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1997 03 25^J 5220 MOSES LAKE CITY COUNCIL March 25,1997 Council Present:Daryl Jackson,Bill Reese,Ron Covey,Wayne Rimple,and Bob Chapman Absent: Grant Nichols and Richard Pearce MINUTES:Mr.Chapman moved that the minutes of the March 11 meeting be approved as submitted, seconded by Mr.Rimple,and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Taken:Dr.Covey moved that the bills,checks,and prepaid claims issued be approved,seconded by Mr.Reese,and passed unanimously. Vouchers audited and certified by the Finance Director as required by RCW42.24.080,and those expense reimbursement claims certified as required by RCW42.24.090,have been recorded on a listing which has been made available to the City Council. Claims:The vouchers included on the below list as modified by the Council and noted upon said list for the Council meeting of March 25, 1997 for the funds listed below are approved in the amount of $210,500.62. GENERAL FUND $62,948.74 SANITATION FUND 6.15 STREET 27,555.76 AIRPORT 459.00 STREET REPAIR/RECONSTRUCTION 151.02 SELF-INSURANCE 1,977.93 EQUIPMENT LEASES 16,048.08 CENTRAL SERVICES 16,377.99 CAPITAL 212.49 EQUIP RENTAL-OPERATIONS 36,267.28 WATER/SEWER FUND 34,882.61 BUILD MAINT-OPERATIONS 11,411.87 WATER/SEWER CONSTRUCTION 517.78 M. L.YPTF 336.45 WATER/SEWER LEASES 1,347.47 TOTAL $210,500.63 Prepaid Claims:Prepaid claims approved by the City Manager according to the process established by Moses Lake Municipal Code 3.42.030 and the internal control policy approved by the City Council have been recorded on a listing which has been made available to the City Council.The claims listed below are approved in the amount of $2,635,746.78 for all funds. GENERAL FUND $2,391.26 CENTRAL SERVICES 5.46 M WATER/SEWER FUND 17.05 EQUIP RENTAL-OPERATIONS 11,807.49 WATER/SEWER CONSTRUCTION 65,739.56 BUILD MAI NT-OPERATIONS 2,555,785.96 TOTAL $2,635,746.78 Checks:Checks 11790 through 12061 issued on March 12,1997 were approved for payment at the Council meeting held on March 25, 1997 in the total amount of $374,356.54. Payroll:The payroll issued on March 21, 1997 having been approved pursuant to the rule of the City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 51628 through 51809 in the amount of $273,168.37. I.CITIZEN INPUT II.PRESENTATIONS Police Department:Rita demons,Police Clerk,was presented to Council. Parks and Recreation:Diana McKinsey,Parks and Recreation Secretary,was introduced to Council. Public Works:Dick Leishman was presented with a Wastewater Distribution Manager 3 Certificate and jj/j Chris Meng was presented with a Wastewater Operator-in-Training Certificate. III.CONSENT AGENDA Resolution -Spring Festival:A resolution was presented which provides for the Spring Festival on May 19 ^ ^J 24, 25,and 26 and authorization was also requested for the City Manager to sign the Hold Harmless agreement. Resolution -Donation:Aresolution was presented which accepts adonation of $800 from the Moses Lake )Q i^ Police Benefit Association to the Moses Lake Police Crime Prevention Program. Resolution -Donation:A resolution was presented which accepts a donation of $2,000 from Japan Air /Qlj if Lines to be used for parks and recreation purposes. ActionTaken:Mr.Rimple moved that the Consent Agenda be approved,seconded by Mr.Reese,and passed unanimously. IV.CONSIDERATION OF BIDS -None \\4 0 pS 5221 CITY COUNCIL MINUTES: 2 March 25,1997 V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS HAZARDOUS WASTE COLLECTION Grant County, in association with the Department of Ecology,will be sponsoring a free household hazardous waste collection event on Saturday,May 10,from 9 a.m. to 3 p.m. at the Grant County Fairgrounds Airway Drive parking lot. 0 ORDINANCE - VFW ZONE CHANGE - 2ND READING/PUBLIC HEARING The VFW Post #5926 has requested a rezone of the Club Addition,VFW Short Plat and Tax #'s 11624, 10663, and 8092 to C-2, General Commercial and Business.The properties are located at 424 S. Burress. The VFW would like to utilize the property to conduct outdoor seasonal sales which are prohibited under the current zoning. The VFW properties are contiguous to C-2, R-3, and Public zoned properties. The public hearing was opened.There were no comments. Action Taken:Dr.Covey moved that the public hearing be closed,seconded by Mr.Reese,and passed unanimously. The