in order to allow adequate time to identify resources to regulate the land use in the Drainage Area Contributing Surface Flows to !Mill creek Tributaries 0045, 00471 0048 and 0053, as identified by King County and as defined herein, so that the city will be ------------ _---- Resolution No. 4300 January 22, 2008 Page 2 oto able to implement recommendations offered within the Mullen Slough Capital Improvement Project Study and Action Plan. Section 2. Moratorium Established. A moratorium is hereby established, to be effective immediately. No 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 set forth in Exhibit "A" attached hereto and incorporated herein by this reference during the effective period of this moratorium. Section 3. Effective Period of Moratorium. The moratorium established by this Resolution shall remain in effect for six months 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 4. Public Hearing on Moratorium. Pursuant to RCW 35A.53.220, the City Council shall hold a public hearing on this moratorium on Tuesday, February 19, 2008 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 (50) day time period provided in RCW 35A.03.220. Section 5. 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. 4300 January 22, 2008 Page 3 of 4 Section 6. Effective Date. This Resolution shall take effect and be in full force upon adoption. PASSED by the City Council this ��``� day of 2008. `✓ Pester 6. Lewis, Mayor Attest: ZI LI Danielle Daskam, City Clerk Aoproved as to Form: J eph N. Beck, Assistant city Attorney --------------- Resolution No. 4300 January 22, 2008 Page 4 of 4 VIA AIT ; W, .... ........ min RESOLUTION NO. 4 3 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING THE MORATORIUM ESTABLISHED BY RESOLUTION NO. 4300 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 JULY 221 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 Pian (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 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. 4321 March 3, 2008 Page 1 of 4 WHEREAS, pursuant to RCW 35A.03.220, 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, it is appropriate that the moratorium be modified as to geographic area, culling from the moratorium area properties that are on the valley floor rather than on the hill- side, so that the property owners may work with the City to seek solutions to the drainage that affects their valley floor property; and WHEREAS, in light of the testimony and information provided at said public hearing, it is also appropriate that the moratorium be modified as to the scope of development that is restricted, permitting smaller improvement projects that do not significantly increase building impervious surface. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Moratorium Amended. The moratorium established by Resolution No. 4300 is hereby amended to restrict the City's acceptance, during the term of the moratorium of any applications for new development building permits, or for grading permits or land use approvals in the amended moratorium area as described and set forth in the map identified as Exhibit "A" attached hereto and incorporated herein by this reference. Where there may be a conflict between the description of territory included and excluded from the moratorium and Exhibit "A", Exhibit "A" shall control. For the purposes hereof, a building permit for an addition to a previously developed property shall not constitute a "new development building permit" where the property has existing building 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. _..�.,_w..-_..__..____ Resolution No. 4321 March 3, 2008 Page 2 of 4 Section 2. Effective Period of Moratorium. The moratorium established by Resolution No. 4300 and amended by this Resolution shall remain in effect for a period expiring July 22, 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 Pian. 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 8. Effective Date. This Resolution shall take effect and be in full force upon adoption. PASSED by the City Council this day of 2008. Peter B. Lewis, Mayor ----------------- Resolution No. 432' March 3, 2008 Page 3 of 4 Attest j Danielle Daskam, City clerk Approved as to .Form: Resolution No. 4321 March 3, 2008 Page 4 of 4 p .• ]Fi f :1 i j Ay j a i , :h �: -:. �-^� � �� i �S. 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RESOLUTION 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 43211 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 Resolution No. 4383 July 16, 2068 Page 1 of 4 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, Ding 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 30.70A.390, the State Constitution, Art. Xl, §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 Resolution No. 4383 July 16, 2008 Page 2 of 4 Wn. App. 641 (1995) and Tahoe -Siena 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 fora 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 Creep 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. ----------------- Resolution No. 4383 July 16, 2008 Page 3of4 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 r day of6c 2008. i� Peter B. Lewis, Mayor Attest Danielle Daskam, City Clerk Approved as to Form: .'00e Daniel B. Heid, City AtKrney - - - - - - - - - - - - - - - - - Resolution No. 4383 July 16, 2008 Page 4 of 4 RESOLUTION NO.4 