HomeMy WebLinkAbout3082 Develop Code Amend Group 1
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ORDINANCE NO. 3082
AN ORDINANCE OF THE CITY OF MOSES LAKE, WASHINGTON, RELATING
TO AMENDMENTS TO THE CITY OF MOSES LAKE UNIFIED DEVELOPMENT
CODE 15.640.040 TO ALLOW 95% COMPACTED GRAVEL FOR PARKING
AND LOADING REGARDING MINI STORAGE DEVELOPMENT STANDARDS
WITHIN THE INDUSTRIAL ZONES (L-I AND H-I); AMENDMENT TO
15.405.070 ADDING AUTO REPAIR AND AUTO BODYSHOP TO THE LAND
USE TABLE; AND 15.427.040 TO ADD A NEW FLIGHT ZONES
COMPATIBILITY, PROHIBITION AND DENSITY TO THE AIRPORT
OVERLAY DISTRICT AND ESTABLISHING AN EFFECTIVE DATE.
Recitals:
1. The City of Moses Lake adopted the Title 15 – Unified Development Code (MLUDC)
October 4, 2024; and
2. City of Moses Lake MLUDC Chapter 15.240 Comprehensive Plan and Development
Regulation Amendments governs the process for development regulation
amendments; and
3. On August 26, 2025, the City Council created and set the “2025 Code Amendment
Final Docket” which is a list of 52 City of Moses Lake Unified Development Code
text amendments. Placement on the “Final Docket” is not approval of the proposal.
Rather, it means the City Council has determined the proposal is worthy of
devoting resources and time to complete the amendments, and the City Council is
being asked to consider the Planning Commission’s recommendation, and may
adopt, reject, or change the recommendation to create the “Final Docket.”; and
4. Due to citizens awaiting code amendments for soon to be active permits and/or
development, Community Development Department asked that the Final Docket
be broken into four “Groupings” for the Planning Commission actions; and
5. On October 16, 2025, the Planning Commission completed its first round of
processing amendments that included workshops on August 28, 2025, and
September 25, 2025, with a Public Hearing on October 16, 2025 (pursuant to
Chapter 15.240 Comprehensive Plan and Development Regulation Amendments).
Whereby, the Planning Commission provided opportunity for public comments,
reviewed, deliberated, edited and made recommendations for the final text
changes (amendments); and
6. During the duly noticed hearing of October 16, 2025, the Planning Commission
Recommended the following amendments:
a. Docket No. 3. Amendment to 15.640.040 to allow 95% compacted gravel
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for parking and loading regarding Mini Storage Development Standards
within the Industrial Zones (L-I and H-I), and amendment for an allowance
to use engineered product for “low trip volume” areas regarding mini
storage. This is combined with Docket No. 4. Amendment to Chapter
15.105 to add definition of engineered product for “low trip volume” areas.
The engineered product definition should include porous / pervious
materials.
b. Docket No. 15. Amendment to 15.405.070 adding Auto Repair and Auto
Bodyshop to the land use table (not listed) and amend Chapter 15.105 to
clarify and add definitions (paint and without paint)
c. Docket No. 30...Amendment to 15.425.040 and 15.427.040 to add a new
Flight Zones compatibility, prohibition and density to the Airport Overlay
Districts
7. During the duly noticed hearing of October 16, 2025, the Planning Commission
recommended the following overall findings of fact:
a. The City of Moses Lake has adopted the Comprehensive Plan pursuant to
the Growth Management Act (GMA), which has been found to be consistent
with each other.
b. The City of Moses Lake adopted the Title 15 - Unified Development Code
October 4, 2024.
c. The City of Mose Lake Planning Commission is responsible for long-range
planning matters and providing implementation recommendations to
assure compliance with the Growth Management Act. These measures
include updates and amendments to the comprehensive plan; development
regulations, environmental regulations, and any other rules, actions or
regulations deemed necessary to implement the Growth Management Act.
d. RCW Chapters 36.70 and 36.70A authorize the adoption of development
regulations, and amendments to the City of Moses Lake Unified
Development Code (MLUDC) are required to comply with State Statues.
e. The Planning Commission conducted workshops on parts of the proposed
amendments on August 28, 2025, and September 25, 2025.
f. The amendments are not a part of the Growth Management Act Periodic
Update (RCW 36.70A.130) - Comprehensive Plan / Code update.
g. On October 16, 2025, the Planning Commission conducted an advertised
public hearing. The Planning Commission entered into the record the files
on these amendments, accepted public testimony, and deliberated the
merits of the amendments.
h. The Planning Commission has reviewed the entire record and public
testimony as it relates to the proposed amendments to the City of Moses
Lake Unified Development Code (MLUDC).
i. The amendment has been processed in compliance with State and Local
regulations and standards.
j. The proposed amendments are consistent with both the statue and
supporting sections of the MLUDC.
k. The intent of the amendments are to strengthen and improve project review
and permitting for construction and land use project permits.
