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HomeMy WebLinkAbout06-16-2014 CITY COUNCIL AGENDA MODIFICATION * �* CITYOF_—� /* v , � = ` ' � m / /--� WASHINGTON TO: Members of the City Council Mayor Backus Department Directors FROM: Danielle Daskam, City Clerk SUBJECT: Agenda Modification DATE: June 16, 2014 The June 16, 2014, City Council agenda is modified as follows: IV. CONSENT AGENDA Public Works Project No. CP 1122 is added to the Consent Agenda. D. Public Works Project No. CP1122* (Osborne/Snyder City Council grant permission to advertise for bids for Project No. CP1122, 30�h Street NE Area Flooding — Phase 1. VIII. RESOLUTION The following resolution is added to the agenda. E. Resolution No. 5079• (Holman/Snyder/Heid) A Resolution of the City Council of the City of Auburn, Washington, establishing a moratorium on acceptance or processing of applicaEions for business licenses and other licenses, permits and approvals for communal residential rental housing * �aivoF_ -1^ �• /�� : � '� AGENDA BILL APPROVAL FORM ASH WGTON Agenda Subject: Public Works Project No. CP 1122 Date: June 16, 2014 DepaRment: Attaehments: Budget Impact: Corrimunity Development 8 Budget Status SFieet 8 Vicinity Map Public Works Administrative Recommendation: City Council grant permission to advertise for bids for Project No. CP1122, 30'" Street NE Area Flooding— Phase 1. Background Summary: The purpose of this project is to design and construct a new 42-inch storm line from the northwest corner of the airport prbperty to the existing Brannan Park Pump Station. The pipe will replace the existing 30- inch storm pipe generally located along 30th Street NE and the northerly boundary of Brannan Pa�k. The project will relieve street flooding that results from the limited capacitjr of the existing 30-inch line to convey the storm water to its current Brannan Park Pump Station discharge point. The project also includes street preservation improvements along 30th St. NE as part of the Arterial Preservation Program. Construction of this project is anticipated to start in August 2014 and be completed by December 2014. The estimated total project cost is$3,540,702.00, which is equal to the amount budgeted for the project. Reviewed by Councll 8 Commlttees: Reviewed by Departmente 8 Divisions: �Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M80 ❑Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning 8 CD ❑ Fire ❑ Planning ❑ Park Board �Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources � Information Services Aclion: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call tor Public Hearing _/_/_ Referred to Until / / 7abled Until / / Couneilmember: Osbome Staffi Gaub Meetin Date: June 16, 2014 Item Number: AUBURN * MOE�E THAN YOU fMAGINED BUDGET STATUS SHEET Pro oct No: CP7122 Project Tltle: 70th Slrcet NE Noa FlooOing•PHASE 1 ProJoct Managor: Klm Truong p ConsultantAgreement Initiation Date: 1/7/13 �i Permislon to AdveRlse Date:O6/6l14 Ativertisemant Date: _ � Conlract Awerd Award Dale: � Change Ortler Approval Q Carry Forward to 2074 The"FUture Year5"column intlicales the projected amount to be requestetl in future butlgets. Funds Bud eted Funds Available Funtling Prior Years 2012 2013 2014 Total a32 Funtl-Slorm(Public Works Trust Fund) 3,00O.00D 3,000,000 432 Fund-S�orm 49 12.J62 278,291 290,702 102 Anerial Street Fund 250,000 250,000 Total 49 12.362 278.297 3.250,000 3,540,702 Estimated Cost Funds Needed q����y PriorYears 2012 2073 2014 Total De.sign Engineering-Ciry Cosis <9 12,362 26608 15,000 54,020 Desiqn Engineering-Consullant 251970 45,000 296,370 Pertnits 912 312 Construction Estimate 3,OOO,D00 3,000,000 Projecl Contingency 130,000 730,000 Cons[ruction Engineering-Consultant 10,000 10,000 Conslruclion Engineering-Ci Costs 50,000 50,000 Total 49 72,362 278,291 3,250.000 3.540,702 432 Storm Bud et Status Prior Years 2012 2013 2014 Total '432 Funtls Budgeted () (a9) (12.362) (278291) (3,000.000) (3.290702) 432 Funtls Neetletl 49 12,362 278,29t 3.000,000 3,290,702 'd32 Fund ProJoct Contlngoney(� 0 0 0 0 0 a�2 funda Requlred 0 0 0 0 0 102 Arterial Street Bud et Status PriorYears 2012 2013 2074 Total '102 Funds ButlBetetl ) 0 0 0 (250,000) (250.000) 102 Funtls Needed 0 0 0 250,000 250,000 '102 Fund Pro oct ConQngenc O 0 0 0 0 0 102 Funda Requlred 0 0 0 0 0 '(#)in lhe Budget S[atus Sections indicates Money the City has available. �n� sr Nw TN sT ue 37TH ST NE z r N aeni sr nc — aSiN Si n'E 's N z m } 2 r � N N � � Z �zr+o r� r+r � > >�ND � m � � s � Q �AV N � ' � 70T1 51 NW Jp7ry ST NC_ OT _ 0 NE � Z� Z ST N � � BRANNAN ' PARK 'z an+ sr • sen� s7 n � a � : � s m Phase 1 � " e O o en+ .i � � Project Area Z°'" ` ` ,� 8� w = _ wo � � 1 � _ , � � 1.1 S y ? E w '� < � AUBURN ' � MUNICIPAL � 0 PL AIRPORT 22ND T 47N0 S7 AE S I 2 yi ' T .T � 715 m N yri Z t � Y � T � 2 ; N F _ N N ? Z � F a 1H c 16TI�i » 5T N- 1 l x � E � :en� s� C i iR ST " �� . � NE m � " � 