HomeMy WebLinkAbout3087 MLMC 15.405 15.715 Updated Dec 2Page 1 of 7
ORDINANCE NO. 3087
AN ORDINANCE OF THE CITY OF MOSES LAKE,
WASHINGTON, AMENDING THE CITY OF MOSES LAKE
UNIFIED DEVELOPMENT CODE SECTION 15.405.070 TO
ALLOW DRIVE THROUGH FOR RESTAURANTS, COFFEE
STANDS, BANKS, PHARMACIES AND OTHER SIMILAR AND
CUSTOMARY USES WITHIN DIFFERING ZONES, AND
ESTABLISHING AN EFFECTIVE DATE.
Recitals:
1. The City of Moses Lake adopted the Title 15 – Unified Development Code
(MLUDC) on 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.
4. Placement on the “Final Docket” is not approval of the proposal
butmeans 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
5. 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
6. 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).
7. The Planning Commission provided opportunity for public comments,
reviewed, deliberated, edited and made recommendations for the final text
changes (amendments); and
8. During the duly noticed hearing of October 16, 2025, the Planning
Document Ref: EZC75-WT7G7-3MZ9Z-PBAVF Page 1 of 7
Page 2 of 7
Commission recommended the following amendments:
a. Docket No. 3. 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),
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. 11. Amendment to 15.405.070 to allow drive-through
facilities for restaurants, coffee stands, banks, pharmacies and
other similar and customary uses within differing zones, and
amendment 15.715.020 (E) to include standards / revisions and
criteria for stacking of vehicles in drive through lanes.
c. 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)
d. 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
9. 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
Document Ref: EZC75-WT7G7-3MZ9Z-PBAVF Page 2 of 7
Page 3 of 7
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.
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
10. During the duly noticed hearing of October 16, 2025, the Planning
Commission recommended specific amendment Findings of Fact which
are attached within the Planning Commission Staff Report.
11. On September 19, 2025, pursuant to MLUDC Section15.240.050,
Public Notice, the City of Moses Lake duly noticed the amendments
and provided notice of the proposed amendments to the Department
of Ecology SEPA Register with additional notice to local and regional
agencies for the 14-day review and comment period/environmental
Document Ref: EZC75-WT7G7-3MZ9Z-PBAVF Page 3 of 7
Page 4 of 7
determinations
12. On September 19, 2025, the City of Moses Lake issued a SEPA
Determination of Non-Significance; and
13. On November 12, 2025, the City Council conducted the First
Reading of the Planning Commission recommended amendments for
review and deliberation during which the Council desired changes to the
text amendment and scheduled a public hearing to allow testimony for
these changes, and
14. Pursuant to MLUDC Section 15.240.100, Review of Amendments
to Development Regulations, The City Council will review the Planning
Commission recommendations and the criteria set forth in MLUDC
Section 15.240.080(B), and take action on each proposed amendment
to the development regulations.
15. Council may reject or accept in whole or part the Planning
Commission’s recommendations and all amendments shall be approved
by ordinance by the City Council.; and
16. The City Council has reviewed the Planning Commission
recommendation, concurs with the recommendation, and hereby adopts
the Findings within the recommendation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOSES LAKE,
WASHINGTON DO ORDAIN 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. Additional Findings. The Council may adopt further additional
findings after the public hearing is held and evidence presented to the City
Council.
Section 3. Amendments. The amendments contained in the attached Exhibit
A, which is incorporated herein by reference, of the City of Moses Lake Unified
Development Code amendments are hereby adopted.
Section 4. 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 5. Enforcement. Violations of this ordinance are enforceable to the
same extent as other violations of Title 15 MLUDC and are equally subject to
Document Ref: EZC75-WT7G7-3MZ9Z-PBAVF Page 4 of 7
Page 5 of 7
injunctive and other forms of civil relief that the City may seek.
Section 6. 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 7. 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 December 9, 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 15, 2025
Date Effective: December 20, 2025
Document Ref: EZC75-WT7G7-3MZ9Z-PBAVF Page 5 of 7
Page 6 of 7
Attachment A
Docket No. 11. Amendment to 15.405.070 to allow drive through for
restaurants, coffee stands, banks, pharmacies and other similar and
customary uses within differing zones, and amendment 15.715.020 (E) to
include standards / revisions and criteria for stacking of vehicles.