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l. The City of Moses Lake Comprehensive Plan Goals and Policies encourage
efficient, straightforward, easy to understand, regulations to ensure
openness of government and efficiency of permit processing.
m. According to the City of Moses Lake Comprehensive Plan, the following
Goals and Policies support the amendments overall:
Land Use
i. Goal 3.1 Provide for coordinated, logical, orderly growth of the city.
ii. Policy 3.1.7 Adopt user-friendly development regulations that
implement Moses Lake's land use vision while offering flexibility for
creative solutions. Examples of this may include:
iii. Use of simple language and easy-to-read charts and graphics in the
development code;
iv. Monitoring of development trends and refinement of the
development code over time to facilitate preferred development
character and land use patterns; and
v. Inclusion of flexible development standards and incentive programs
that offer multiple options for meeting development requirements.
Menu-based options provide choice and flexibility to developers
while ensuring new development meets the City's policy goals.
n. The amendments are consistent with the Comprehensive Plan
8. During the duly noticed hearing of October 16, 2025, the Planning Commission
recommended specific amendment Findings of Fact and are attached within the
PC Staff Report.
9. On September 19, 2025, Pursuant to 15.240.050 Public Notice, the City of Moses
Lake duly noticed the amendments. Notice of the proposed amendments was
sent to the Department of Ecology SEPA Register. Additional notice was provided
to local and regional agencies for the 14-day review and comment
period/environmental determinations
10. On September 19, 2025, the City of Moses Lake issued a SEPA Determination of
Non-Significance; and
11. On November 12, 2025, the City Council conducted First Reading of the Planning
Commission recommended amendments for review and deliberation, and
12. Pursuant to 15.240.100 Review of Amendments to Development Regulations (D),
the City Council will review the Planning Commission recommendations and the
criteria set forth in MLUDC 15.240.080(B) and take action on each proposed
amendment to the development regulations. Council may reject or accept in whole
or part the Planning Commission’s recommendations. All amendments shall be
approved by ordinance by the City Council.; and
13. The City Council has reviewed the Planning Commission recommendation,
concurs with the recommendation, and hereby adopts the Findings within the
recommendation.
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THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS
FOLLOWS:
Section 1. Recitals Incorporated. The Recitals set forth above are hereby adopted and
incorporated as Findings of Fact of the City Council.
Section 2. The attached City of Moses Lake Unified Development Code amendments are
hereby adopted.
Section 3. Severability. If any section, sentence, clause or phrase of this ordinance should
be held to be invalid or unconstitutional by a court, board or tribunal of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase of this ordinance.
Section 4. Enforcement. Violations of this ordinance are enforceable to the same extent
as other violations of Title 15 MLUDC and are equally subject to injunctive and other
forms of civil relief that the City may seek.
Section 5. Conflict. In the event that there is a conflict between the provisions of this
ordinance and any other City ordinance, the provisions of this ordinance shall control.
Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days
after its passage and publication of its summary as provided by law.
Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on
November 25, 2025.
________________________________________
Dustin Swartz, Mayor
ATTEST:
________________________________
Debbie Burke, City Clerk
APPROVED AS TO FORM:
__________________________________
Katherine L. Kenison, City Attorney
Martinez Swartz Myers Fancher Madewell Lombardi Skaug
Vote: Aye
Aye Aye Aye Aye Aye Aye
Date Published: December 3, 2025
Date Effective: December 8, 2025
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Attachment A
Docket No. 3 & 4. Amendment to 15.640.040 to allow 95% compacted gravel for
parking and loading regarding Mini Storage Development Standards within the Industrial
Zones (L-I and H-I), amendment for an allowance to use engineered product defined,
and for “low trip volume” areas (apron and drive distention) regarding mini storage.
Proposed Amendment
15.640.040 Mini Storage Development Standards – Industrial Zone (L-I) and (H-I):
A. All The first 30 feet of entrance (accessway including the apron connecting to public
right-of-way and driveway / access aisle), travel surfaces, loading areas, and building
aprons shall be surfaced with asphalt or, concrete hard surface pavement. The
remaining travel surfaces, loading areas, and parking shall be surfaced with asphalt,
concrete, and/or 95% compacted engineered gravel product which is per porous /
pervious, or other similar hard surface pavement as approved by the Director.
