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
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November 17, 2015
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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
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November 17, 2015
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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
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November 17, 2015
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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
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November 17, 2015
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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,
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November 17, 2015
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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
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