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Home My WebLink AboutRES 4472"21,. * CITY OF_ w - WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4472 Date: April 2, 2009 Department: Planning, Attachments: Resolution No. 4472 Budget Impact: N/A Building, and Community Administrative Recommendation: City Council adopt Resolution No.4472. Background Summary: An initial six month moratorium was estabiished May 19, 2008 (Resolution 4357) 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 moratorium was extended for an additional six months aftsr a public hearing field on December 1, 2008 (Resolution 4412). These resolutions placed a moratorium on development requiring a conditional use permit for three narrawly focused uses: (1) two-family dwellings (duplexes), (2) multiple-family dwellings (includes apartments), and (3) proPessional offices. The pnmary reason fvr the moratorium was that, as currently written, the City Code would permit seemingly incompatible uses in residential zones. The City has embarked on a code update process, with the assistance of consultants Jones and Stokes ICF, that will include a review of conditional use permits. The code update effort is well undenway with Phase 1 and the anticipated completion date is June 1, 2009. The current moratorium expires May 3, 2008 and an extension is needed to complete the Phase I code update work. The extension is still subject to the requirements for a subsequent public hearing, pursuant ta statute, so that the City Cauncil has an opportunity to evaluate the direction that should be pursued in connection with CUPs. The resolution also includes an amendment to the moratorium by removing the C-1 Light Commercial District, specifically, CUPs pursuant to Section 18.28.030 paragraph A. The City Council heard testimony during and following the December 1, 2008 public hearing about the continued application of moratorium to properties in the C-1 Light Commercial District. As mentioned, a public hearing is required within 60 days of the adoption of this resolution to evatuate the moratorium and the entry of appropriate findings of fact pursuant to RCW 35A.63.220. The proposed date of the public hearing is May 4, 2009 at the regular council meeting beginning at 7:30 p.m. or as soon thereafter. Revlewed by Councii & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITfEES: ❑ Building ❑ M&O ❑ Airport 0 Finance ❑ Cemetery p Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services p Planning & CD ❑ Fire 0 Planning ❑ Paric Board 0 Public Works 0 Legal ❑ Police O Planning Comm. p Other ❑ Public Worlcs ❑ Human Resources O Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing 5/ 041 2009 RefeRed to Until ! / Tabled Until Councilmember: Wa ner Staff: Baker Meetin Date: A ril 6, 2009 Item Number: AUBURN 'k MORE THAN YOU iMAGCNED RESOLUTION NO. 4 4 7 2 A.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING AND EXTENDING THE MORATORIUM ESTABLISHED BY RESOLUTION NO. 4357 AND EXTENDED BY RESOLUTION NO. 4412 ON THE FILING OF APPLICATIONS FOR CONDITIONAL USE PERMITS (CUPs) IN PROPERTY LOCATED WITHIN TNE R-2 SINGLE-FAMILY RESIDENTIAL DISTRICT, THE R-3 11IV0-FAMILY (DUPLEX) RESIDENTIAL DISTRICT AND THE C-1 LIGHT COMMERCIAL DISTRICT, AND SETTING A PUBLIC HEARING FOR THE 4th DAY OF MAY, 2009, TO CONSIDER THE AMENDMENT AND EXTENSION OF THE MORATORIUM ON THE FILING OF APPLICATIONS FOR SPECIFIED CUPs WITHIN SPECIFIED ZONING DISTRICTS WHEREAS, Section 35A.63.220 of the revised Code of Washington (RCV1) 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 Resolution No. 4472 April 2, 2009 Page 1 of 4 1 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; 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, the moratorium was extended for an additional six months subject to the requirements for a subsequent public hearing held on December 1, 2008, pursuant to statute, so that the City Council has an opportunity to evaluate the direction that should be pursued in connection with CUPs; and WHEREAS, during and following the public hearing, the City Council heard testimony and received concerns about the continued application of the moratorium to properties in the C-1 Light Commercial District; 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 to be held on May 4th 2009, pursuant to statute, so Resolution No. 4472 April 2, 2009 Page 2 of 4 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 RES4LVES as follows: Section 1. Modification of Moratorium. The City Council hereby amends the moratorium established on May 19, 2008, by Resolution No. 4357 and extended by Resolution No. 4412 for an additional period of six months from and after the date hereof on the filing of applications for specified conditional use permits (CUPs) for property located within certain land use zoning districts within the City, deleting from the scope of the moratorium its application to properties within the C-1 Light Commercial District, so that the moratorium hence forth applies only to the filing of applications for CUPs for property located within the R-2 Single-Family Residential District and the R-3 Two-Family (Duplex) Residential District, and 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, and paragraphs (G) and (J) for the R-3 District. Section 2. Terms of Moratorium as Modified and Extended. The - moratorium initially established by Resolution 4357 and extended by Resolution No. 4412, shall continue to be in effect as amended by this Resolution No. 4472, 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 Resolution No. 4472 Apnl 2, 2009 Page 3 of 4 automatically expire upon the effective date of an Ordinance revising the provisions for CUPs for the specified purposes in the specified zoning districts. Section 3. Public Hearing Schedule. That a public hearing on the proposal to impose a moratorium on the filing of applications for the specified CUPs within the R-2 Single-Family Residential District and the R-3 Two-Family (Dupiex) Residential 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 4th day of May 2009, at the City of Auburn Ci#y 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. Section S. Effective Date. This Resolution shaH be in full force and effect upon passage and signatures hereon. Dated and Signed this day of , 2009. CITY OF AUBURN ATTEST: PETER B. LEWIS MAYOR Danielle E. Daskam, City Clerk APPROVEJQ AS TQ FO,RM: aniel B. eid, C' Atto*y Resolution No. 4472 April 2, 2009 Page 4 of 4 >1~ I