On the agenda: Moses Lake meeting — data center (Feb 17)
Past ⚠ Agenda Watch Moses Lake, Washington · Tuesday, February 17, 2026 — 7 months ago
About this record
The published agenda for this February 17 meeting contains: "data center", "Data Center". The meeting has passed; the record and its outcome live here permanently.
Check the agenda document for the meeting time.
The agenda, word for word
Government public record — the full text of the published document, archived August 28, 2026. Gold highlighting of key terms is ours, not the original’s. Read the original document ↗
Moses Lake City Council
Dustin Swartz, Mayor | Don Myers, Deputy Mayor | Mark Fancher, Council Member | Joel Graves, Council Member
David Skaug, Council Member | Victor Lombardi, Council Member | Jeremy Davis, Council Member
Special Meeting Agenda
Moses Lake Civic Center – 401 S. Balsam
Tuesday, February 17, 2026
Call to Order – 6 p.m.
Study Session
#1
Water Rates Study Workshop w/FCS Group
pg 2
#2
Western Avenue Vacate Ordinance Discussion
pg 17
Joint Workshop with Planning Commission
pg 31
#3
2025 Development Code Amendments Group 2, 3, 4
Presented by Senior Planner Nathan Pate
#4
2026 Comprehensive Plan and Development Regulations Amendment Docket
Presented by Planning Manager Vivian Ramsey and
Building Official/Fire Marshall Chris Horton
pg 99
Adjournment
Next Regular Council Meeting is scheduled for February 24, 2026
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.
COML Special Meeting 2-17-26, Page 1 of 103
2/12/2026
Utility Rate Study Findings - Water
Angie Sanchez Virnoche, Principal
Chase Bozett, Assistant Project Manager
February 17, 2026
Slide 1
1
Introduction / Background
● Previous Water/Sewer rate study in 2020-2021
● Current Study: Comprehensive Water/Sewer Rate Study 2024-Present
» July 22nd 2025 presentations focus: Sewer Utility
» October 22nd 2025 presentation: Initial Water Findings and Recommendations
» Today’s focus: Updated Water Utility Findings and Recommendations
– Updated capital plan
– Rate design alternatives to address cost of service and support the new capital plan
Slide 2
2
COML Special Meeting 2-17-26, Page 2 of 103
1
2/12/2026
Introduction to Utility Rate Making
● Utility rates are set to recover cost of providing service
» All utilities are self-supporting
Hypothetical Example
● Operating costs (regular / ongoing)
»
»
»
»
»
»
Employee salaries and benefits
Supplies and materials
Routine inspections and maintenance
Fleet replacement contributions
Interfund charges for services
Taxes
● Capital costs
» Infrastructure replacement
» Facility upgrades
Year 1
Year 2
Year 3
Year 4
Operating
Capital
Year 5
Slide 3
3
Rate Setting Process
Step 1:
Revenue Requirement
(defining overall needs)
Revenue
Economic
Factors
O&M
Capital
Reserves
Step 2:
Cost of Service
Define Customer Classes
(equity evaluation)
Allocate Costs by
System Function
Step 3:
Design Rates
Fixed Charges
Variable Charges
(collect target revenue)
Slide 4
4
COML Special Meeting 2-17-26, Page 3 of 103
2
2/12/2026
Study Data and Assumptions
Forecast Basis
Reserve Targets
Customer Growth
Annual Fee Revenue
Study Period: 2025-2034
90 days of OpEx + 1% of Assets
2.40% Growth Rate
Monthly rates
Water: $2.3m in 2025
Approx. 350 household/yr.
Water: $9.3m in 2025
Operating Expense Costs
Expense Inflation
Existing Debt Service
Capital Plan
Based on 2024 & 2025 budgets
Informed by staff input
Staffing increases with growth
3.0-5.0% inflationary factors
2015 GO Bond ($80k)
Water: 50% of the debt
Updated Scenario since last
presentation
Water: 4.2% annual average
Slide 5
5
Overall Revenue Needs
Slide 6
6
COML Special Meeting 2-17-26, Page 4 of 103
3
2/12/2026
Millions
Water Operating Forecast
2026-2034 average
operating capacity of $3.2m
Available for cash funding
capital or debt service from
financing capital
$12
$10
$8
$6
$4
$2
$2025
2026
2027
2028
Cash Operating Expenses
2029
2030
2031
Existing Debt Service
2032
2033
Revenues @ 2025 Rates
2034
Slide 7
7
Millions
Capital Improvement Plan Comparisons
$45
$40
$35
$30
$25
Original CIP: $136.1 million
Based on Water System Plan
Presented in October
Resulted in 5% overall annual increase recommendations
Adopted CIP + Large Scale Surface Treatment+ New Source Infrastructure: $97.0 million
Based on City adopted 2026-2031 capital plan
+ large scale surface treatment from the Water System Plan (2030-2034)
+ new source infrastructure projects (2027-2028)
$20
$15
$10
$5
$2025
2026
2027
2028
2029
2030
Original CIP*
Updated CIP
* Original CIP excludes costs of developer funded projects identified
2031
2032
2033
2034
Slide 8
8
COML Special Meeting 2-17-26, Page 5 of 103
4
2/12/2026
Millions
Original Rate Plan Considerations
$45
Key Assumptions:
Original CIP $136.1M
Assumes $12.5m debt in 2027
Assumes $76.0m in debt in 2033
$40
$35
Proposed 5% annual rate increases
maintain policy minimum targets
through all years of the forecast
Ending Fund Balance
$30
$25
5% Annually
4% annual rate increases falls below
minimum in 2031 and negative in
2034
$20
4% Annually
3% Annually
Minimum Target
3% annual rate increases fall below
minimum in 2027-2030 and 2032,
negative in 2031 and 2034
$15
$10
$5
$2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
Slide 9
9
Millions
Updated Capital Plan Rate Scenario
$35
$30
Key Assumptions:
Adjusted CIP $97.0M
$2.0m in federal appropriation in 2027
$11.0m debt issuance in 2027
- Funds capital projects in 2027-2028
$40.0m debt issuance in 2033
- Funds capital projects in 2033-2034
Ending Fund Balance
$25
$20
3% Annual Increases
Minimum Target
$15
$10
$5
$2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
Slide 10
10
COML Special Meeting 2-17-26, Page 6 of 103
5
2/12/2026
Cost of Service and Rate Design
Slide 11
11
2025 Water Rate Schedule (Inside City)
Single Family
Duplex
Non-Residential
Meter Size
Monthly Rate
Meter Size
Monthly Rate
Meter Size
Monthly Rate
3/4”
$26.07
3/4”
$52.15
3/4”
$41.33
1”
$28.93
1”
$57.86
1”
$45.88
1.5”
$37.56
1.5”
$75.12
1.5”
$59.55
2”
$80.76
2”
$161.52
2”
$128.02
Rate per
100 cf
$219.25
Usage
Rate per
100 cf
3”
Usage
4”
$356.18
0-1,000 cf
$0.49
0-2,000 cf
$0.49
6”
$493.04
8”
$858.14
Class
Rate per
100 cf
Multi-Family
$0.98
Comm./Ind.
$1.18
Irrigation
*See SF Tiers*
1,000-5,000 cf
$1.47
2,000-6,000 cf
$1.47
5,000-10,000 cf
$2.92
Over 6,000 cf
$2.92
Over 10,000 cf
$3.94
2026 Initial Rate Action
● 2.7% increase to all
rates and charges
● Duplex meter rates
aligned with Single
Family
»
Based on work to
address Duplex Cost of
Service Findings
Slide 12
12
COML Special Meeting 2-17-26, Page 7 of 103
6
2/12/2026
2025 Cost of Service Results (Revenue ÷ COS Findings)
● ±10% is considered within cost of service
250%
● Single Family under-collecting
»
200%
Result of expanding rate tiers since the 2021
study period. More usage charged at a lower
rate
● Duplex over-collecting
150%
»
Charged 2x base rate of Single Family
–
100%
Initial 2026 rate adjustment worked to
address this
● Irrigation collecting approximately twice
the cost to serve those customers
50%
»
0%
Single Family
Duplex
Multi-Family Comm/Ind
Irrigation
Majority of irrigation water use charged at
the highest rate tier
● Rate design proposals will work to
align cost of service between classes
Slide 13
13
Rate Design Options
● Option 1: Across the Board increases
» 3% increases to City’s rate schedule from 2026-2034
» Does not address equity between customer classes
● Option 2: New Expanded Three Tier Irrigation Usage Rates
» Develop and price new irrigation usage tiers to achieve cost of service
» Adjust other classes to adequately fund the capital plan
–
–
–
Single Family and Duplex meter and usage: 4.5% from 2026-2029, 3.5% from 2030-2034
Non-residential meter: no charge through forecast
Non-residential usage: 6.5% from 2026-2029, 5.5% from 2030-2034
● Option 3: New Expanded Three Tier Irrigation Usage Rates – Modified Pricing
» Develop and price new irrigation usage tiers to work towards cost of service
» Adjust other classes to adequately fund the capital plan
–
–
–
Single Family and Duplex meter and usage: 4.0% from 2026-2029, 3.5% from 2030-2034
Non-residential meter: no charge through forecast
Non-residential usage: 6.0% from 2026-2029, 5.5% from 2030-2034
Slide 14
14
COML Special Meeting 2-17-26, Page 8 of 103
7
2/12/2026
2026 Irrigation Tiers by Scenario
Option 1
Option 2
Option 3
Tier 1: 0 – 1,000 cf
$0.50 per 100 cf
Captures 0.4% of usage
Tier 1: 0 – 100,000 cf
$1.60 per 100 cf
Captures 70.2% of usage
Tier 1: 0 – 100,000 cf
$1.75 per 100 cf
Captures 70.2% of usage
Tier 2: 1,000 – 5,000 cf
$1.51 per 100 cf
Captures 4.1% of usage
Tier 2: 100,000– 300,000 cf
$2.50 per 100 cf
Captures 20.9% of usage
Tier 2: 100,000– 300,000 cf
$2.75 per 100 cf
Captures 20.9% of usage
Tier 3: 5,000 – 10,000 cf
$3.01 per 100 cf
Captures 7.2% of usage
Tier 3: Over 300,000 cf
$4.50 per 100 cf
Captures 8.9% of usage
Tier 3: Over 300,000 cf
$4.80 per 100 cf
Captures 8.9% of usage
Tier 4: over 10,000 cf
$4.06 per 100 cf
Captures 88.3% of usage
$640k loss in revenue
compared to Option 1
$570k loss in revenue
compared to Option 1
Slide 15
15
Millions
Comparison of Rate Design Scenarios
$35
$30
$25
Ending Fund Balance
All scenarios designed to maintain minimum
target balance throughout the forecast
$20
Funding Assumptions
Option 1
Option 2
Option 3
2027 Federal Appropriation
$2.0m
$2.0m
$2.0m
2027 Debt Issuance
$11.0m
$12.5m
$12.5m
2033 Debt Issuance
$40.0m
$42.0m
$43.0m
$15
$10
$5
$2025
2026
2027
Option 1
2028
Option 2
2029
2030
Option 3
2031
Minimum Target
2032
2033
2034
Slide 16
16
COML Special Meeting 2-17-26, Page 9 of 103
8
2/12/2026
2034 Forecasted Cost of Service Results
200%
180%
Option 1: Irrigation supporting Single Family, Duplex, and Multi-Family
160%
Option 2: All classes within Cost of Service thresholds
140%
Option 3: Irrigation supports slight underpayment of Single Family, Duplex, and Multi-Family
120%
100%
80%
60%
40%
20%
0%
Single Family
Duplex
Multi-Family
Comm/Ind
Irrigation
Slide 17
17
Sample Bills
Slide 18
18
COML Special Meeting 2-17-26, Page 10 of 103
9
2/12/2026
2026 Sample Single Family Bill
Usage (cf)
% of Readings
at or Below
Option 1:
3.0% Increase
Option 2:
4.5% Increase
Option 3:
4.0% Increase
0
2.5%
$26.85
$27.24
$27.11
500
32.7%
$29.35
$29.79
$29.66
1,000
55.5%
$31.85
$32.34
$32.21
1,500
66.4%
$39.40
$40.04
$39.86
2,000
73.7%
$46.95
$47.74
$47.51
3,000
84.1%
$62.05
$63.14
$62.81
4,000
90.9%
$77.15
$78.54
$78.11
5,000
94.9%
$92.25
$93.94
$93.41
6,000
97.2%
$122.35
$124.44
$123.81
8,000
99.0%
$182.55
$185.44
$184.61
10,000
99.6%
$242.75
$246.44
$245.41
99.9%
$445.75
$452.44
$450.41
15,000
Winter Usage
Difference from Option 1:
Option 2: $0.49
Option 3: $0.36
Summer Usage
Difference from Option 1:
Option 2: $1.39
Option 3: $0.96
Slide 19
Assumes ¾” meter for the fixed charge based on typical Single Family meter size
19
2034 Sample Single Family Bill
Usage (cf)
Winter Usage
Difference from Option 1:
Option 2: $2.77
Option 3: $2.06
Summer Usage
Difference from Option 1:
Option 2: $7.57
Option 3: $5.36
% of Readings
at or Below
Option 1:
3.0% Increase
Option 2:
4.5% & 3.5%
Increases
Option 3:
4.0% and 3.5%
Increases
0
2.5%
$33.02
$35.69
$34.98
500
32.7%
$36.22
$38.94
$38.23
1,000
55.5%
$39.42
$42.19
$41.48
1,500
66.4%
$48.72
$52.29
$51.33
2,000
73.7%
$58.02
$62.39
$61.18
3,000
84.1%
$76.62
$82.59
$80.88
4,000
90.9%
$95.22
$102.79
$100.58
5,000
94.9%
$113.82
$122.99
$120.28
6,000
97.2%
$150.82
$162.99
$159.48
8,000
99.0%
$224.82
$242.99
$237.88
10,000
99.6%
$298.82
$322.99
$316.28
15,000
99.9%
$548.82
$592.49
$580.78
Assumes ¾” meter for the fixed charge based on typical Single Family meter size
Slide 20
20
COML Special Meeting 2-17-26, Page 11 of 103
10
2/12/2026
2026 Irrigation Usage Sample Bills
Option 1:
ATB Increases
Option 2:
Full COS
Option 3
Move Towards
COS
Difference from Option 1
Usage (cf)
% of Readings
at or Below
5,000
61.19%
$65.40
$80.00
$87.50
$14.60
$22.10
7,500
69.25%
$140.65
$120.00
$131.25
($20.65)
($9.40)
10,000
74.03%
$215.90
$160.00
$175.00
($55.90)
($40.90)
Option 2
Option 3
50,000
94.23%
$1,839.90
$800.00
$875.00
($1,039.90)
($964.90)
100,000
97.98%
$3,869.90
$1,600.00
$1,750.00
($2,269.90)
($2,119.90)
200,000
99.60%
$7,929.90
$4,100.00
$4,500.00
($3,829.90)
($3,429.90)
300,000
99.80%
$11,989.90
$6,600.00
$7,250.00
($5,389.90)
($4,739.90)
400,000
99.84%
$16,049.90
$11,100.00
$12,050.00
($4,949.90)
($3,999.90)
500,000
99.88%
$20,109.90
$15,600.00
$16,850.00
($4,509.90)
($3,259.90)
600,000
99.96%
$24,169.90
$20,100.00
$21,650.00
($4,069.90)
($2,519.90)
700,000
100.00%
$28,229.90
$24,600.00
$26,450.00
($3,629.90)
($1,779.90)
100.00%
$32,289.90
$29,100.00
$31,250.00
($3,189.90)
($1,039.90)
800,000
Sample shows usage only. Options 2 and 3 have slightly lower meter charges than Option 1
Slide 21
21
Summary and Next Steps
Slide 22
22
COML Special Meeting 2-17-26, Page 12 of 103
11
2/12/2026
Summary and Next Steps
● Option 1: Across the Board Increases
»
»
3% annual rate increases to all customer class rates and charges
No further adjustment to address cost of service
● Option 2: New Expanded Three Tier Irrigation Usage Rates
»
»
»
»
»
Update irrigation tiers and pricing to address cost of service; 3% increase thereafter
Single Family and Duplex annual increases of 4.5% and 3.5%
No adjustments to Multi-Family, Commercial/Industrial, Irrigation base rates
Multi-Family and Commercial/Industrial annual increases of 6.5% and 5.5%
By 2034, all customer classes forecasted to be within cost of service
● Option 3: New Expanded Three Tier Irrigation Usage Rates – Modified Pricing
»
»
»
»
»
Update irrigation tiers and pricing to address cost of service; 3% increase thereafter
Single Family and Duplex annual increases of 4.0% and 3.5%
No adjustments to Multi-Family, Commercial/Industrial, Irrigation base rates
Multi-Family and Commercial/Industrial annual increases of 6.0% and 5.5%
By 2034, Irrigation remains slightly above the Cost of Service range
● Adopt updated rate plan for April 1st implementation
»
»
See handouts scenario option rate schedules
All other rate adjustments to start January 1
Slide 23
23
Thank you! Questions?
