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City Council Meetings

Regular Meeting

Moses Lake, WA · September 3, 2024

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Minutes

MOSES LAKE CITY COUNCIL MEETING MINUTES UNIFIED DEVELOPMENT CODE WORKSHOPS 2024 The City has engaged the public throughout the drafting process by holding several planning commission meetings and public hearings; establishing a development committee composed of city council members, city staff, and members of the local development community; posting the revised codes on the website; and holding a variety of meetings with stakeholder groups including the Downtown Association, Parks Board, and Chamber. Beginning in June of 2024 the City Council and Planning Commission held multiple joint study sessions to review certain portions of the drafts as follows: · Part 1: Part 15.400 – Use Charts and Setbacks · Part 2: Part 15.700 – Landscaping, Fences, Buffers, & Screening · Part 3: Part 15.600 – Family Day Care, Home Occupation, Short Term Rentals · Part 4: Part 15.300 – Land Division · Part 5: Chapter 15.640 – Mini Storages · Part 6: Chapter 15.730 – Non-Conforming Uses · Part 7: Chapter 15.250 – Concurrency · Part 8: Chapter 15.525 –Wetland Critical Area Buffers A SEPA Determination of Non-Significance (DNS) was issued on May 10, 2024. The 14-day comment period ended May 30, 2024. The City submitted the draft to the Department of Commerce on April 11, 2024, and has provided the revisions to that draft to date. Public comments received from the public hearings before the planning commission and as part of the SEPA process have been reviewed and incorporated into the draft where appropriate. On September 9, 2024, the Planning Commission held its final public hearing and adopted Resolution No. 2024-1 recommending adoption of the Unified Development Code by the City Council. The draft ordinance replaces the following titles of the Moses Lake Municipal Code with a Unified Development Code: · Title 14, Environmental Regulations · Title 17, Subdivisions · Title 18, Zoning · Title 19, Growth Management · Title 20, Development Review Process · Title 21, Development Impacts The Unified Development Code (UDC) contains all of the zoning and development regulations for the City of Moses Lake, except for the building code which is being retained in Title 16. The UDC is split into parts as follows: · Part 15.100 ADMINISTRATION · Part 15.200 LAND USE DECISIONS · Part 15.300 LAND DIVISION · Part 15.400 ZONING AND OVERLAY DISTRICTS Document Ref: V58FH-ZEUWF-OHRXR-QZFPQ Page 1 of 2 Unified Development Code Workshops 2024 · Part 15.500 ENVIRONMENTAL REGULATIONS · Part 15.600 SPECIAL USE STANDARDS · Part 15.700 COMMUNITY AND PROJECT DESIGN STANDARDS A second ordinance was drafted to move the code provisions establishing the office of the hearing examiner from the zoning code into Title 2, Administration and Personnel. While the hearing examiner is a vital part of the administration of the development regulations, the hearing examiner also serves as the appellate body for other code procedures including general code enforcement and therefore establishing the office under this title is more appropriate for the entire municipal code. A third ordinance was drafted to moves the previous water rights transfer or fee in lieu requirement from the subdivision code into Title 13, Water, Sewers, and Public Utilities. Ordinance No. 3053 also changes the trigger for requiring transfer of water rights or a fee in lieu from the point of subdivision to the point of annexation or filing a building permit. For building permits filed on a parcel that has already transferred or paid the fee in lieu either during annexation or during subdivision under the previous code, the property owner will be deemed to have already met this requirement if the use of the property is the same. ______________________________________ Dustin Swartz, Mayor ATTEST____________________________ Debbie Burke, City Clerk pg. 2 Document Ref: V58FH-ZEUWF-OHRXR-QZFPQ Page 2 of 2 Signature Certificate Reference number: V58FH-ZEUWF-OHRXR-QZFPQ Signer Timestamp Signature Mayor Dustin Swartz Email: dswartz@cityofml.com Sent: 09 Oct 2024 22:57:20 UTC Viewed: 10 Oct 2024 15:09:28 UTC Signed: 10 Oct 2024 15:09:41 UTC Recipient Verification: IP address: 74.82.240.250 ✔Email verified 10 Oct 2024 15:09:28 UTC Location: Mattawa, United States Debbie Burke Email: dburke@cityofml.com Sent: 09 Oct 2024 22:57:20 UTC Viewed: 14 Oct 2024 21:37:22 UTC Signed: 14 Oct 2024 21:37:37 UTC Recipient Verification: IP address: 63.135.54.162 ✔Email verified 14 Oct 2024 21:37:22 UTC Location: Moses Lake, United States Document completed by all parties on: 14 Oct 2024 21:37:37 UTC Page 1 of 1 Signed with PandaDoc PandaDoc is a document workflow and certified eSignature solution trusted by 50,000+ companies worldwide.

