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Home My WebLink AboutITEM II Memorandum TO FROM: RE: DATE: Committee of the Whole Department of Planning Building and Community July 31, 2006 meeting - Land use moratoriums July 26, 2006 Background! Discussion The City of Auburn has two land use moratoriums currently in effect (see attached resolutions). These include: 1) A moratorium on the filing of applications for certain licenses, permits and approvals for industrial land uses in those areas of the City of Auburn: . Bounded by State Route 18 on the south, State Route 167 on the west, 15th Street NW on the north, and the Union Pacific Railroad tracks on the east; and, . Bounded by West Main Street on the south, the Union Pacific Railroad tracks on the west, 6th Street NW on the north, and C Street NW on the east; and, 2) A moratorium on commercial and industrial permits for properties zoned M1 (Light Industrial), M2 (Heavy Industrial) and C3 (Heavy Commercial) in those areas of the City of Auburn located on the east side of A Street SE between Highway 18 and the southern city limits, and along a segment of 6th Street SE. On February 6, 2006, the Auburn City Council approved Resolution No. 3982 and on March 15, 2006, approved Resolution No. 4003 establishing a six month moratorium on the filing of certain licenses and permits related to industrial development adjacent to the Auburn Environmental Park (AEP). The purpose of the moratorium is to allow the City time to develop land use policies and!or regulations to promote development that would complement and benefit from the AEP. A six month extension on the moratorium was approved by the City Council on July 17, 2006 (Resolution No. 4062), with a public hearing on that extension scheduled for August 21, 2006. It is expected that the moratorium will expire on that portion of the moratorium area subject to the Environmental Park District if and when that rezone is approved (see Proposed Environmental Park District Rezone map). The remaining area subject to the moratorium (or a portion thereof) will be evaluated during the 2006 annual comprehensive plan amendment process. On June 20, 2006, the City Council approved Resolution No. 4046 establishing a moratorium on commercial and industrial permits for properties zoned M1 (Light Industrial), M2 (Heavy Industrial), and C3 (Heavy Commercial) in those areas of the City of Auburn located on the east side of A Street SE between Highway 18 and the southern city limits, and along a segment of 6th Street SE. On July 17, 2006, the Auburn City Council held a public hearing on the moratorium pertaining to A Street SE. Seven people testified at the hearing. Following the public hearing the City Council directed staff to prepare a revised resolution to repeal that portion of the moratorium applying to C3 (Heavy Commercial) zoned properties for the upcoming August 7, 2006 City Council meeting. t I I I ~ , :-. -;:~ e lEnviro~ "ental :' i)~[J ~ ct R ~ one ;z,:"::" = ~ L z ClC ::> I%l ::> <[ ~ _\ r~ i-- - ~~ - I J.-- /' ~ ~Ll ~ ~ ~ -I) REZONE ~ !~ I~O"::'~::'::~ r ~;:::; -c:N1j ~{ AREA ~W~ ti dUring.2~heCity's . 17 o i?0 Yfjj ',. ~ Co "ensive - '0 "I \ It"')', _ J' ~ Plan ~mendment :r@ ~ W "/; ~ rocess) ~ ~'fi~ ~ ~ ' hSt.NW Jt 2 ~ ~ =if ~ - ,\~0.\V I//; A;;l '!l k'/ I g!/s, t1 ~ ~/h r~1l ,,\\~.\\ 11 I ~ ~ <: gg ;:~~ [4i1fi ~ 0:' \ ~ m: ~,~~ I 'r---I ~ /VlZ ~ L\ \ ~ I=~ Irml:1.; ~ ~ dJ II~TMAIN;T. ~ ~~;f, ~ ~ \ ~~ ~\ ::1!a1 ~JJ;;;;Jl3C ~_J:j I \\:r 11)) ~ ;2:v/v ~ [S]~ ~ .\ \ ~ ~=al F ,[# 7 "'>10 j~~~ ~/-V:/~~ ~ ~"tt30rrr- I / 'j J ~/~~ ~~/A~~ 0 ~ UIJITillwu I~~~~~~~ ~____ Hw L ~~ ~ ~ .