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3026 Interim Removal Covered Residential ParkingPage 1 of 4 ORDINANCE 3026 AN ORDINANCE OF THE CITY OF MOSES LAKE, WASHINGTON, RELATING TO COVERED PARKING WITHIN R-1 RESIDENTIAL ZONED PROPERTY, ADOPTING INTERIM LAND USE REGULATIONS AND OFFICIAL CONTROLS PURSUANT TO RCW 35A.63.220 AND RCW 36.70A.390 FOR OPEN SURFACE PARKING WITHIN THE R-1 RESIDENTIAL ZONING DISTRICTS, DECLARING AN EMERGENCY, AND ESTABLISHING AN EFFECTIVE DATE. Recitals: 1. The City of Moses Lake Municipal Code 18.20.050 Development Standards for Residential Zones within the R-1 Zoning District, requires a minimum of one required covered parking spaces (in a garage or carport constructed to the standards of the State Building Code), in addition to off-street parking required in Chapter 18.54; and 2. The City of Moses Lake Municipal Code requires parking pursuant to MLMC 18.54.040 - Two (2) required parking stall per unit for single-family homes (including manufactured homes); and 3. The City of Moses Lake Municipal Code requires every parcel of land hereafter used for parking purposes shall be developed and permanently maintained in accordance with the Code requirements; and 4. The City of Moses Lake is working toward the Growth Management Act Periodic Update (RCW 36.70A.130) – Comprehensive Plan / Code update; and 5. On May 9, 2023, during a regular City Council meeting, the Council instructed the Community Development Department to address a citizen’s request to allow the use of garage space for habitable space; and 6. The City of Moses Lake finds that use of a residential structure should not be limited; and 7. The City of Moses Lake finds that required covered parking is extraneous; and 8. The City of Moses Lake finds that within residential zones there is a limited or declining supply of day care options; and 9. The City Council finds that the proposed interim development and zoning regulations are reasonable and necessary in order to further implement the full use of residential structure to accommodate day care facilities, and are therefore in the public interest; and 10. The need for day care facilities create a time sensitive emergency requiring the adoption of an interim zoning ordinance; and Document Ref: MFAAH-KEH9B-ABQNA-RYEZ9 Page 1 of 4 Page 2 of 4 11. The City is authorized to impose interim land use controls for up to one (l) year if a work plan is developed for related studies providing for such longer periods pursuant to RCW 35A.63.220 and RCW 36.704.390; and 12. A public hearing on these interim regulations will be scheduled within 60 days of ordinance adoption, pursuant to RCW 35A.63.220 and RCW 36.70A.390. 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. Additional Findings. The Council may adopt further additional findings after the public hearing is held and evidence presented to the City Council. Section 3. This purpose of this ordinance is to: A. Promote expansion of needed day care facilities; and B. Allow for the full use of residential structures for day care facilities; and C. Accommodate the growing need and demand for day care facilities and service. Section 4. The following amendments are hereby adopted: A. Moses Lake Municipal Code 18.20.050 Development Standards for Residential Zones within the R-1 Zoning District, Table 2: Development Standards In Residential Zones: “Minimum required number of covered11 parking spaces, in addition to off-street parking required in Chapter 18.54.” Table 2, Footnote #11: 11. In a garage or carport constructed to the standards of the State Building Code. Section 5. Appeals. Interim controls are not subject to appeal. Section 6. Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70.390, the City Council will hold a public hearing on this interim ordinance to take public testimony. Section 7. Duration of Interim Regulations. The interim amendments adopted by this ordinance shall remain in effect until six (6) months from the effective date and shall automatically expire unless the same are extended as provided in RCW 36.70A.390 and RCW 35A.63.220 prior to that date, or unless the same are repealed or superseded by permanent amendments prior to that date. Section 8. Planning Commission Work Program. The City of Moses Lake Planning Commission is hereby directed to review the interim regulations in 2023. The Commission shall make a Document Ref: MFAAH-KEH9B-ABQNA-RYEZ9 Page 2 of 4 Page 3 of 4 recommendation on whether said amendments, or some modification thereof, should be permanently adopted. The Moses Lake Planning Commission is directed to complete its review, to conduct such public hearings as may be necessary or desirable, and to forward its recommendation to the Moses Lake City Council prior to the expiration of the interim amendments. The work program shall include input from wireless carriers, existing franchisees, and City staff. Section 9. 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 10. Enforcement. Violations of this ordinance are enforceable to the same extent as other violations of Title 18 MLMC and are equally subject to injunctive and other forms of civil relief that the City may seek. Section 11. 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 12. Declaration of Emergency. The Moses Lake City Council hereby finds and declares that an emergency exists which necessitates that this ordinance become effective immediately in order to preserve the public health, safety and welfare of the City of Moses Lake, pursuant to RCW 35A.13.190. Section 13. Effective Date. This Ordinance shall take effect and be in full force and effect immediately upon passage, as set forth herein. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on May 23, 2023. _____________________________________ Don Meyers, Mayor ATTEST: ____________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: __________________________________ Katherine L. Kenison, City Attorney Document Ref: MFAAH-KEH9B-ABQNA-RYEZ9 Page 3 of 4 Page 4 of 4 Martinez Swartz Myers Fancher Madewell Eck Skaug Vote: Aye Aye Aye Aye Aye Absent Aye Date Published: May 30, 2023 Date Effective: May 23, 2023 Document Ref: MFAAH-KEH9B-ABQNA-RYEZ9 Page 4 of 4 Signature Certificate Reference number: MFAAH-KEH9B-ABQNA-RYEZ9 Document completed by all parties on: 26 May 2023 15:36:46 UTC Page 1 of 1 Signer Timestamp Signature Katherine Kenison Email: kkenison@basinlaw.com Recipient Verification: Sent:25 May 2023 20:45:27 UTC Viewed:25 May 2023 21:27:10 UTC Signed:25 May 2023 21:27:32 UTC ✔Email verified 25 May 2023 21:27:10 UTC IP address: 173.209.171.7 Location: Moses Lake, United States Mayor Don Myers Email: dmyers@cityofml.com Recipient Verification: Sent:25 May 2023 20:45:27 UTC Viewed:26 May 2023 13:26:12 UTC Signed:26 May 2023 13:26:53 UTC ✔Email verified 26 May 2023 13:26:12 UTC IP address: 67.21.180.215 Location: Moses Lake, United States Debbie Burke Email: dburke@cityofml.com Recipient Verification: Sent:25 May 2023 20:45:27 UTC Viewed:26 May 2023 15:36:26 UTC Signed:26 May 2023 15:36:46 UTC ✔Email verified 26 May 2023 15:36:26 UTC IP address: 63.135.54.162 Location: Moses Lake, United States Signed with PandaDoc PandaDoc is a document workflow and certified eSignature solution trusted by 40,000+ companies worldwide.