Agenda

Moses Lake City Council Dustin Swartz, Mayor | Judy Madewell, Deputy Mayor | Don Myers, Council Member | Mark Fancher, Council Member Deanna Martinez, Council Member | David Skaug, Council Member | Victor Lombardi, Council Member Tuesday, September 3, 2024 Moses Lake Civic Center – 401 S. Balsam Joint Meeting with Planning Commission Special Meeting Agenda Call to Order – 5:30 p.m. 1. Concurrency 15.250 2. Mini Storage 15.640 3. Water Rights Transfer 13.15 - First Presentation Adjournment NOTICE: Individuals planning to attend the in-person meeting who require an interpreter or special assistance to accommodate physical, hearing, or other impairments, need to contact the City Clerk at (509) 764-3703 or Deputy City Clerk at (509) 764-3713 at least 24 hours in advance of the meeting. Link to information on the development code update can be found from the homepage cityofml.com. Council-Plan Comm 9-3-24, Page 1 of 13 Chapter 15.250 CONCURRENCY Sections: 15.250.010 Concurrency Management Program. 15.250.020 Exemptions. 15.250.030 Concurrency Management Review. 15.250.040 Concurrency Inquiry. 15.250.050 Concurrency Review Procedures. 15.250.060 Concurrency Review Criteria. 15.250.070 Certificate of Capacity. 15.250.080 Appeal. 15.250.090 Facility Capacity Fees. 15.250.010 Concurrency Management Program. The following public facilities are subject to the concurrency management program set forth herein: transportation, potable water, sanitary sewer, solid waste, storm water management, fire, emergency medical service, and parks. The intent of the program is to ensure that public facilities and services necessary to support development are adequate to serve the proposed development at the time it is available for occupancy and use without decreasing service levels below locally established minimum standards. 15.250.020 Exemptions. The following applications are exempt from the requirements of this Chapter: A. No Impact Developments. Applications for development which creates no additional impacts on any concurrency facility or service are exempt from the requirements of this Chapter. Such development includes, but is not limited to: 1. Any addition or accessory structure to a residence with no change in use or increase in the number of dwelling units; 2. Interior renovations with no change in use or increase in number of dwelling units; 3. Interior completion of a structure for use(s) with the same or less intensity as the existing use or a previously approved use; 4. Replacement structure with no change in use or increase in number of dwelling units; 5. Temporary construction trailers; 6. Driveway resurfacing within the right-of-way, driveway or parking lot maintenance; 7. Reroofing of structures; 8. Demolitions. B. Exempt Permits. The following development permits are exempt from the requirements of this Chapter: 1. Boundary line adjustments; 2. Final plats, (if a concurrency test was conducted for the corresponding preliminary plat permit); 3. Variances; Council-Plan Comm 9-3-24, Page 2 of 13 4. Modifications; 5. Shoreline substantial development permits or variances. C. Application Filed Before the Effective Date of this Chapter. Complete development permit applications that have been submitted before the effective date of the ordinance codified in this Chapter are exempt from the requirements of this Chapter. D. Pre-existing Use Rights. Development permits that were issued before the effective date of the ordinance codified in this Chapter shall be considered to have capacity as long as the accompanying development permit is valid. If the accompanying development permit does not expire, capacity shall be considered to exist for five years after the effective date of the ordinance codified in this Chapter. E. Single-family Homes and Duplexes. Building permits for single-family homes and duplexes are exempt from the requirements of this Chapter. F. Interior Renovations. Interior renovations that only add one additional dwelling unit are exempt from the requirements of this Chapter. G. Accessory Dwelling Units. All accessory dwelling units, as defined in MLUDC Chapter 15.110 are exempt from the requirements of this Chapter. H. Transportation Facilities and Services of Statewide Significance. See RCW 36.70A.070(6)(a)(iii)(C). 15.250.030 Concurrency Management Review. All development permit applications are subject to a concurrency review except those set forth in MLUDC 15.250.020. If a concurrency review is performed for a preliminary plat application, no concurrency review shall be required for the final plat application. 15.250.040 Concurrency Inquiry. An Applicant may inquire whether or not concurrency facilities exist without an accompanying request for a development permit subject to the payment of an application fee. Any available capacity cannot be reserved. A certificate of capacity will only be issued in conjunction with a development permit approval as set forth in MLUDC 15.250.070. 