Angie Sanchez Virnoche, Principal
425.336.4157(direct)
[email protected]
Chase Bozett, Asst. Project Manager
425.615.6235 (direct)
[email protected]
Slide 24
24
COML Special Meeting 2-17-26, Page 13 of 103
12
Single Family and Duplex Rate Schedules
Option 1
2026
2027
2028
2029
2030
2031
2032
2033
2034
Single Family and Duplex Meter Charges
3/4"
$
26.85
1"
$
29.80
1 1/2"
$
38.70
2"
$
83.18
$
$
$
$
27.66
30.69
39.86
85.68
$
$
$
$
28.49
31.61
41.06
88.25
$
$
$
$
29.34
32.56
42.29
90.90
$
$
$
$
30.22
33.54
43.56
93.63
$
$
$
$
31.13
34.55
44.87
96.44
$
$
$
$
32.06
35.59
46.22
99.33
$
$
$
$
33.02
36.66
47.61
102.31
$
$
$
$
34.01
37.76
49.04
105.38
Single Family Usage Rate (per 100 ccf)
Tier 1: 0-1,000 cf
$
0.50
Tier 2: 1,000-5,000 cf
$
1.51
Tier 3: 5,000-10,000 cf
$
3.01
Tier 4: over 10,000 cf
$
4.06
$
$
$
$
0.52
1.56
3.10
4.18
$
$
$
$
0.54
1.61
3.19
4.31
$
$
$
$
0.56
1.66
3.29
4.44
$
$
$
$
0.58
1.71
3.39
4.57
$
$
$
$
0.60
1.76
3.49
4.71
$
$
$
$
0.62
1.81
3.59
4.85
$
$
$
$
0.64
1.86
3.70
5.00
$
$
$
$
0.66
1.92
3.81
5.15
Duplex Usage Rate (per 100 cf)
Tier 1: 0-2,000 cf
Tier 2: 2,000-6,000 cf
Tier 3: over 6,000 cf
$
$
$
0.52
1.56
3.10
$
$
$
0.54
1.61
3.19
$
$
$
0.56
1.66
3.29
$
$
$
0.58
1.71
3.39
$
$
$
0.60
1.76
3.49
$
$
$
0.62
1.81
3.59
$
$
$
0.64
1.86
3.70
$
$
$
0.66
1.92
3.81
$
$
$
Option 2
0.50
1.51
3.01
2026
2027
2028
2029
2030
2031
2032
2033
2034
Single Family and Duplex Meter Charges
3/4"
$
27.24
1"
$
30.23
1 1/2"
$
39.26
2"
$
84.39
$
$
$
$
28.47
31.59
41.03
88.19
$
$
$
$
29.75
33.01
42.88
92.16
$
$
$
$
31.09
34.50
44.81
96.31
$
$
$
$
32.18
35.71
46.38
99.68
$
$
$
$
33.31
36.96
48.00
103.17
$
$
$
$
34.48
38.25
49.68
106.78
$
$
$
$
35.69
39.59
51.42
110.52
$
$
$
$
36.94
40.98
53.22
114.39
Single Family Usage Rate (per 100 ccf)
Tier 1: 0-1,000 cf
$
0.51
Tier 2: 1,000-5,000 cf
$
1.54
Tier 3: 5,000-10,000 cf
$
3.05
Tier 4: over 10,000 cf
$
4.12
$
$
$
$
0.53
1.61
3.19
4.31
$
$
$
$
0.55
1.68
3.33
4.50
$
$
$
$
0.57
1.76
3.48
4.70
$
$
$
$
0.59
1.82
3.60
4.86
$
$
$
$
0.61
1.88
3.73
5.03
$
$
$
$
0.63
1.95
3.86
5.21
$
$
$
$
0.65
2.02
4.00
5.39
$
$
$
$
0.67
2.09
4.14
5.58
Duplex Usage Rate (per 100 cf)
Tier 1: 0-2,000 cf
Tier 2: 2,000-6,000 cf
Tier 3: over 6,000 cf
$
$
$
0.53
1.61
3.19
$
$
$
0.55
1.68
3.33
$
$
$
0.57
1.76
3.48
$
$
$
0.59
1.82
3.60
$
$
$
0.61
1.88
3.73
$
$
$
0.63
1.95
3.86
$
$
$
0.65
2.02
4.00
$
$
$
0.67
2.09
4.14
$
$
$
Option 3
0.51
1.54
3.05
2026
2027
2028
2029
2030
2031
2032
2033
2034
Single Family and Duplex Meter Charges
3/4"
$
27.11
1"
$
30.09
1 1/2"
$
39.07
2"
$
83.99
$
$
$
$
28.19
31.29
40.63
87.35
$
$
$
$
29.32
32.54
42.26
90.84
$
$
$
$
30.49
33.84
43.95
94.47
$
$
$
$
31.56
35.02
45.49
97.78
$
$
$
$
32.66
36.25
47.08
101.20
$
$
$
$
33.80
37.52
48.73
104.74
$
$
$
$
34.98
38.83
50.44
108.41
$
$
$
$
36.20
40.19
52.21
112.20
Single Family Usage Rate (per 100 ccf)
Tier 1: 0-1,000 cf
$
0.51
Tier 2: 1,000-5,000 cf
$
1.53
Tier 3: 5,000-10,000 cf
$
3.04
Tier 4: over 10,000 cf
$
4.10
$
$
$
$
0.53
1.59
3.16
4.26
$
$
$
$
0.55
1.65
3.29
4.43
$
$
$
$
0.57
1.72
3.42
4.61
$
$
$
$
0.59
1.78
3.54
4.77
$
$
$
$
0.61
1.84
3.66
4.94
$
$
$
$
0.63
1.90
3.79
5.11
$
$
$
$
0.65
1.97
3.92
5.29
$
$
$
$
0.67
2.04
4.06
5.48
Duplex Usage Rate (per 100 cf)
Tier 1: 0-2,000 cf
Tier 2: 2,000-6,000 cf
Tier 3: over 6,000 cf
$
$
$
0.53
1.59
3.16
$
$
$
0.55
1.65
3.29
$
$
$
0.57
1.72
3.42
$
$
$
0.59
1.78
3.54
$
$
$
0.61
1.84
3.66
$
$
$
0.63
1.90
3.79
$
$
$
0.65
1.97
3.92
$
$
$
0.67
2.04
4.06
$
$
$
0.51
1.53
3.04
COML Special Meeting 2-17-26, Page 14 of 103
Multi-Family and Commercial/Industrial Rate Schedules
Option 1
2026
2027
2028
2029
2030
Mult-Family and Commercial/Industrial Meter Charges
3/4"
$
42.57 $
43.85
1"
$
47.26 $
48.68
1 1/2"
$
61.34 $
63.18
2"
$ 131.86 $ 135.82
3"
$ 225.83 $ 232.60
4"
$ 366.87 $ 377.88
6"
$ 507.83 $ 523.06
8"
$ 883.88 $ 910.40
$
$
$
$
$
$
$
$
45.17
50.14
65.08
139.89
239.58
389.22
538.75
937.71
$
$
$
$
$
$
$
$
46.53
51.64
67.03
144.09
246.77
400.90
554.91
965.84
$
$
$
$
$
$
$
$
47.93
53.19
69.04
148.41
254.17
412.93
571.56
994.82
Usage Rate (per 100 cf)
Multi-Family
Commercial
$
$
1.07
1.30
$
$
1.10
1.34
$
$
1.13
1.38
$
$
Option 2
1.01
1.22
$
$
2026
1.04
1.26
2027
2028
2029
2031
2032
2033
2034
$
49.37
$
54.79
$
71.11
$ 152.86
$ 261.80
$ 425.32
$ 588.71
$ 1,024.66
$
50.85
$
56.43
$
73.24
$ 157.45
$ 269.65
$ 438.08
$ 606.37
$ 1,055.40
$
52.38
$
58.12
$
75.44
$ 162.17
$ 277.74
$ 451.22
$ 624.56
$ 1,087.06
$
53.95
$
59.86
$
77.70
$ 167.04
$ 286.07
$ 464.76
$ 643.30
$ 1,119.67
$
$
$
$
$
$
$
$
2030
1.16
1.42
2031
1.19
1.46
2032
1.23
1.50
2033
1.27
1.55
2034
Mult-Family and Commercial/Industrial Meter Charges
3/4"
$
41.33 $
41.33
1"
$
45.88 $
45.88
1 1/2"
$
59.55 $
59.55
2"
$ 128.02 $ 128.02
3"
$ 219.25 $ 219.25
4"
$ 356.18 $ 356.18
6"
$ 493.04 $ 493.04
8"
$ 858.14 $ 858.14
$
$
$
$
$
$
$
$
41.33
45.88
59.55
128.02
219.25
356.18
493.04
858.14
$
$
$
$
$
$
$
$
41.33
45.88
59.55
128.02
219.25
356.18
493.04
858.14
$
$
$
$
$
$
$
$
41.33
45.88
59.55
128.02
219.25
356.18
493.04
858.14
$
$
$
$
$
$
$
$
41.33
45.88
59.55
128.02
219.25
356.18
493.04
858.14
$
$
$
$
$
$
$
$
41.33
45.88
59.55
128.02
219.25
356.18
493.04
858.14
$
$
$
$
$
$
$
$
41.33
45.88
59.55
128.02
219.25
356.18
493.04
858.14
$
$
$
$
$
$
$
$
41.33
45.88
59.55
128.02
219.25
356.18
493.04
858.14
Usage Rate (per 100 cf)
Multi-Family
Commercial
$
$
1.18
1.43
$
$
1.26
1.52
$
$
1.33
1.60
$
$
1.40
1.69
$
$
1.48
1.78
$
$
1.56
1.88
$
$
1.65
1.98
$
$
Option 3
1.04
1.26
$
$
2026
1.11
1.34
2027
2028
2029
2030
2031
2032
2033
2034
Mult-Family and Commercial/Industrial Meter Charges
3/4"
$
41.33 $
41.33
1"
$
45.88 $
45.88
1 1/2"
$
59.55 $
59.55
2"
$ 128.02 $ 128.02
3"
$ 219.25 $ 219.25
4"
$ 356.18 $ 356.18
6"
$ 493.04 $ 493.04
8"
$ 858.14 $ 858.14
$
$
$
$
$
$
$
$
41.33
45.88
59.55
128.02
219.25
356.18
493.04
858.14
$
$
$
$
$
$
$
$
41.33
45.88
59.55
128.02
219.25
356.18
493.04
858.14
$
$
$
$
$
$
$
$
41.33
45.88
59.55
128.02
219.25
356.18
493.04
858.14
$
$
$
$
$
$
$
$
41.33
45.88
59.55
128.02
219.25
356.18
493.04
858.14
$
$
$
$
$
$
$
$
41.33
45.88
59.55
128.02
219.25
356.18
493.04
858.14
$
$
$
$
$
$
$
$
41.33
45.88
59.55
128.02
219.25
356.18
493.04
858.14
$
$
$
$
$
$
$
$
41.33
45.88
59.55
128.02
219.25
356.18
493.04
858.14
Usage Rate (per 100 cf)
Multi-Family
Commercial
$
$
1.17
1.41
$
$
1.24
1.49
$
$
1.31
1.57
$
$
1.38
1.66
$
$
1.46
1.75
$
$
1.54
1.85
$
$
1.62
1.95
$
$
1.04
1.25
$
$
1.10
1.33
COML Special Meeting 2-17-26, Page 15 of 103
Irrigation Rate Schedules
Option 1
2026
2027
2028
2029
2030
Irrigation Meter Charges
3/4"
1"
1 1/2"
2"
3"
4"
6"
8"
$
$
$
$
$
$
$
$
42.57
47.26
61.34
131.86
225.83
366.87
507.83
883.88
$
$
$
$
$
$
$
$
43.85
48.68
63.18
135.82
232.60
377.88
523.06
910.40
$
$
$
$
$
$
$
$
45.17
50.14
65.08
139.89
239.58
389.22
538.75
937.71
$
$
$
$
$
$
$
$
46.53
51.64
67.03
144.09
246.77
400.90
554.91
965.84
$
$
$
$
$
$
$
$
47.93
53.19
69.04
148.41
254.17
412.93
571.56
994.82
Usage Rate (per 100 cf)
Tier 1: 0-1,000 cf
Tier 2: 1,000-5,000 cf
Tier 3: 5,000-10,000 cf
Tier 4: over 10,000 cf
$
$
$
$
0.50
1.51
3.01
4.06
$
$
$
$
0.52
1.56
3.10
4.18
$
$
$
$
0.54
1.61
3.19
4.31
$
$
$
$
0.56
1.66
3.29
4.44
$
$
$
$
0.58
1.71
3.39
4.57
Option 2
2026
2027
2028
2029
2031
2032
2033
2034
$
49.37
$
54.79
$
71.11
$ 152.86
$ 261.80
$ 425.32
$ 588.71
$ 1,024.66
$
50.85
$
56.43
$
73.24
$ 157.45
$ 269.65
$ 438.08
$ 606.37
$ 1,055.40
$
52.38
$
58.12
$
75.44
$ 162.17
$ 277.74
$ 451.22
$ 624.56
$ 1,087.06
$
53.95
$
59.86
$
77.70
$ 167.04
$ 286.07
$ 464.76
$ 643.30
$ 1,119.67
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
2030
0.60
1.76
3.49
4.71
2031
0.62
1.81
3.59
4.85
2032
0.64
1.86
3.70
5.00
2033
0.66
1.92
3.81
5.15
2034
Irrigation Meter Charges
3/4"
1"
1 1/2"
2"
3"
4"
6"
8"
$
$
$
$
$
$
$
$
41.33
45.88
59.55
128.02
219.25
356.18
493.04
858.14
$
$
$
$
$
$
$
$
41.33
45.88
59.55
128.02
219.25
356.18
493.04
858.14
$
$
$
$
$
$
$
$
41.33
45.88
59.55
128.02
219.25
356.18
493.04
858.14
$
$
$
$
$
$
$
$
41.33
45.88
59.55
128.02
219.25
356.18
493.04
858.14
$
$
$
$
$
$
$
$
41.33
45.88
59.55
128.02
219.25
356.18
493.04
858.14
$
$
$
$
$
$
$
$
41.33
45.88
59.55
128.02
219.25
356.18
493.04
858.14
$
$
$
$
$
$
$
$
41.33
45.88
59.55
128.02
219.25
356.18
493.04
858.14
$
$
$
$
$
$
$
$
41.33
45.88
59.55
128.02
219.25
356.18
493.04
858.14
$
$
$
$
$
$
$
$
41.33
45.88
59.55
128.02
219.25
356.18
493.04
858.14
Usage Rate (per 100 cf)
Tier 1: 0-100,000 cf
Tier 2: 100,000-300,000 cf
Tier 4: over 300,000 cf
$
$
$
1.60
2.50
4.50
$
$
$
1.65
2.58
4.64
$
$
$
1.70
2.65
4.77
$
$
$
1.75
2.73
4.92
$
$
$
1.80
2.81
5.06
$
$
$
1.85
2.90
5.22
$
$
$
1.91
2.99
5.37
$
$
$
1.97
3.07
5.53
$
$
$
2.03
3.17
5.70
Option 3
2026
2027
2028
2029
2030
2031
2032
2033
2034
Irrigation Meter Charges
3/4"
1"
1 1/2"
2"
3"
4"
6"
8"
$
$
$
$
$
$
$
$
41.33
45.88
59.55
128.02
219.25
356.18
493.04
858.14
$
$
$
$
$
$
$
$
41.33
45.88
59.55
128.02
219.25
356.18