ordinance amending Section 18.09.020 of the Moses Lake Municipal Code was read by title only. Action Taken:Mr.Reese moved that the second reading of the ordinance be adopted and the findings of fact be accepted,seconded by Dr.Covey,and passed unanimously. ORDINANCE -ZONE CHANGES/ZONING MAP -2ND READING/PUBLIC HEARING An ordinance was presented which amends the city's zoning map and adopts the 1996 digitized zoning map as the official zoning map for the City of Moses Lake. In digitizing the 1976 comprehensive zoning map with amendments,it was discovered that certain zoning conflicts existed.The ordinance also amends those conflicts.The amendment to the zoning map accomplishes the following zone changes:1) Park sites; 2) Well and Reservoir Sites;and 3)Incompatible Zoning and Land Uses.Parks sites and well and reservoir sites are set forth as public zones.These public zones are municipally owned or leased and without this amendment to the zoning map are not reflected as being zoned public.The incompatible zoning category takes into account various zone changes that are recommended to bring land uses into conformity with proper zoning.Many of these properties are presently split by two separate zones which creates a zoning conflict. The public hearing was opened.There were no comments. Action Taken:Mr.Reese moved that the public hearing be closed,seconded by Dr.Covey,and passed unanimously. The ordinance amending Section 18.09.020 of the Moses Lake Municipal Code entitled "Zoning Districts and Map" by amending the zoning map and adopting the 1996 digitized Zoning Map in its entirety was read by title only. Action Taken:Mr.Chapman moved that the second reading of the ordinance be adopted and the findings of fact be accepted,seconded by Mr.Reese,and passed unanimously. ORDINANCES -BUILDING HEIGHTS -2ND READING/PUBLIC HEARING Ordinances were presented which amend the height standards in the R-1,R-2, and R-3 zones. The public hearing was opened.There were no comments. Action Taken:Mr.Chapman moved that the public hearing be closed,seconded by Mr.Reese,and passed unanimously. The ordinance amending Chapter 18.16 of the Moses Lake Municipal Code entitled "R-1, Single Family Residential Zone"was read by title only. Action Taken:Dr.Covey moved that the second reading of the ordinance be adopted,seconded by Mr. Chapman,and passed unanimously. The ordinance amending Chapter 18.19 of the Moses Lake Municipal Code entitled "R-2, Single Family and Two Family Residential Zone"was read by title only. The public hearing was opened.There were no comments. Action Taken:Mr.Chapman moved that the public hearing be closed,seconded by Mr.Reese,and passed unanimously. r^ n r\ \J 5222 CITY COUNCIL MINUTES:3 March 25, 1997 ActionTaken:Mr.Rimple moved that the second reading of the ordinance be adopted,seconded by Dr. Covey,and passed unanimously. The ordinance amending Chapter 18.22 of the Moses Lake Municipal Code entitled "R-3,Multi-family Residential Zone"was read by title only. The public hearing was opened.There were no comments. Action Taken:Mr.Reese moved that the publichearing be closed,seconded by Mr.Rimple, and passed unanimously. ActionTaken:Mr.Rimple moved that the second readingof the ordinance be adopted,seconded by Mr. Reese,and passed unanimously. VI.ORDINANCES AND RESOLUTIONS ORDINANCE -PARKING REGULATIONS -1ST READING J0P7 An ordinance was presented which clarifies that the handicapped and fire lane parking violations are a minimum fine of $175. The ordinance amending Moses Lake Municipal Code Section 10.12.060(C)of Chapter 10.12 entitled "Parking Regulations"was read by title only. Action Taken:Mr.Reese moved that the first reading of the ordinance be adopted,seconded by Mr. Rimple,and passed unanimously. VII.REQUESTS TO CALL FOR BIDS TENNIS COURT LIGHTING Staff requested authorization to call for bids forthe Tennis Court Lighting Project.The work will consist of installing lights for 6 courts. Action Taken:Mr.Rimple moved that staff be authorized to call for bids for the Tennis Court Lighting t j Project,seconded by Mr.Reese,and passed unanimously. VIII.REFERRALS FROM COMMISSIONS SAGE BAY #8 PRELIMINARY PLAT/VARIANCES Phil Bloom, Columbia Northwest Engineering, representing ASPI,Inc., has submitted a preliminary plat for a 42 lot major plat located in an R-1 Zone, Single Family Residential.The proposed preliminary plat is part of the original Sage Bay #8 plat proposal.The Planning Commission recommended that the preliminary plat be approved with the following variances: 1.Variance to the requirement to construct Larkspur Street,White Drive,Terrace View Lane, and Aqua View Lane with the stipulation that a covenant be required to run with the unplatted property for future street improvements. 