15.250.050 Concurrency Review Procedures. A. Applicant’s Role. The Applicant shall provide the City with information necessary to complete the concurrency evaluation on the proposed development. It shall be the responsibility of the Applicant to provide studies, surveys, traffic counts, engineering review, or any other items determined to be necessary for an accurate concurrency evaluation. B. Department’s Role. The concurrency review will be performed during the processing of the underlying development permit. The Department shall provide the overall coordination of the concurrency review by notifying the facility and service providers, including but not limited to the Public Works Department, of all applications requiring a concurrency review. The Department shall also notify the facility and service providers of any expired or extended development permits. C. Service Provider’s Role. All facility and service providers shall be responsible for maintaining and monitoring their available and planned capacity by conducting the concurrency review, for their individual facility, for all applications requiring a Part 15.200 Land Use Decisions Page 2 of 4 Council-Plan Comm 9-3-24, Page 3 of 13 concurrency review as set forth in MLUDC 15.250.030; reserving the capacity needed for each application; accounting for the capacity for each exempted application which uses capacity as set forth in MLUDC 15.250.020(C), (D), (E), (F), and (G); notifying the Department of the results of the reviews; and reinstating any capacity for an expired development permit, or other action resulting in an Applicant no longer needing capacity which has been reserved. Facility and service providers shall annually report to the Department the total available and planned capacity of their facility or services as of the end of each calendar year. 15.250.060 Concurrency Review Criteria. A. Concurrency Standard. Development applications that would result in a reduction of a level of service below the minimum level of service standard shall not be approved. For potable water, sanitary sewer, and storm water management only available capacity will be used in conducting the concurrency test. For streets, fire, emergency medical service, and transportation, available and planned capacity will be used in conducting the concurrency test. B. Sufficient Capacity Result. If the capacity of concurrency facilities is equal to or greater than the capacity required to maintain the level of service standard for the impact from the development application, the concurrency test is passed. A certificate of capacity will be issued according to the provisions of MLUDC 15.250.070. C. Insufficient Capacity Result. If the capacity of concurrency facilities is less than the capacity required to maintain the level of service standard for the impact from the development application, the concurrency test is not passed. The Applicant may: 1. Modify the application to reduce the need for concurrency facilities that do not exist; 2. Demonstrate to the service provider’s satisfaction that the development will have a lower need for capacity than usual and, therefore, capacity is adequate; 3. Arrange with the service provider for the provision of the additional capacity of concurrency facilities required; or 4. Appeal the results of the concurrency test to the Hearing Examiner in accordance with MLUDC 15.250.080 and the provisions of MLUDC Chapter 15.215. 15.250.070 Certificate of Capacity. A. Issuance. A certificate of capacity shall be issued at the same time the development permit is issued and upon payment of any fee or performance of any condition required by a service or facility provider. B. Non-Transferable. A certificate of capacity shall apply only to the specific land uses, densities, intensities, and development project described in the application and development permit. A certificate of capacity is not transferable to other land, but may be transferred to new owners of the original land. C. Expiration. A certificate of capacity shall expire if the accompanying development permit expires or is revoked. A certificate of capacity may be extended according to the same terms and conditions as the accompanying development permit. If the development permit is granted an extension, so shall the certificate of capacity. If the Part 15.200 Land Use Decisions Page 3 of 4 Council-Plan Comm 9-3-24, Page 4 of 13 accompanying development permit does not expire, the certificate of capacity shall be valid for three years from issuance of the certificate. D. Unused Capacity. Any capacity that is not used because the Applicant decides not to develop or the accompanying development permit expires shall be returned to the pool of available capacity. 15.250.080 Appeal. An Applicant may, within ten (10) calendar days of the date of denial of a certificate of concurrency, appeal the denial in accordance with MLUDC Chapter 15.215 on the following grounds: A. The City committed a technical or mathematical error; or B. The Applicant provided alternative data that was rejected by the City. 15.250.090 Facility Capacity Fees. Facility and service providers may continue to charge fees based on their existing fee schedules. This Chapter does not independently authorize the collection of any new fees. Any new capacity fees must be authorized through another authority. All such concurrency fees are to be paid in full upon approval of and prior to issuance of the certificate of capacity. Part 15.200 Land Use Decisions Page 4 of 4 Council-Plan Comm 9-3-24, Page 5 of 13 Chapter 15.640 MINI STORAGES Sections: 15.640.010 Mini Storage Use Restrictions. 15.640.020 Mini Storage Development Standards – General Commercial and Business Zone (C-2). 