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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3, 2008, the City Council adopted Resolution No. 4412 that extended this moratorium an additional six months unless repealed, extended or modified by the City Council at this public hearing and the entry of appropriate findings of fact pursuant to RCW 35A.63.220.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:/ ij i City Resolution No. 4412 October 28, 2008 Page 4 of 4