2.Variances on lot configurations for Block 1, Lots 1, 2, 9, 10, and 11;Block 2, Lots 1 -14;Block 3, Lots 1 and 2;Block 4,Lots 1 and 6;Block 5,Lots 1 and 2;Block 6,Lots 1 and 2;and Block 7, Lot 2 3.Variance to allow the construction of a cul de sac as part of the intersection of Windrose and Suncrest provided Suncrest is improved to city standards to the end of the plat. The developer will provide language on the face of the platthat requires a 25'side yard setback for those corner lots where the street will not be developed at this time. 'vj Gary Harer,Municipal Services Director,explainedthe advantages and disadvantages to bothconstructing the side streets at this time and also delaying construction of the streets to a future date. Mr.Bloom explained the project for the Council. He stated that constructing the side streets at this time would be a financial burden on the developer and would not be of any particular benefit. Kim Foster, attorney for the developer,stated that the intent is to make the plat look like a finished development from start to finish and to do that the variances on constructing the side streets are needed. James A.Whitaker,City Attorney,suggested that if the Council grants the variance on the construction of the side streets that covenants forfuture improvements not be required. He pointed out that the streets will only be constructed when platting takes place so a covenant is unenforceable. //of //<?(* 5223 CITY COUNCIL MINUTES:4 March 25,1997 There was some discussion by the Council. Action Taken:Mr.Reese moved that the Sage Bay #8 Preliminary Plat be approved with the following variances and the Findings of Fact be accepted: 1.Variance to the requirement to construct Larkspur Street,White Drive,Terrace View Lane and Aqua View Lane. 2.Variances on lot configurations for Block 1,Lots 1,2,9,10,and 11;Block 2,Lots 1 -14;Block 3,^^^ Lots 1 and 2;Block 4,Lots 1 and 6;Block 5,Lots 1 and 2;Block 6,Lots 1 and 2;and Block 7,Lot f> 2. 3.Variance to allow the construction of a cul de sac as part of the intersection of Windrose and Suncrest provided Suncrest is improved to city standards to the end of the plat. seconded by Mr.Chapman. The question of requiring a bond for the maintenance of the dedicated but unimproved streets was discussed. Action Taken:Mr.Rimple moved that the motion be amended to require the developer to provide a maintenance bond in the amount of $5,000 or other security acceptable to the City Attorney for the purpose of maintaining the dedicated but unimproved right-of-way associated with the dedication of Larkspur Street,White Drive,Terrace View Lane,and Aqua View Lane,seconded by Dr.Covey. There was some discussion on the difficulties of enforcing the bond. The amendment passed with Mr.Chapman opposed. The motion passed with Mr.Chapman opposed. ANNEXATION -EAST BROADWAY)06? Phil Bloom,Columbia Northwest Engineering,on behalf of Maiers Development,has submitted a request to annex property located north of East Broadway.The Comprehensive Plan land use designation for the area is Light Industrial and the property is currently zoned Light Industrial by Grant County.The Planning Commission recommended that the City Council accept the Notice of Intent to Annex the property. Action Taken:Mr.Rimple moved that the Notice of Intent to Annex be accepted,that the property be required to adopt the proposed zoning regulations and assume allexisting indebtedness,seconded by Mr. Reese,and passed unanimously. n(0'fl RESOLUTION -MEDICAL SERVICE CORPORATION -BUILD ON UNPLATTED PROPERTY John L.Johnston of Tri-State Sign Co.,representing Medical Service Corporation,has requested approval to install a free-standing,on-premise sign on Tax #6886 which is a portion of Lot 3, Riviera Addition.The property is owned by Harold and Janis Moberg and the sign will identify Medical Service Corporation's leased office space at 611 E. Riviera Avenue.The Planning Commission recommended that the request to build on