15TN 5T r!E � i � sr 15TH ST NE �sn� sT Ne 1 N � � z� = z 14 SI 'N A 1 TH S m U Vicinity Map �� tn - 30 Street NE Area Flooding, Phase 1 r,� w��roN N �ro� *--f�CITY OF_ f , -, �� ° ' AGENDA BILL APPROVAL FORM �� WASHINGTON Agenda Subject: Resolution No. 5079 Date: June 16, 2014 Department: Community Attachments: Resolution No. 5079 Budget Impact: Development& Public Works Administrati4e Recommendation: City Council adopt Resolution No. 5079. Background Summary: The current provisions of the Auburn City Code (ACC) include definitions of and regulations related to communal residences. See, for instance, ACC 18.04249 and 18.31.130, set forth below. These regulations were implemented to address impacts of residential housing in and near Green River community college where multiple students may be residing without a landlord present as an owner occupant. The city has had several applications for conditional use permits related to these uses, and the commentary received by the city from applicants as well as neighbors indicates to the city that there is a need for further review of how the city can address or respond to communal residence rental housing. Because of the unknown factors that may be appropriate for inclusion in regulations, and because of the need to address impacts from communal residence rental housing, it is appropriate that the city impose a moratorium so that it has the time to properly study the issues and develop, adopt and implement appropriate regulations. The city's authority to impose a moratorium is set forth in section 35A.63.220 of the Revised Code of Washington (RCW), also set forth below. The moratorium includes a work plan that would accommodate an initial one-year moratorium, giving the City, its planning staff and the planning commission, the opportunity to fully evaluate the issues and develop regulations related to communal residence residential housing. 18.04.249 Communal residence. A dwelling, without an owner occupant, that is rented to a group of unrelated individuals. (Ord. 6477 § 10, 2013.) Reviewed by Council 8 Committees: - Reviewed by DepaRmenis 8 Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M80 ❑ Airport ❑ Finance ❑ Cemetery � Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks p Human Services ❑ Planning 8 CD ❑ Fire � Community Development ❑ Park Board ❑Public Works � Legal ❑ Police� ❑ Planning Comm. ❑ Other ❑ Public U/orks ❑ Human Resources - ❑ Innovation/Technolo Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing _/_/_ Referred to Until / / Tabled Until _/_/_ Councilmember: Holman Staff: Heid/Sn der Meetin Date: 06/16I2014 Item Number: AUBURN * MORE THAN YOU IMAGINED Agenda Subject: Date: 18.31.130 Communal residence. A. Parking Requirements 1. There must be one off-street parking stall per renter. A landlord may reduce the off-street parking requirement if an affidavit is signed that a tenant does not own a vehicle. B. Solid Waste Management Requirements 1. ACC Section 8.08.070 requires all occupied units to have minimum garbage service. The landlord is required to provide tenants with adequate garbage and recycle receptacles meeting the minimum garage service level. 2. The Iandlord is responsible to provide each tenant with the solid waste collection schedule and that schedule is to be pbsted within tlie unit. C. An annual building inspection is required for a communal residence as part of the required rental housing business license. D. International Property Maintenance Code occupancy requirements are applicable to a communal residence regariiless of the number of individuals living in the residence. E. Amortization Schedule 1. Existing communal residences haye until December 31, 2013 to become compliant with the regulations outlined in this Title and Title 5 as it pertains to communal residences. F. The following criteria are required to be met for any communal residence over 4 unrelated individuals in addition to the required criteria for a conditional use permit under ACC 18.64.040. As stated in ACC 18.07.020, a conditional use permit is required. 1. Adequate living space based on the International Property Maintenance Code standards will be taken into account when a request for more than 4 unrelated individuals is requested. 2. A designated property manager that is available 24 hours a day, 7 days a week is required. 3. The request for more than 4 Onrelated individuals will not adversely impact the surrounding community. 