15.640.030 Mini Storage Development Standards – High Density Residential (R-3). 15.640.040 Mini Storage Development Standards – Industrial Zone (L-I) and (H-I). 15.640.010 Mini Storage Use Restrictions. Mini storage facilities and units shall not be used for: A. Heavy manufacturing, fabrication, or processing of goods, service or repair of vehicles, engines, appliances, or other electrical equipment, or any other heavy industrial activity. B. Conducting garage or estate sales. This does not preclude auctions or sales for the disposition of abandoned or unclaimed property. C. Storage of flammable, perishable, or hazardous materials or the keeping of animals. 15.640.020 Mini Storage Development Standards – General Commercial and Business Zone (C-2). A. The maximum lot size is one hundred thirty-two, thousand (132,000) square feet. Existing mini-storage businesses are permitted to expand or construct new buildings within parcels being used for mini-storage as of the date of adoption of the ordinance codified in this section. The expansion or new construction shall be consistent with and meet all applicable standards of the zoning district as well as this section. B. All access, travel surfaces, loading areas, and building aprons shall be surfaced with asphalt, concrete, or other similar hard surface pavement as approved by the Director. C. All developments shall comply with the state fire code as adopted by the City in Title 16 MLMC, including but not limited to requirements for fire apparatus access roads. D. All developments shall comply with parking, landscape and buffering, sign, and outdoor lighting requirements set forth in MLUDC Part 15.700; provided, however, that the buffer landscaping shall be a Type I buffer. 15.640.030 Mini Storage Development Standards – High Density Residential (R-3). A. The maximum lot size is one hundred thirty-two, thousand (132,000) square feet. Existing mini-storage businesses are permitted to expand or construct new buildings within parcels being used for mini-storage as of the date of adoption of the ordinance codified in this section. The expansion or new construction shall be consistent with and meet all applicable standards of the zoning district as well as this section. B. Outdoor storage is prohibited. All goods and property stored at a mini-storage shall be stored in an enclosed building. No outdoor storage of boats, RVs, vehicles, or similar equipment is permitted C. All access, travel surfaces, loading areas, and building aprons shall be surfaced with asphalt, concrete, or other similar hard surface pavement as approved by the Director. D. All developments shall comply with the state fire code as adopted by the City in Title 16 MLMC, including but not limited to requirements for fire apparatus access roads. 2024.08.02 DRAFT PAGE 1 OF 2 Council-Plan Comm 9-3-24, Page 6 of 13 E. All developments shall comply with parking, landscape and buffering, sign, and outdoor lighting requirements set forth in MLUDC Part 15.700; provided, however, that the buffer landscaping shall be a Type I buffer. 15.640.040 Mini Storage Development Standards – Industrial Zone (L-I) and (H-I). A. All access, travel surfaces, loading areas, and building aprons shall be surfaced with asphalt, concrete, or other similar hard surface pavement as approved by the Director. B. All developments shall comply with the state fire code as adopted by the City in Title 16 MLMC, including but not limited to requirements for fire apparatus access roads. C. All developments shall comply with parking, landscape and buffering, sign, and outdoor lighting requirements set forth in MLUDC Part 15.700. 2024.08.26 DRAFT Page 2 of 2 Council-Plan Comm 9-3-24, Page 7 of 13 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF MOSES LAKE, WASHINGTON, CREATING A NEW CHAPTER 13.15 TITLED “WATER RIGHT TRANSFERS” OF THE MOSES LAKE MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Creation. Moses Lake Municipal Code Chapter 13.15 titled “Water Right Transfers” is hereby created to read as follows: CHAPTER 13.15 WATER RIGHT TRANSFERS Sections: 13.15.010 Purpose and Definitions. 13.15.020 Types of Water Rights. 13.15.030 Annexations. 13.15.040 Building Permits. 13.15.050 Amount of Water and Payment in Lieu. 13.15.060 Payments Made by the City. 13.15.070 Payments Received by the City. 13.15.080 Form of Transfer and Conveyance of Water Right. 13.15.010 Purpose and Definitions. The purpose of this Chapter is to obtain water rights to support new development within the City’s Urban Growth Area. This purpose shall be achieved through the transfer of water rights to the City or the payment of fees to the City to be used to acquire additional water rights as a condition of connection to the City’s municipal water system. The purpose for requiring a transfer of water rights or payment in lieu thereof is to enhance the public health, safety, and welfare through a provision designed to enable the City to meet the future water service needs of property within the City’s Urban Growth Area. For purposes of this Chapter, the following defined words shall apply: An “applicant” shall mean the property owner(s) involved in the action that triggers the transfer of water rights under this Chapter, whether that be through annexation in Section 13.15.030 or through a permit or approval process set forth in Section 13.15.040, all as more fully described in this Chapter. A “utility extension” shall mean an extension of domestic water service by an applicant located within the Urban Growth Area but outside city limits within the meaning of Title 13 of the Moses Lake Municipal Code, that triggers the requirement for the applicant to enter Council-Plan Comm 9-3-24, Page 8 of 13 into a utility extension agreement with the City before the City will provide water service to the applicant. 