493.04
858.14
$
$
$
$
$
$
$
$
41.33
45.88
59.55
128.02
219.25
356.18
493.04
858.14
$
$
$
$
$
$
$
$
41.33
45.88
59.55
128.02
219.25
356.18
493.04
858.14
$
$
$
$
$
$
$
$
41.33
45.88
59.55
128.02
219.25
356.18
493.04
858.14
$
$
$
$
$
$
$
$
41.33
45.88
59.55
128.02
219.25
356.18
493.04
858.14
$
$
$
$
$
$
$
$
41.33
45.88
59.55
128.02
219.25
356.18
493.04
858.14
$
$
$
$
$
$
$
$
41.33
45.88
59.55
128.02
219.25
356.18
493.04
858.14
$
$
$
$
$
$
$
$
41.33
45.88
59.55
128.02
219.25
356.18
493.04
858.14
Usage Rate (per 100 cf)
Tier 1: 0-100,000 cf
Tier 2: 100,000-300,000 cf
Tier 4: over 300,000 cf
$
$
$
1.75
2.75
4.80
$
$
$
1.80
2.83
4.94
$
$
$
1.86
2.92
5.09
$
$
$
1.91
3.00
5.25
$
$
$
1.97
3.10
5.40
$
$
$
2.03
3.19
5.56
$
$
$
2.09
3.28
5.73
$
$
$
2.15
3.38
5.90
$
$
$
2.22
3.48
6.08
COML Special Meeting 2-17-26, Page 16 of 103
Feb 17 Draft Document order: Vacate Ordinance, Ord Exh B bill of sale, and Ord Exh C
Easement with Exh A, Exh B
ORDINANCE NO. XXXX
AN ORDINANCE VACATING A PORTION OF WESTERN AVENUE LYING
SOUTHEASTERLY OF A LINE RUNNING PARALLEL AND 50 FEET
SOUTHEASTERLY FROM THE EASTERLY MOST RIGHT OF WAY
BOUNDARY LINE OF BROADWAY AVENUE, AS DEPICTED ON THE
COOPER HOMES SHORT PLAT, FOUND IN BOOK 6 OF SHORT PLATS,
PAGES 80-81, RECORDED UNDER GRANT COUNTY AUDITOR’S FILE
NO. 960529005, IN THE CITY OF MOSES LAKE, WASHINGTON
Recitals:
1. The City of Moses Lake has received a petition requesting the vacation of right-of-way
known as Western Avenue from petitioner, Howard Homesley, on behalf of Homesley
Properties, LLC who has standing to seek a street vacation in accordance with the
provisions of MLMC Chapter 12.44 and RCW 35.79.
2. The City Council adopted Resolution 4010 initiating the process for vacating the abovedescribed right of way and setting a public hearing to consider the petition, on June 24,
2025, at 6:30 pm, in the Council Chambers.
3. Notice of hearing on the petition for vacation was posted in accordance with the notification
requirements set forth in RCW 35.79.020.
4. A public hearing was held pursuant to legal notice by the Moses Lake City Council on June
24, 2025, and continued to July 8, 2025, concerning matters of the vacation.
5. Following a hearing, the City Council finds and determines the following: 1) It is in the
public interest to vacate the street or right-of-way; 2) The street or right-of-way is no longer
required for public use or access; and 3) An alternative public way or private access would
be more useful to the public and adjacent landowners.
6. The Moses Lake City Council finds it is in the public interest to approve the petition to
vacate on the conditions set forth below.
NOW, THEREFORE, the City Council of the City of Moses Lake do ordain as follows:
Section 1. Findings. The City Council makes the following findings of fact:
(1) the City Department of Public Works has reviewed the right-of-way to be vacated and
determined that the property adjacent to the vacated property is otherwise served by the public
or private access;
(2) a public hearing on the proposed vacation has been held in accordance with State Law and
with the record of such hearing and proceedings lodged with the City Clerk;
COML Special Meeting 2-17-26, Page 17 of 103
Feb 17 Draft Document order: Vacate Ordinance, Ord Exh B bill of sale, and Ord Exh C
Easement with Exh A, Exh B
(3) a written protest has not been filed with the City Clerk by at least fifty percent of the
abutting property owners; and
(4) vacation of the street and right-of-way serves the public interest.
Section 2. Street and Right-of-Way Vacation Conditions. The real property described in Exhibit
“A” is hereby vacated subject to the following conditions specified in Sections A through I below,
all of which must be satisfied prior to the transfer on the street to be vacated.
A. The petitioner shall be responsible for relocating the existing adjacent property access
(Property Access) and all effective public utilities affected by the vacation.
B. The City shall declare the existing sewer main line located within Exhibit A surplus to its
utility needs and shall transfer ownership, maintenance, and operation of said sewer main to
petitioner. Petitioner agrees to accept said sewer main and all appurtenances AS IS and
without any warranties of any kind pursuant to a bill of sale, attached hereto as Exhibit B, and
incorporated herein by this reference.
C. The City shall reserve, and the petitioner shall grant, execute, and record, a municipal
easement for a water main and appurtenances, within the property described in Exhibit A
pursuant to the attached Exhibit C, which is incorporated herein by reference. The City’s
easement and operation of water utilities within Western Avenue shall be limited to the water
main line and shall not include any service lines. All water service lines downstream of the
meter title shall be under the ownership, maintenance, and operation of petitioner at
petitioner’s sole cost and expense and subject to all City requirements.
D. The petitioner shall obtain City approval for the development of the petitioner’s property,
which is the basis for this vacation action, as a condition precedent to vacation of the street
and right-of-way described in Exhibit “A”. Petitioner’s proposed development must include
alternative access for adjacent property owners. Until alternative access is provided, petitioner
shall provide public and fire access to and through the property on Western Avenue from
Broadway Avenue to Ivy Street.
E. The petitioner or his successor shall be responsible for construction of the approved
alternate Property Access. Design and construction of the Property Access shall be approved
by the Public Works Director in accordance with City Access Design Standards.
F. The petitioner shall provide a legal recorded easement to Cascade Natural Gas for all
existing gas infrastructure located within the existing Western Avenue to be vacated.
G. The petitioner shall complete a boundary line adjustment/lot consolidation of parcels:
101548000, 101547000, 101545000, 101544000 AND 1015143000, so that the resulting
property abuts public right of way.
COML Special Meeting 2-17-26, Page 18 of 103
Feb 17 Draft Document order: Vacate Ordinance, Ord Exh B bill of sale, and Ord Exh C
Easement with Exh A, Exh B
H. During the pendency of this street and right-of-way vacation and the performance of the
terms and conditions herein, the street and right-of-way described in Exhibit “A” shall remain
open to public use. Nothing herein shall be deemed a waiver or release of the other conditions
expressed herein or contained in the City’s Ordinances.
I. Fees and costs associated with the transfer of title to the vacated property shall be paid by
the recipient (or grantee) of such property. The fees and costs include all direct and indirect
costs of title transfer to the vacated street and right-of-way.
Section 3. The vacation of the right-of-way herein provided for shall not be effective until the
petitioner pays the City of Moses Lake for the full appraised value of the area vacated, which
shall be $124,080.00 at $ 1.76 per square foot, plus payment of the other costs incurred by the
City of Moses Lake in conjunction with the vacation and as required under Chapter 12.44 of the
Moses Lake Municipal Code.
Section 4. In the event the petitioner/adjoining property owner does not complete the conditions
in Sections 2 and Section 3 within one (1) year of the date this ordinance is passed by the City
Council, then this ordinance shall not become effective but shall automatically expire and be
terminated on December 9, 2026. The City Council reserves the right to extend the termination
date of this ordinance.
Section 5. As a condition and in consideration of this street vacation, petitioner shall execute a
new covenant securing the continuing obligation contained in the covenant recorded under
Auditor’s File Number (AFN) 1469932, on April 12, 2022, to participate in its pro rata costs of
the sewer extension in Broadway Avenue for the full frontage of petitioner’s property
(approximately 60 linear feet). Upon execution and recordation of the new covenant, the City
agrees to record releases of the prior covenants recorded under AFN 960529006 on May 28, 1996,
and AFN 1469932 on April 12, 2022.
Section 6. Transfer of Right-of-way. Following satisfaction of the above conditions, the City
Clerk shall record a certified copy of this Ordinance in the office of the County Auditor, and the
City Manager is authorized to execute all necessary documents, including a Quit Claim Deed, in
order to complete the transfer of the property identified herein.
Section 7. Effective Date. This ordinance shall be in full force and effect thirty (30) days after
passage, approval, and publication.
