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HomeMy WebLinkAbout4062 RESOLUTION NO. 4 0 6 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, EXTENDING AND RE- ESTABLISHING THE MORATORIUM ESTABLISHED BY RESOLUTION NO. 3982, AND RESOLUTION NO. 4003, 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, AND SETTING A PUBLIC HEARING THEREFOR 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, at this time the development of a proposed zoning code amendment to establish a new zoning district (Environmental Park (EP) District) and rezone of certain properties to the new EP zoning district is underway; and Resolution No. 4062 July 12, 2006 Page 1 of 4 WHEREAS, the proposal for such a new zoning district (Environmental Park (EP) District) and rezone would apply to several of the properties in the moratorium area; and WHEREAS, the Planning Commission held a public hearing on the proposed zoning code amendment and rezone in June 2006 and recommended approval, which recommended proposals are currently under review by City Council committees, but the full City Council will not be able to consider these proposed zoning code/map amendments until the moratorium would expire, if not extended; and WHEREAS, the moratorium is currently set to expire on August 6, 2006, and as such, an extension of the moratorium is warranted to allow the continued evaluation of zoning code and rezone options to be completed; and WHEREAS, pursuant to RCW 35A.63.220, it is also appropriate to set a public hearing to consider public comment from all persons wishing to speak to the issue of the moratorium, which public hearing should be set for August 21, 2006. 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, and re-establishes, the moratorium initially established by Resolution No 3982, and Resolution No. 4003, 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 Resolution No. 4062 July 12, 2006 Page 2 of 4 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 extension shall become effective on the date hereof, and shall continue in effect for a period of six (6) months thereafter, unless repealed, further 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 those properties within the moratorium area that are subject to the adoption of a rezone to a new zoning district (Environmental Park (EP) District) and; Provided further that the moratorium shall remain in effect for those properties that are not subject to a rezone to a new zoning (Environmental Park (EP) District) District Section 3. Public Hearing scheduled. That a public hearing on proposal to extend and re-establish a moratorium on the filing of applications for licenses, permits and approvals for industrial uses, and the same hereby is set for 7:30 p.m., or as soon thereafter as the matter can be heard, on the 21st day of August, 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 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. Resolution No. 4062 July 12, 2006 Page 3 of 4 Section 5. 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 ffDAY OF ~ ~~R~ _ ~-f ~ ~ Peter B. Lewis, Mayor Attest: fJn~~~ Da Ie lie Daskam, City Clerk Resolution No. 4062 July 12, 2006 Page 4 of 4 ,2006.