13.15.020 Types of Water Rights. This Chapter shall apply to all of the various types of water rights or rights to water that are appurtenant to or associated with the real property that is subject to this Chapter (excluding allotments or shares in an irrigation district formed pursuant to Chapter 87.03 RCW), and shall include all associated real and personal property interests in and to the water rights at issue. For example, the various types of water rights subject to this Chapter include, but are not necessarily limited to, the following: permits, certificates, and claims issued by or on file with the Washington State Department of Ecology, or any of its predecessors. 13.15.030 Annexations. Prior to approval of any annexation of land to the City through a petition method of annexation, water rights associated with the property proposed for annexation shall be transferred to the City, subject to the provisions of Section 13.15.080. Alternatively, the City and the applicant may enter into an agreement, at the election of the City, for the transfer to the City of the water rights associated with the annexing property at such future point in time as the City determines appropriate. The purpose of the future transfer provision is to accommodate potential delays encountered in the process to transfer the water rights to the City, the submission of an application within the scope of Section 13.15.040, or continued use of water rights associated with uses in existence at the time of annexation and anticipated to continue until further development of the annexation area property occurs. As part of the agreement, the City may require (1) the applicant to acquire adequate water rights and transfer the same to the City, and/or (2) the applicant to deposit an amount of money into the City water fund not to exceed the payment in lieu of transfer provided in Section 13.15.050, which sum is refundable, without interest, in the event there is a successful transfer of water rights pursuant to the agreement referred to herein. 13.15.040 Building Permits. Upon application for a building permit that involves the providing of domestic water service by the City, the applicant shall transfer water rights associated with the property to the City, subject to the provisions in Section 13.15.080. Alternatively, at the election of the City, the applicant and City may enter into an agreement to transfer the water rights to the City at a later time. The purpose of this deferment provision is to accommodate potential delays encountered in the process to transfer the water rights to the City, or the continued use of the water rights associated with uses in existence at the time of the application and anticipated to continue until further development of the property that is the subject of the application. As part of the agreement, the City may require: (1) the applicant to acquire adequate water rights and transfer the same to the City, and/or (2) the applicant to deposit an amount of money into the City water fund not to exceed the payment in lieu of transfer provided in Section 13.15.050, which sum is refundable, without interest, in the event there is a successful transfer of water rights pursuant to the agreement referred to herein. As part of the determination made pursuant to this Section, the City shall take into consideration, and may provide appropriate credit to the applicant, if the property identified by the applicant in the action triggering the application of this Chapter has previously complied with the provisions of this Chapter and: (1) water rights associated with said Page 2 of 6 Council-Plan Comm 9-3-24, Page 9 of 13 property were previously conveyed to the City, or (2) a payment in lieu was made by the applicant to the City and the funds have not been refunded by the City. 13.15.050 Amount of Water and Payment in Lieu. A. Water Use Determination. The amount of water rights to be transferred to the City pursuant to Sections 13.15.030 and 13.15.040 shall be sufficient to serve the estimated equivalent residential units (“ERUs”) of anticipated water usage for the area that is the subject of the annexation or application based upon the City’s regulations applicable to (or, in the case of an annexation, will be applicable to) development of the property in effect at the time the petition for annexation or the application is submitted. In the event the applicant desires to irrigate common areas, open space, recreational areas, and the like, with water provided through the City’s domestic system, then the water demand for said features shall be converted to ERUs by the Public Works Director (working with the City Engineer and the City Attorney) for purposes of determining how much additional water the applicant must transfer to the City for said uses. The determination of how much water the City will