---, - /1= - L:611 ....r I HWY 18 11 / ~ -Jlf\. ..... " '" I -nTTlC '-1111 IT In~p , RESOLUTION NO.4 0 0 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ESTABLISHING AND RE- ESTABLISHING THE MORATORIUM ESTABLISHED BY RESOLUTION NO. 3982, FOLLOWING A PUBLIC HEARING, ON THE FILING OF APPLICATIONS FOR CERTAIN LICENSES, PERMITS AND APPROVALS FOR INDUSTRIAL LAND USES IN THOSE AREAS OF THE CITY OF AUBURN (1) BOUNDED BY STATE ROUTE 18 ON THE SOUTH, STATE ROUTE 167 ON THE WEST, 15TH STREET NORTHWEST ON THE NORTH, AND THE UNION PACIFIC RAILROAD TRACKS ON THE EAST, AND (2) BOUNDED BY WEST MAIN STREET ON THE SOUTH, THE UNION PACIFIC RAILROAD TRACKS ON THE WEST, 6TH STREET NORTHWEST ON THE NORTH, AND C STREET NORTHWEST ON THE EAST WHEREAS, in the past year the City has embarked upon the development of the Auburn Environmental Park (AEP) and Green Zone Overlay, both of which border the areas in the City of Auburn (1) bounded by State Route 18 on the south, State Route 167 on the west, 15th Street Northwest on the north, and the Union Pacific Chicago Milwaukee St. Paul Pacific (Union Pacific) Railroad tracks on the east, and (2) bounded by West Main Street on the south, the Union Pacific Railroad tracks on the west, 6th Street Northwest on the north, and C Street Northwest on the east; and WHEREAS, said areas are contiguous to and contain a portion of Downtown Auburn -- the City's Urban Center as recognized by the King County Countywide Planning Policies; and WHEREAS, in the past year the City of Auburn has adopted an Economic Developrnent Strategies document that encourages coordination and linkage between the City's Downtown and the AEP/Green Zone; and WHEREAS, the City of Auburn is currently developing code amendments to Resolution No. 4003 March 15,2006 Page 1 " enhance the design of downtown architecture and public spaces, a portion of which is located within the proposed moratorium area; and WHEREAS, the City has also established a designated Urban Center that incorporates a portion of the proposed moratorium area, and further study is required to ascertain if the Urban Center should be expanded to said area; and WHEREAS, the City is also rebuilding West Main Street and the trail connection between the Interurban regional trail and Downtown, through the area in question; and WHEREAS, time is needed for the City to conduct a Special Planning Area study and determine appropriate Comprehensive Plan and zoning designations that should be implemented in order to support and meet current City goals and strategies; and WHEREAS, pursuant to RCW 35A.63.220, the City Council may establish a moratorium for initial periods of six-months or more, provided that a subsequent public hearing is held on the moratorium within at least sixty days of its adoption at which time findings of fact could be made; and WHEREAS, the City Council passed its Resolution No. 3982 on February 6, 2006, approving the initial moratorium, and setting a public hearing for March 20, 2006; and WHEREAS, the public hearing on the proposal to establish a moratorium on the filing of applications for licenses, permits and approvals for industrial uses, was heard, on the 20th day of March, 2006, at the City of Auburn City Council Chambers, 25 West Main Street, Auburn, Washington, pursuant to RCW 35A.63.220, at which hearing the City Council was able to hear from all persons wishing to speak to the Resolution No. 4003 March 15, 2006 Page 2 '"" issue of the moratorium. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. Establishment of Moratorium. The City Council hereby establishes, and re-establishes, the moratorium initially established by Resolution No 3982, on the filing of applications for licenses, permits and approvals for industrial land uses in the areas of the City of Auburn the geographic boundaries of which are (1) bounded by State Route 18 on the south, State Route 167 on the west, 15th Street Northwest on the north, and the Union Pacific Railroad tracks on the east, and (2) bounded by West Main Street on the south, the Union Pacific Railroad tracks on the west, 6th Street Northwest on the north, and C Street Northwest on the east; Provided that this moratorium shall not preclude the issuance of business licenses or building permits or other related permits in cases which involve only internal tenant improvements, or which involve no construction outside of the building footprint or envelope existing on the date of enactment of this moratorium. Section 2. Term of Moratorium. The moratorium established by this Resolution shall continue from the moratorium established by Resolution No. 3982, which became effective on February 6, 