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HomeMy WebLinkAbout09-05-2006 ITEM VIII-B-11CITY OF 1 U 1RN AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Resolution No. 4092 Date: August 29, 2006 Department: Planning, Attachments: Resolution No. 4092 Budget Impact: NA Building and Community Administrative Recommendation: City Council adopt Resolution No. 4092. Background Summary: 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 licenses and permits related to industrial development adjacent to the Auburn Environmental Park. (AEP) The purpose of the moratorium was 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 held on August 21, 2006. The moratorium has expired on that portion of the original moratorium area that was rezoned to the Environmental Park (EP) District on August 7, 2006 (Ordinances No. 6036 and 6037). Following the August 21, 2006 public hearing on Resolution No. 4062 the City Council directed staff to return with a revised resolution at the September 5, 2006 City Council meeting removing the area north of what would be 4th Street NW (were a road to physically exist at this location) and south of 6th Street NW from the moratorium. Resolution No 4092 implements this Council direction. The area remaining still subject to the moratorium will be evaluated during the 2006 annual comprehensive plan amendment process. L0905-3 03.4.2.1.2 eviewed by Council & Committees: eviewed by epartments ivisions: Arts Commission COUNCIL COMMITTE S: Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Serv. Finance Parks Human Services Planning & CD Fire Planning Park Board Public Works Legal Police Resources Planning Comm. Other Public Works LJ Human Action: ommi tee Approval: YesNo RNo Council Approval: HYes Call for Public Hearing Referred to Until ! / Tabled Unties T 7— Councilmember: Norman Staff: Osaki Meeting Date: September 5, 2006 Item Number: VI11.B.11 AUBURN *MORE THAN YOU IMAGINED RESOLUTION NO.4 0 9 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, EXTENDING, RE- ESTABLISHING AND AMENDING THE MORATORIUM ESTABLISHED BY RESOLUTION NO. 3982, RESOLUTION NO. 4003, AND RESOLUTION NO. 4062, ON THE FILING OF APPLICATIONS FOR CERTAIN LICENSES, PERMITS AND APPROVALS FOR INDUSTRIAL LAND USES IN THE AREA OF THE CITY OF AUBURN BOUNDED BY WEST MAIN STREET ON THE SOUTH, THE UNION PACIFIC RAILROAD TRACKS ON THE WEST, TO 4th STREET NORTHWEST, AS IF EXTENDED, ON THE NORTH, AND C STREET NORTHWEST ON THE EAST WHEREAS, on February 6, 2006 the Auburn City Council approved Resolution No. 3892 establishing, for an initial six month period, 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: (1) 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 (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, on March 20, 2006, the Auburn City Council held a public hearing on the moratorium. Following the public hearing the City Council approved Resolution No. 4003 establishing and re-establishing the moratorium established by Resolution No. 3982, but modifying the scope of the licenses and permit covered by the moratorium; and WHEREAS, on July 17, 2006 the Auburn City Council approved Resolution No. 4062 extending the moratorium for an additional 6 months. A public hearing on the moratorium was held on August 21, 2006; and Resolution No. 4092 August 29, 2006 Page 1 of 3 WHEREAS, a new zoning district (Environmental Park (EP) District) and rezone of certain properties to the new EP zoning district has been approved via Ordinance No. 6036 and Ordinance No. 6037, hereby removing the area 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, from the moratorium; and WHEREAS, following the public hearing on August 21, 2006, the Auburn City Council decided to remove the area bounded by 4th Street Northwest, as if extended, 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 directed that a Resolution which amended the moratorium be brought back to the City Council for action. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. Extension of Moratorium. The City Council hereby extends, re-establishes and amends, the moratorium initially established by Resolution No. 3982, Resolution No. 4003, and Resolution No. 4062, 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 bounded by West Main Street on the south, the Union Pacific Railroad tracks on the west, 4th Street Northwest, as if extended, 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 term of the moratorium shall continue in effect for a period of six (6) months from and after July 17, 2006, the Resolution No. 4092 August 29, 2006 Page 2 of 3 date on which the Auburn City Council approved Resolution No. 4062, unless repealed, further extended or modified by the City Council; Provided that the moratorium shall automatically expire upon the effective date of Comprehensive Plan map amendments and; Section 3. Severability. If any sections, sentence, clause or phrase of this 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 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 DAY OF .2006. CITY OF AUBURN Peter B. Lewis, Mayor Attest: Danielle Daskam, City Clerk Approyed as Dahfel B. He Resolution No. 4092 August 29, 2006 Page 3 of 3