(Subsequent Section Remains unaltered)
15.105.007 G Definitions:
(Previous definition remains unaltered)
Gravel, 95% compacted means engineered gravel product which is per porous /
pervious meeting 95% compaction rating. 95% compaction means the compacted
material has reached 95% of its maximum possible dry density as determined by a
ASTM D1157 Proctor test.
(Subsequent definition remains unaltered)
15.715.080 Development and Maintenance
(Previous section remains unaltered)
A. 1. Surfacing. a. Excepting for 15.640.040 (A), Parking areas shall be surfaced
with an asphaltic or cement binder pavement or other approved material. Parking
areas shall be built on a suitable base so as to provide a durable and dustless
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surface and shall be so graded and drained as to properly dispose of all surface
water on site.
(Subsequent section remains unaltered)
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Attachment B
Docket No. 15. Amendment to 15.405.070 adding Auto Repair and Auto Bodyshop
to the land use table (not listed) and amend Chapter 15.105 to clarify and add
definitions (paint and without paint)
Proposed Amendment
Table 15.405.070. Non-Residential Land Uses by Zone
Land Use
Zones
MLDUC
Reference
Residential Commercial and
Mixed Use Industrial Public
R-1 R-2 R-
3 C-1 C-1A C-2 L-I H-I P
Fueling or service
stations P P P
Auto Repair P P P P
Auto Repair, Paint P P P
(Subsequent section remains unaltered)
15.105.001 A Definitions:
(Previous definition remains unaltered)
“Auto Repair” means a building or portion thereof designed and used for storage, repair
or servicing of motor vehicles or boats as a business.
“Auto Repair, Paint” means a building or portion thereof designed and used for storage,
repair or servicing of motor vehicles or boats as a business including painting
operations.
(Subsequent definition remains unaltered)
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15.105.006 F Definitions:
(Previous definition remains unaltered)
“Fueling or Service Stations” means any area of land, including the structures thereon,
that is used for the sale of gasoline or other motor fuels, oils, and lubricants. and auto
accessories (including areas for storage) and which may or may not include, lubricating
and other minor servicing but no painting operation.
(Subsequent definition remains unaltered)
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Attachment C
Docket No. 30. Amendment to 15.425.040 and 15.427.040 to add a new Flight
Zones “compatibility, prohibition, and density” to the Airport Overlay Districts
Proposed Amendment
(Below figures are unaltered and used for ease of reference)
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(Previous section remains unaltered)
15.427.040 Prohibited Uses
Prohibited uses are the same as for the underlying zoning district as listed in Tables
MLUDC 15.405.060 and 15.405.070, except no permit shall be granted in the Overlay
District that would:
A. No Airport Hazards. Allow the establishment or creation of an airport hazard,
including but not limited to:
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1. Electrical interference with navigational signals or radio
communications at the airport or with radio or electronic
communications between the airport and aircraft.
2. Emission of fly ash, dust, vapor, gases, or other forms of
emissions that may conflict with any planned operations of
the airport.
3. Foster an increase in bird population and thereby increase the
likelihood of a bird-impact problem.
4. Erection or placement of any structure, device, or other object
that makes it difficult for pilots to distinguish between airport
lights and other lights, results in glare in the eyes of pilots
using the airports, impairs visibility in the vicinity of the
airport, or otherwise endangers the landing, taking off, or
maneuvering of aircraft.
B. No Incompatible Uses. Authorize any use or activity that would result in the siting
of an incompatible use adjacent to an airport pursuant to RCW 36.70.547, as
amended. This section aligns with the Washington State Department of
Transportation (WSDOT) Airports and Compatible Land Use Guidebook.
C. Other Prohibited Uses. Additional prohibited uses within the Moses Lake
Municipal Airport include:
1. Kennels;
2. Automobile wrecking yards;
3. Residences;
4.2. Storage of any waste not generated within the municipal
boundaries of the City of Moses Lake as a result of a
business licensed within the City; and
5.3. The treatment or storage of any hazardous or nuclear waste.
4. Residential developments, multi-family housing, schools,
hospitals, nursing homes, and public assembly uses (e.g.,
stadiums, concert venues) that attract large concentrations
of people not meeting 15.427.045
D. No Increase in Nonconforming Structures or Use. Permit a nonconforming
structure or use to be made larger or to become higher or become a greater
hazard to air navigation than it was when the MLUDC was adopted.
