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Home My WebLink AboutITEM II-A-2C[TY OF ~`gfi MRN WASHWGTON AGENDA BILL APPROVAL FORM Agenda Subject: Public Hearing Conditional Use Permit Moratorium Date: April 28, 2009 Extension Department: Planning, Attachments: Resolution No. 4472 Budget Impact: N/A Building, and Community Administrative Recommendation: City Council conduct the public hearing. No further City Council action is necessa and recommend Cit Council sustain moratorium as ado ted. Background Summary: At the April 6, 2009 City Council meeting, the City Council directed staff td further analyze the C-1 amendment and return to Planning and Community Development (PCDC) and Public Works (PWC) committees with the information for discussion purposes. PCDC met on April 13, 2009 and PW met on April 20, 2009. PCDC 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) finro-family dwellings (duplexes), (2) multiple-family dwellings (includes apartments), and (3) professional offices. 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, 2009 and an extension is needed to complete the Phase I code update work and continue evaluation of C-1 Light Commercial District which will take place in Phase 2 of the code update. At the April 20, 2009 the City Council meeting the Council's decision was to extend the moratorium only with no modifications. 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. It is recommended that the City Council sustain this moratorium extension as adopted by Resolution No. 4472. Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport 0 Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services [D Planning & CD ❑ Fire 0 Planning ❑ Park Board 0 Public Works 0 Legal ❑ Police p Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources p Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Norman Staff: Baker Meetin Date: Ma 4, 2009 Item Number: II.A.2 AUBURN * MORE T'HAN 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 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) Resolution No. 4472 April 20, 2009 Page 1 of 5 Residential District and the C-1 Light Commercial District within the City of Aubum, including, specifically, CUPs pursuant to Section 18.14.030 of the Aubum 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, 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 that the City Council has an opportunity to evaluate the direction that should be pursued in connection with CUPs. Resolution No. 4472 April 20, 2009 Page 2 of 5 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. Extension 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 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 the C-1 District. Section 2. Terms of Moratorium Extension. 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. Resolution No. 4472 April 20, 2009 Page 3 of 5 Section 3. Public Hearinp 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. Section 4. Administrative Imqlementation. 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 shall be in full force and effect upon passage and signatures hereon. Dated and Signed this "day of 2009. OF ~ C Vff PETER B. LEWIS MAYOR Resolution No. 4472 April 20, 2009 Page 4 of 5 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: 46--Z - S even L. Gross, Assistant City Attorney Resolution No. 4472 Aprii 20, 2009 Page 5 of 5