Section 8. Retained Jurisdiction. As a result of the continuing obligation, terms and conditions
herein, the City Council reserves the right to repeal this Ordinance upon a showing of good cause
necessary to protect the public health, safety, and welfare to include, but not limited to, a failure
of the petitioner, his successors and assigns to perform the terms and conditions herein.
COML Special Meeting 2-17-26, Page 19 of 103
Feb 17 Draft Document order: Vacate Ordinance, Ord Exh B bill of sale, and Ord Exh C
Easement with Exh A, Exh B
Section 9. Severability. If any section of this ordinance shall be deemed to be invalid, but rather,
it should be deemed to have been enacted independently and without regard to the affected
section.
ADOPTED by the City Council of the City of Moses Lake, Washington and signed by its Mayor
on March 10, 2026.
________________________________________
Dustin Swartz, Mayor
ATTEST:
APPROVED AS TO FORM:
________________________________
__________________________________
Debbie Burke, City Clerk
Katherine L. Kenison, City Attorney
Swartz
Myers
Fancher
Skaug
Lombardi Graves
Davis
Vote:
Date Published:
March 16, 2026
Date Effective:
March 21, 2026
COML Special Meeting 2-17-26, Page 20 of 103
Feb 17 Draft Document order: Vacate Ordinance, Ord Exh B bill of sale, and Ord Exh C
Easement with Exh A, Exh B
EXHIBIT A- LEGAL DESCRIPTION
The following described public right-of-way shall be vacated:
That portion of the city right-of-way dedicated as Western Avenue, except the westernmost fifty
feet abutting SR-171 right-of-way, (Broadway Avenue), adjacent to County Assessor’s parcel
numbers 101550000, 101548000, 101547000, 101545000, 101544000, 101543000, 110189000
and 314673000.
COML Special Meeting 2-17-26, Page 21 of 103
Feb 17 Draft Document order: Vacate Ordinance, Ord Exh B bill of sale, and Ord Exh C
Easement with Exh A, Exh B
EXHIBIT B – BILL OF SALE
COML Special Meeting 2-17-26, Page 22 of 103
EXHIBIT B
BILL OF SALE FOR SURPLUS PROPERTY
AND RELEASE
The City of Moses Lake City Council has declared the following described property as
surplus to the City’s needs and has authorized its disposal:
Approximately 700 linear feet of pressure sewer main and appurtenances located in
Western Ave starting at 416 S. Western Ave. and terminating at the edge of the Milwaukee right
of way.
The undersigned Purchaser desires to receive said property for and in consideration of the
vacation of Western Avenue pursuant to Ordinance No. _______.
For purposes of this transfer, the City makes no representation as to why the above
described property was declared surplus. No oral statement of any City employee is to be
deemed a modification of the terms of this release. Purchaser accepts the items purchased “As
Is”, “Where Is”, and “Without Warranty.” Specifically, no warranties, express or implied or of
fitness for particular purpose, are made whatsoever. Purchaser releases the City from any claim
for defective design, defective maintenance, defective condition, defective modification or
improper use, placement or operation of the items purchased.
Purchaser acknowledges that the City is not responsible for the fitness, condition,
adequacy or performance of the items and agrees on behalf of Purchaser and on behalf of
Purchaser’s heirs, successors and assigns to:
a) accept any and all risk of loss, damage and injury associated with the
ownership, operation, maintenance and use of the items;
b) waive any and all right to assert any and all present and future claims against
City, whether known or unknown, for any harm, loss or damage, including
without limitation personal injury, death, property damage, and loss of use by
reason of, arising out of, or related to the ownership, use, placement, maintenance
and operation of the items.
Purchaser shall defend, indemnify and hold City, its officers, officials, employees and
volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney
fees, arising out of or in connection with Purchaser’s ownership, use, operation, and/or
maintenance of the items purchased.
Date: _______________________
__________________________________________
Purchaser
COML Special Meeting 2-17-26, Page 23 of 103
Feb 17 Draft Document order: Vacate Ordinance, Ord Exh B bill of sale, and Ord Exh C
Easement with Exh A, Exh B
EXHIBIT C – MUNICIPAL EASEMENT
COML Special Meeting 2-17-26, Page 24 of 103
RECORD AND RETURN TO
Legal Department
City of Moses Lake
P.O. Box 1579
Moses Lake, WA 98837
MUNICIPAL EASEMENT
For and in consideration of the benefits derived and to be derived by Grantor herein, and other good
and valuable consideration, receipt whereof is hereby acknowledged, Grantor, Homesley Properties,
LLC, a Washington limited liability company (hereinafter “Grantor”) hereby grants, conveys and warrants
to Grantee, the CITY OF MOSES LAKE (hereinafter “Grantee”) in Grant County, Washington, a
Washington municipal corporation, its successors and assigns, a perpetual, permanent, nonexclusive
easement described in Exhibit “B”, on, under, over, through and across the property described in Exhibit
“A” by this reference incorporated herein, for municipal water utility purposes:
EXHIBIT A
LEGAL DESCRIPTION OF BURDENED PROPERTY
EXHIBIT B
LEGAL DESCRIPTION OF EASEMENT AREA
SUBJECT TO THE FOLLOWING:
1. Grantee shall have the right at all times to enter the premises described for municipal water
utility purposes.
2. Said grant of easement is for a public use and shall include all rights reasonably necessary or
incident for Grantee’s municipal water utility purposes, including the rights of ingress and
egress.
3. Grantor shall not use or make use of the property described herein so as to interfere with,
impede, restrict, or otherwise conflict with Grantee’s use of this easement. Grantor may grant
easements to others in the area of the easement so long as such easements are not in conflict
with nor interfere with this easement granted to the City of Moses Lake. Any additional
easements granted shall reference this easement and Grantor shall be responsible to the City of
Moses Lake for any damage to its property or interference with the easement granted herein.
4. This grant of easement is a covenant running with the land and shall be binding upon the heirs,
personal representatives, successors and assigns of both parties.
COML Special Meeting 2-17-26, Page 25 of 103
IN WITNESS WHEREOF this easement is executed as of this ______day of _________, 2026.
By__________________________________
Howard Homesley
By__________________________________
Spouse (if applicable)
Washington State
Grant County
I certify that I know or have satisfactory evidence that Howard Homesley signed this instrument, on oath
stated that he is authorized to execute the instrument and acknowledged it to be the free and voluntary
act for the purposes mentioned in the instrument.
Dated_______________________________________
____________________________________________
(Print Name)
________________________________, Public Notary
(Signed)
My appointment expires________________________
Washington State
Grant County
I certify that I know or have satisfactory evidence that _________________signed this instrument, on
oath stated that he is authorized to execute the instrument and acknowledged it to be the free and
voluntary act for the purposes mentioned in the instrument.
Dated_______________________________________
____________________________________________
(Print Name)
________________________________, Public Notary
(Signed)
My appointment expires________________________
COML Special Meeting 2-17-26, Page 26 of 103
EXHIBIT "A TO
MUNICIPAL EASEMENT
LEGAL DESCRIPTION FOR WESTERN AVENUE
That portion of Western Avenue lying southeasterly of a line running parallel and 50 feet
southeasterly from the easterly most right of way boundary line of Broadway Avenue. as
depicted on the Cooper Homes Short Plat, found in Book 6 of Short Plats, Pages 80-81,
recorded under Grant County Auditor's File No. 960529005
COML Special Meeting 2-17-26, Page 27 of 103
EXHIBIT "A TO
MUNICIPAL EASEMENT
COML Special Meeting 2-17-26, Page 28 of 103
EXHIBIT "B" TO
MUNICIPAL EASEMENT
LEGAL DESCRIPTION FOR WATER LINE EASEMENT
A strip of land 15.00 feet wide located in that portion of Western Avenue as depicted in the
Milwaukee Industrial Plat No. 1, found in Book 4 of Short Plats, page 32, Grant County Auditor's
File No. 189066, located in a portion of the Southeast quarter of the Southwest quarter of
Section 22, Township 19 North, Range 28 E.W.M; Grant County, Washington, centerline of said
strip of land described as follows:
Commencing at a found 3-inch brass cap monument stamped "LS 21651" located on the
centerline of Broadway Ave as depicted on the Cooper Homes Short Plat, found in Book 6 of
Short Plats, Pages 80-81, Grant County Auditor's File No. 960529005, said monument bears
°
South 22 42'33" West from a found encased brass cap monument stamped "LS 46321" located
°
on the centerline of said Broadway Avenue; thence South 60 05' 33" East a distance of 100.79
feet to the TRUE POINT OF BEGINNING;
°
°
Thence South 50 55'26" East a distance of 204.08 feet; thence South 39 57'06" East a distance
of 946. 78 feet to the point of termination of said centerline
the sidelines of said strip of land to be lengthened or shortened on the northerly end to
terminate at a line that is parallel and 50 feet southeasterly of the easterly most right of way
boundary line of said Broadway Ave as depicted on said Cooper Homes Short Plat, and also to
be lengthened or shortened on the southerly end to terminate at the northerly right of way
�l'OlZI����
boundary line of Milwaukee Avenue as depicted in said Milwaukee Industrial Plat.
COML Special Meeting 2-17-26, Page 29 of 103
EXHIBIT "B" TO
MUNICIPAL EASEMENT
\_ FOUND-encased
brass cap marked "LS 46321"
--- • -+--•-
�
1224 South
«tf[J 11111 �
Pioneer Way,
#" WESTERN PACIFIC' Mose� �:k!, WA
ENGINEERING & SURVEY T:(509)765-1023
u
A TERRA DEVELOPMENT SERVICES CORPORATION
DRAWN BY: JPL
CHECl<ED BY: JPL
.DATE:
August 26, 2025
HOMESLEY PROPERTIES, LLC
EXHIBIT
Moses Lake, Washington
Scale: 1" = N/A
WPE PROJECT #:
22146
COML Special Meeting 2-17-26, Page 30 of 103
Council Agenda Bill
Subject
Meeting Date:
Agenda Item Number:
2025 Code Amendment – Docket Grouping 2 through 4
2/17/2026
62974
Department
Proceeding Type
Community Development
Study Session
Presenter at the Meeting
Proposed Council Action/Motion:
Nathan Pate AICP, Senior Planner
Information Only
Receive and File
Packet Attachments (if any)
Discuss
PC Code Amendment Docket Groupings 2-4 Attachment - Hearing re
sults.docx
442.19KB
WS Commerce Comment Letter 2025-S-11380_City_Draft.docx
36.89KB
Provide Direction
Public Hearing
2025 Code Amendments Final Docket with Annotations for CC work
shop 2-17-2026.pdf
Adopt/Approve
Authorize
156.16KB
Other
No motion necessary.
Summary/Background
The City Council is being asked to study the Planning Commission recommended code amendments pursuant to the 2025 MLUDC Code Amendments Final Docket –Groupings 2
through 4: Docket Numbers 1-2, 5-10, 12-14, 16-29, and 31 – 51. Attached is the Final Docket with short annotations which discuss the reasons for the amendments.
The City of Moses Lake Unified Development Code (MLUDC) Amendments attachment is presented with edits in “track changes” format (black text is original, new text is underlined
and/or red/blue, and text removed is strikethrough and/or red/blue). At the top of each chapter are the referenced Docket Numbers with introduction "content" text of the section to
see where the amendment is placed in the MLUDC. Below this introduction text are the proposed amendments with the identifier "proposed amendments."
On February 4, 2026, the Washington State Department of Commerce Growth Management Services provided a draft letter. A finalized letter is anticipated.
Staff recommendations regarding Chapter 15.310 Subdivision permit submittal - preliminary engineering (30% design of infrastructure to serve each lot – for example: streets,
waterlines and connections, sewer lines and connections, and early stormwater report) differ from that of the Planning Commission. Staff does not support the Planning Commission
recommendation based on the following:
Submittal of technical information for a preliminary subdivision is the time for staff to review and suggest and/or require changes to meet Code and City standards. After this
timeline and at final subdivision submittal, the opportunity to make changes is closed.
RCW 58.17.110 requires a City make written findings for a preliminary subdivision that: “(a) Appropriate provisions are made for the public health, safety, and general welfare and
for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools
and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from
school; and (b) the public use and interest will be served by the platting of such subdivision and dedication.”
Without plans prepared by a qualified party (typically engineer), the City will not be able to meet its obligation under the RCW.
In addition, staff encourages that the City Council entertain a change to the Planning Commission recommendation regarding Chapter 15.705 Community Design Standards infrastructure installation. The PC proposal includes an exemption for infill development that would require infrastructure to match the adjacent design for sidewalk, curb, gutter and
street. The development would be required to install sewer, water and fire protection to adopted standards, but addressing stormwater was not outlined in detail. Staff recommends
that, in addition to install sewer, water, and fire protection to adopted standards, the amendment includes stormwater design, as applicable.
Background
On August 26, 2025, the City Council created and set the “2025 Code Amendment Final Docket” which is a list of 51 City of Moses Lake Unified Development Code text amendments.
Placement on the “Final Docket” is not approval of the proposal. Rather, it means the City Council has determined the proposal is worthy of devoting resources and time to complete
the amendments, and the City Council is being asked to consider the Planning Commission’s recommendation, and may adopt, reject, or change the recommendation to create the
“Final Docket.”
This is a process where the public, City Council, and Planning Commission (PC) may propose amendments to the Comprehensive Plan and the Unified Development Code (Land Use
Development Code). The rules regarding the docketing process are found in Chapter 15.240 Comprehensive Plan and development regulation amendments. Basically, the docket
process provides the public with a way to propose changes to the Comprehensive Plan or development regulations directly to the City Council. It is designed to comply with the
Washington State Growth Management Act’s requirement to provide for meaningful public participation. Regulation Amendments are legislative in nature, involving the creation,
revision, application, or large-scale implementation of public policy.