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These prohibitions shall be enforced through the Airport Overlay Zoning Ordinance and
integrated into the development review process, including:
15.427.045 Density and intensity limitations for new development.
A. Residential Development Density Criteria. Any subdivision of property for the
purposes of residential development within the land use compatibility zones
shall comply with the following density criteria:
1. Land Use Compatibility Zones 1, 2 and 5. No new residential land
divisions are permitted. No new residential dwellings permitted.
2. Land Use Compatibility Zones 3 and 4. No multifamily, except as
permitted in subsection B of this section. Residential land divisions for
single-family development are limited to the underlying Zoning District
and must comply with usage intensity (this section) and deed notification
(subsection - I Deed Notification) requirements. Infill development is
allowed as provided in subsection H of this section.
B. Mixed Use Development. If residential uses are proposed to be located with
nonresidential uses in the same or nearby buildings on the same site, they shall
be treated as nonresidential development provided the residential development
does not exceed thirty percent of the overall square footage of the structures.
The occupancy of the residential portion shall be added to that of the
nonresidential portion and evaluated with respect to the nonresidential usage
intensity criteria defined in subsection D of this section.
C. Special Function Land Use. Special function land uses as defined as land use for
which the significant common element is the relative inability of the people
occupying the space to move out of harm’s way; this includes schools (K—12),
hospitals, nursing homes, day care centers, and other similar uses involving
occupants that require personal assistance in vacating the premises shall be
prohibited in the land use compatibility zones 1, 2, 3, and 4.
D. Nonresidential Development Usage Intensity Criteria. Any proposed
nonresidential construction or use of land within the land use compatibility
zones shall not be permitted if they exceed the following usage intensity
limitations.
1. Zone 1. No people other than aircraft occupants, airport personnel, and
other persons authorized by airport regulations.
2. Zone 2. No more than five people in buildings and per acre average over
the site.
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3. Zone 3. No more than twenty-five people in buildings and per acre average
over the site.
4. Zone 4. No more than four people per acre in buildings and no more than
seventy-five people per acre outside of buildings.
5. Zone 5. No more than one hundred people per acre average over the site.
E. Usage Intensity Calculation Factors. The maximum number of people permitted
on a site within the land use compatibility zones shall be calculated based on the
following factors:
1. All people (e.g., employees, customers, visitors, etc.) who may be on the
property are to be included in the calculations.
2. The calculations must reflect the total number of people on the site at any
time, except temporary special events.
3. All usage intensities are calculated on a gross acreage basis including
streets within a site, half-streets abutting a site, and permanently open
lands.
4. Intensity on the property under review shall be calculated for each acre of
the site by a site plan identifying each one acre area and the respective
use and density. The one-acre areas indicated are to be generally square
or rectangular in shape; provided, that rectangles shall be no longer than
twice their width. To the extent that the parcel is irregularly shaped, the
site plan shall show the best fit of the one acre or portion of one acre
areas consistent with the intent of this chapter.
F. Usage Intensity Data Sources. The usage intensity of all individual uses highly
depends upon the specifics of the proposed land use and its design. Where
necessary to determine the acceptability of a particular proposal within the land
use compatibility zones, the anticipated number of people per acre can be
calculated based upon any of the following methods:
1. The Number of Automobile Parking Spaces Required on the Site. Unless a
substantial number of people would arrive at the site by means other than
automobile (or would park off-site), the anticipated number of people on
the site can be estimated to be at least equal to the number of automobile
parking spaces required for the use. A higher number shall be assumed
for uses that typically attract more than one person per vehicle.
2. International Building Code (IBC) Occupancy Levels. The anticipated
maximum number of people occupying indoor facilities on a site can be
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assumed to be no higher than the total floor area of the proposed use
divided by the minimum square feet per occupant requirements listed in
the IBC. Because the IBC criteria represent highly intensive levels of
usage, the number obtained through this calculation can normally be
divided in half for the purposes of the usage intensity criteria in this
section.
3. Documented Survey or Analysis Results. A project applicant may provide
evidence, such as surveys of existing uses similar to the type proposed,
documenting that specific features of a proposal would result in a usage
intensity lower than that assumed using the methods indicated above.
Acceptance of such evidence shall be at the discretion of City of Moses
Lake Director.
