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HomeMy WebLinkAbout5187 RESOLUTION NO. 5 1 8 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ESTABLISHING A MORATORIUM ON ACCEPTANCE OR PROCESSING OF APPLICATIONS AND OTHER LICENSES, PERMITS AND APPROVALS FOR RESIDENTIAL USES IN PROPERTY WITHIN THE C-1, LIGHT COMMERCIAL ZONE WHEREAS, the current provisions of the Auburn City Code (ACC) provide for a C-1, Light Commercial Zone; and WHEREAS, the C-1, Light Commercial Zone provisions, Paragraph C of Section 18.23.020, ACC, identify its intent as follows: The C-1 zone is intended for lower intensity commercial adjacent to residential neighborhoods. This zone generally serves as a transition zone between higher and lower intensity land uses, providing retail and professional services. This zone represents the primary commercial designation for small to moderate-scale commercial activities compa4ible by having similar performance standards and should be developed in a manner which is consistent with and attracts pedestrian-oriented activities. This zone encourages leisure shopping and provides amenities conducive to attracting shoppers and pedestrians; and WHEREAS, the current provisions of the Auburn City Code, ACC 18.23.030, identify a number of permitted uses for the C-1 zoning district, including: Storage — Personal household storage facility (mini-storage); Commercial recreation facility, indoor; Meeting facility, public or private; Movie theater, except drive-in; Religious institutions, lot size less than one acre; Refigious institutions, lot size more 4han one acre; Studio — Art, dance, martial arts, music, etc.; Caretaker apartment; Live/work or work/live unit; Multi-family dwellings as part of a mixed-use development; Nursing home, assisted living facility; Groceries, specialty food stores; Outdoor displays and sales associated with a permitted use (auto/vehicle sales not included in this category); Restaurant, cafe, coffee shop; Community retail establishment; Neighborhood retail establishment; Tasting room; Tavern; Wine production facility, small craft distillery, small craft brewery; and all sales and services (excluding kennels and veterinary clinics); Banking and related financial institutions, excluding drive-through facilities; Catering services; Day care, including me day care, day care center, preschools Resolution No. 5187 November 17, 2015 Page 1 of 6 or nursery schools; Dry cleaning and laundry services (personal); Hospitals; Lodging-hotel or motel; Medical-dental clinic; Mortuary, funeral home, crematorium; Personal service shops; Pharmacies; Print and copy shop; Professional offices; Veterinary clinic, animal hospital; Broadcasting studio; Parking facilities, public or commercial, surFace; Parking facilities, public or commercial, structured; Other uses may be permitted by the planning director or designee if 4he use is determined to be consistent with the intent of the zone and is of the same general character for the uses permitted. See ACC 18.02.120 (C)(6), unc�assified uses; and WHEREAS, the current provisions of the Auburn City Code, ACC 18.23.030, identify a number of administratively permitted uses for the C-1 zoning district, including: Library, museum; Private school-specialiied education/training (forprofit); Senior housing; Convenience stbre; Drive-through espresso stands; Drive-through facilities including banks and restaurants; Entertainment, commercial; Animal day care (excluding kennels and animal boarding); Government fac'ilities, this excludes offices and related uses that are permitteii outright; Printing and publishing (books, newspapers and other printed matter); Repair services- equipment, appliances; Utility transmission or distribution line or substation; Automobile washes (automatic, full or self-service); Auto parts sales with installation services; Auto/vehicle sales and rental; Fueling station; Any commercial use abutting a residential zone which has hours of ope.ration outside of the following: Sunday: 9:00 am to 10:0 pm or Monday-Saturday 7:00 am to 10:00 pm; and WHEREAS, questions have surfaced in terms of how residential uses fit within the intended commercial transitional uses of the C-1 zone and what residential uses should be permitted outright, conditionally permitted or permitted administratively in the C-1 zone, as well as how this may affect what areas of the City should be designated as C-1 zone properties; and WHEREAS, in order to give the City adequate time to fully consider all the options and alternatives for appropriate regulations, and to fully investigate and review Resolution No. 5187^ November 17, 2015 Page 2 of 6 all of the factors involved with residential uses in the C-1 zone and with designating which areas of the City should be located within the C-1 zone, the City needs to impose a moratorium on accepting and processing applications for any residential uses in the current C-1 zone, until its review of needed regulations and its adop4ion and implementation of needed regulations can be completed; and WHEREAS, RCW Sections 35A.63.220 and 36.70A.390 authorize cities to adopt moratoria; and WHEREAS, consistent with the provisions of RCW 35A.63.220, it is appropriate for the City Council to hold public hearings and to authorize the holding of public hearings and/or other means to gather information and adopt findings of fact supporfing and justifying the moratorium, and to implement a work plan for review of the issues related to residential land uses in the C-1 light commercial zone and related to the designation of areas of the City to be located in the C-1 light commercial zone, in the development of and/or amendment to the City's business and land use regulations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. Moratorium Established. Pursuant to RCW 35A.63.220, a moratorium is hereby imposed prohibiting fhe City from receiving and/or processing any applications for any re.sidential uses in any C-1 zoning districts in the City of Auburn, Section 2. Term of Moratorium, The moratorium imposed by this resolution shall become effective on the date hereof, and shall continue in effect for an initial period