These amendments have been separated into four (4) groupings which included two workshops for each amendment under the Planning Commission agendas for “new” and “old”
business. The amendments moved from new to old as the workshops progressed which allowed the PC to complete deliberations and review with a “double” approach for each
meeting. The first grouping was expedited to complete Docket Numbers 3 & 4, 11, 15, and 30.
COML Special Meeting 2-17-26, Page 31 of 103
The Planning Commission held public workshops on August 28, 2025, September 25, 2025, October 16, 2025, October 30, 2025, and December 11, 2025.
On January 16, 2026, the Planning Commission held a Public Hearing regarding the identified Groupings 2-4 Code amendments pursuant to the Final Docket process MLUDC
15.240.040.
Fiscal Consideration
N/A
City Council Priorities or Budget Objectives Addressed
Preamble: The City’s top priority will always be fulfilling its core mission, which includes ensuring public safety, maintaining the City’s infrastructure, complying with state and
federal mandates, and safeguarding the City’s finances.
#1 - Achieve Financial Sustainability
#2 - Secure Sustainable and Reliable Municipal Water Sources
#3 - Improve the City's Image and Reputation
#4 - Fire Department Service Delivery Model and Third Fire Station
#5 - New Police Station
#6 - Second Lake Crossing
#7 - WSDOT Highway Projects in Moses Lake
Reviewed and Approved by:
City Manager - Rob Karlinsey on
City Attorney - Katherine Kenison on 2/4/2026
Community Development - David Miller on 2/4/2026
COML Special Meeting 2-17-26, Page 32 of 103
Attachment A
Chapter 13.15
WATER RIGHT TRANSFERS
Docket No. 22. Amendment to 13.15.040 water right transfers at time of Building Permit
exemptions for ADU and reduction for duplex to fourplex.
13.15.040 Building Permits:
Proposed Amendment
(Previous section remains unaltered)
Upon application for a building permit that involves the providing of municipal 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: (A) the applicant to acquire adequate water rights
and transfer the same to the City, and/or (B) 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 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. The calculations of transfer water rights shall be applied to development per
Equivalent Residential Unit (ERU) and will be transferred or payment in lieu of transfer at a
minimum ½ (one half) ERU. Fractions shall be rounded up to the nearest full or ½ unit. The
City may hold and/or reserve ERU credit for an existing City ERU attached to the property. This
reservation is at the sole discretion of the City.
(Subsequent section remains unaltered)
COML Special Meeting 2-17-26, Page 33 of 103
Page 1 of 52
Chapter 16.02
BUILDING PERMITS
Docket No. 21. Amendments to strike 16.02.040 and16.02.110. Amendments to 15.705
Community Design Standards and 15.710 Project Design Standards to add extension /
connection requirements for water, sewer and stormwater with exemptions and processing a
(DA). Amendments to 15.705, 15.710, and/or 15.305.020 Lot of Record Determination to add
allowance of building permit on unplatted property with existing infrastructure meeting City
standards.
Chapter 16.02 Building Permits
Proposed Amendment
(Previous section remains unaltered)
16.02.040 Reserved Unplatted Areas:
No building permit or other development permit shall be issued for any lot, tract or parcel of
land divided in violation of Chapter 58.17 RCW or the platting ordinances and regulations of
the city. No building permit or other development permit shall be issued for any unplatted
property not otherwise permitted to be issued a building permit unless the City Council finds
that the public interest will not be adversely affected by the issuance of such a permit. The
standards to determine if the public interest will be adversely affected includes but is not
limited to consideration of the installation or existence of adequate sewer and water,
conformance to lot size requirements, existence of street, sidewalk and curb improvements,
access to the site, all as respects the proposed building site and the surrounding area. The
City Council may condition the issuance of a building permit on unplatted land on the
installation or completion of such utility, street and sidewalk improvements or other
conditions as the City Council upon recommendation of staff shall deem appropriate. The
City Council shall make the grant of the privilege to build on unplatted land specific as to the
proposed building activity and personal to the applicant. The grant of such privilege shall
expire if a building permit is not obtained within six (6) months of the adoption of the
resolution provided for herein unless the applicant requests and obtains an additional thirty
(30) day extension from the Community Development Director. Any request for the thirty (30)
day additional extension must be submitted in writing to the Community Development
Director prior to the expiration of the six (6) month limitation period. The Community
Development Director has the discretion to grant the additional extension only when no
significant development code changes have occurred or will occur during the extension
period, there is demonstrable proof of substantial progress made by the applicant, and the
request serves the public health, safety and welfare. No more than one (1) thirty (30) day
additional extension may be granted to any applicant. The City Council shall only direct the
issuance of such a permit by a resolution of the City Council. The following construction is
exempt from City Council resolution:
COML Special Meeting 2-17-26, Page 34 of 103
Page 2 of 52
A. Remodeling of an existing, conforming building.
B. Construction of a temporary structure.
C. Fences.
D. Signs.
(Subsequent section remains unaltered)
(Previous section remains unaltered)
16.02.110 ReservedPlatting Deemed Insufficient – When:
A. Property located within the city which is presently platted and which property was platted
without the extension or provision of City water, City sewer, storm sewer, curb, sidewalk,
streets or other improvements through some or all of the lots of the plat shall be deemed to
be unplatted for purposes of the issuance of any development permit or building permit. Any
lot so affected shall be permitted to develop and a building permit will be issued upon the
installation of City water, City sewer, storm drains, curbs, sidewalks, streets, and other
improvements to community standards, including fire protection devices, or upon the posting
of security in an amount approved by the City, which is equal to the estimated cost of the
extensions and/or improvements remaining to be installed through the lot, in a form
acceptable to the City Attorney to insure the construction of the required improvements and
extensions at the same time as construction of the building for which the building permit was
issued or at the time of the improvement of the affected lot.
B. Any property owner can make application to the City Council for a waiver, deferral, or
deviation from or of the requirement to install improvements. A waiver, deferral, or deviation
from or of the requirement to install improvements shall not be granted unless the City
Council finds that because of the nature of the property, its topography, the conditions or
nature of the adjoining areas or the existence of unusual physical conditions, the requirement
to install improvements would cause an unusual and unnecessary hardship on the property
owner. In granting a waiver, deferral or deviation from or of the requirements to install
improvements, the City Council may require such conditions as will secure the objectives of
the requirement waived, deferred, or deviated. Any waiver, deferral, or deviation authorized
shall be entered in the minutes of the Moses Lake City Council together with the
circumstances that justify the waiver, deferral, or deviation granted.
(Subsequent section remains unaltered)
COML Special Meeting 2-17-26, Page 35 of 103
Page 3 of 52
Chapter 15.105
DEFINITIONS
Docket Numbers varied and No. 6. Amendment to 15.105.009 “Industry, Heavy” match number
and add “primary” Docket No. 35. Amendment to Chapter 15.105 to add “environmental and/or
industrial cleanup” to Light Industrial definition.
15.105.003 C Definitions:
Proposed Amendment
(Previous definition remains unaltered)
“Casino, mini” means a business which provides gambling and gaming as a source of its
revenue, which may include food and beverage sales for consumption on the premises as a
secondary part of its business activity.
“Punchboards, pull tabs, bingo, or similar social games” defined by Chapter 9.46 RCW.
(Subsequent definition remains unaltered)
15.105.009 I Definitions:
Proposed Amendments
(Previous definition remains unaltered)
“Industry, Heavy” means industrial uses that are not specifically defined elsewhere in the
MLUDC, that can be described asin one of the following four ways: pPrimary processing or
manufacturing or repair operations not specifically defined elsewhere in the MLUDC or this
definition. For illustrative purposes, heavy industrial uses include (if they meet the thresholds
of this definition), but are not limited to:
(Subsequent definition remains unaltered)
Proposed Amendment
(Previous definition remains unaltered)
“Industry, Light” means a category of uses that involves research and development, assembly,
remanufacturing, compounding, packaging, testing, or treatment of products, generally from
previously prepared materials or components, with limited outside storage and limited truck
traffic, external impacts, or risks, such that the use is not defined as "Heavy Industry". Light
industry also includes wholesaling, warehousing, and distribution uses that involve fewer than
12 truck trips per day. For illustrative purposes, light industrial uses may include:
•
Assembly, testing, repair, or refurbishing of products, instruments, electronics, office
and computing machines, and fixtures using pre-manufactured components;
COML Special Meeting 2-17-26, Page 36 of 103
Page 4 of 52
•
Offices of general contractors; specialty
telecommunications providers which include:
subcontractors;
tradesmen;
or
o Overhead door access to indoor storage of tools, parts, and materials;
o Parking of commercial vehicles or a fleet of cars, vans, or light trucks that are
used in the business; or limited outdoor storage areas;
•
Food production (e.g., commercial kitchen or bakery) and packaging, but not meat
processing involving butchering of large animal carcasses;
•
Medical marijuana-infused products manufacture; or
•
Environmental and/or industrial cleanup
•
Restaurants;
(Subsequent definition remains unaltered)
15.105.013 M Definitions:
Proposed Amendment
(Previous section remains unaltered)
“Morgue” means a building, or a room in a hospital or separate structure, where dead bodies
are kept to be examined or until buried.
(Subsequent section remains unaltered)
15.105.019 S Definitions:
Proposed Amendment
(Previous definition remains unaltered)
“Sign, Off-Premises” means a sign related in its subject matter to some premises or lot other
than the premises or lot on which the sign is located means a sign advertising or promoting
merchandise, service, goods, or entertainment sold, produced, manufactured, or furnished at
a place other than on the property where the sign is located and located in relation to the
place.
“Sign, Directional (traffic)” means a sign which only identifies a business or activity and directs
traffic to that business or activity.
“Sign, Off-Premises Directional” means a sign which only identifies a business or activity and
directs traffic to that business or activity at a premises or lot other than on the premises or lot
where the sign is located.
(Subsequent definition remains unaltered)
15.105.026 Z Definitions:
COML Special Meeting 2-17-26, Page 37 of 103
Page 5 of 52
Proposed Amendment
(Previous definition remains unaltered)
“Zero Lot Line Home” means a residential dwelling in which the structure adjacent to side
property line
(Subsequent definition remains unaltered)
COML Special Meeting 2-17-26, Page 38 of 103
Page 6 of 52
Chapter 15.205
PERMIT REVIEW PROCESS TYPES
Docket No. 20. Amendments to 15.205.020 and 15.320.090 to clarify decision type for Binding
Site Plans to Type II permit.
15.205.020 Assignment of Development Applications to Decision Type:
A. Assignment by Table. Land use and development applications shall be classified and
processed pursuant to their designation in Table 15.205.020 below:
Table 15.205.020. Application and Permit Type
Proposed Amendment
Type Land Use and Development Application
MLUDC Cross-Reference
Binding Site Plan – Individual Lots 5-acre
Type Segregations
15.320.090
I
15.315
MLUDC
Chapter
(Subsequent section remains unaltered)
COML Special Meeting 2-17-26, Page 39 of 103
Page 7 of 52
Chapter 15.235
VARIANCES
Docket No. 31. Amendment to 15.235.010 Administrative Variance to expand list to include
“Building Design Standards.”
15.235.010 Administrative Variance:
B. Administrative Variance Parameters. An Administrative Variance may be requested for
any of the following standards when the request is within the corresponding parameter. Any
request for a variance that does not fall within the following parameters is a Quasi-Judicial
Variance subject to the requirements of MLUDC 15.235.020.
Proposed Amendment
(Previous section remains unaltered)
7. Building Design Standards. An Administrative Variance may be granted up to ten percent
(10%) of the dimensional standards within Section 15.410.040 High Density and Mixed Use
Residential (R-3). An Administrative Variance may be granted up to twenty percent (20%) of
the dimensional standards within Section 15.420.020 Commercial and Mixed Use Design and
Section 15.420.030 Commercial Design. The percent may be an increase or decrease to the
dimensions listed in the sections subject to the request and criteria for approval.
(Subsequent section remains unaltered)
COML Special Meeting 2-17-26, Page 40 of 103
Page 8 of 52
Chapter 15.240
COMPREHENSIVE PLAN AND DEVELOPMENT REGULATION AMENDMENTS
Docket No. 50. Amendment to 15.240.040 Docket of Proposed Amendments for the City Council
to create the Docket (single action) and subsequent processing for the Planning Commission.
15.240.040 Docket of Proposed Amendments:
Proposed Amendment
(Previous section remains unaltered)
A. Preliminary Docket. A preliminary docket shall be maintained by the Director, which
shall consist of the following:
1. All applications submitted before the March 31st deadline to amend the
comprehensive plan;
2. All amendments suggested during the year by citizens, the Planning Commission,
Hearing Examiner, City Council, staff, Departments, or other agencies.
B. Planning Commission Recommendation on Final Docket. The Planning Commission
shall hold a noticed public hearing to accept public comment regarding the suggested
amendments on the preliminary docket. Following the hearing, the Planning
Commission shall prepare a report and recommendation identifying those suggested
amendments that it is recommending for consideration by the City Council during the
annual amendment process. The Planning Commission’s recommendation shall be
based upon the perceived need, urgency, and appropriateness of each suggested
amendment. The Planning Commission’s report and recommendation shall also
include those proposed amendments resulting from its periodic assessment as
applicable.
C.B.
City Council Adoption Creation of Final Docket. During the annual amendment
process, the City Council shall hold a noticed public hearing to accept public comment
regarding the suggested amendments on the preliminary docket. Following the
hearing, tThe City Council shall review and consider the Planning Commission’ report
and recommendedcreate the final docket. The City Council may adopt the Planning
Commission’s recommended final docket without a public hearing; however, in the
event that a majority of the City Council decides to add or subtract suggested
amendments, it shall first hold a public hearing.
