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Home My WebLink AboutITEM VIII-B-6.~ *,~ CITY OF, _ ~T ~ ~ ~~ ~~T* AUK V ~~.1V AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Resolution No. 4206 / A Street SE Moratorium Date: June 5, 2007 Extension Department: Planning, Attachments: Resolution No. 4206 Budget Impact: N/A Building, and Community Administrative Recommendation: City Council to adopt Resolution No. 4206. Background Summary: On June 19, 2006, the Auburn City Council approved Resolution No. 4046 and on August 7, 2006, approved Resolution No. 4067 establishing asix-month moratorium on the filing of licenses and permits related to commercial and industrial land uses in certain areas of the City of Auburn zoned M-1 (Light Industrial) and M-2 (Heavy Industrial) along or near the east side of A Street SE corridor. The purpose of the moratorium was to allow the City time 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. The 2006 Comprehensive Plan Amendments were approved by the City Council on November 20, 2006 that includes a portion of the areas within the moratorium. Proposed rezones to implement the comprehensive plan amendments were approved by the City Council December 18, 2006 with the exception of the Utility Vault property that is zoned M-2 (Heavy Industrial). The moratorium extension is needed to allow City Council time to establish a plan for the Utility Vault property. On December 18, 2006 the City Council approved Resolution No. 4129 granting asix-month extension. As stated in Resolution No. 4129, the existing moratorium is effective until June 19, 2007. Proposed Resolution No. 4206 extends the moratorium for an additional six months to December 19, 2007. Anew public hearing is required and must be scheduled within 60 days of adoption of the Resolution. The public hearing would be August 6, 2007 unless the moratorium automatically expires by adoption of comprehensive plan and zoning changes for the affected properties. L0618-2 Reviewed by Council & Committees: Reviewed by Departments 8~ Divisions: ^ Arts Commission COUNCIL COMMITTEES: ^ 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 ^ Planning Comm. ^ Other ^ Public Works ^ Human Resources ^ Information Services Action: Committee Approval: ^Yes ^No Council Approval: ^Yes ^No Call for Public Hearing _/_/_ Referred to Until _/_/ Tabled Until _/_/_ Councilmember: Norman Staff: Osaki Meetin Date: June 18, 2007 Item Number: VI11.6.6 AU$*CJF~N * MARE THAN YoU IMAGINED RESOLUTION N0.4206 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, EXTENDING AND RE- ESTABLISHING THE MORATORIUM ESTABLISHED BY RESOLUTION NO. 4046, RESOLUTION NO. 4067, AND RESOLUTION NO. 4129 FOR AN ADDITIONAL SIX MONTHS ON THE FILING OF APPLICATIONS FOR LICENSES, PERMITS AND APPROVALS FOR COMMERCIAL AND INDUSTRIAL LAND USES ZONED M2 (HEAVY INDUSTRIAL) ALONG AND NEAR. THE EAST SIDE OF THE A STREET SE CORRIDOR 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. 4206 June 5, 2007 Page 1 of 5 WHEREAS, included amongst the logistics is changing industrial zoning to heavy commercial zoning; 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 was 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, on June 19, 2006 the Auburn City Council approved Resolution No. 4046 establishing for a six month period a moratorium in the issuance of licenses, permits and approvals for certain properties zoned C3 (Heavy Commercial), M1 (Light Industrial) and M2 (Heavy Industrial) on or along the east side of A Street SE; and WHEREAS, in accordance with state law and Resolution No. 4046, a public hearing was scheduled for and held on the 17th day of July, 2006, for the City Council to hear from all persons wishing to speak to the issue of the moratorium; and WHEREAS, after such public hearing, it was determined that the scope of the moratorium should be changed to exclude property zoned in the C3 (Heavy Commercial) zoning district; and Resolution No. 4206 June 5, 2007 Page 2 of 5 WHEREAS, on August 7, 2006 the Auburn City Council approved Resolution No. 4067 applying the moratorium to the issuance of licenses, permits and other approvals for commercial and industrial land uses zoned M1 (Light Industrial) and M2 (Heavy Industrial) along or approvals near the east side of the A Street SE corridor; and WHEREAS, on December 18, 2006 the Auburn City Council approved Resolution No. 4129 to extend the six month moratorium to the issuance of licenses, permits and other approvals for commercial and industrial land uses zoned M1 (Light Industrial) and M2 (Heavy Industrial) along or approvals near the east side of the A Street SE corridor and set a public hearing for January 16, 2007; and WHEREAS, on January 16, 2007, in accordance with state law and Resolution No. 4129, the Auburn City Council held a public hearing to hear from all persons wishing to speak to the issue of the moratorium and approved to extend the moratorium an additional six months to June 19, 2007; and WHEREAS, planning and zoning activities related to these properties are still on- going and additional time is need to complete the City's said planning and zoning activities related to these properties. 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 the moratorium established by Resolution No. 4046 and as amended by Resolution No. 4067 and Resolution No. 4129 on the filing of applications for licenses, permits and approvals for commercial and industrial land uses on properties zoned M2 (Heavy Industrial) in the areas of the City of Auburn identified on the maps attached hereto, marked as Exhibit "A" and incorporated herein by reference; Provided that this moratorium shall not preclude the acceptance and issuance of business licenses or Resolution No. 4206 June 5, 2007 Page 3 of 5 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 Resolution No. 4046, effective on the 19th day of June, 2006, and modified by Resolution No. 4067 and Resolution No. 4129, shall continue in effect for a period of six (6) months, to the 19th day of December, 2007, unless repealed, extended or further 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 commercial and industrial land uses within the moratorium area. 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 3. Public Hearing Scheduled. That a public hearing on the moratorium on the filing of applications for licenses, permits and approval for commercial and industrial land uses zoned M2 (heavy industrial) along and near the east side of the A Street SE corridor within the City of Auburn be and the same hereby is set for 7:30 p.m. or as soon thereafter as the matter can be heard the- 6th day of August, 2007 at the City of Auburn City Council Chambers 25 West Main Street Auburn Washington Section 4. Effective Date. That this Resolution shall be in full. force and effect upon passage and signatures hereon, and as provided herein. Resolution No. 4206 June 5, 2007 Page 4 of 5 PASSED by the City Council this day of 2007. Peter B. Lewis, Mayor Attest: Danielle Daskam, City Clerk Resolution No. 4206 June 5, 2007 Page 5 of 5 Approved as to Form: Exhibit A f7~~ L;ll1L_ J N