deliver to the property at issue (expressed in ERUs) shall be made by the Public Works Director (working with the City Engineer and the City Attorney) and the determination communicated in writing to the applicant within sixty (60) days of the City’s receipt of a valid petition for annexation triggering Section 13.15.030 or a complete application is received triggering Section 13.15.040. In the case of an annexation or the extension of water service outside of the city limits, in no event shall the ERUs of anticipated water usage be less than the number of ERUs required for development in the R-1 Zoning District. In the calculation of the amount of water rights that must be transferred to the City, credit shall be provided for any existing and previously approved connections to the City’s municipal water system that are currently in use on the subject property. In addition, if the applicant has an exempt well or wells and desires to transfer the water rights associated with said wells, as currently provided for in RCW 90.44.105, then credit shall also be provided for the water use associated with said wells to the extent the water rights associated with said wells are successfully transferred to the City. B. Excess Water Rights. To the extent the water rights associated with the subject property exceed the anticipated water usage for the subject property as determined pursuant to subsection A of this Section, the City and the applicant may agree as follows with respect to any such excess water rights: (1) to transfer any amount of the excess water rights to the City and, in exchange, the City shall pay the applicant for the excess water rights to be transferred to the City an amount of money agreed upon by the City and the applicant, or (2) to transfer the excess water rights to the City in exchange for ERU credits associated with water provided through the City’s domestic water system to be applied to other property owned by the applicant within the City’s approved Urban Growth Area, subject to the provisions of this Chapter. In the event the excess water rights are transferred to the City, the transfer will be processed simultaneously with and as a part of the transfer process outlined in Section 13.15.080, and the City shall be responsible for the proportionate share of the transfer costs attributable to the excess water rights, as agreed to by the City. The intent of this subsection is to provide the City means to acquire excess water rights that are no longer needed by the applicant. Page 3 of 6 Council-Plan Comm 9-3-24, Page 10 of 13 C. Payment in Lieu. In the event: (1) no water rights are associated with the property that is the subject of a Section 13.15.030 annexation or a Section 13.15.040(A) application; or (2) the water rights associated with said property are less than the Public Works Director (working with the City Engineer and City Attorney) determines to be sufficient to serve the estimated ERUs of anticipated water usage for the property that is subject to the requirements of this Chapter as determined by the Public Works Director pursuant to subsection A of this Section; or (3) the water rights successfully transferred to the City are less than the Public Works Director (working with the City Engineer and City Attorney) determines to be sufficient to serve the estimated ERUs of anticipated water usage for the property that is the subject to the requirements of this Chapter as determined by the Public Works Director pursuant to subsection A of this Section, then the City may elect to have the owner(s) of the subject property pay to the City, at the then current market value as determined by the Public Works Director (working with the City Engineer and City Attorney), a sum of money that represents the current market value of the water rights the City estimates will be necessary to serve the property as determined in accordance with the provisions of subsection A of this Section. D. Payment of Costs. The applicant shall pay the City for all costs associated with: (1) the City’s determination and evaluation of the anticipated water demand and usage for the subject property and, if determined to be necessary by the City, the current market value of an ERU of water, and (2) completing the transfer of the water rights to the City consistent with this Chapter. If the applicant is making a payment to the City in lieu of transferring water rights to the City, then the applicant shall also pay the City’s estimated costs of processing the future transfer and acquisition of the water rights. The term “costs” as used in this subsection shall include, but is not limited to, City staff time, engineering fees, attorneys’ fees, application fees, Grant County Water Conservancy Board fees, publication fees, and any other fees or charges associated with processing and recording the transfer and acquisition of water rights. E. Commitment by City. Effective upon the date the water rights are successfully transferred and conveyed to the City as required by this Chapter and for a period of ten years thereafter, the City shall make available to the property that was subject to the application of this Chapter, water usage in amounts at least equal to the amount of water usage transferred to the City by the applicant. The requirement of the City to make available this water