HomeMy WebLinkAboutITEM VIII-B-4"K
CI7Y OF
AGENDA BILL APPROVAL FORM
WASH[NGTON
A enda Sub'ect: Resolution No. 4472
Date: A ril 20, 2009
Department: Planning, Building,
Attachments: Resolution No. 4472
Budget Impact: N/A
and Community
Administrative Recommendation: Cit Council ado ts Resolution No.4472.
Background Summary:
At the April 6, 2009 City Council meeting, the City Council directed staff to further analyze the C-1
amendment and return to Planning and Community Development (PCD) and Public Works (PW)
committees with the information for discussion purposes. PCD met on April 13, 2009 and PW met on April
20, 2009. PCD moved to forward Resolution 4472 to full Council. The following paragraphs summarize
the resolution:
An initial six month moratorium was established 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 after a public
hearing held on December 1, 2008 (Resolution 4412). These resolutions placed a moratorium on
development requiring a conditional use permit for three narrowly focused uses: (1) two-family dwellings
(duplexes), (2) multiple-family dwellings (includes apartments), and (3) professional offices. (See included
memo dated March 11, 2009 from Cindy Baker to Mayor Pete Lewis for further details.) The primary
reason for 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, which will include a review of conditional use permits. The code update effort is well underway 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 to statute, so that the City Council
has an opportunity to evaluate the direction that should be pursued in connection with CUPs.
The resolution modifies the moratorium for the C-1 Light Commercial District, specifically, CUPs pursuant
to Section 18.26.030, paragraph A that provides exceptions for mixed use development. 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 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 May 4, 2009 at the regular council meeting beginning at 7:30 p.m. or as soon
thereafter.
L0420-3 03.10.1
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
❑ Building ❑ M&O
❑ Airport ED Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv.
❑ Finance ❑ Parks
❑ Human Services 0 Planning & CD
❑ Fire ED Planning
❑ Park Board E Public Works
0 Legal ❑ Police
❑ Planning Comm. ❑ Other
❑ Public Works ❑ Human Resources
❑ Information Services
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing 5/ 04/ 2009
_
Referred to Until 1_/_
il
Tabled Unt
Councilmember: Wa ner
Staff: Baker
Meeting Date: April 20, 2009
Item Number: VIII.B.4
t1UBURN*M0RE THAN YOU IMAGINED
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 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 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
(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)
Resolution No. 4472
April 13, 2009
Page 1 of 5
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; 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 13, 2009
Page 2 of 5
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. 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, and amending the scope of the moratorium in 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 that specifically relate to 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, and for CUPs for property located within the C-1 Light Commercial
District within the City of Auburn, that specifically relate to CUPs pursuant to
Section 18.26.030 ACC, paragraph (A) for the C-1 District, provided that the
moratorium shall not apply to cohesive mixed use development projects as
determined by the Director of Planning, Building and Community, where the
Director of Planning, Building and Community determines, interprets and
construes mixed use development projects, for the purposes hereof, as those
Resolution No. 4472
April 13, 2009
Page 3 of 5
projects that include a mixture of commercial and residential uses, so long as the
principle use of not less than twenty percent (20%) of the total square footage
(floor space) of the building(s) of the project is for commercial retail use and/or
commercial service use, versus residential uses, and further provided that there
shall be no other variances, engineering deviations or other exceptions from the
standards and requirements that would otherwise apply to the project.
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
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 Hearinq Schedule. That a public hearing on the
proposal to impose a moratorium on the filing of applications for the above
specified 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 4th day of May 2009, at the City of Auburn City Council
Chambers, Auburn City Hall, 25 West Main Street, Auburn, Washington.
Resolution No. 4472
April 13, 2009
Page 4 of 5
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 5. Effective Date. This Resolution shalt 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
APPRe@t/ED AS,-TO FORM:
niel B. Heid,'Utty Httorney
Resolution No. 4472
April 13, 2009
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