Planning Commission Agendas

City of Moses Lake Planning Commission Agenda REMOTE ACCESS OPTION and IN PERSON UPDATE: Citizens can join this meeting remotely by calling the numbers listed or via internet at https://cityofml.zoom.us/j/98138492478 Call In: 1 253 215 8782 ID: 981 3849 2478. Persons requesting to address the Planning Commission from the remote option will need to complete the online speaker request form* before 3 p.m. on the day of the meeting. Thursday July 13, 2023 @ 6PM Council Chambers 401 S Balsam St., Moses Lake, WA 1. Call to Order / Roll Call 2. Approval of Agenda 3. Approval of Minutes: June 8, 2023 and July 3, 2023 4. Commission Business a. Covered Parking Interim Controls b. Review of Public Par�cipa�on Plan for Development Code Rewrite c. SMP Limited Amendment Exemp�on List • Single Family Residence Appurtenances 5. Other Business a. Short Course Training Video – Comprehensive Planning Basics 6. Administra�ve Reports  a. Development Project Update PowerPoint b. Next mee�ng assignment - Review of Development Code Division I 7. Public Comment for Non-Agenda Items 8. Adjournment  City of Moses Lake Planning Commission Minutes of July 3, 2023 1. Call to Order The meeting was called to order by Chairman Nofziger at 3:00 p.m. 2. Roll Call Commissioners Present: Nathan Nofziger (Chair), Charles Hepburn (Vice Chair), Gary Mann, Adam Weber Commissioners Absent: Charles Hepburn (Vice Chair), Susan Tao Staff Present: City Attorney Katherine Kenison, Community Development Director Kirsten Sackett, Planning Manager Vivian Ramsey, Senior Planner Nathan Pate, and Associate Planner Amy Harris 3. Agenda Items Strevy Shoreline Permit Pursuant to RCW 42.30.140(2) and, to the extent applicable, RCW 42.30.110(l)(i), the meeting was moved to a closed session at 3:07 pm for the purpose of continued review of a quasi-judicial land use matter presented to the Planning Commission during their meeting of June 8, 2023. 4. Adjournment of Closed Session: 3:56 pm 5. Open Session: 3:57pm Discussion was held on developing a work plan to review potential amendments to the SMP. 6. Adjourned Open Session: 4:24 pm by Chair Nofziger.  CITY OF MOSES LAKE PLANNING COMMISSION MEETING July 13, 2023 (Thursday) 6:00 PM Civic Center – Council Chambers AGENDA REPORT TO: Planning Commission THRU: Kirsten Peterson, Community Development Director FROM: Nathan Pate AICP, Senior Planner DATE: July 7, 2023 RE: Introduction of Ordinance No. 3026 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, and the Planning Commission Work Plan SUMMARY: On May 23, 2023, the Moses Lake City Council adopted Ordinance No. 3026 (Attachment A) adopting interim land use regulations and official controls pursuant to RCW 35A.63.220 and RCW 36.70A.390 for covered parking within the R-1 Residential Zoning District. As required and to be perfected, the interim land use regulations and official controls must meet minimum processing standards which include the preparation and implementation of the “Planning Commission Work Plan” (Attachment B). The ordinance included, but is not limited to, the following: 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. 2. The City of Moses Lake Municipal Code requires parking pursuant to MLMC 18.54.040 - Two (2) required parking stalls per unit for single-family homes (including manufactured homes). 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. 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: Planning Commission 7/13/2023 – Interim Control Introduction and Work Plan Page 1 of 2  “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. ANALYSIS: The Planning Commission is being asked to begin the public outreach and deliberations to develop recommendations for a final Code Amendment that addresses residential parking standards regarding structures. Attachments: 1. Ordinance No. 3026 2. Planning Commission Work Plan Planning Commission 7/13/2023 – Interim Control Introduction and Work Plan Page 2 of 2  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 Page 1 of 4 Document Ref: MFAAH-KEH9B-ABQNA-RYEZ9 Page 1 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 Page 2 of 4 Document Ref: MFAAH-KEH9B-ABQNA-RYEZ9 Page 2 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 Page 3 of 4 Document Ref: MFAAH-KEH9B-ABQNA-RYEZ9 Page 3 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 Page 4 of 4 Document Ref: MFAAH-KEH9B-ABQNA-RYEZ9 Page 4 of 4 Signature Certificate Reference number: MFAAH-KEH9B-ABQNA-RYEZ9 Signer Timestamp Signature Katherine Kenison Email: kkenison@basinlaw.com Sent: 25 May 2023 20:45:27 UTC Viewed: 25 May 2023 21:27:10 UTC Signed: 25 May 2023 21:27:32 UTC Recipient Verification: IP address: 173.209.171.7 ✔Email verified 25 May 2023 21:27:10 UTC Location: Moses Lake, United States Mayor Don Myers Email: dmyers@cityofml.com Sent: 25 May 2023 20:45:27 UTC Viewed: 26 May 2023 13:26:12 UTC Signed: 26 May 2023 13:26:53 UTC Recipient Verification: IP address: 67.21.180.215 ✔Email verified 26 May 2023 13:26:12 UTC Location: Moses Lake, United States Debbie Burke Email: dburke@cityofml.com Sent: 25 May 2023 20:45:27 UTC Viewed: 26 May 2023 15:36:26 UTC Signed: 26 May 2023 15:36:46 UTC Recipient Verification: IP address: 63.135.54.162 ✔Email verified 26 May 2023 15:36:26 UTC Location: Moses Lake, United States Document completed by all parties on: 26 May 2023 15:36:46 UTC Page 1 of 1 Signed with PandaDoc PandaDoc is a document workflow and certified eSignature solution trusted by 40,000+ companies worldwide.  