unplatted property be approved. The resolution allowing Harold and Janis Whitener Moberg to buildon unplatted property was read by title only. Action Taken:Dr.Covey moved that the resolution be adopted,seconded by Mr.Reese,and passed unanimously. )\U ioLi1 IX.OTHER ITEMS FOR COUNCIL CONSIDERATION DRIVEWAY VARIANCE -MOSES LAKE ALLIANCE CHURCH The Moses Lake Alliance Church requested a variance of the Community Standards inorder to construct a driveway within 10'of an interior lot lineand to allowthe curb to returnaround the driveway ratherthan running through the driveway.Staff had no concerns with this request. Action Taken:Mr.Chapman moved that the variance request be granted with the stipulation that staff approve the storm drainage and construction of the driveway,seconded by Mr.Reese,and passed unanimously. GRAPE DRIVE BALLFIELDS -SELF-HELP FUNDS The Moses Lake East Lion's Club has requested $25,000 in self-help funds in order to construct backstops,dugouts, and fencing at the Grape Drive Ballfield complex. Construction will be done under the supervision of the Parks and Recreation Department and to city specifications. n r~\ w 5224 CITY COUNCIL MINUTES: 5 March 25,1997 Action Taken:Mr.Reese moved that the City Manager be authorized to sign the agreement with the Moses Lake East Lion'sClubforthe self-help funds,seconded by Mr.Chapman, and passed unanimously. GRAVEL STREETS Council had requested information in order to change the street construction policy to allow bituminous surface treatment for certain gravel streets.Changes to the Community Standards will include minimum width for the travel way and gravel shoulder,minimum depth for the sub base,storm drainage including ditches and drywells,utility adjustments,and driveway approaches. There was some discussion by the Council which was concerned about amending the Community Standards for one request.It was pointed out that the standard for BST streets in the city is very restrictive and there are few areas in the city that would meet the proposed standards. Action Taken:Mr. Rimple moved that the amendments to the Community Standards be approved, seconded by Mr.Reese,and passed with Dr.Covey opposed. The Council discussed the participation by the city for the improvement to Kittleson Road to the new BST standards.There was some discussion about the cost to the city of maintaining a gravel street and itwas pointed out that Pamp Maiers has agreed to maintain the street once it is improved to BST standards. Action Taken:Mr.Rimple moved that the request be tabled and staff was requested to bring back cost figures for the city's participation in improving Kittleson Road to BST standards,seconded by Mr.Reese, and passed unanimously. WATER/SEWER CAPACITIES The Port of Moses Lake requested information on the availability of water and wastewater discharge capacities for industrial growth in Moses Lake. Joseph K.Gavinski,City Manager,explained the discharge figures to the Council.The material was presented to the Council for information purposes only. X.COUNCIL QUESTIONS AND COMMENTS CITY PARKING LOT Mr.Rimple wanted to know if vehicles can be parked all day at the city's downtown parking lot. Joseph K.Gavinski,City Manager,stated that,per Council direction,staff will not police the parking lot so iong as there are parking spaces available. PLANNING COMMISSION Mr.Jackson reported that Dick Smith has resigned from the Planning Commission which leaves an opening on that Commission. XI.CITY MANAGER REPORTS AND COMMENTS INVESTMENT REPORT Joseph K.Gavinski,City Manager,stated that the city received $104,209.00 in investment income for February 1997. PUBLIC HEARING NOTIFICATION Information was presented on the city's notification procedures for public hearings./U^> It was the consensus of the Council that the notification process be discussed at a later date. SALES TAX/TRANSIENT RENTAL INCOME Joseph K.Gavinski,City Manager,stated that on March 31,1997 the city will receive $214,893.60 in sales tax revenue and $6,323.69 in transient rental income. AGCCT MEETING Mr.Jackson stated that the next AGCCT meeting is scheduled for Wednesday,April 30,1997.Oa(f The regular meeting was adjourned at 10:00 p.m. 'Finance Director //bb ///> 6 u ^J \J BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF ZONING CHANGES HEARING BEFORE THE PLANNING COMMISSION. NO.ZC 97-1 FINDINGS OF FACT,CONCLUSIONS, AND DECISION 1.1 Date. A public hearing was held upon proper notice before the Commission on January 30,1997. 