of one year, unless repealed, extended or modified by the City Council after subsequent public hearing(s) and entry of appropriate findings of fact pursuant to RCW Resolution No 5187 November 17, 2015 Page 3 of 6 35A.63.220, provided that the moratorium shall automatically expire upon the effective date of business licensing, zoning and land use regulations adopted by the City Council to address residential uses in the C-1 zone and C-1 land uses in the City of Auburn. Section 3. Preliminary Findings. The following preliminary findings of fact are hereby adopted: A. That current permitted C-1 land uses include residential uses, including caretaker apartments, live/work and work/live units, multi-family dwellings as part of a mixed-use development, standalone multiple-family dwellings, nursing home and assisted living facilities, and senior housing, which residential uses raise the question of consistency with the intended purposes of the C-1 zoning district, which residential uses have the poten4ial for significant impacts on abutting commercial prbperties and adjacent properties in the community. B. That current designation of C-1 zoned properties, likewise, has the potential for significant impacts on commercial and residential neighborhoods and the community, depending on allowed and permitted uses. C. That because of the potential impacts of these uses and designations, there is a need to fairly and reasonably evaluate, consider options and develop appropriate legislation that satisfactorily addresses the C-1 residential use concerns and related impacts on the City. D. It is appropriate for City staff to collect and compile documentation, information, testimony and statements of concerned citizens of the City and of other persons interested in or familiar with the issues of C-1 residential uses, and consider their impacts in order to fully explore ways to protect the City and its citizens from the adverse impacts of such uses. Section 4. Conclusion. Based on the above Findings of Fact, the City Council concludes that the City has the authority to establish a moratorium, and that it is appropriate and necessary to establish a moratorium to evaluate impacts, consider options and decide how best to identify permitted C-1 residential uses and identification of properties to be designated as being within the C-1 zoning district, as a stop-gap measure in order to 1) provide the City with an opportunity to study the pertinent issues Resolution No. 5187 November 17, 2015 Page 4 of 6 and alternatives; and 2) protect the health, safety and welfare of the citizens of Auburn by ameliorating the adverse impacts of C-1 related residential uses. Section 5. Work Plan. The following work plan is adopted to address the issues involving C-1 light commercial zone designation and residential land use and related regulations: A. That the City of Auburn Planning Commission is authorized and directed to hold public hearings and public meetings to fully receive and consider statements, testimony, positions and other documentation or evidence related to the issues of permitted residential land uses of the C-1 and designation of properties in the C-1 zoning district. B. That the Planning Commission and City staff are authorized and directed to review the experiences of other jurisdictions, the status of legal cases, and statistical data, information, studies and other evidence compiled by other municipalities, of the implications and options for light commercial zone related uses and busines.ses as identified in the Aubum City Code, and to review State and Federal law and any other information that is pertinent to considerafion thereof. C. That the City of Auburn Planning Comrimission shall work with City staff and the citizenry of the City to develop prbposals for C-1 zoning district permitted uses, and related considerations, to be forwarded in their recommendations to the City Council for inclusion in ordinances and ultimate adoption as a part of the City Codes of the City of Auburn. D. That the Mayor, in consultation with the City Attorney, the Director of Community Development and Public Works and other staff, shall periodically advise and report to the City Council as to the status of hearings, meetings and information development regarding activities of the Planning Commission and City staff relative to the evaluation, consideration and development of regulations, and options, related to properties and land uses in a light commercial zoning district, with such reports to be scheduled approximately every six (6) months or as appropriate throughout the period of the moratorium and any extensions thereof, until adoption of comprehensive ordinance and regulations are developed, adopted and implemented, relating to C-1 property designations and related land uses and businesses becoming effective in conjunction with the termination of the moratorium referred to in fhis Resolution. Section 6. Public Hearing. A public hearing shall be scheduled for 7:00 p.m. or as soon thereafter as 4he matter may be heard, on the 19`h day of January, Resolution No 5187 November 17, 2015 Page 5 of 6 2016, in City Council Chambers, 25 West Main Street, Auburn, Washington 98001, to hear and consider the comments and testimony of those wishing to speak at such public hearing regarding the moratorium. Section 7. Severability. If any sections, sentence, clause or phrase of this Resolution shall be held to be invalid or unconstitutional by a court of competent jurisdiction, or its application held inapplicable to any person, property or circumstance, such invalidi.ty or unconstitutionality or inapplicability shall not effect the validity or constitutionality of any other section, sentence, clause or phrase of this Resolution or its applica4ion to any other person, property or circumstance. Section 8. Effective Date. That this Resolution shall take effect and be in full force upon passage and signatures hereon, Dated and Signed this �� day of r�ne� , 2015. CITY OF AUBURN ANCY B f S, MAYOR ATTEST: ,�� ��� D na ielle E. Daskam, City Clerk APP ED AS TO FORM: niel B. eid, City Attorney Resolution No. 5187 November 17, 2015 Page 6 of 6