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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 THEFILING, RECEIPT, AND APPROVAL OF APPLICATIONS
FOR DEVELOPMENT WITHIN AREAS OF THE CITY
LOCATED WITHIN, IN WHOLE OR IN PART,
FLOODPLAINS AS DETERMWED BY THE FEDERAL EMERGENCY MANAGEMENT ADMINISTRATION
WHEREAS, Section 35A.63.220 of the Revised Code of Washington
(RCW) authorizes the City Council to establisfi 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. 4535
November 10, 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
r
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 No. 4442, which modified
the moratorium to assure that any development that does occur within floodplains l
Resolution No. 4535
November 10, 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 jurisdictions 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, 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,
HEREBY.RESOLVES as follows:
Section 1. Findinqs. 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 Resolution No.
4442, and extended by Resolution No. 4476 for an additional six (6) months, until
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November 10, 2009
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May 18, 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 18, 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
strategies to meeVthe FEMA/NMFS floodplain development/endangered 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.
Dated and Signed this ~ day of~~~ , 2009.
CITY OF AUBURN
~
PETE B. LEWIS
MAYOR
Resolution No. 4535
November 10, 2009
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ATTEST:
~
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
~ Daniel B. Heid, City Attorney
Resolution No. 4535
November 10, 2009
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