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RESOLUTION NO. 4 5 3 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, EXTENDING THE
MORATORIUM CREATED AND ESTABLISHED BY
RESOLUTION NO. 4416, AS AMENDED BY
RESOLUTIONS 4442 AND 4476, RELATED TO 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
(RCV1) 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 callaborated 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
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October 19, 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 recommended 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, the City Council adopted Resolution 4442, which modified the
moratorium to assure that any development that does occur within floodplains
Resolution No. 4535
October 19, 2009
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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, taking into account the concerns expressed at
said public hearing; and
WHEREAS, FEMA and NMFS have not, as of the date of this Resolution,
provided the regulated jurisdictians with an approved model ordinance or other
guidelines sufficient to allow the City to revise its laws and policies in order to
avoid the taking of endangered species; and
WHEREAS, the purpose of the moratorium was to give these federal
agencies time to complete technical assistance for local jurisdictions, and in the
interim, limit liability to private parties and the city; and
WHEREAS, since the moratorium was first established, the City has taken
the following actions:
• City staff formed a staff floodplain moratorium working group to review
development proposals and move forward those projects that have no impact on
the floodplain (i.e. interior remodels, removal of fill or impervious surFace,
demolition, etc.)
• Staff organized and led a public information meeting on the moratorium
and Biological Opinion attended by over fifty people on December 10, 2008.
• After testimony on this issue at the public hearing on the January 5,
2009, City Council meeting, the Mayor requested that staff form a community
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October 19, 2009
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task force to assist in resolving this issue. That community task force has met
three times.
• The City Council approved an amendment to the moratorium (Resolution
No. 4442), allowing processing boundary line adjustments, environmental review
applications, and development applications on those portions of a property not
wholly impacted by the 100-year floodplain.
• Staff have continued to communicate with FEMA and NMFS, and the
City of Auburn organized a regional meeting regarding the NMFS Biological
Opinion on March 23, 2009. The meeting was attended by approximately fifty
people, including representatives from the City's community task force, six other
jurisdictions, and FEMA.
• The City Council approved an amendment to the moratorium (Resolution
No. 4476), extending the moratorium to November 18, 2009.
• Staff from Auburn, and seven other cities and counties in Western
Washington were asked to participate in a focus group and provide comments on
a model ordinance. The focus group met on August 6, 2009 and September 24,
2009 to provide review comments and discuss issues raised by the initial drafts
of the model ordinance. FEMA advises that the model ordinance is expected to
be completed and available to the affected cities early in 2010; and
WHEREAS, in order to continue to limit liability for private parties and the
City, staff is recommending extending the moratorium six months to await the
model ordinance.
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October 19, 2009
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WHEREAS, on the 19th day of October, 2009, a duly noticed public
hearing was held on the proposal to extend the moratorium, and the Auburn City
Council has considered the comments and statements made therein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. Findings. The Council adopts the recital clauses of this
Resolution as Findings of Fact, where applicable, and further finds that FEMA
and NMFS have still not provided standards to the City that allow for
development in the floodplain while adequately protecting endangered species,
necessitating an extension of the moratorium;
Section 2. Extension of Moratorium. The City Council hereby extends the
moratorium established by Resolution No. 4416, amended by Reso{ution 4442,
and extended by Resolution 4476 for an additional six (6) months from the
effective date hereof, November 2, 2009, until May 1, 2010. All other conditions
of Resolution No. 4416 as modified by Resolution No. 4442 shall remain in full
force and effect.
Section 3. Terms of Moratorium. The moratorium as established
and created by Resolution No. 4416, as modified by Resolution No. 4442, and
extended by Resolution No. 4476 and this Resolution shall continue to be in
effect for a period of six (6) months beginning November 2, 2009 unless
repealed, extended or modified by the City Council 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
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October 19, 2009
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strategies to meet the FEMA-NMFS floodplain developmenUendangered species
concerns.
Section 4. Administrative Implementation. That the Mayor 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 and on November 2,
2009.
Dated and Signed this day of , 2009.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
:APP VE AS TO FORM:
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niel B. eid, C ty ttorn y
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October 19, 2009
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