HomeMy WebLinkAboutITEM II-A-1
CITY OF
AUBURN AGENDA BILL APPROVAL FORM
WASHINGTON
Agenda Subject: Public Hearing - Moratorium Date: November 20, 2008
Department: Planning, Attachments: Resolution No. 4412 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 an initial 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 was in effect for a period of six (6) months, to the 12th day of November, 2008. On
November 3, 2008, the City Council adopted Resolution No. 4412 that extended this moratorium an
additional six months unless repealed, extended or modified by the City Council at this public hearing and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. The moratorium shall automatically
expire upon the effective date of an Ordinance, if adopted prior to the end of six months, 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. A contract was entered into with a consulting firm 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.
It is recommended that the City Council sustain this moratorium extension as adopted by Resolution No.
4412.
L1201-3
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: December 1, 2008 Item Number: II.A.1
AUBUR *M0KE THAN YOU IMAGINED
RESOLUTION NO.4 4 12
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 5 day of (J-- "2008.
CITY OF AUBURN
9& WA')
PETE B. LEWIS
MAYOR
ATTEST:
'Z 'k)'?
Da ' Ile E. Daskam, City Clerk
AS, TO, FORM:/
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City
Resolution No. 4412
October 28, 2008
Page 4 of 4