WORK PLAN: Interim Controls to remove the requirement for covered parking within the R-1 Residential Zoning District 2023. Task Time frame Responsible Staff Develop outreach and public information July 1 – July Planner 20 Circulate interim regulations to developers, July 20-June 8 Planner industry experts, City staff and impacted developers for review and comments Draft Final regulations June 8-June Planner 12 Review regulations w/ Planning Commission July Planner (NOTE below time frame may be reduced or expanded subject to public interest) Public outreach / workshop w/PC (multiple as August Planner needed) Circulate updated Code for Comment Estimate- Planner - SEPA review August / - Sixty-day state agency review September Planning Commission Review/Recommendation Estimate- Planner September / October City Council Review/Adoption Estimate- Planner October / November  CITY OF MOSES LAKE PLANNING COMMISSION MEETING July 13, 2023 (Thursday) 6:00 PM Civic Center – Council Chambers AGENDA REPORT TO: Planning Commission FROM: Kirsten Peterson, Community Development Director DATE: July 7, 2023 RE: Review of Development Code Public Participation Plan SUMMARY: Following adoption of the Comprehensive Plan in late 2021, and guidance from the Department of Commerce (see attachment) the City then began to formulate plans for updating the Development Code regulations into One unified Development Code. At present, the applicable code provisions are broken out into several section of the Municipal Code, specifically in Titles 14 through 20. The intention with a new code is to combine all development regulations into one Title. In 2021 the City entered into a contract with SCJ Alliance to aid in the drafting of the new code. Staff members from Community Development, with participation from other department as necessary, have been meeting with the consultants on a regular basis to review the draft code regulations. We have reached a point where the majority of the code has been drafted, and we will soon be seeking input and participation from the public. The status of the development code re- write is found within the attached Working Code Outline. This document gives an overview of each new Division of the Code, along with the status as of the beginning of June. The Draft Code is under regular review by Staff and the consultants, and the Outline is updated on a regular basis. The next step for the Planning Commission is to review and provide recommendations on a public participation plan (PPP). Following a recommendation from the Planning Commission, the PPP will be presented to City Council for consideration and potential adoption. The intention of the PPP is to ensure that the city is offering a variety of avenues for members of the public to review the document and provide input. Not only is it in the best interests of the City to ensure this type of participation, but broad public participation is also a requirement found with RCS 36.70A.140. Planning Commission 7/13/2023 – Review Development Code Public Participation Plan Page 1 of 2 The public participation effort is intended to achieve specific desired outcomes, which include: • A public involvement process that provides clear information to the public on the purpose of the Development Code and how the update process works; • Public meetings and events designed to provide opportunities for all interested parties to be heard, and for people to listen and learn from one another; • Broad participation of all interested groups and individuals regardless of point of view; • A transparent process which clearly documents all public input and makes it available for any and all to review; and • Improve the decision making process to include the interests and needs of stakeholders At a minimum the City will be hosting workshops, and eventually public hearings, with both the Planning Commission and City Council. However, before we arrive at the point of public hearing and adoption, the City wants to make every effort to provide for ample participation from the public. Staff will be designing a series of events that will include stakeholder workshops, open house events, presentations to existing community groups, boards, and non-profit organizations, and participation at existing community events. A variety of methods for engagement will also be utilized, from offering paper copies of the draft Code for review, to the use of online community engagement tools to allow for broad public participation. Following review of the PPP by the Planning Commission, Staff anticipates presenting the PPP to Council for review at their July 25 meeting. ANALYSIS: The