Proposed Amendment
Table 15.405.070. Non-Residential Land Uses by Zone
Zones
Reside
ntial
Commerci
al and
Mixed
Use
Indu
stria
l
Publ
icLand Use
R
-1
R
-2
R
-3
C-
1
C-
1A
C-
2
L-
I
H-
I P
MLDUC
Reference
Restaurant, Fast Food (Drive
through restaurants, coffee
stands, and other high volume
drive through (7))
C C P P 15.715.020
Drive through banks,
pharmacies, and other low
volume drive through
P P P P 15.715.020
(Subsequent section remains unaltered)
Development conditions (footnotes)
(Previous section remains unaltered)
7 Drive through requiring a Conditional Use Permit shall only be allowed
when the applicant demonstrates the consistency with the Comprehensive
Plan’s Downtown pedestrian goals, policies and objectives. Such
demonstration may include a combination of, but not limited to, a separate
walk up window, sufficient area to accommodate service stacking lane
without conflicting with pedestrian access, a minimum of three(3) stacking
spaces shall be provided, only one service / stacking lane is allowed,
pedestrian/traffic safety analysis, and/or other design element which
Document Ref: EZC75-WT7G7-3MZ9Z-PBAVF Page 6 of 7
Page 7 of 7
encourages pedestrian use and enjoyment. In addition, the drive through
shall meet the standards within 15.715.020 (E).
(Subsequent section remains unaltered)
15.715.020 General Standards:
(Previous section remains unaltered)
E. Drive Through Windows. The service / stacking lane(s) shall be on-site. For
each service lane of a drive-through coffee stand or restaurant (high
volume), a minimum of seven (7) stacking spaces shall be provided. For low
volume drive-through (for example: financial institution, pharmacies, gas
stations, or other similar use), a minimum of three stacking spaces shall be
provided. Stacking lanes must be designed so that they do not interfere with
parking, parking access / aisle, fire lanes, sidewalks, and vehicle circulation.
All stacking lanes must be clearly identified with striping, landscaping and
signs. Service areas and stacking lanes must be set back 10 feet from all lot
lines which abut residential zones. The setback must be landscaped or
fenced for view obscuring separations. An applicant may provide alternative
stacking spaces, such as surveys of existing similar drive-throughs stacking
lane, documenting that specific features of a proposal would result in a
stacking lane lower than that of the above. Acceptance of such alternative
stacking shall be at the discretion of City of Moses Lake Director. Drive
through windows shall have a stacking lane of a minimum of one hundred
twenty feet (120') and shall be designed to not block access, parking aisles,
or fire lanes.
(Subsequent section remains unaltered)
Document Ref: EZC75-WT7G7-3MZ9Z-PBAVF Page 7 of 7
REF. NUMBER
EZC75-WT7G7-3MZ9Z-PBAVF
DOCUMENT COMPLETED BY ALL PARTIES ON
12 DEC 2025 20:23:06
UTC
SIGNER TIMESTAMP SIGNATURE
MAYOR DUSTIN SWARTZ
EMAIL
DSWARTZ@CITYOFML.COM
SENT
12 DEC 2025 01:16:34
VIEWED
12 DEC 2025 01:32:21
SIGNED
12 DEC 2025 01:32:40
IP ADDRESS
104.193.239.74
LOCATION
MOSES LAKE, UNITED STATES
RECIPIENT VERIFICATION
EMAIL VERIFIED
12 DEC 2025 01:32:21
DEBBIE BURKE
EMAILDBURKE@CITYOFML.COM
SENT
12 DEC 2025 01:16:34
VIEWED
12 DEC 2025 16:51:59
SIGNED
12 DEC 2025 16:52:20
IP ADDRESS
63.135.54.162
LOCATION
MOSES LAKE, UNITED STATES
RECIPIENT VERIFICATION
EMAIL VERIFIED
12 DEC 2025 16:51:59
Signed with PandaDoc PAGE 1 OF 2
REF. NUMBER
EZC75-WT7G7-3MZ9Z-PBAVF
DOCUMENT COMPLETED BY ALL PARTIES ON
12 DEC 2025 20:23:06
UTC
SIGNER TIMESTAMP SIGNATURE
KATHERINE KENISON
EMAIL
KKENISON@BASINLAW.COM
SENT
12 DEC 2025 01:16:34
VIEWED
12 DEC 2025 20:22:26
SIGNED
12 DEC 2025 20:23:06
IP ADDRESS74.209.9.35
LOCATION
ELLENSBURG, UNITED STATES
RECIPIENT VERIFICATION
EMAIL VERIFIED
12 DEC 2025 20:22:26
Signed with PandaDoc PAGE 2 OF 2