4 3 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RENEWING THE MORATORIUM ESTABLISHED BY RESOLUTION NO. 43001 AS AMENDED BY RESOLUTION NO. 4321 AND EXTENDED BY RESOLUTION NO. 43839 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 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 _________________ Resolut"ion No. 4433 December 5, 2008 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.83.220, 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, Ding 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 deaf 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 Resolution No. 4433 December 5, 2008 Page 2 of 6 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 FEMA and NMFS, the City adopted Resolution 4410 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, a developer has come forward and secured development rights over the majority of the properties that the original moratorium was established to protect from upstream impacts. Through a meeting with City and King County staff the developer has determined that he may be able to resolve many of the historic drainage issues by combining the individual properties into a common development to allow him to have sufficient property to mitigate the foreseeable flooding and wetland impacts of the 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 4300 as amended by Resolution 4321 and extended by Resolution 4383; and Resolution No. 4433 December 8, 2008 Page 3 of 6 WHEREAS, RCW 35.53.200, RCW 35A.53.220 and RCW 35.70A.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 35.53.200, 35A.53.220 and 35.70A.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 578 (1998), Matson v. Clark County Board of Commissioners, 79 Wn. App. 841 (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, even though the developer believes that he can resolve the historic drainage issues on the affected properties, the FEMAINMFS requirements will require the developer to not only resolve drainage, but to do so in a manner that mitigates any potential "take" of endangered species. Until FEMAINM FS provides guidance, 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 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES AS FOLLOWS: Section 1. Findings of Fact. 1. That the City Council re -adopts and incorporates herein by reference the findings of fact set forth in Resolution 4300, Resolution 4321, and Resolution 4383. The City Council also adopts the recital clauses of this Resolution as additional findings of Resolution No. 4433 December 5, 2008 Page 4 of 6 fact to support this Resolution and the continuation of the moratorium established by Resolution No. 4300, as amended by Resolution No 4321 and extended by Resolution 4383. 2. 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 4300, as amended by Resolution 4321 and extended by Resolution 4383. Section 2. Moratorium Extended. The moratorium established by Resolution No. 4300, as amended by Resolution No 4321 and previously extended by Resolution 4383, shall 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. Resolution No. 4433 December 5, 2008 Page 5 of 6 Section s, Effective Date., This Resolution shall take effect and be in full force upon adoption. PASSED b the Ci Council this/5.-'�dayof .s�2008. Y tY Pethr B. Lewis, Mayor Attest Danielle Daskam, City Clerk Approved as to Form: Resolution No. 4433 December 6, 2008 Page 6 of 6 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, 00471 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 Page 1 of 6 WHEREAS, pursuant to RCW 35A.03.220, 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, 2909 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 35.70A 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 35.53.200, 35A.63.220 and 36.70A.390, the State Constitution, Art. Xl, §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 578 (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 ----------------- Resolution No. 4459 March 16, 2099 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 Page 4 of 6 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 fi. Effective Date. This Resolution shall take effect and be in full force upon adoption. PASSED by the City Council this Y a of k�..J' 2008. Peter B. Lewis, Mayor Resolution No. 4459 March 16, 2009 Page 5 of 6 Attest Dan' Ile Daskam, City Clerk Ap v to F m: Daniel B. Heid, City Attorney ---------------- Resolution No. 4459 March 16, 2009 Page 6 of 6 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 43219 43839 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.83.220, 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 38.70A 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. 4504 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 30.70A.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. SCI, §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 9,20 09 Page 3 of 6 WHEREAS, the City of Auburn is also required to comply with the Phase 11 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 11 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 151 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 vilest 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 200 Peter B. Lewis, Mayor Attest all 4Da't' IlDaskam, City Clerk ApPxV ed as to Form: f Li it a n i e l . H ity Attorney Resolution No. 4500 June 9, 2000 Page 6 of 6