2006, and shall continue in effect for a period of six (6) months thereafter, to August 6, 2006, unless repealed, extended or modified by the City Council; Provided that the moratorium shall automatically expire upon the effective date of Comprehensive Plans and of zoning and land use regulations adopted by the City Council for industrial land uses within the moratorium area. Section 3. Severability. If any sections, sentence, clause or phrase ofthis Resolution shall be held to be invalid or unconstitutional by a court of component jurisdiction, or its application held inapplicable to any person, property or Resolution No. 4003 March 15, 2006 Page 3 .. circumstance, such invalidity or unconstitutionality or inapplicability shall not effect the validity or constitutionality of any other section, sentence, clause or phrase of this Resolution or its application to any other person, property or circumstance. Section 4. Effective Date. That this Resolution shall be in full force and effect upon passage and signatures hereon, and as provided herein. DATED and SIGNED THIS 2O'""DA Y OF m cvcL ,2006. ----> ~ Attest: IQ~~ Dam . e Daskam, City Clerk Resolution No. 4003 March 15,2006 Page 4 l " .. -f~ tic R- ~I-:. ~, .2 IlJl ..-!~.. ri 11 M @oriul/Ia ~rea L ~_._" MW ~ ~.. .Un J V / / / / / / / / 15711 8r. ~ ~ .My r ~~ ~~ / v~ ~KJf/;' ~~ ~.~ 6THST.NW ~ ~ " ~~~/~~ 1/ ~r; :~ ~~~~~ I!~ '/ ~ ~ '::;r~ ~ V V~V~v/ ~ 2 CH l: ILM V/~ /' / // ~~~I' i: I~ it;;.. -Jj !'!\ V / ///7 W V/: I' /V /; ~ I ~ ]'C:::. <: SR 18 ~ ~ ~/.L..L / v;: ~ ~77 :g Z I rrnrn [ 11.-1 --- t1 ~~~r.i~V b lH1V// ~~ ~Iij "~~MAINST. J ~ ~~/V XV .'2 P""~ 'i'~ f.I: ::=' HLEJ ~ -It!// i~ ~~;~ ~~~~~ = ffi~ i O[ - ~~~ VV~/7 ~/// vr0/ ,--== ~ DOJCII f t1 /" ~/ >>vV ~:;:;~~lj 8J W/////////////// r - bfrJ ~ ~ rJ HWV 18 ~ Y r If I-- I ...., I-- r- ~ v '-- jr-- J---- !-- '-- I- r- L= ~ -, J. 'f .( RESOLUTION NO.4 0 4 6 A RESOLUTION of the City Council of the City of Auburn, Washington, establishing for an initial six months a moratorium on the filing of applications for licenses, permits and approvals for commercial and industrial land uses in certain areas of the City of Auburn zoned C3 (Heavy Commercial), M1 (Light Industrial) and M2 (Heavy Industrial) along or near the east side of the A Street SE corridor, including 6th Street SE, and setting a public hearing for the 17th day of July, 2006, to consider the moratorium on the filing of applications for certain licenses, permits and approvals for commercial and industrial land uses in said area WHEREAS, in 2005 the City of Auburn brought together a focus group of diverse business and community interests that identified several economic development strategy areas within the City that led to the creation of an Economic Development Strategies document; and WHEREAS, the Economic Development Strategies document identifies actions needed to enable the City to achieve its economic development potential; and WHEREAS, on November 17, 2005 the City of Auburn City Council approved Resolution No. 3944 adopting the Economic Development Strategies document; and WHEREAS, the Economic Development Strategies document and its implementation is identified in the Auburn Comprehensive Plan; and WHEREAS, one of the strategy areas identified in the Economic Development Strategies document is the A Street SE Corridor; and WHEREAS, the Economic Development Strategies document identified a series of "logistics" to enhance the economic vitality of the A Street SE corridor; and Resolution No. 4046 June 15, 2006 Page 1 .. , WHEREAS, included amongst the logistics are engaging the neighborhood in a collaborative effort to define a dividing line between residential and commercial uses, including future commercial uses; changing heavy industrial zoning to heavy commercial zoning; and encouraging the concentrated expansion ofthe commercial node in the vicinity of 6th Street SE and A Street SE; and WHEREAS. in 2006 and in response to the Economic Development Strategies document's adoption, the City initiated a planning study of the A Street SE corridor from Highway 18 to the southern city limits to determine appropriate