G. Parcels Lying within Land Use Compatibility Zones. If a parcel proposed for
residential subdivision is split by the land use compatibility zone boundaries, the
total number of dwelling units permitted shall be calculated as if the parcel were
multiple parcels divided at the compatibility zone boundary line. Similarly, if a
parcel proposed for nonresidential use is split by compatibility zone boundaries,
the usage intensity shall be calculated as if the parcel were divided at the
compatibility zone boundary line. In both cases, however, the development
density or intensity allowed within the more restricted portion of the parcel can
(and is encouraged to) be transferred to (clustered on) the less restricted portion
even if the resulting development in the latter area then exceeds the criteria for
that compatibility zone. This transfer of development is also allowed with
respect to multiple parcels proposed to be developed as a single project. The
area within the land use compatibility zone shall be allowed a Transfer of
Development or Density to lands within the same parcel for a density bonus of
150%. Additionally, such property shall be allowed, as applicable, upzone
regarding dimensional standards which include, but are not limited to, lot area,
lot width, lot density and setbacks from the underlying zoning to the next more
intense same zoning district (for example from R1 to R2)
H. Infill Development. Where development not in compliance with this chapter
already exists adjacent to the site of the proposal, additional infill development
of similar or less intensive land uses may be allowed to occur even if such land
uses are not allowed elsewhere in the land use compatibility zones. This
exception does not apply within land use compatibility Zone 1. A parcel can be
considered for infill development if it meets all of the following criteria:
1. The parcel size is no larger than two acres.
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2. The site is at least sixty-five percent bounded (excluding roads) by
existing uses similar to, or more intensive than, those proposed.
3. The proposed project would not extend the perimeter of the area defined
by the surrounding, already developed, incompatible uses.
4. In the case of a nonresidential use, the proposed project would not have a
usage intensity more than fifty percent above the intensity permitted in
accordance with subsection D of this section.
5. The proposed project will not otherwise increase the intensity and/or
incompatibility of use through special use permits, density transfers, or
subdivisions.
6. The proposed project complies with all other land use and development
regulations applicable in the underlying zone.
A.I. Deed Notification. As a condition for approval of new development within the
approach surfaces shown on the airspace protection areas map, or land use
compatibility zones 2, 3, 4, 5, and 6; a notice shall be recorded with the county
auditor prior to final approval of new subdivisions, short subdivisions, building
permits, conditional use permits, special use permit or other similar permits,
unless said notice is already recorded on the property. Said notice shall state:
“This property is located adjacent to an airport and routinely subject to overflight
activity by aircraft using the airport. Residents and tenants may experience
inconvenience, annoyance, or discomfort from noise, smell or other effects of
aviation activities.”
(Subsequent definition remains unaltered)
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REF. NUMBER
3HNEM-6DGBE-FHBEW-SKYWE
DOCUMENT COMPLETED BY ALL PARTIES ON
02 DEC 2025 19:36:19
UTC
SIGNER TIMESTAMP SIGNATURE
KATHERINE KENISON
EMAIL
KKENISON@BASINLAW.COM
SENT
26 NOV 2025 23:22:30
VIEWED
27 NOV 2025 21:09:54
SIGNED
27 NOV 2025 21:10:31
IP ADDRESS66.243.236.205
LOCATION
ELLENSBURG, UNITED STATES
RECIPIENT VERIFICATION
EMAIL VERIFIED
27 NOV 2025 21:09:54
MAYOR DUSTIN SWARTZ
EMAIL
DSWARTZ@CITYOFML.COM
SENT26 NOV 2025 23:22:30
VIEWED
01 DEC 2025 21:40:23
SIGNED
01 DEC 2025 21:40:44
IP ADDRESS
104.193.239.74
LOCATION
MOSES LAKE, UNITED STATES
RECIPIENT VERIFICATION
EMAIL VERIFIED
01 DEC 2025 21:40:23
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REF. NUMBER
3HNEM-6DGBE-FHBEW-SKYWE
DOCUMENT COMPLETED BY ALL PARTIES ON
02 DEC 2025 19:36:19
UTC
SIGNER TIMESTAMP SIGNATURE
DEBBIE BURKE
EMAIL
DBURKE@CITYOFML.COM
SENT
26 NOV 2025 23:22:30
VIEWED
01 DEC 2025 15:56:10
SIGNED
02 DEC 2025 19:36:19
IP ADDRESS63.135.54.162
LOCATION
MOSES LAKE, UNITED STATES
RECIPIENT VERIFICATION
EMAIL VERIFIED
01 DEC 2025 15:56:10
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