3589RESOLUTION NO.3589
A RESOLUTION ADOPTING THE CITY OF MOSES LAKE PLANNING
COMMISSION'S FINDINGS OF FACT AND CONCLUSIONS OF LAW IN APPEAL
NOS.15-01 AND 15-02 AND DENYING APPEAL 15-02
RECITALS:
1.Whereas,an application to amend the Big Bend Binding Site Plan was submitted by WinCo Foods,LLC
("WinCo")to the City Community Development Department (the "Department")on July 28,2015;
2 Whereas WinCo submitted to the Department arevised application to amend the Big Bend Binding SitePlan,aState Environmental Protection Act ("SEPA")Checklist,and aTraffic Impact Analysis ("TIA")on
September3,2015;
3.Whereas,the revised application to amend the Big Bend Binding Site Plan submitted by WinCo was
deemed complete for review bythe Department on September 4,2015;
4 Whereas notice ofthe completed revised application to amend the Big Bend Binding Site Plan was
circulated to the required local,regional,and state departments on September 4,2015 as required by the
City MunicipalCode;
5 Whereas notice of the completed revised application to amend the Big Bend Binding Site Plan was
posted according to the Department's specifications on September 7,2015 and was published in the
Columbia Basin Herald on September 10,2015 as required by the City Municipal Code;
6.Whereas,Donna Anderson submitted comments on the revised application to amend the Big Bend
Binding Site Plan on September 24,2015;
7.Whereas,the Department sent Donna Anderson's comments to WinCo for response to which WinCo
provided written responses to each comment on September 25,2015;
8.Whereas,on October 2,2015,the Department issued a MDNS for the Big Bend Binding Site Plan
Amendment application;
9.Whereas,notice ofthe MDNS and a fourteen (14)day comment period was provided as required by the
State Environmental Policy Act (SEPA)and the City Municipal Code;
10.Whereas,the Department issued its administrative determination approving the revised application to
amend the Big Bend Binding Site Plan on October 30,2015;
11.Whereas,a Notice of Appeal ofthe approval ofthe Big Bend Binding Site Plan Amendment(Appeal No.
15-02)wasfiled on November 13,2015 with the Department bytheWhipple Law Group,PLLC on behalf
of Donna Anderson and a group entitled "A Stronger Moses Lake";
12. Whereas, on January 6, 7, and 8, 2016, the City of Moses Lake Planning Commission(the "Planning
Commission")conducteda consolidated open record appeal hearing regarding an appeal ofthe SEPA
MDNS issued for the Big Bend Binding Site Plan Amendment proposal (Appeal No.15-01)andanappeal
ofthe Big Bend Binding Site Plan Amendment (Appeal no.15-02)andvoted 8-0 in favor ofthe motion to
recommend to the City Council that the Appeal 15-02 be DENIED;
13.Whereas,the Planning Commission delivered the recordof the consolidated appeal hearing,including
allexhibits, pleadings, and a verbatim transcript to the CityCouncil (the "Record");
14.Whereas,on February9,2016,the CityCouncil,following notice as required bythe City Municipal Code,
conducted a closed recordappeal where itconsidered the Record provided by the Planning Commission
without accepting new evidence or testimony as required by the City Municipal Code.
RESOLUTION NO.3589
Page 2 February9,2016
Now therefore,The City Councilhavingconducted a closed record appeal reviewofthe Record and having
considered the Record as well as the arguments ofthe parties presented to the Planning Commission,does
resolve,and enters the following decision as a final action:
1.The City ofMoses Lake City Councilhavingconsidered the Record providedbythe PlanningCommission
hereby adopts the Planning Commission's Findingsof Fact and Conclusions of Lawdated January 8,
2016 on appeal 15-02 that was a consolidated findings offact and conclusions of lawwithAppeal No.15-
01;
2. The City of Moses Lake City Council,having adopted the Planning Commission's Findingsof Fact and
Conclusions of Law,hereby denies appeal 15-02.
Adopted by the City Council on February 9,h,2016.
i
Todd Voth,Mayor
ATTEST:
W.Ro
NOTICE RE:APPEAL
Pursuant to MLMC 20.11.050.A Appeals of the final decision of the City Council shall be made to the
Grant County Superior Court within twenty-one (21)days of the issuance of the decision, as provided in
Chapter 36.07C RCW.Appeals may be made only by a party of record with standing to filea land use
petition in Grant County Superior Court.
Pursuant to MLMC 20.11.050.B,Notice of the appeal and any other pleadings required to be filed with the
court shall be served on the City Clerk, City Zoning Administrator,and City Attorney within applicable time
period.This requirement is jurisdictional.