4. The applicant must show how noise will be mitigated. (Ord. 6477 § 9, 2013; Ord. 6245 § 15, 2009.) RCW 35A.63220 35A.63:220 Moratoria, interim zoning controls- Public hearing - Limitation on length. A legislative body that adopts a moratorium or interim zoning ordinance, without holding a public hearing on the proposed moratorium or interim zoning ordinance, shall hold a public hearing on the adopted moratorium or interim zoning ordinance within at least sixty days of its adoption, whether or not the legislative body received a recommendation on the matter from the planning agency. If the legislative body does not adopt findings of fact justifying its action before this hearing, then the legislative body shall do so immediately after this public hearing. A moratorium or interim zoning ordinance adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period. A moratorium of [or] interim zoning ordinance may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal. [1992 c 207§ 3.] Page 2 of 2 RESOLUTION NO. 5 0 7 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ESTABLISHING A MORATORIUM ON ACCEPTANCE OR PROCESSING OF APPLICATIONS FOR BUSINESS LICENSES AND OTHER LICENSES, PERMITS AND APPROVALS FOR COMMUNAL RESIDENTIAL RENTAL HOUSING WHEREAS, the City of Auburn has seen an increase in rental housing particularly in residential neighborhoods adjacent to Green River Community College and through citizen comment determined the City's rental housing related c.odes need to be amended in some fashion; and WHEREAS, the current provisions of the Auburn City Code (ACC) define communal residences as dwellings without an owner occupant that is rented to a group of unrelated individuals [ACC 18.04.249], and further identify regulations related to communal residences [ACC 18.31.130], however, it appears that these provisions may not be adequate to fully address the issues related to communal residences; and WHEREAS, in order to address issues related to rental housing primarily in single family residential neighborhoods, it is appropriate to fully evaluate and consider the different options and avenues through which communal residence rental housing operates; and WHEREAS, in conformity with the responsibilities of the City of Auburn to provide for zoning and land use regulations pursuant to state law, and the City's au4hority to regulate land use activity within its corporate limits, the City intends to explore and evaluate how it can most reasonably and responsibly address the issues and impacts related to communal residence rental housing; and Resolution No. 5079 June 16, 2014 Page 1 of 5 WHEREAS, in order to give the City adequate time to fully consider all the options and alternatives for appropriate regulations, and to fully investigate and review all of the factors involved in communal residence rental housing related uses, the City needs to impose a moratorium on accepting and processing applications for communal residence rental housing uses, until its review of needed regulations and the adoption and implementation of needed regulations can be completed; and WHEREAS, RCW Sections 35A.63.220 anii 36.70A.390 authorize cities to adopt moratoria; and WHEREAS, consistent with the provisions of RCW 35A.63.220, it is appropriate for 4he City Council to hold public hearings and to au4horize the holding of public hearings and/or other means to gather information and adopt findings of fact supporting and justifying the moratorium, and to implement a work plan for review of the issues related to communal residence rental housing uses in the development of and/or amendment to the City's business and land use regulations. NOW, THEREFORE, THE CITY GOUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. Moratorium Established. Pursuant to RCW 35A.63.220, a moratorium is hereby imposed prohibiting the City from receiving and/or processing any applications for any communal residence rental housing uses in any and all zoning districts in the City of Auburn; provided that this moratorium shall not apply to adult family homes or group residences that are afforded separate statutory protections under state law. ---------------------------- Resolution No. 5079 June 16, 2014 Page 2 of 5 Secfion 2. Term of Moratorium. The moratorium imposed by this resolution shall become effective on the date hereof, and shall continue in effect for an initial period of one year, unless repealed, extended or modified by the City Council after subsequent public hearing(s) and entry of appropriate findings of fact pursuant to RCW 35A.63.220, provided that the moratorium shall automafically expire upon the effective date of business licensing, zoning and land use regulations adopted by the Gity Council to address communal residence rental housing related businesses and land uses to be located in the City of Auburn. Section 3. Preliminary Findings. The following preliminary findings of fact are heretiy adopted' A. That communal residence rental housing related uses and businesses have the potential for significant impacts on neighborhoods and the community. B. That because of the potential impacts of these communal residence rental housing related uses and businesses, and the need fo fairly and reasonably accommodate housing needs for those persons who would reside in communal residence rental housing, special care and attention needs to be