Planning Commission is being asked to begin the public outreach and deliberations to develop recommendations for a final Code Amendment that addresses residential parking standards regarding structures. RECOMMENDATIONS: Accept, revise and/or augment the Public Participation Plan. Attachments: 1. Dept of Commerce letter, dated December 14, 2021 2. Working Code Outline 3. Draft PPP Planning Commission 7/13/2023 – Review Development Code Public Participation Plan Page 2 of 2  CITY OF MOSES LAKE DEVELOPMENT CODE UPDATE PUBLIC PARTICIPATION PLAN INTRODUCTION Following adoption of the City of Moses Lake Comprehensive Plan in late 2021, and upon guidance from the Department of Commerce, the City then began to formulate plans for updating the Development Code regulations into One unified Development Code. At present, the applicable code provisions are broken out into several section of the Municipal Code, specifically in Titles 14 through 20. The intention with a new code is to combine all development regulations into one Title. The Growth Management Act (GMA) requires local governments to create and broadly disseminate a Public Participation Plan. The purpose of this Plan is to identify the desired outcomes of the City of Moses Lakes’ public participation plan, the approach, audiences, schedule and opportunities for public participation. This document may be updated over time to reflect the needs that arise during the update project, and the experience in early outreach, to ensure that public participation is effective. DESIRED OUTCOMES The public participation effort is intended to achieve specific desired outcomes, which include: • A public involvement process that provides clear information to the public on the purpose of the Development Code and how the update process works; • Public meetings and events designed to provide opportunities for all interested parties to be heard, and for people to listen and learn from one another; • Broad participation of all interested groups and individuals regardless of point of view; • A transparent process which clearly documents all public input and makes it available for any and all to review; and • Improve the decision making process to include the interests and needs of stakeholders AUDIENCES There are several audiences that will participate in the Development Code re-write and each will become engaged in the process in different way:  • Community members: Moses Lake residents, property owners and business owners • Stakeholders: Developers, contractors, and other users of the Development code • Elected and appointed officials: City councilmembers, Planning Commissioners and other city commission/board members as needed. • Non-city service providers, such as: Grant County Transit, Port of Moses Lake, Grant County PUD, etc. • Non-governmental organizations such as: Chamber of Commerce, Economic Development Moses Lake Downtown Association, and various service oriented clubs (Rotary, Kiwanis, etc.) • State, regional and other local governments, such as: Grant County, Washington State Department of Transportation (WSDOT), Commerce, Ecology, Fish and Wildlife (DFW), and Archaeology and Historic Preservation (DAHP), and the Coleville Tribes. ROLE OF DECISION MAKERS City Council The City Council will provide policy guidance and is the final decision maker for adopting the Development Code update. Council members will be notified of all public activities and events. All public workshops, hearings, and other activities with the City Council will be noticed appropriately. The City Council will receive periodic briefings throughout the update process and will review Planning Commission recommendations. City Council will hold a public hearing on the final draft of the updated Comprehensive Plan prior to taking action. Planning Commission The Planning Commission will provide policy recommendations for the Development Code update and will assist in ensuring the public is involved throughout the process. Planning Commission members will be notified of all community activities and events. All public workshops, hearing, and other activities with the Planning Commission will be noticed appropriately. The Planning Commission will review drafts of the update on a section by section basis, providing opportunities for public comments, and will provide feedback and recommendations to City staff. The Planning Commission will hold a public hearing on the Development Code update before forwarding its final recommendation to City Council. Community Development Department City of Moses LakeCommunity Development staff will oversee any stakeholder groups that are formed, volunteers, consultants, and other members of the City’s staff on the development code update. Community Development staff will facilitate public meetings; coordinate events and activities; and present draft materials to the Planning Commission and City Council for review. They will revise documents as needed and provide all materials to Planning Commissioners and City Council members in a timely manner. Role of the Public Through