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HomeMy WebLinkAbout4412RESOLUTION NO.4 4 1 2 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 3f-? day of - / 11;1lu'i , 2008. CITY OF AUBURN K;>I? 9&- A?) , Aq? &g PETE B. LEWIS MAYOR ATTEST: zdikw?P?11 Da Ile E. Daskam, City Clerk AP ROVEI AS,TO,,FORMy: f i/ 1 f /'? tl 4 ' ?," P4a \e?\J d ? Daniel B. Heil; City Attorney, Resolution No. 4412 October 28, 2008 Page 4 of 4