1.2 Proponent.The City of Moses Lake is the proponent of these zone changes. 1.3 Purpose.The proponent has requested zone changes of property legally described as follows: That the following described property shall be changed from its existing zoning to Public: Skateboard Park - Lot 2,McCosh Park Plat Carpenter Park - Lot 8,Block 3,Sunset Park Addition and Tax #1333,Auditors File #950407013 Juniper Park - Lot 16,Block 1,Lakeview Terrace Neppel Park - A parcel ofland in the Southeast Quarter ofSection 15,Township 19 North, Range 28,E.W.M.,Grant County,Washington,described as follows: Beginning at the Southeast corner ofsaid Section;thence North along the East line of said Section,a distance of 255.31 feet;thence S53°40'54"W,a distance of 415 feet,more or less,to the South line of said Section 15,and the true point of beginning;thence West along the South line ofsaid Section,210 feet to a point 10 feet distant and Easterly of the centerline of Railroad's mainline track as it exists as of May 1, 1994;thence bearing Southwesterly along and 10 feet Southeasterly from said mainline track centerline,a distance of 2125 feet;thence S37017'24"E,42.00 feet to the Easterly boundary of the Railroad's right of way;thence Easterly along the Railroad's right of way to the true point of beginning. Grape Drive Ballfields Well No.11 - Municipal Tract #5 Well No. 9 - Municipal Tract No. 3 Reservoir #1 -Tax #5112 in Lot 16,Block 1,Lakeview Terrace #1 Pelican Horn Substation and Well #8 - Municipal Tract #1 That the following described property shall be changed from its existing zoning to R-1, Single Family Residential: Montlake East #8 -Lots 1, 2, 3, 13, 14, 15,16,17,18 19,and 20, Montlake East #7 -Lots 3, 4,5,6, 7, 8,and 9 Montlake East #8 -Lots 6 and 7 That the following described property shall be changed from its existing zoning to R-2, Single Family and Two Family Residential: Ferguson Short Plat No. 3 - Lots 2 and 3 That the following described property shall be changed from its existing zoning to R-3, Multi-family Residential: VFW Short Plat That the following described property shall be changed from its existing zoning to C-2, General Commercial and Business: Tax #8944,Auditors File #920819028 Tax #1730,Auditors File #920819028 Tax #11624,Auditors File #920819027 That the following described property shall be changed from its existing zoning to CR - Conservation and Reclamation: Marsh Island (i That the following described property shall be changed from its existing zoning to C-2, General Commercial and Business: Bell Group Plat No. 1 and Lot 16,Western Addition 1.4 Evidence.The Commission considered the following materials in reaching its decision. A.The application of the proponent for the zone change. B.Comments from the public. 2.FINDINGS OF FACT BY THE PLANNING COMMISSION. Based upon the evidence presented to them,the Planning Commission made the following findings of fact: 2.1 The zone changes will be consistent with current uses. 2.2 There were no objections from the public to the zone changes. 2.3 Itis in the best interests of the public to eliminate dual zoning on single lots and to zone publicly owned property public. 3.CONCLUSIONS BY THE PLANNING COMMISSION. From the foregoing findings of fact the Commission made the following conclusions: 3.1 The Planning Commission of the City of Moses Lake is vested with the authority to recommend to the City Council the advisability of the proposed change in zoning. 3.2 The rezone request ofthe proponent is properly before the Commission forits recommen dation. 3.3 It is proper at this time forthe Planning Commission to make a recommendation on this rezone request. 3.5 It is in the best interests and welfare of the city's citizens to rezone the property as proposed. 4.RECOMMENDATION OF THE PLANNING COMMISSION. On the basis of the foregoing findings of fact and conclusions,it is the recommendation of the Planning Commission ofthe Cityof Moses Laketo the City Council ofthe Cityof Moses Lakethat these rezones be granted. 5.FURTHER HEARING BEFORE THE CITY COUNCIL. 5.1 Date. A publichearing was held upon proper notice before the City Council on March25, 1997. 5.2 Proponent.The City of Moses Lake is the proponent of this rezone. 