(Subsequent section remains unaltered)
COML Special Meeting 2-17-26, Page 41 of 103
Page 9 of 52
Chapter 15.305
GENERAL PROVISIONS
Docket No. 46. Amendments to 15.305.050 Design Standards and Guidelines Adopted by
Reference Standards Adopted by Reference to include Community Street and Utility Standards
and Mapping Standards Manual. Docket No. 23. Amendment to 15.305.040 to add RCW
58.17.040 with “anti-land-lock” provision (Use common terms “Five (5)-acre segs” as applicable)
15.305.010 Purpose:
Proposed Amendment
(Previous section remains unaltered)
E. Protect and preserve the public health, safety, and general welfare in accordance with the
standards established by the City and the State of Washington which include, but is not limited
to adherence with Chapter 15.705 Community Design Standards and 15.705.010 Compliance
with Standards and Guidelines.
(Subsequent section remains unaltered)
15.305.040 Exemptions:
Proposed Amendment
(Previous section remains unaltered)
This Part shall not apply to the divisions listed in RCW 58.17.040, except boundary line
adjustments shall be approved in accordance with MLUDC Chapter 15.315 and divisions of
land into lots or tracts each of which is one-one hundred twenty-eighth of a section of land or
larger, or five acres or larger shall be approved in accordance with MLUDC Chapter 15.315.
The exemptions provided herein shall not be construed as exemptions from compliance with
all other applicable standards required by the City and State.
(Subsequent section remains unaltered)
COML Special Meeting 2-17-26, Page 42 of 103
Page 10 of 52
Chapter 15.310
SUBDIVISIONS
Docket No. 19. Amendment to 15.320.050 (3) and 15.310.060 final subdivision process (C) (3)
to strike from the City Finance Director indicates, add “stating,” and strike included in the binding
site plan. Docket No. 38. Amendments to 15.310.010 Preliminary Subdivision Application,
15.310.020 Preliminary Subdivision Approval Process, and 15.310.030 Preliminary Subdivision
Approval Criteria regarding clear “Site Plan” (preliminary engineering for infrastructure – access,
sewer, and water to serve each lot). Docket No. 47 & 48 Amendment to add requirement for
street names Prior to Final Subdivision application & Amendment to add lot addressing Prior to
Final Subdivision application. Docket No. 36. Amendment to 15.310.020 Preliminary Subdivision
Approval Process to be consistent with 15.310.070 Final Decisions and Notice of Decision, as
applicable.
15.310.010 Preliminary Subdivision Application:
Applications for a preliminary short or major subdivision shall contain the following:
Proposed Amendment
(Previous section remains unaltered)
F. Preliminary subdivision plat drawing prepared by a licensed land surveyor meeting the
Department standards and including the following elements:
(Subsequent section remains unaltered)
(Previous section remains unaltered)
2. All existing and proposed easements and public or private roadsstreets, including
adjacent streets with existing and proposed street names; all existing structures; elevations
shown by contour lines at intervals of five feet or less for ground slopes exceeding three
percent; approximate location of all natural features including but not limited to critical areas.
(Subsequent section remains unaltered)
Proposed Amendment
(Previous section remains unaltered)
G. Preliminary engineering plans meeting Public Works Department standards including, but
not limited to, water, sewer, streetlights, roads, stormwater facilities, and sidewalks, and a
schedule of construction and proposed phasing of improvements if the aApplicant intends to
develop the subdivision in phases. Preliminary engineering plans will not be recorded with the
approved final plat, and shall not be consecutively numbered with the plat sheets. Preliminary
engineering plans shall be used as guidelines for public agencies to comment on the validity
COML Special Meeting 2-17-26, Page 43 of 103
Page 11 of 52
or necessity of existing or additional utilities and municipal improvements that are required
to serve the subdivision. Agency reviews do not verify the accuracy of the preliminary
engineering plans that are provided by the applicant’s engineer and/or surveyor. Review of the
preliminary engineering plan(s) does not replace the requirement of the applicant to provide
construction plans for review and approval, as may be required by the preliminary subdivision
approval. Preliminary engineering plans shall include the following items:
1. As applicable and requested by the applicant, lot configuration, lot layout, and
street layout may be reviewed prior to submitting preliminary engineering plans
with the pre-application process for additional review. This review is an
opportunity for additional guidance for submittal of the preliminary engineering
plans.
2. As applicable, the preliminary engineering plan shall adhere to the adopted City
of Moses Lake Mapping and other drafting standards.
3. The preliminary engineering plan shall clearly show the boundaries of the
subdivision, including blocks, lots, and public dedications as shown on the
preliminary plat.
4. The preliminary engineering plan shall include sufficient information from the
plat to establish that the preliminary engineering plan corresponds with the plat,
including orientation, size, layout, and location.
5. The preliminary engineering plan shall show all utilities, drainage ways, and
improvements within the subdivision and within the adjacent public lands,
rights-of-way, and easements.
6. All existing and proposed utility service lines that will serve the subdivision shall
be shown on the preliminary engineering plan.
7. If utilities and improvements are required to be extended beyond the immediate
vicinity of the subdivision boundaries in order to serve the subdivision, the
general routes and layouts for those off-site utilities shall be shown on the
preliminary engineering plan.
8. At intervals determined by the complexity of terrain, contour lines shall be
shown on the preliminary engineering plan.
9. Existing zoning classifications shall be shown for the subdivision and the
adjacent properties.
10. All existing structures within the subdivision, and all existing structures
adjacent to the subdivision that could affect the requirements of subdivision
approval shall be shown on the preliminary engineering plan.
11. Insufficient information shown on the preliminary engineering plan is
justification to extend the review time while additional information is acquired
and evaluated.
COML Special Meeting 2-17-26, Page 44 of 103
Page 12 of 52
1.12.
The preliminary engineering plan shall
Management Manual for Eastern Washington design.
include
Stormwater
(Subsequent section remains unaltered)
15.310.020 Preliminary Subdivision Approval Process:
Proposed Amendment
(Previous section remains unaltered)
C. Timing.
1. The application for a preliminary subdivision shall be approved, disapproved, or
returned to the aApplicant for modification or correction within ninety (90) days of the
date of filing of a complete application, or within ninety (90) days after the issuance of
a final environmental impact statement, if required, whichever is later, unless the
Applicant consents to an extension of such time period in accordance with RCW
58.17.140.
(Subsequent section remains unaltered)
15.310.060 Final Subdivision Application:
Applications for a final short or major subdivision shall contain the following:
C. Final Plat Map. Copies of the final subdivision plat map prepared by a licensed land
surveyor of the State of Washington, meeting the Department standards, and showing the
same information as required under MLUDC 15.310.040, modified to include:
Proposed Amendment
(Previous section remains unaltered)
3. A certificate from the City Finance Director indicating that all assessments on the property
included in the final subdivision or dedication have been paid;
43. Signature blocks for approval by the Director, City Engineer, the City Manager, and
irrigation district representative, where applicable, and date thereof, when the development
complies with all conditions; and
54. A notarized acknowledgment by the property owner(s) and mortgagee(s), if any, of the
approval of the final subdivision plat and the dedication of streets and other public places.
5. Approved street names compliant with Chapter 12.32 Addresses and Street Names
(Subsequent section remains unaltered)
15.310.070 Final Subdivision Approval Process:
Proposed Amendment
COML Special Meeting 2-17-26, Page 45 of 103
Page 13 of 52
(Previous section remains unaltered)
D. Timing.
1. The application for a final subdivision shall be approved, disapproved, or returned to
the aApplicant for modification or correction within thirty (30) days of the date of filing
of a complete application unless the Applicant consents to an extension of such time
period in accordance with RCW 58.17.140.
(Subsequent section remains unaltered)
COML Special Meeting 2-17-26, Page 46 of 103
Page 14 of 52
Docket No. 42. Amendment to 15.315.010 Boundary Line Adjustment/Lot Consolidation
Application to add “A plat certificate from a title company licensed to do business in the State of
Washington, confirming that the title of the lands corresponds with the owners described and
shown on the record of survey and application.” Docket No. 43. Amendment to 15.315.040
Boundary Line Adjustment/Lot Consolidation Final Approval and Recording to allow for a longer
time frame (90-days) with one extension of 90-days.
Proposed Amendment
Chapter 15.315
BOUNDARY LINE ADJUSTMENT, AND LOT CONSOLIDATION AND DIVISIONS OF LAND
INTO LOTS OR TRACTS EACH OF WHICH IS ONE-ONE HUNDRED TWENTY-EIGHTH OF A
SECTION OF LAND OR LARGER, OR FIVE ACRES
Sections:
15.315.010 Boundary Line Adjustment/Lot Consolidation/Divisions of land into lots or tracts
each of which is five acres or larger Application.
15.315.020 Boundary Line Adjustment/Lot Consolidation/ Divisions of land into lots or tracts
each of which is five acres or larger Approval Process.
15.315.030 Boundary Line Adjustment/Lot Consolidation Approval Criteria.
15.315.035 Divisions of land into lots or tracts each of which is five acres or larger Approval
Criteria
15.315.040 Boundary Line Adjustment/Lot Consolidation /Divisions of land into lots or tracts
each of which is five acres or larger Final Approval and Recording.
(Subsequent section remains unaltered)
15.315.010 Boundary Line Adjustment/Lot Consolidation Application:
Applications for a boundary line adjustment or lot consolidation shall contain the following:
Proposed Amendment
(Previous section remains unaltered)
G. A plat certificate from a title company licensed to do business in the State of Washington,
including, but not limited to, confirming that the title of the lands corresponds with the owners
described and shown on the record of survey and application.
(Subsequent section remains unaltered)
New subsection (Proposed Amendment)
(Previous section remains unaltered)
COML Special Meeting 2-17-26, Page 47 of 103
Page 15 of 52
15.315.035 Divisions of land into lots or tracts each of which is five acres or larger Approval
Criteria:
The following criteria shall be used to review and approve divisions of land into lots or tracts
each of which is five acres or larger:
A. The divisions of land into lots or tracts each of which is five acres or larger shall not
create a lot or unplatted tract that does not meet the requirements of the MLUDC,
including but not limited to dimensional requirements.
B. The area boundaries shall be a minimum of 5-acres of area for each lot or tract. For
purposes of computing the size of any lot under this determination which borders on
a street or road, the lot size shall be expanded to include that area that would be bound
by the center line of the road or street and the side lot lines of the lot running
perpendicular to such center line.
C. The divisions of land into lots or tracts each of which is five acres or larger shall
demonstrate public access and infrastructure connectivity to ensure that such lots or
tracts shall not be land locked nor lack public service (including, but not limited to,
public streets, sewer, water, and fire protection) that support the new lots or tracts.
D. An annotation shall appear on the face of the record of survey:
a. Pursuant to RCW 58.17.040(2), these lots are created through a process
exempt from the requirements of RCW 58.17. Each lot will be subject to a
determination of adequate infrastructure available, and necessary dedicated
rights of way for infrastructure, prior to the approval of a future building permit,
subdivision or short subdivision application including compliance with, and not
limited to, MLUDC Chapter 15.705.
b. The owners of property described herein do acknowledge and hereby agree to
hold City of Moses Lake harmless in any action arising as a result of this
exempt segregation.
c. The owner(s) of all the property described herein do hereby acknowledge and
agree to hold the City of Moses Lake harmless in any cause of action arising
out of the divisions of land into lots or tracts each of which is five acres or larger
or recordation of same.
E. The divisions of land into lots or tracts each of which is five acres or larger shall comply
with applicable land use regulations.
F. The divisions of land into lots or tracts each of which is five acres or larger shall not
increase the nonconforming aspects of an existing nonconforming lot or structure
G. The divisions of land into lots or tracts each of which is five acres or larger will not
diminish or impair existing or future drainage, water supply, sanitary sewage disposal
(including on-site sewage disposal), or legal access.
COML Special Meeting 2-17-26, Page 48 of 103
Page 16 of 52
H. The divisions of land into lots or tracts each of which is five acres or larger shall not
violate or be inconsistent with any conditions of approval for a previously filed land use
action, subdivision, short plat, or binding site plan.
I. If the divisions of land into lots or tracts each of which is five acres or larger may result
in a lot having more than one land use designation or zoning or result in being bisected
by any special overlay, then the lot or tract shall be evaluated to ensure that the
bisection does not result in a non-conforming land use. The applicant shall provide
detailed evaluation to the Director with the application and approval is at the sole
discretion of the Director upon demonstration that the bisection conforms with the
MLUDC.
J. The divisions of land into lots or tracts each of which is five acres or larger each of
shall not result in a lot, or lots, not wholly located within the City limits.
K. The divisions of land into lots or tracts each of which is five acres or larger shall not
result in a lot which would be so constrained by topography, critical areas or buffers,
unusual shape, or other site conditions that a reasonable building site cannot be
obtained except through a variance, reasonable use exemption from a critical areas
permit, or other special exemption from the MLUDC.
(Subsequent section remains unaltered)
15.315.040 Boundary Line Adjustment/Lot Consolidation Final Approval and Recording:
Proposed Amendment
(Previous section remains unaltered)
The Director will provide a decision in writing to the Applicant. The Applicant must submit the
deed(s) reflecting the new legal description(s), excise tax affidavit, and recording fees to the
Department within thirty (30)ninety (90) calendar days of the decision for recording with the
Grant County Auditor’s Office by the Department. Upon request and prior to the expiration of
the ninety (90) days, an additional ninety (90) extension request may be granted by the
Director.
(Subsequent section remains unaltered)
COML Special Meeting 2-17-26, Page 49 of 103
Page 17 of 52
Chapter 15.320
BINDING SITE PLAN
Docket No. 17 18. Amendment to 15.320.020 Binding Site Plan to include specifics for
“preliminary engineering plans” and clarify section “a” regarding a run-on sentence Amendment
to 15.320.020 Binding Site Plan to add private commercial and industrial road standards.