the community outreach efforts, the Development Code update will be a reflection of the community’s core values and will be written to assist the community and City staff in meeting common goals. The Development Code will be a reflection of the community’s core values, ideas, and policy objectives already identified in the Comprehensive Plan, and identified during the Code update process. During the update process it is important to retain the public’s interest by making community participation as accessible as possible. The process will be driven by the community and guided by City staff and any stakeholder groups that are formed. Community participation will be accomplished by employing a variety of community outreach tools; and using a diverse communication tools to provide information and to engage with the community METHODS AND TOOLS Techniques for public participation vary in scale, technology, structure, and timing. Our community members are busy and active people, in order to get broad representation, we will bring activities to the places where they are already going. Bringing information and asking for input in neutral locations will also help to ensure that community members feel comfortable expressing their ideas. The City also recognizes that to involve all community members a variety of outreach methods and communication tools must be used throughout the update process. The following is a list of community outreach methods and communication tools that will be used to foster broad and ongoing community involvement, collect community input, and provide information to the community. These are not meant to be exhaustive lists; as the process unfolds and the community engages in the process and shares ideas these lists will be expanded upon. Community Outreach Methods – (To be expanded upon with PC recommendations) Public Open Houses and Meetings Community Events and Activities Focus Events Interviews Public Hearings Public Comments Communication Tools - (To be expanded upon with PC recommendations) Written Materials Interested Parties List Online Community Engagement Platform Development Code Update Webpage Social Media Newspaper Noticing and Advertisements SCHEDULE – (To be Developed) CONCLUSION The City Council will adopt the Public Participation Plan at a regularly scheduled Council meeting. This Plan may be updated administratively as conditions change and community input is incorporated into the overall update strategy. A current copy of the Public Participation Plan shall be available for viewing at the front counter of the Community Development Department and on the City’s website  STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE  PO Box 42525  Olympia, Washington 98504-2525  (360) 725-4000 www.commerce.wa.gov December 14, 2021 The Honorable David Curnel Mayor of Moses Lake 401 S Balsam Post Office Box 1579 Moses Lake, Washington 98837 Sent Via Electronic Mail RE: Completion of the periodic update of Moses Lake’s Comprehensive Plan Dear Mayor Curnel: Thank you for sending Growth Management Services Ordinance No. 2992. We received this on November 30, 2021 and processed it with the Material ID 2021-S-3438. This ordinance indicates the completion of your comprehensive plan review and update required under RCW 36.70A.130. We recognize the substantial investment of time, energy, and resources that these documents represent. We congratulate you, your planning commission, staff, and involved citizens for the good work represented by your update. Next Steps to Complete the Periodic Update: RCW 36.70A.130(1) requires that counties and cities take action to review and revise, if necessary, their comprehensive plans and development regulations, including their critical areas ordinances, every eight-years. At this time, it appears you still need to finalize the review and update of your development regulations and critical area regulations. Finalizing the Periodic Update Process: Commerce recommends that your final legislative action documents the entire review process and declares that the periodic update required in RCW 36.70A.130(1) is complete. This final action should outline opportunities for the public to take part in this review, and include findings that your comprehensive plan and development regulations are consistent with the Growth Management Act. If you have any questions or concerns about any planning or growth management issues, please call William Simpson, Senior Planner, at (509) 280-3602. We extend our continued support to the City of Moses Lake in achieving the goals of growth management. Sincerely, Dave Andersen, AICP Managing Director Growth Management Services DA:WS:lw cc: Allison Williams, City Manager, City of Moses Lake Melissa Bethel, Community Development Director, City of Moses Lake William Simpson, AICP, Senior Planner, Growth Management Services Benjamin Serr, AICP, Eastern Regional Manager, Growth Management Services George Mazur, Senior Transportation Planner, WA Department of Transportation Eric Pentico, Habitat Biologist, WA Department of Fish and