5.3 Purpose. The City Council considered the request fora rezone. 5.4 Evidence. The City Council considered the following materials in reaching its decision: A.The application of the proponent for the rezone. B.The history of the property. n rs ^J KJ \J C.Comments from the public. 6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL. No further evidence was presented to the City Council.The City Council adopts those findings of fact made previously by the Planning Commission as its own. 7.FURTHER CONCLUSIONS OF THE CITY COUNCIL Fromthe foregoing findings of fact the City Council makes the following conclusions: 7.1 The City Council of the City of Moses Lake is vested with the authority to make a decision on a proposed change in zoning. 7.2 The rezone request of the proponent is properly before the Council for its decision. 7.3 Itis proper at this time forthe City Council to make a decision on this rezone request. 8.DECISION OF THE CITY COUNCIL. The City Council of the City of Moses Lake agrees with the recommendation of the Planning Commission and grants the zone change request. Dated: March 25,1997 > BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE SAGE BAY DIVISION #8 PRELIMINARY PLAT SAGE BAY DIVISION #8 FINDINGS OF FACT,CONCLUSIONS, AND DECISION 1.HEARING BEFORE THE PLANNING COMMISSION. ^—^1.1 Date.A public meeting was held upon proper notice before the Commission on February 27,1997. 1.2 Proponent.ASPI Group is the proponent of this plat. 1.3 Purpose. The proponent has submitted a preliminary plat for property which is legally described upon the plat. City staff has confirmed the property described on the plat is the property submitted for platting. 1.4 Evidence.The Commission considered the following materials in reaching its decision: A.The submitted plat. B.Testimony from the proponent. C.Written comments from various parties. 2.FINDINGS OF FACT BY THE PLANNING COMMISSION. Based upon the evidence presented to them,the Commission makes the following findings of fact: 2.1 The proponent is the owner of the property. 2.2 The property is currently zoned R-1,Single Family Residential. ii 2.3 The development is consistent with residential development in the area. 2.4 The development is consistent with the Comprehensive Plan. 2.5 There were no negative comments from the public. 2.6 The development will not create any undesirable environmental problems. 2.7 The variances are consistent with past practices by the city. 3.CONCLUSIONS BY THE PLANNING COMMISSION. From the foregoing findings of fact the Commission makes the following conclusions: 3.1 The Planning Commission of the City of Moses Lake is vested with the authority to recom mend to the City Council the advisability of approving a plat. 3.2 The plat is properly before the Commission for its recommendation. 3.3 Itis properat this time forthe Planning Commission to make a recommendation on this plat. 3.5 It is in the best interests and welfare of the city's citizens to platthe property as proposed. 4.RECOMMENDATION OF THE PLANNING COMMISSION. \^j On the basis of the foregoing findings of fact and conclusions,it is the recommendation of the Planning Commission of the City of Moses Laketo the City Council ofthe City of Moses Lake that the preliminary platand the variances be approved with the stipulation that a covenant be required for the side street improvements. 5.FURTHER HEARING BEFORE THE CITY COUNCIL. 5.1 Date. A public meeting was held upon proper notice before the Council on March 25,1997. 5.2 Proponent.ASPI Group is the proponent of this plat. 5.3 Purpose.The proponent has submitted a final plat for property which is legally described upon the plat. City staff has confirmed the property described on the plat is the property submitted for platting. 5.4 Evidence.The Council considered the following materials in reaching its decision: A.The submitted plat. B.Testimony from the proponent. C.Written comments from various parties.(i 6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL Based upon the evidence presented to them,the Council makes the following findings of fact: 2.1 The proponent is the owner of the property. 2.2 The property is currently zoned R-1,Single Family Residential. 2.3 The development is consistent with residential development in the area. 2.4 The development is consistent with the Comprehensive Plan. 2.5 There were no negative comments from the public. 