15.320.020 Binding Site Plan Application:
Proposed Amendment
(Previous section remains unaltered)
G. Preliminary engineering plans including, but not limited to, water, sewer, streetlights,
roadsstreets, stormwater facilities, fire protection devices with sufficient water storage and
flows, and sidewalks.
1. Preliminary engineering plans shall be commonly known as 30% engineered plans
that lay out all facilities proposed to serve the development meeting engineer
standards and specifications.
2. Public infrastructure shall meet the Community Street and Utility Standards.
3. Mapping shall meet the March 2025 Mapping Standards Manual.
1.4.
Private streets shall be of two types: A) Industrial and B) Commercial
2.5. Application to Private Streets. Although community street requirements are
usually best served by public streets owned and maintained by the city, private
streets may be appropriate for some local access streets for either commercial or
industrial property. These standards apply to private streets as part of the city’s
responsibility to ensure adequate access for normal and emergency vehicle use to
individual parcels throughout the city.
6. Private streets are permitted only when all of the following conditions are met:
a) Private streets shall be allowed only for such streets that have no public interest
for traffic circulation and are to be built in accordance with the standards
adopted herein. Private streets are not allowed when in conflict with the
adopted road circulation plans or studies.
b) Permanently established by tract or easement providing legal access to each
affected lot, or business and sufficient to accommodate required
improvements, to include provision for future use by adjacent property owners
when applicable.
c) For private streets, constructed to standards as set forth herein; and for public
streets constructed to Community Street and Utility Standards. Private streets
shall meet the requirements of private streets located in the engineering
COML Special Meeting 2-17-26, Page 50 of 103
Page 18 of 52
standards within this chapter and have an average daily traffic count (AADT) of
160 or less vehicles per day utilizing current ITE guidelines.
d) Accessible at all times for emergency and public service vehicle use.
e) Not obstructing, or part of, the present or future public neighborhood circulation
or arterial plan developed in processes such as the comprehensive plan, or
capital improvement plan.
f) Designed for (AADT) of 160 or less vehicles per day utilizing current ITE
guidelines. New private streets directly accessing a city street that will generate
more than 160 AADT will be permitted only by approval of the city engineer and
will be required to meet the appropriate city street standards contained within
Community Street and Utility Standards. There is no maximum AADT provision
if a new development is served by an extension of, or spur off, an existing
private street; however, should such existing private street be less than the
standards considering the current and proposed AADT, the new development
may be denied unless a lower level of improvement has been approved by the
city engineer or the applicant assumes responsibility for bringing the existing
private street serving the new development up to these standards.
g) Maintained in accordance with these standards by a capable and legally
responsible owner, homeowner’s association or other legal entity made up of
all benefited property owners. A written street maintenance agreement
addressing the rights and responsibilities of all benefited property owners shall
be approved by the city prior to final approval of the land development. Said
street maintenance agreement shall be recorded and shall become a covenant
with the affected properties. The term “benefited property owners” shall include
the owners of record of all properties with frontage, including access rights, on
the private street or otherwise have legal access, whether constructed or not,
to the private street.
h) Clearly described as a private street not maintained by the city on the face of
the BSP. The city shall not maintain streets or signs within private easements
or rights-of-way. The face of the BSP containing a private road shall state the
following language: “The City of Moses Lake has no responsibility to improve
or maintain the private streets contained within, or private streets providing
access to, the property described in this plat.”
i) Clearly signed at the street location as a private street.
j) Private street signs with street designations shall be provided by the developer
at the intersection of private streets with private and public streets. Such signs
shall meet the specifications in the engineering standards and, in the case of
intersections with public streets, shall either be located within the public rightof-way or a separate easement shall be provided.
k) Private streets are the responsibility of the developer to construct in
accordance with the criteria of this section. Upon completion of the required
COML Special Meeting 2-17-26, Page 51 of 103
Page 19 of 52
improvements, the developer and his contractor shall notify the Public Works
director, and the Public Works director shall inspect the improvements for
compliance with the adopted standards. Upon completion of the required
improvements, certification by the developer and his contractor shall be
required stating that the improvements have been completed in accordance
with the adopted standards.
, and a
H. A schedule of construction and proposed phasing of improvements if the Applicant intends
to develop the site in phases.
IH. Draft covenants and restrictions for the development including provisions for long-term
maintenance for areas and facilities under common ownership.
IJ. Concurrency certificate.
General design principles for private Industrial and Commercial streets.
A. Street Network Circulation. The importance of good street network circulation for the
health, welfare and safety of the public cannot be overemphasized. Poor circulation
adds unnecessary miles to emergency services such as police and fire and the
traveling public.
1. Plans will be reviewed for the provision of the best possible street network
circulation and for conformance with the adopted comprehensive plan. The
street alignment may necessitate realignment in order to foster the long-range
transportation objectives of the city. The inclusion of permanent cul-de-sacs is
prohibited as they inhibit street network circulation and are not consistent with
the city comprehensive plan.
2. To facilitate the best possible street network circulation, the layout of streets is
to provide for the continuation of existing streets in adjoining properties. The
location for access to unplatted property shall be placed such that the
objectives in these standards can be achieved. Reserve easement strips or
tract may be required to prevent unauthorized access until such time as the
connecting streets are constructed.
3. All lots within the BSP shall be accessed by means of an internal street network.
This network may be public or private but not a mixture of both.
B. On-Site Principles. An integrated on-site street system should deliver vehicles from the
external street system in a manner easily understood by typical drivers and that
maximizes efficiency, accommodates anticipated traffic patterns and ensures public
safety.
1. Internal Vehicular Circulation. Internal circulation is the means by which
vehicular traffic is delivered between entry points and parking areas, pick-
COML Special Meeting 2-17-26, Page 52 of 103
Page 20 of 52
up/drop-off points, and service areas, and should be planned to accommodate
appropriate future traffic volumes.
2. Access Points. Streets and lots shall be laid out to provide individual lot access
onto an internal street system, hence via the internal street system to the
existing public street system. Direct access to a perimeter street shall normally
be denied except for direct access onto a designated local access street.
3. Parking. Parking shall be provided to meet site-generated demands and be
consistent with Chapter 15.715.
4. Private Commercial Streets Vehicular Queuing and Storage.
a. Access drives should provide adequate vehicular exit queueing.
b. Parking areas and access points of developments should be designed
so vehicles waiting to exit are aligned perpendicular to the off-site
street system.
c. Queuing areas of large developments should be sufficient so vehicles
queued at exits do not block internal circulation. Exits shall be
signalized if warranted by the MUTCD at build out.
d. Documentation shall be provided to verify queue lengths for signalized
intersections, on-site queueing reservoirs, and off-site left and rightturn lanes.
5. Private Commercial Building Service Drives. Building service drives are streets
adjacent to a building and its entrances, and should be designed with sufficient
width to serve as one or all of the following:
a. Fire and/or emergency vehicle access.
b. Pedestrian pick-up/drop-off points. Pedestrian crossings and pickup/drop-off points should be signed and striped to identify the
vehicular/pedestrian conflict.
c. Internal circulation.
d. Recirculation in parking areas. Recirculation aisles shall have
sufficient turning radii, clearances, sight distances and signing.
e. Transit passenger pick-up/drop off areas.
f. Private Commercial Building Service Drives should not be designed to
allow parking to back onto the drive. Rather the drive is the distribution
network to the parking aisles and parking areas.
6. Private Commercial Pedestrian, Bus, Bicycle, and Disabled Access Facilities.
The overall site plans must consider pedestrians, bus, bicycle, and disabled
access facilities.
a. Pedestrian Facilities. Pedestrian connections between public
transportation facilities and buildings shall be integrated into the
COML Special Meeting 2-17-26, Page 53 of 103
Page 21 of 52
overall project design. Pedestrian facilities shall be designed to reduce
the motor vehicle use for trips within the development and between
nearby developments.
b. Transit Facilities. Appropriate public transportation facilities, such as
passenger shelters, ride sharing areas and bus staging areas shall be
accommodated adjacent to service drive and entrance areas; at key
locations along circulation drives; and at major pedestrian focal points
along the external street system as determined by the city and Grant
Transit Authority.
c. Bicycle Facilities. Facilities for parking bicycles should be provided
where bicycle use is expected. Refer to MLUDC 15.715.050.
d. Disabled Access Facilities. Access for disabled persons shall be
provided in accordance with federal, state and city requirements.
7. Private Commercial Service and Delivery Vehicles. Service and delivery vehicles
require separate criteria for movement to and from the site:
a. Vehicle turning paths shall be sufficient to accommodate the largest
vehicles anticipated, a minimum single unit truck (SU).
b. Service vehicle access points shall have turning paths sufficient to
allow service vehicles to enter and exit the site without encroaching
upon opposing lanes or curbed areas.
c. External and internal streets shall have sufficient separation for large
vehicles to be queued on entry or exit without blocking access to
parking spaces or internal streets.
8. Commercial Private Street Specifications. Commercial Private Street shall
meet the following minimums to qualify as a private street and shall adhere to
the standards:
a. Not be greater than 660 feet in length and designed for (AADT) of
160 or less vehicles per day utilizing current ITE guidelines.
b. Serve multiple lots or business
c. Not connect to two points of public right of way, excepting for fire
lane that serves a single business.
d. Constructed to standard engineered principles.
e. Have a minimum travel surface of 24 feet in width, not including
shoulders.
f. Include a defined edge for the travel surface of curb. The type of curb
may vary from C-Class to Ribbon as applicable.
a.g. Include pedestrian corridor which may be both side standard
sidewalk, single side sidewalk, detached pathway, or other City
COML Special Meeting 2-17-26, Page 54 of 103
Page 22 of 52
approved corridor which connects to public right of way to each
business entrance.
h. Meet the Stormwater Management Manual for Eastern Washington
requirements.
9. Industrial Private Street shall adhere to the figure below. (Shall include a
minimum of detach five (5) wide asphalt pedestrian connecting corridor, as
approved by the City)
(Subsequent section remains unaltered)
15.320.050 Binding Site Plan Final Approval:
When all conditions of the binding site plan approval are met, including but not limited to the
installation of all required improvements, the Applicant shall submit the final binding site plan
together with the fee set forth in the adopted fee schedule to the Department for processing
and recording. The final binding site plan shall include the following:
A. Binding Site Plan Maps. Copies of the final binding site plan prepared by a licensed land
surveyor of the State of Washington, meeting the Department standards, showing the same
information as required under MLUDC 15.320.040, modified to include:
Proposed Amendment
(Previous section remains unaltered)
3. A certificate from the City Finance Director indicating that all assessments on the property
included in the binding site plan or dedication have been paid;
43. Signature blocks for approval by the Director, City Engineer, and the City Manager, and
date thereof, when the development complies with all conditions; and
COML Special Meeting 2-17-26, Page 55 of 103
Page 23 of 52
54. A notarized acknowledgment by the property owner(s) and mortgagee(s), if any, of the
approval of the final binding site plan and the dedication of public streets and other public
places.
(Subsequent section remains unaltered)
(Previous section remains unaltered)
15.320.090 Administrative Approval of Individual Lots:
Proposed Amendment
Once the final binding site plan is recorded, the creation of individual lot(s) other than lots
established by the recorded binding site plan may be administratively approved as a Type II
decision. The Applicant shall submit a completed application form and the required
application fee to the Department. The application must include the following:
A. Survey Required. The proposed lot(s) created must be surveyed by a licensed land
surveyor and the legal description for the lot must be prepared by the surveyor in accordance
with the Survey Recording Act (Chapter 58.09 RCW). All parties having an ownership interest
in the property shall sign the exemption application and the survey.
B. Compliance with Binding Site Plan. The lot(s) to be created meet the requirements set
forth in the recorded final binding site plan.
C. Minimum Lot Size. The lot(s) meet the minimum lot size in the zoning district.
D. The creation of the lots shall meet 15.320.100 Alteration of Approved Binding Site Plan.
The City will provide a decision in writing to the Applicant. The Department shall record the
approved survey containing the above information with the Grant County Auditor’s Office. All
fees for such recording shall be paid by the Applicant. No sale, lease, or transfer of any created
lot shall be completed prior to the recording of the approved survey.
(Subsequent section remains unaltered)
COML Special Meeting 2-17-26, Page 56 of 103
Page 24 of 52
Chapter 15.325
IMPROVEMENTS
Docket No. 26. Amendment to 15.325.040 to clarify “standard sidewalk with alternative
pathway.” Docket No. 32. Amendments to 15.325.040 and 15.705.030 to add cul-de-sac
standards and applicability with allowance for courts (define court/short cul-de-sac) to wave
sidewalk.
15.325.040 Street Design Standards:
A. Sidewalks and Street Trees. The following standards are applicable:
Proposed Amendment
(Previous section remains unaltered)
1. Width. Unless otherwise specified in the referenced guidelines or standards the minimum
sidewalk width shall be five feet plus accommodations for applicable stormwater and curb.
Standard sidewalks shall be installed for all public streets, excepting for the placement of
alternative Mmulti-use pathways,, as designed per Community Street and Utility Standards,
shall be used in place of a standard sidewalk for all streets. As part of a Binding Site Plan,
private sidewalks shall meet the private street standards; and public sidewalks shall meet the
public street standards.