Wildlife  Moses Lake Title 15: Unified Development Code CONTENTS: • Division I: General Provisions • Division II: Development Review and Enforcement • Division III: Zoning Districts and Land Use • Division IV: Community and Project Design • Division V: Environmental, Critical Areas, and Growth Management Act • Division VI: Definitions, Word Usage, and Measurement. Division I: General Provisions 15.01 General Provisions Section Action Notes 15.01.01 Title Draft complete with initial CDD input Draft complete 15.01.02 Purposes Draft complete with initial CDD input Draft complete 15.01.03 User Guide Draft complete with initial CDD input Finalize near end of code drafting – CDD staff led 15.01.04 Applicability Draft complete with initial CDD input Draft complete 15.01.05 Interpretation and Draft complete with initial CDD input Draft complete Severability FINAL COMBINED Division I Draft complete minus user guide Division II: Development Review & Enforcement 15.02 Development Review Section Action Notes 15.02.01 Purpose and Draft complete with CDD input Draft complete Administration 15.02.02 Permit Review Process Draft complete with CDD input Draft complete Types 15.02.03 Permit Review Draft complete with CDD input Draft complete Procedures 15.02.04 Hearings and Appeals Draft complete with CDD input Draft complete 15.02.05 Review Criteria for Draft complete with CDD input Draft complete Certain Permits 15.02.06 Supplementary Draft complete with CDD input Draft complete Standards 15.02.07 Subdivisions Draft complete with CDD input Draft complete FINAL COMBINED Division II Draft complete with CDD input Draft complete: Next steps: Page 1 of 4 Draft Date: July 7, 2023  CDD staff gather input from various departments Present draft code to PC/ CC Division III: Zoning Districts and Land Use 15.03 Zones, Overlay Zones and Land Use Section Action Notes 15.03.01 Purpose and Application Draft complete with initial CDD input 15.03.02 Adopted Zoning Map Draft complete with initial CDD input and Interpretation 15.03.03 Establishment of Zones Draft complete with initial CDD input Need to finalize what to do and Overlay Zones with Public Zones 15.03.04 Land Use by Zone Draft complete with initial CDD input 15.04 Residential District Standards 15.04.01 Purpose and Application Draft complete with initial CDD input 15.04.02 Low Density Residential Draft complete with initial CDD input (R-1) Standards 15.04.03 Medium Density Draft complete with initial CDD input Residential (R-2) Standards 15.04.04 High Density Residential Draft complete with initial CDD input (R-3) Standards 15.05 Supplemental Residential District Standards 15.05.01 Building Height Plane Draft complete with initial CDD input 15.05.02 Zero Lot Line Standards Draft complete with initial CDD input CCD Staff to coordinate with Building/ Engineering 15.05.03 Manufactured Homes on Need input on direction/ choices CDD CCD Staff to coordinate with Individual Lots staff Building/ Engineering 15.05.04 Manufactured Home Need input on direction/ choices CDD CCD Staff to coordinate with Communities staff Building/ Engineering 15.05.05 Cluster Development Draft complete with initial CDD input CCD Staff to coordinate with Building/ Engineering 15.05.06 Accessory Dwelling Units Draft complete with initial CDD input Revised with HB additions 15.05.07 Emergency and Draft complete with initial CDD input Revised with State law Transitional Housing compliance 15.05.08 Other Housing Types Staff discussion needed CCD Staff to coordinate with Building/ Engineering 15.06 Nonresidential and Mixed Use Standards 15.06.01 Purpose and Application Draft complete with initial CDD input 15.06.02 Nonresidential and Draft complete with initial CDD input Mixed Use StandardsError! Bookmark not defined. 15.06.03 Mixed Use and Live- Draft complete with initial CDD input Work 15.06.04 Commercial/ Industrial Staff coordinate discussion with CCD to coordinate with Standards Engineering/ Planning Engineering (Perteet) industrial standards 15.06.05 Essential Public Facilities Draft complete – need CCD review Page 2 of 4 Draft Date: July 7, 2023  15.06.06 Airport Overlay Standards FINAL COMBINED Division III Division IV: Community and Project Design 15.07 Community Design Standards Section Action Notes 15.07.01 Purpose and Application 15.07.02 Streetscape DesignError! Bookmark not defined. 