usage shall not be construed to require the City to construct any City water system extensions or improvements that may be necessary to serve said property or the applicant. Any such City water system extensions or improvements shall be constructed by the owner of said property at the owner’s expense. Nothing herein precludes the City from making commitments to provide municipal water service as part of an annexation agreement, when the owner of property subject to the annexation is required to pay some sum to the City as set forth in subsection C of this Section. In the event: (1) a building permit is denied solely because of water unavailability, and (2) the property for which said building permit is sought was previously subject to the provisions of this Chapter resulting in a transfer and conveyance of water rights or the payment in lieu thereof to the City (which payment has not been refunded by the City), Page 4 of 6 Council-Plan Comm 9-3-24, Page 11 of 13 then the party seeking the building permit, as the sole and exclusive remedy, shall receive a payment equal to the ERU(s) originally attributed to the property identified in the building permit at the value established at the time of the original application (all as determined by the Public Works Director), without interest from the date of the original application. F. Appeal. Any decision committed to the Public Works Director will be reviewed by the City Manager; provided the affected applicant serves a written notice to the City requesting the review within fourteen calendar days of the issuance of the written recommendation of the Public Works Director. If a written notice requesting review is not timely served upon the City, then the Public Works Director’s recommendation shall be the final decision of the City. If a written notice requesting review is timely served on the City, the City Manager shall review the recommendation of the Public Works Director and issue a final decision within twenty (20) calendar days of the service of the notice requesting review on the City. Any final decision within the limited scope of this subsection may be appealed for abuse of discretion by filing an appeal in the Grant County Superior Court within twenty-one (21) calendar days of the date of the final decision. 13.15.060 Payments Made by the City. All money paid by the City to owners pursuant to the application of this Chapter shall be paid by the City water fund. Those water rights purchased pursuant to this Chapter shall become assets of the City domestic water utility and part of the City’s water system. 13.15.070 Payments Received by the City. All money paid to the City pursuant to this Chapter shall be paid to the City water fund. All money paid to the City pursuant to this Chapter shall be used by the City water utility for the following purposes: (A) purchase of water rights and to process applications for new water rights for the City to be added to the City domestic water utility system; and (B) alternatively, to the extent permitted by the laws of the State of Washington, the City may, but is not required to, use the money deposited into the City water fund pursuant to this Chapter to finance water conservation measures that enhance the City’s municipal water system effectiveness. 13.15.080 Form of Transfer and Conveyance of Water Right. The transfer of water rights pursuant to this Chapter shall be in such forms as may be approved by the City. The applicant shall execute all documents required by the City and/or any other governmental entity that may be necessary to achieve the purposes of this Chapter. Those documents may include, but are not limited to, change in point of diversion, change in place of use, change in purpose of use, and any other documents or forms. The City will diligently pursue approval of the water right transfer. In order for a water right transfer to be completed, the water right transfer must: (A) ultimately be approved by the Department of Ecology and all appeal periods must have expired without challenge, and (B) be changed to a municipal water right. The applicant must convey the water right to the City by statutory warranty deed or other appropriate conveyance instrument, as determined by the City, upon completion of the water right transfer; provided, however, that the actual conveyance may be delayed to Page 5 of 6 Council-Plan Comm 9-3-24, Page 12 of 13 coincide with the City’s approval of the petition for annexation or application described in this Chapter, or as otherwise set forth in an agreement between the applicant and the City. Section 2. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection or portion of this ordinance, or the application thereof to any person or circumstance, is held to be invalid, it shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 3. 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, Washington and signed by its Mayor on ___________, 2024. ________________________________________ , Mayor ATTEST: APPROVED AS TO FORM: ________________________________ ________________________________ Debbie Burke, City Clerk Katherine L. Kenison, City Attorney Martinez Swartz Myers Fancher Madewell Lombardi Skaug Vote: Date Published: Date Effective: Page 6 of 6 Council-Plan Comm 9-3-24, Page 13 of 13

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