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HomeMy WebLinkAbout4535 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 Page 1 of 5 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 Page 2 of 5 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 Resolution No. 4535 November 10, 2009 Page 3 of 5 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 Page 4 of 5 ATTEST: ~ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: ~ Daniel B. Heid, City Attorney Resolution No. 4535 November 10, 2009 Page 5 of 5