HomeMy WebLinkAboutITEM VIII-B-3
A DBuRN
f WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Resolution No. 4412 Date: October 24, 2008
Department: Planning, Attachments: Resolution No. 4412 Budget Impact: N/A
Building, and Community
Administrative Recommendation: City Council adopt Resolution No. 4412.
Background Summary:
Over the last year Conditional Use Permit applications have increased and 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.
An initial six month moratorium was established May 19, 2008 in order to for the City Council to evaluate
what changes may be appropriate for conditional use permits for the above mentioned zoning districts.
The City Council recently approved a contract with BHC Consulting to assist with a code update process
that will include a review of conditional use permits. Since this code update effort has just begun, an
additional six months is needed to complete the phase I code update work. The additional six month
moratorium is still 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.
As mentioned, a public hearing is required within 60 days of the adoption of this resolution to evaluate the
moratorium and the entry of appropriate findings of fact pursuant to RCW 35A.63.220. The proposed
date of the public hearing is December 1, 2008 at the regular council meeting beginning at 7:30 p.m. or
as soon thereafter.
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 N Planning
? Park Board ? Public Works N Legal ? Police
? Planning Comm. ? Other ? Public Works ? Human Resources
? Information Services
Action:
Committee Approval: ?Yes ?No
Council Approval: ?Yes ?No Call for Public Hearing 12/ 01/ 2008
Referred to Until _/_/
Tabled Until
Councilmember: Norman Staff: Baker
Meetin Date: November 3, 2008 Item Number: VIII.B.3
AUBUM * MORE THAN YOU IMAGINED
RESOLUTION NO.4 4 1 2
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, EXTENDING
FOR AN ADDITIONAL SIX MONTH PERIOD OF
TIME 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 1st
DAY OF DECEMBER, 2008, TO CONSIDER THE
EXTENSION OF THE MORATORIUM ON THE
FILING OF APPLICATIONS FOR CUPs WITHIN
SAID ZONING DISTRICTS
WHEREAS, Section 35A.63.220 of the revised Code of Washington
(RCW) authorizes the City Council to 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, because some questions existed 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,
the City Council passed its Resolution No. 4357 on May 19, 2008, establishing a
moratorium for an initial period of six months from and after the date thereof 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
Resolution No. 4412
October 28, 2008
Page 1 of 4
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; and
WHEREAS, the evaluation of the CUPs in said zoning districts has not
been completed; and
WHEREAS, in order for the City Council to continue evaluating the
changes that may be appropriate for conditional use permits for the above
mentioned zoning districts, it would be appropriate for the moratorium to be
extended for an additional 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.
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 on May 19, 2008, by Resolution No. 4357 for an
additional 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
Resolution No. 4412
October 28, 2008
Page 2 of 4
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 Extension. The moratorium extension,
as extended by this Resolution, and as initially established by Resolution No.
4357, shall be effective on the effective date hereof, and shall continue to be in
effect for a period of six (6) months thereafter, 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
R-2 Single-Family Residential District, the R-3 Two-Family (Duplex) Residential
District and the C-1 Light Commercial District be and the same hereby is set for
7:30 p.m., or as soon thereafter as the matter can be heard, on the 1st day of
December, 2008, at the City of Auburn City Council Chambers, Auburn City Hall,
25 West Main Street, Auburn, Washington.
Section 4. Administrative Implementation. The Mayor is hereby
authorized to implement such administrative procedures as may be necessary to
carry out the directives of this legislation.
Resolution No. 4412
October 28, 2008
Page 3 of 4
Section 5. Effective Date. This Resolution shall be in full force and
effect upon passage and signatures hereon.
Dated and Signed this day of , 2008.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
A'ROVED
niel B. H
TO, FORM:
?e
City
Resolution No. 4412
October 28, 2008
Page 4 of 4