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Home My WebLink AboutITEM II-A-2AUBURN WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Public Hearing - Moratorium Date: June 26, 2008 Department: Planning, Attachments: Resolution No. 4357 Budget Impact: N/A Building, and Community Administrative Recommendation: City Council conduct the public hearing. No further City Council action is necessary. Recommend City Council sustain moratorium as adopted. Background Summary: On May 19, 2008, the Auburn City Council adopted Resolution No. 4357 establishing a six-month moratorium on the filing of applications for Conditional Use Permits (CUPs) for property located within the R-2 Single-Family Residential District, the R-3 Two-Family (Duplex) Residential District, and the C-1 Light Commercial District within the City of Auburn, including, specifically, CUPs pursuant to Section 18.14.030 of the Auburn City Code (ACC), paragraphs (C), (F) and (H) for the R-2 District; CUPs pursuant to Section 18.16.030 ACC, paragraphs (G) and (J) for the R-3 District; and CUPs pursuant to Section 18.26.030 ACC, paragraph (A) for C-1 District. The moratorium is in effect for a period of six (6) months, to the 12th day of November, 2008, unless repealed, extended or modified by the City Council at this public hearing and the entry of appropriate findings of fact pursuant to RCW 35A.63.220, provided that the moratorium shall automatically expire upon the effective date of an Ordinance revising the provisions for CUPs in the R-2 Single-Family Residential District, the R-3 Two-Family (Duplex) Residential District and the C-1 Light Commercial District. The purpose of the moratorium is to allow the City Council time to evaluate what changes may be appropriate for the above listed zoning districts. It is recommended that City Council sustain this moratorium as adopted by Resolution No. 4357. L0707-4 03.10.1 Reviewed by Council & Committees: Reviewed by Departments & 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: Baker -Meeting Date: Jul 7, 2008 Item Number: II.A.2 AUBURN* MORE THAN YOU IMAGINED RESOLUTION NO. 4 3 5 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ESTABLISHING FOR AN INITIAL SIX MONTH PERIOD OF TIME FOR A MORATORIUM ON THE. FILING OF APPLICATIONS FOR CONDITIONAL USE PERMITS (CUPs) IN PROPERTY LOCATED WITHIN THE R-2 SINGLE-FAMILY RESIDENTIAL DISTRICT, THE R-3 TWO-FAMILY (DUPLEX) RESIDENTIAL DISTRICT AND THE C-1 LIGHT COMMERCIAL DISTRICT, AND SETTING A PUBLIC HEARING FOR THE 7th DAY OF JULY, 2008, TO CONSIDER THE MORATORIUM ON THE FILING OF APPLICATIONS FOR CUPs WITHIN SAID ZONING DISTRICTS WHEREAS, pursuant to RCW 35A.63.220, the City Council may establish a moratorium for an initial period of six months, subject to subsequent extensions approved by separate council action, provided that a subsequent public hearing is held on the moratorium within at least sixty (60) days of its adoption at which time findings of fact could be made; and WHEREAS, there currently exists some questions about how to apply conditional use permits in the R-2 Single-Family Residential District, the R-3 Two-Family (Duplex) Residential District and the C-1 Light Commercial District; and WHEREAS, in order for the City Council to evaluate what changes may be appropriate for conditional use permits for the above mentioned zoning districts, it would be appropriate for a moratorium to be imposed for an initial six months subject to the requirements for a subsequent public hearing, pursuant to statute, so that the City Council has an opportunity to evaluate the direction that should be pursued in connection with CUPs. Resolution No. 4357 May 12, 2008 Page 1 of 3 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 a moratorium for an initial period of six months from and after the date hereof on the filing of applications for conditional use permits (CUP) for property located within the R-2 Single-Family Residential District, the R-3 Two- Family (Duplex) Residential District and the C-1 Light Commercial District within the City of Auburn, including, specifically, CUPs pursuant to Section 18.14.030 of the Auburn City Code (ACC), paragraphs (C), (F) and (H) for the R-2 District; CUPs pursuant to Section 18.16.030 ACC, paragraphs (G) and (J) for the R-3 District; and CUPs pursuant to Section 18.26.030 ACC, paragraph (A) for the C- 1 District. Section 2. Terms of Moratorium. The moratorium established by this Resolution shall be effective on the 12th day of May, 2008, and shall continue to be in effect for a period of six (6) months, to the 12th day of November, 2008, unless repealed, extended or modified by the City Council after a subsequent public hearing and the entry of appropriate findings of fact pursuant to RCW 35A.63.220, provided that the moratorium shall automatically expire upon the effective date of an Ordinance revising the provisions for CUPs in the R-2 Single- Family Residential District, the R-3 Two-Family (Duplex) Residential District and the C-1 Light Commercial Districts. Section 3. Public Hearing Schedule. That a public hearing on the proposal to impose a moratorium on the filing of applications for CUPs within the Resolution No. 4357 May 12, 2008 Page 2 of 3 R-2 Single-Family Residential District, the R-3 Two-Family (Duplex) Residential District and the C-1 Light Commercial District become and the same hereby is set for 7:30 p.m., or as soon thereafter as the may can be heard, on the 7th day of July, 2008, at the City of Auburn City Council Chambers, Auburn City Hall, 25 West Main Street, Auburn, Washington. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Section 4. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 5. This Resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this 'sty day of , 2008. Z Z. B. LEWIS MAYOR ATTEST: . "at Da elle E. Daskam, City Clerk Resolution No. 4357 May 12, 2008 Page 3 of 3 Compliance with the criteria outlined in the Comprehensive Plan of the City of Auburn should be the underlying basis for the issuance of Conditional Use Permits (CUP) within established zoning. The current City Code provisions, which allow CUP, should be completely repealed within R-2 single family residential zoning. R-2 zoning in all instances should retain its intended character to be single family residences only. CUP should only be allowed in other zoning when it is the public's interest, not in instances involving private interests of individuals, contractors, or developers. Public facilities such as parks, libraries, swimming pools, etc should be allowed, as they generally enhance the attractiveness of planned neighborhoods. Cell phone towers and mixed residential/industrial use within zoning does not enhance or preserve the attractiveness, nor the intended use, of established neighborhoods in the city. Lakeland Hills is the classic example of an area that has controlled development, and distinct separation of single, multifamily, and public development. The features and restrictions of that neighborhood should be the basis for any changes planned to conditional use. I'm confident in the abilities and vision of the Mayor and the City Council of Auburn. You treated the neighborhood of H St and 5th St very fairly in denying the approval of a CUP to Leonard Gazhenko at the closed record hearing on that matter on February 6, 2008. It seems to me that decision set a precendent. CUP requesting mixed use within current R-2 zoning should not be allowed. Intermingling of land use is completely inconsistent with any vision of the future for Auburn. I'm confident the City Council will permanently repeal this portion of the Auburn City Code. Donald W. Anderson Sr 635 H St NE Auburn, WA 98002 Ph 253-939-6428