2.6 The development will not create any undesirable environmental problems. 7.FURTHER CONCLUSIONS BY THE CITY COUNCIL. From the foregoing findings of fact the Council makes the following conclusions: 7.1 The City Council of the City of Moses Lake is vested with the authority to make a decision on a preliminary plat. 7.2 The plat is properly before the Council for its decision. 7.3 It is proper at this time for the City Council to make a decision on this preliminary plat. 8.DECISION. The City Council of the City of Moses Lake agrees with the recommendation of the Planning Commission and approves the preliminary plat but without the requirement for a covenant for the future improvements to Larkspur Street,White Drive, Terrace View Lane, and Aqua View Lane. Dated:March 25,1997 n r> o BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE VFW ZONE CHANGE NO.ZC 97-2 FINDINGS OF FACT,CONCLUSIONS, AND DECISION 1.HEARING BEFORE THE PLANNING COMMISSION. 1.1 Date. A public hearing was held upon proper notice before the Commission on February 27,1997. 1.2 Proponent.The Veterans of Foreign Wars is the proponent of this zone change. 1.3 Purpose.The proponent has requested a zone change of property legally described as follows from R-3, Multi-family Residential and Public to C-2,General Commercial and Business: VFW Short Plat,Club Addition,and Tax #'s 11624,10663 and 8092 1.4 Evidence.The Commission considered the following materials in reaching its decision. A.The application of the proponent for the zone change. B.Comments from the public. 2.FINDINGS OF FACT BY THE PLANNING COMMISSION. Based upon the evidence presented to them,the Planning Commission made the following findings of fact: 2.1 The proponent is the owner of property legally described above. t j 2.2 The property is platted and unplatted. 2.3 The zone change is consistent with the Comprehensive Plan. 2.4 The zone change is in the public interest and will benefit the public welfare. 2.5 The zone change is consistent with the existing use. 2.6 The zone change is consistent with adjoining uses. 2.7 There was no opposition from the public. 3.CONCLUSIONS BY THE PLANNING COMMISSION. From the foregoing findings of fact the Commission made the following conclusions: 3.1 The Planning Commission of the City of Moses Lake is vested with the authority to recommend to the City Council the advisability of the proposed change in zoning. 3.2 The rezone request of the proponent is properly before the Commission forits recommen dation. 3.3 It is proper at this time for the Planning Commission to make a recommendation on this rezone request. \)3.5 It is in the best interests and welfare of the city's citizens to rezone the property as proposed. 4.RECOMMENDATION OF THE PLANNING COMMISSION. On the basis of the foregoing findings of fact and conclusions,it is the recommendation of the Planning Commission of the City of Moses Lake to the City Council of the City of Moses Lake that the request for a rezone of this property be granted. 5.FURTHER HEARING BEFORE THE CITY COUNCIL. 5.1 Date. A public hearing was held upon proper notice before the City Council on March 25, 1997. 5.2 Proponent.The Veterans of Foreign Wars is the proponent of this rezone. 5.3 Purpose.The City Council considered the request for a rezone. 5.4 Evidence.The City Council considered the following materials in reaching its decision: A.The application of the proponent for the rezone. B.The history of the property. C.Comments from the public. 6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL. No further evidence was presented to the City Council.The City Council adopts those findings of fact made previously by the Planning Commission as its own. 7.FURTHER CONCLUSIONS OF THE CITY COUNCIL. From the foregoing findings of fact the City Council makes the following conclusions: 7.1 The City Council of the City of Moses Lake is vested with the authority to make a decision on a proposed change in zoning. 7.2 The rezone request of the proponent is properly before the Council for its decision. 7.3 It is proper at this time for the City Council to make a decision on this rezone request. 8.DECISION OF THE CITY COUNCIL. The City Council of the City of Moses Lake agrees with the recommendation of the Planning ^^ Commission and grants the zone change request.'> Dated:March 25,1997 r\