2109_00001ORDINANCE NO.2109
AN ORDINANCEAMENDINGCHAPTER 20.09 OF THE MOSES LAKEMUNICIPALCODEENTITLED"REVIEWANDAPPROVAL PROCESS"
THE CITYCOUNCIL OF THE CITY OF MOSESLAKE,WASHINGTON DO ORDAINAS FOLLOWS:
Section 1.Chapter 20.09 of the Moses Lake Municipal Code entitled "Review and ApprovalProcess"is
amended as follows:
20.09.020 Planning Commission Review:
A.Staff Report:The City Zoning Administrator shall prepare a staff report on the proposed
developmentor action summarizing thecomments andrecommendations of Citydepartments,affected agencies and special districts,and evaluating the development's consistencywiththeCity's Development Code,adopted plans and regulations.The staff report shall includefindings,conclusions and proposed recommendations for disposition of the developmentapplication.
B.Hearing:The Planning Commission shall conducta publichearing on development proposalsforthepurposeoftakingtestimony,hearingevidence,consideringthefacts germane totheproposal,and evaluatingthe proposal for consistency with the City's Development Code,
adopted plans and regulations.Notice of the Planning Commission hearing shall be in
accordance withSection20.07.020.
C.Required Findinas:The Planning Commission shall not approve a proposed developmentunlessiffirstmakesthefollowingfindingsandconclusions:
1.The development isconsistent with theComprehensive Plan and meets the requirementsandintentofthisMunicipalCode.
2.The development makes adequate provisions foropen space,drainage ways,streets andotherpublicways,transit stops,water supply,sanitary wastes,parks and recreationfacilities,playgrounds,sites for schools and school grounds.
3.The development adequatelymitigatesimpacts identified under Chapters 14 through19.
4.The development is beneficial tothe publichealth,safety,and welfare and is inthe publicinterest.
O 5.The development does not lowerthelevelofservice oftransportationand/or neighborhoodparkfacilitiesbelowtheminimumstandardsestablishedwithintheComprehensivePlan.Ifthe development results in a level of services lower than those set forth inthe Compre-hensive Plan,thedevelopment may be approved ifimprovements or strategiestoraise thelevelofserviceabovetheminimumstandard(s)are made concurrentwith thedevelop-
ment.For the purpose of thissection,"concurrentwith thedevelopment"isdefined as therequiredimprovementsorstrategiesinplaceatthetimeofoccupancy,or a financialcommitmentisinplacetocompletetheimprovementsorstrategieswithinsix(6)years ofapprovalofthedevelopment
6.The area,location and features of land proposed for dedication are a direct result of thedevelopmentproposal,are reasonably needed tomitigate theeffectsofthedevelopment,and are propoltional tothe impacts created by the development.
D.Decision:Upon approving or disapproving a development proposal or action,the PlanningCommissionshallmakeitsdecisionbymotion,resolution,or ordinance as appropriate andcauseacopyofthedecisiontobedeliveredtothepartiesofrecord.
Section 2.The CityCouncildeclares thatan emergency exists and this ordinance shall take effect asprovidedbylawupononereadingif2/3 oftheentireCityCouncilpresent vote in favor of passage.
Adopted by theCityCounciland signed by its Mayor on January 20,2003.
Mayor
'finance Director
APPR VED AS TO FOR