15.07.03 Subdivision and Block Structure 15.07.04 Open Space 15.07.05 Downtown Design Some outreach has been done Standards with downtown organizations 15.07.06 Commercial Transition Design Standards 15.08 Project Design Standards 15.08.01 Purpose and Application 15.08.02 Site Orientation 15.08.03 Site Planning and Design Pedestrian pathways, parking Elements lot orientation, internal pathways, internal vehicular circulations 15.08.04 Building Design 15.08.05 Off-Street Parking Draft started by consultant References other chapters 15.08.06 Landscaping Draft started by consultant References other chapters 15.08.07 Outdoor Lighting 15.08.08 Wireless Communication Draft started by consultant/ CCD staff References other chapters Facilities 15.09 Signs 15.09.01 Purpose and Application 15.09.02 Types 15.09.03 Design Characteristics 15.09.04 Nonconforming Signs 15.09.05 Enforcement FINAL COMBINED Division IV Draft of entire division once we get a near final of the zoning chapter (Division III) Division V: Environmental, Critical Areas, and SEPA 15.09 SEPA Page 3 of 4 Draft Date: July 7, 2023  Section Action Notes 15.10 TBD Sections reference RCW/ WACs (SEPA) flow chart 15.10 Critical Areas Preservation 15.11.01 Purpose and Application 15.11.02 Applicability 15.11.03 Procedures 15.11.04 Critical Aquifer Recharge Area 15.10.05 Fish and Wildlife Habitat and Conversation Areas 15.11.06 Frequently Flooded Areas 15.11.07 Geologically Hazardous Areas 15.11.08 Wetlands 15.11.09 Nonconforming Uses/ Structures 15.11.10 Appeals 15.11.11 Shoreline Management FINAL COMBINED Division V Maintain BAS; organize content from existing code into more understandable language Division VI: Definitions, Word Usage, and Measurements 15.12 Definitions, Word Usage, and Measurements Section Action Notes 15.12.01 Purpose and Application 15.12.02 Definitions 15.12.03 Word Usage 15.12.02 Measurements FINAL COMBINED DIVISION VI Draft in progress – integrating new definitions as we go through each title Page 4 of 4 Draft Date: July 7, 2023  NOTICE OF DECISION TAKEN ON SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT PLN2022-0076 Applicant: Chad & Melanie Strevy - 509 Astro Loop, Moses Lake, WA Project Description: Chad & Melanie Strevy applied for a Shoreline Substantial Development permit to install a retaining wall that measures approximately 80 lineal feet, 6” wide, and about 4’-6’ tall. Legal Description/Location: The subject property is located at 509 Astro Loop and described as Lot 14, Block 3 of the Westlake Shores Phase III Subdivision. Shoreline Master Program: The City of Moses Lake Shoreline Master Program classifies this environment of the Moses Lake shoreline as Residential Resource. The purpose of this designation is to retain ecological functions and have the potential for development that is compatible with ecological protection and restoration. The regulations currently support or are planned for shoreline residential uses. Washington Administrative Code (WAC) The Shoreline Management Act is implemented through WAC 173-26 and 173-27 which regulates development within 200 feet of the shoreline’s Ordinary High-Water Mark (OHWM). Washington’s Shoreline Management Act (Act) was passed by the State Legislature in 1971 and adopted by voters in 1972. The overarching goal of the Act is "to prevent the inherent harm in an uncoordinated and piecemeal development of the state’s shorelines." WAC 173-27-150 establishes minimum review criteria for Shoreline Substantial Development Permits (SSDP). These criteria state that an SSDP shall be granted only when the proposed development is consistent with: • The policies and procedures of the Act. • The applicable master program adopted or approved for the area. Environmental Review – State Environmental Policy Act: The City of Moses Lake issued a Determination of Non-Significance on June 8, 2023, per WAC 197-11-355. PLN2022-0076 Strevy Retaining Wall is hereby APPROVED based on the findings of fact and the following conditions: FINDINGS of FACT 1. The applicants are Chad & Melanie Strevy 509 Astor Loop NE., Moses Lake, WA 98837 2. General Description: The sand will be removed from the area where the project will take place which is 25’ from the shoreline. Sand will be dug out with a mini excavator. Upon completion of Strevy Retaining Wall - Notice of Action Page 1 of 4  the dig, the footings will be formed. A concrete pump to pump the concrete from Astor Loop NE to the footing will be used. Wall forms will be placed, and concrete poured. All construction debris will be removed. The retaining wall will be built according to plans that were engineered for this area. 3. The subject property is located at 509 Astor Loop and described as Lot 14, Block 3 of the West Lake Shores PH III Major Subdivision. The property is further described as being located within Section 32, Township 19N, Range 28E, Moses Lake, Grant County, Washington. 4. The Comprehensive Plan Designation is Residential zoning district. 5. The subject property is R-1 low density. 6. The property is designated as “Shoreline Residential Resource” by the City of Moses Lake Shoreline Master Program. 7. WAC 173-27-150 establishes minimum review criteria for Shoreline Management Substantial Development Permits. This criteria states that a substantial development permit shall be granted only when the development proposed is consistent with the policies and procedures of the Act; the provisions of this regulation; and the applicable master program adopted or approved for the area. 8. The applicant submitted a Geologically Hazardous Areas Report dated October 21, 2022, prepared by Julio Gonzalez with Western Pacific Engineering. “This study shows that the area of interest for construction has a four-foot (4’) drop within the property with an approximate slope of two to one. Pursuant to MLMC 19.03.160 Geologically Hazardous Areas, the property could have a potential geologic hazard. This hazard could be due to the property being near a body of water or an area with high risk of erosion.”