comprehensive plan designations and zoning; and WHEREAS, time is needed for the City to conduct the A Street SE Corridor study and determine appropriate Comprehensive Plan and zoning designations that should be implemented in order to support and meet current City goals and strategies, including those identified in the City of Auburn Comprehensive Plan and in the Economic Development Strategies document; and WHEREAS, pursuant to RCW 35A.63.220, the City Council may establish a moratorium for initial periods of six-months or more, provided that a subsequent public hearing is held on the moratorium within at least sixty days of its adoption at which time findings of fact could be made; and WHEREAS, it is therefore appropriate that a public hearing be scheduled for the 17th day of July, 2006, for the City Council to hear from all persons wishing to speak to the issue of the moratorium. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Resolution No. 4046 June 15, 2006 Page 2 Section 1. Establishment of Moratorium. The City Council hereby established a moratorium for an initial six month's period of time on the filing of applications for licenses, permits and approvals for commercial and industrial land uses on properties zoned C3 (Heavy Commercial), M1 (Light Industrial) and M2 (Heavy Industrial) in the areas of the City of Auburn identified on the maps attached hereto, marked as Exhibit "An, Exhibit liB" and Exhibit "C" and incorporated herein by reference; Provided that this moratorium shall not preclude the acceptance and issuance of business licenses or building permits or other related permits in cases which involve only internal tenant improvements, or which involve no construction outside of the building footprint or envelope existing on the date of enactment of this moratorium. Section 2. Term of Moratorium. The moratorium established by this Resolution shall become effective on the 19th day of June, 2006, and shall continue in effect for a period of six (6) months, to the 19th day of December, 2006, unless repealed, extended or modified by the City Council after subsequent public hearing and entry of appropriate findings of fact pursuant to RCW 35A.63.220, provided that the moratorium shall automatically expire upon the effective date of Comprehensive Plans and of zoning and land use regulations adopted by the City Council for commercial and industrial land uses within the moratorium area. Section 3. Public Hearing scheduled. That a public hearing on the moratorium on the filing of certain applications for licenses, permits and approvals for commercial and industrial land uses on certain properties zoned C3 (Heavy Commercial), M1 (Light Industrial) and M2 (Heavy Industrial) be, and the same hereby is set for 7:30 p.m., or as soon thereafter as the matter can be heard, the 17th day of July, 2006, at the City of Auburn City Council Chambers, 25 West Main Street, Auburn, Washington. Section 4. Severability. If any sections, sentence, clause or phrase of this Resolution shall be held to be invalid or unconstitutional by a court of component Resolution No. 4046 June 15, 2006 Page 3 . " jurisdiction, or its application held inapplicable to any person, property or circumstance, such invalidity or unconstitutionality or inapplicability shall not effect the validity or constitutionality of any other section, sentence, clause or phrase of this Resolution or its application to any other person, property or circumstance. Section 5. Effective Date. That this Resolution shall be in full force and effect upon passage and signatures hereon, and as provided herein. PASSED by the City Council this /'1 ~ d ,2006. Attest: Peter B. Lewis, Mayor ~~ Danielle Daskam, City Clerk Resolution No. 4046 June 15, 2006 Page 4 LL ~ ~:rot:- Unt-1 u ~~ =--- .. /::I - b -t A --,-1RD n:; ~ ~ 7'-b- - ~ 11 1 L I I ~ I - v7 El~ ~- ~n q. ~ ....1 I---< _ I I 1-1f.. ~ "---/- 4-'- ,- _ --=-::::::::] BURLINGTON NORT/rIfRN R.R. SR 18 ~//// .X/ 8 ( II %W/;~ ~ ,L V~v//A,{-i\rr 7- \~J.r ~ I I I \~ rcnrrg:;c:o-i I I ~ -1:rN~D[[]]] II III I ~'- J... IAIA 1 I I '. :I.LI w" "" /. 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