employed in evaluating, considering and developing appropriate legislation that satisfactorily addresses the concerns of the City while also conforming to legal requirements. C. It is appropriate to collect and compile documentation, information, testimony and statements of concerned citizens of the City and of other persons interested in or familiar with the issues of communal residence rental hous.ing related uses and businesses and their impacts to fully explore ways to protect the City and its citizens from the adverse impacts of such businesses and uses. Section 4. Conclusion. Based on the above Findings of Fact, the City Council concludes that the City has the authority to establish a moratorium, and that it is necessary to establish a moratorium, concerning the establishment, operation, and processing of applications for communal residence rental housing related uses and businesses, to act as a stop-gap measure in order to 1) to provide the City with an opportunity to study the issues concerning the appropriate revisions to the City's codes and regulations; and 2) to protect the health, safety and welfare of the citizens of Auburn by ameliorating the adverse impacts of communal residence rental housing related uses and businesses. ----------------------------- Resolution No. 5079 June 16, 2014 Fage 3 of 5 Section 5. Work Plan. The following work plan is adopted to address the issues involving communal residence rental housing related use and business regulations: A. That the City of Auburn Planning Commission shall be authorized and directed to hold public hearings and public meetings to fully receive and consider statements, testimony, positions and other documentation or evidence related to the issue of communal residence rental housing related uses and businesses. B. That the Planning Commission and City staff are authorized and directed to review the experiences of other jurisdictions, the status of legal cases, and statistical data, information, studies and other evidence compiled by other municipalities, of the implications and impacts of communal residence rental housing related uses and businesses, and to review State and Federal law and regulations, including but not limited to state and federal landlord-tenanUrental regulations and fair housing regulations, as well as ordinances and codes adopted and implemented by other municipalities to address communal residence rental housing related uses and businesses, and any other information 4hat is pertinent to consideration thereof. C. That the City of Auburn Planning Commission shall work wi4h City staff and the citizenry of the City to develop proposals for regulation of communal residence rental housing related business and zoning uses, and related considerations, to be forwarded in their recommendations to the City Council for inclusion in ordinances and ultimate adoption as a part of the City Code of the City of Auburn. D. That the Mayor, in consultation with the City Attorney, the Director of Community Development and Public Works and other staff, shall periodically advise and report to the Ciry Council as to the status of hearings, meetings and information development regarding activities of the Planning Commission and City staff relative to the evaluafion, consideration and development of regulations related to communal residence rental housing related uses and businesses, with such reports to be scheduled approximately every six (6) months or as appropriate throughout the period of the moratorium and any extensions thereof, until adoption of a comprehensive oriiinance and regulations are developed, adopted and implemented, relating to communal residence rental housing related uses and businesses becoming effective in conjunction with the termination of the moratorium referred to in this Resolution. Section 6. Public Hearing. A public hearing shall be scheduled for 7:30 p.m. or as soon thereafter as the matter may be heard, on the day of , 2013, in Ciry Council Chambers, 25 West Main Street, Aubum, Washington 98001, to hear and consider the comments and testimony of those wishing to speak at such public hearing regarding the moratorium, Resolution No. 5079Y June 16, 2014 Page 4 of 5 Section 7. Severability. If any sections, sentence, clause or phrase of this Resolution shall be held to be invalid or unconstitutional by a court of competent jurisdic4ion, or its applica4ion held inapplicable to any person, property or circumstance, such invalidity or unconstitutionality or inapplicability shall not effect the validity or constitutionality of any other section, sentence, clause or phrase of this Resolution or its application to any other person, property or circumstance. Section 8. Effective Date. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of , 2014. CITY OF AUBURN NANCY BACKUS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Resolution No 5079 June 16, 2014 Page 5 of 5