. 9. The region includes soil that is conducive to erosion and destabilization. 10. The erosion is not being caused by upland conditions, such as drainage and the loss of vegetation. 11. Non-structural measures (such as placing the use farther from the shoreline), vegetative methods, or installing on-site drainage improvements, are not feasible or not sufficient. 12. The stabilization will not cause significant ecological impacts to any species or habitat. 13. MLMC Title 20, Development Review Process, regulates the permit review process. Relevant findings and conclusions from Section 20.09.020 that must be made are as follows: A. The development is consistent with the Comprehensive Plan and meets the requirements and intent of the Municipal Code. Page 2 of 4  B. The development adequately mitigates impacts identified under Chapters 14 through 19. C. The development is beneficial to the public health, safety, and welfare, and is in the public interest. D. The area, location and features of land proposed is are a direct result of the development proposal, are reasonably needed to mitigate the effects of the development and are proportional to the impacts created by the development. 14. Comments from reviewing agencies have been considered and incorporated. 15. The City of Moses Lake circulated an Optional Determination of Non-significance (DNS) on December 23, 2022, with comments due on January 6, 2023 in accordance with WAC 197-11- 355 (Optional DNS). The DNS was issued on June 8, 2023. 16. Surrounding property owners were given the opportunity to comment on the proposals, can request a copy of the decision, and can appeal the decision subject to the requirements outlined in MLMC Title 18. No comments were received. 17. Proper legal requirements were met, and surrounding property owners were given the opportunity to comment on the proposal at a public hearing. 18. WAC 173-27-090 requires that construction must be commenced within 2 years of the effective date of the shoreline permit and that authorization for construction shall terminate 5 years after the effective date of the shoreline permit. 19. As conditioned, the development will not adversely affect the general public, health, safety, and general welfare. CONCLUSTIONS: 1. As conditioned, the development meets the goals, policies and implementation recommendations as set forth in the Moses Lake Comprehensive Plan and the Moses Lake Shoreline Master Program. 2. As conditioned, this proposal is consistent with applicable federal and state laws and regulations. As proposed, revised, and conditioned, potential impacts of the project can be mitigated. 3. Public interests will be served by approval of this proposal. 4. As conditioned, the proposal is consistent with Title 14 “Environment Regulations” and Title 18 “Zoning” of the MLMC, and the Shoreline Master Program. 5. The development is consistent with the Comprehensive Plan and meets the requirements and intent of the Municipal Code. Page 3 of 4  6. The development adequately mitigates impacts identified under Chapters 14 through 19. 7. The development is beneficial to the public health, safety, and welfare, and is in the public interest. CONDITIONS OF APPROVAL: 1. The project shall proceed in substantial conformance with the plans and application materials of file submitted on October 28, 2022, except as amended by the conditions herein. 2. The applicant shall comply with all applicable local, state, and federal regulations. 3. The applicant shall comply with the recommendations within the Geologically Hazardous Areas Report dated October 21, 2022, prepared by Julio Gonzalez with Western Pacific Engineering and the referenced wall engineering. 4. A copy of this permit and attached conditions shall always be kept on-site and provided to the contractor and all others working within the shoreline area. The applicant, contractor, machinery operators and all others working within the shoreline area shall have read this permit and attached conditions and shall always follow its conditions. 5. Erosion control fencing shall be installed prior to removal of the fill and remain in place and be maintained until the installed vegetation has taken hold to protect the buffer from erosion and siltation. 6. The project application shall proceed consistent with proposed project details dated on October 28, 2022. Date: July 7, 2023 Nathan Nofziger, Planning Commission Chair Appeals to the Shoreline Hearings Board of a decision on a shoreline substantial development permit, shoreline variance, shoreline conditional use permit, or a decision on an appeal of an administrative action, may be filed by the applicant or any aggrieved party pursuant to RCW 90.58.180 within twenty-one (21) days of filing the final decision by the city or county with the Department of Ecology. Page 4 of 4