(Subsequent section remains unaltered)
Proposed Amendment
(Previous section remains unaltered)
B. Street Design.
3. The Applicant shall be required to design easements and dedications in a manner which
facilitates the future development of the region as determined by the Director and in
accordance with the Community Street and Utilities Standards and consistent with the City of
Moses Lake Comprehensive Plan - Future Streets Map. This shall be accomplished by
establishing easements and dedications to the furthest lot line, as well as other similar
methods. Cul-de-sacs are prohibited unless authorized by the Director upon consultation with
the City Engineer. Permanent cul-de-sacs and dead-end streets are not permitted within new
developments except permanent cul-de-sacs may only be permitted where the applicant can
demonstrate that the street design provides an acceptable level of network circulation
considering the terrain (for example, street ending at a railroad, state route, or canal) and
adjacent existing street network and authorized by the Director upon consultation with the
City Engineer. Where a permanent cul-de-sac or dead-end street is permitted, the following
requirements shall apply:
COML Special Meeting 2-17-26, Page 57 of 103
Page 25 of 52
a. If allowed, permanent cul-de-sacs shall have a minimum right-of-way and street
section as specified in Community Street and Utilities Standards, excepting for
an alternative design that allows for the waiver of the planter strip and/or
sidewalk within the cul-de-sac which provides a greater turnaround radius for
emergency service. This alternative shall include crosswalk at terminus when
the sidewalk within cul-de-sac is waived. This alternative requires City Engineer
and Fire Marshal approvals.
b. Permanent dead-end streets in excess of 600 feet are prohibited.
(Subsequent section remains unaltered)
COML Special Meeting 2-17-26, Page 58 of 103
Page 26 of 52
Chapter 15.405
ZONES, OVERLAY ZONES, AND LAND USE
Docket No. 33. Amendments to 15.405.060 and/or 15.405.070 regarding living in an RV with
matching camping, campground, living in an RV outside of a campground and private
campground topics and distinctions. Docket No. 29. Amendments to 15.405.090 and
15.405.100 (R-1 and R-2) to add and allow differing lot coverage standards. Docket No. 27.
Amendment to Chapter 15.405 Zones, Overlay Zones, And Land Use and/or Chapter 15.410
Residential District Standards to reference Fencing- Clearview Triangle 15.725.010. Docket No.
34. Amendment to Table 15.405.070 to add “casino” / small “gambling” with separation
standard from schools, churches, and other youth / community activities. Docket No. 39.
Amendment to 15.405.060 Residential Land Uses by Zone to require commercial use on the
ground floor for Mixed Use Residential Development including a “percent” ground floor for ADA
unit(s). Docket No. 40 41. Amendment to 15.405.070 Nonresidential Land Uses by Zone to add
"Light Vehicle Retail Sales or Rentals, including passenger vehicles excluding heavy" with a
distinction from "Heavy vehicle sales or rental, including tractor trailers, RV’s, implements, etc.".
AND add “morgue” with adding a definition of “morgue.” Docket No. 44. Amendment to
15.405.110 to add lot dimensions to R-3 (lot width and depth) for single family development.
Docket No. 45. Amendments to 15.405.110 High Density Residential (R-3) Standards, Table
15.405.060 Residential Land Uses by Zone, and 15.105.026 to allow for “Zero Lot Line Home”
within R-1, R-2, and R-3 for interior lots only.
15.410.050 General Residential Performance Standards:
Proposed Amendment
(Previous section remains unaltered)
I. Fencing shall adhere to Chapter 15.725 Fences, Screening, and Refuse Storage Standards
(Subsequent section remains unaltered)
15.405.060 Residential Land Uses by Zone:
Proposed Amendment
Zones
Land
Use
Residential
Commercial
Mixed Use
R-1 R-2 R-3 C-1 C-1A
and
C-2
MLDUC
Industrial Public Reference
LH-I
I
P
(Previous section remains unaltered)
COML Special Meeting 2-17-26, Page 59 of 103
Page 27 of 52
R-1
R-2 R-3 C-1 C-1A C-2 L-I
RV Parks (for
housing) (7)
H-I P
15.415
P
(Subsequent section remains unaltered)
(Previous section remains unaltered)
R-1
R-2 R-3 C-1 C-1A C-2
L-I H-I P
15.410 15.415
Multifamily
Residential (8)
P
P(L
P(L) C
)
L – Accessory Use on second
floor
(Subsequent section remains unaltered)
(Previous section remains unaltered)
R-1
R-2 R-3 C-1 C-1A C-2
Mixed
Use
Residential
Development
(8)
P
P P
L-I H-I P
P
15.410 15.415
(Subsequent section remains unaltered)
(Previous section remains unaltered)
Zero Lot Line
PP
Home
15.410
15.415
P
(Subsequent section remains unaltered)
Development conditions (footnotes)
Proposed Amendment
(Previous section remains unaltered)
7
Camping, campground, living in an RV outside of a RV Parks for housing is further
regulated by Chapter 9.18 Camping and Campground, private Chapter 15.645 RV Parks.
8
Multifamily Residential shall not be located or operated on the ground floor of
buildings in the Downtown Zone C-1 or C-1A, excepting for ADA and/or Washington Barrier
free residential units which may be allowed up to 20% of the floor space or a single unit
whichever is greater, These facilities may not be located or operated on the ground floor of
buildings in the Downtown Zone.
COML Special Meeting 2-17-26, Page 60 of 103
Page 28 of 52
(Subsequent section remains unaltered)
(Previous section remains unaltered)
(Subsequent section remains unaltered)
15.405.070 Nonresidential Land Uses by Zone:
Proposed Amendment
Zones
Land
Use
Commercial
Residential
Mixed Use
and
R-1 R-2 R-3 C-1 C-1A
C-2 L-I
Industrial
MLDUC
Public Reference
H-I
P
C-1A
C-2 L-I
Commercial Uses
(Previous section remains unaltered)
R-1
R-2
R-3
C-1
Mini-casinos (9)
Punchboards, pull
tabs,
bingo,
or
similar social games
(10)
H-I
P
P
P
P
P
COML Special Meeting 2-17-26, Page 61 of 103
Page 29 of 52
R-1 R-2 R-3
Restaurant
C-1 C-1A C-2 L-I
H-I P
C (3) C (3) C (3) P
P
P
P
CUP and under 2,000 sq ft
Office, Personal
PC
C (3) C (3)
P
Services
(3)(L)
P
P
C
L -Size, location, 2nd floor
and defineCUP and under
2,000 sq ft
Retail Sales and
C (3) C (3) C (3) P
Services
P
P
P
C
CUP and under 2,000 sq ft
(Subsequent section remains unaltered)
(Previous section remains unaltered)
Industrial Uses
(Previous section remains unaltered)
R-1 R-2
R-3 C-1 C-1A C-2
Heavy vehicle sales or
rental, including tractor
trailers, RV’s, implements,
etc.
Light Vehicle Retail Sales
or
Rentals,
including
passenger vehicles
C
C
L-I
H-I
P
P
P
P
P
P
P
(Subsequent section remains unaltered)
Governmental, Utility, and Wireless Communication
R-1
R-2 R-3
Morgue
C-1
C-1A
C-2
L-I
H-I
P
C
C
P
P
P
P
(Subsequent section remains unaltered)
(Previous section remains unaltered)
Development conditions (footnotes)
(Previous section remains unaltered)
(3)Restaurants in the residential zones shall be no larger than 2,000 sq ft.Restaurants,
Personal Services Office(s), and Retail Sales and Services in the residential zones shall be no
larger than 2,000 sq ft.. Restaurants, Personal Services Office(s), and Retail Sales and
Services in the residential zones shall primarily serve the everyday needs of the residents
COML Special Meeting 2-17-26, Page 62 of 103
Page 30 of 52
within the immediate geographic area and contribute to the overall well-being and character
of the neighborhood; and generally do not attract significant customers from outside the area
(for example, family-owned grocery stores or markets, local pharmacies, neighborhood cafes
or restaurants, barber shops or hair salons, small hardware stores, daycare centers and local
artisan shops and bookstores). Restaurants, Personal Services Office(s), and Retail Sales and
Services in the residential zones shall meet the following:
a) Drive-through window shall meet the standards contained within the C- 1
zoning district standards (15.405.070 15.715.020),
b) Be located on the second floor for multi story buildings,
c) Orient the front of the building away from existing residences unless
determined by the Director,
d) Provide for pedestrian access and walkability within the neighbohoodr,
e) Not located on Local Street. When located on a Minor Collector, the property
must be a corner lot.
(Subsequent section remains unaltered)
(Previous section remains unaltered)
9. The following regulations shall apply to mini-casinos:
A. The space devoted to gambling and gaming activity and support services (i.e.,
security) shall not be more than eight thousand square feet. Other incidental uses such
as restaurant or nightclub uses shall not be restricted by the eight thousand square
feet limitation if no gambling or gaming activity occurs within such space.
B. Mini-casinos shall be located in:
a. A freestanding building; or
b. A unit in a larger development; provided, that the mini-casino is separated from
all other uses by a lobby or similar open space or common area from adjacent
units in the development, and that there are no other mini-casinos located on
site.
C. Mini-casinos shall not be permitted within 1,000 feet of schools, churches, parks and
other youth / community activities or facilities as measured by traveled way.
10. The following regulations shall apply to punchboards, pull tabs, bingo, or similar social
games:
A. Bingo and similar gaming activity is allowed in churches and community centers
(Subsequent section remains unaltered)
15.405.090 Low Density Residential (R-1) Standards:
COML Special Meeting 2-17-26, Page 63 of 103
Page 31 of 52
Table 15.405.090. R-1 Building Dimensional Standards
Proposed Amendment
(Previous section remains unaltered)
R-1 Building Dimensions
Standard
Reference
(Previous section remains unaltered)
Maximum Lot Coverage for Structures
70%
(Subsequent section remains unaltered)
15.405.100 Medium Density Residential (R-2) Standards:
Table 15.405.100. R-2 Building Dimensional Standards
Proposed Amendment
(Previous section remains unaltered)
R-2 Building Dimensions
Standard
Reference
(Previous section remains unaltered)
Maximum Lot Coverage for Structures
70%
(Subsequent section remains unaltered)
15.405.110 High Density Residential (R-3) Standards:
Table 15.405.110. R-3 Building Dimensional Standards
Proposed Amendment
R-3 Building Dimensions
Standard
Reference
(Previous section remains unaltered)
Minimum Lot Width (2) (4)
40 feet (25 on curves and cul-de-sac)
Minimum Lot Depth (4)
75 feet
(Subsequent section remains unaltered)
Notes:
(Previous section remains unaltered)
(4). The minimum lot width, depth, and size may be reduced in a subdivision as long as the
average of all of the lot sizes within the subdivision remains equal to or above the minimum
COML Special Meeting 2-17-26, Page 64 of 103
Page 32 of 52
lot size. All lots must comply with all other requirements, including but not limited to
minimums set forth in Title 16 MLMC, Buildings and Construction.
(Subsequent section remains unaltered)
COML Special Meeting 2-17-26, Page 65 of 103
Page 33 of 52
Chapter 15.410
RESIDENTIAL DISTRICT STANDARDS
15.410.020 Low Density Residential (R-1) Standards
Proposed Amendment
(Previous section remains unaltered)
F. Accessory. Accessory structures shall be setback pursuant to:
•
15.110.020 Setback Measurements,
•
15.415.010 Accessory Dwelling Units,
•
All underlying zoning standards and setbacks within 15.405.090 Low Density
Residential (R-1) Standards,
•
15.405.100 Medium Density Residential (R-2) Standards,
•
15.405.110 High Density Residential (R-3) Standards, as applicable,
•
aA minimum of five (5) feet from the primary structure.
(Subsequent section remains unaltered)
COML Special Meeting 2-17-26, Page 66 of 103
Page 34 of 52
Chapter 15.415
HOUSING TYPE STANDARDS
Docket No. 2. Amendment to 15.415.010 and 15.650.030 to allow Short Term Rentals of ADUs
with criteria that at least one dwelling unit must be “full term” rental or owner occupied (specific
to short term rental) Docket No. 9. Amendment to 15.410.020 (F) to reference measurement
standards (15.110.020 Setback Measurements) and as applicable.
15.415.010 Accessory Dwelling Units:
Proposed Amendment
(Previous section remains unaltered)
M. Short Term Rentals. Short Term Rentals of ADUs are prohibitedare allowed for either the
primary unit or Accessory Dwelling Unit (ADU). At least one dwelling unit shall be a long term
rental or owner occupied.
(Subsequent section remains unaltered)
COML Special Meeting 2-17-26, Page 67 of 103
Page 35 of 52
Chapter 15.420
NONRESIDENTIAL AND MIXED-USE DISTRICT STANDARDS
Docket No. 16. Amendment to 15.420.020 building articulation to simplify “Roofline.”
15.420.020 Commercial and Mixed Use Design Standards:
Proposed Amendment
(Previous section remains unaltered)
F. Roofline Modulation. In order to qualify as a roofline modulation treatment in the
standards herein, rooflines shall be varied by emphasizing dormers, chimneys, stepped roofs,
gables, or a broken or articulated roofline consistent with the required articulation interval.
Modulation shall consist of either:
1. Flat roofs shall have cornices, parapets, or similar special features to act as the top of
the building.
1. Flat Roof. For flat roofs or facades with horizontal eave, fascia, or parapet, the
minimum vertical dimension of roofline modulation is the greater of two (2) feet or
one-tenth (0.1) multiplied by the wall height (finish grade to top of the wall) when
combined with vertical building modulation techniques described in subsection (C)(1)
of this Section. Otherwise, the minimum vertical dimension of roofline modulation is
the greater of four (4) feet or two-tents (0.2) multiplied by the wall height;
2. Pitched or Sloped Roof. A sloped or gabled roofline segment of at least twenty (20)
feet in width and include varied slopes. The roofline must include modulated segments
at no more than the interval required per the applicable standard above; or
3. Combination. A combination of the above.
(Subsequent section remains unaltered)
COML Special Meeting 2-17-26, Page 68 of 103
Page 36 of 52
Chapter 15.510
SEPA REGULATIONS
Docket No. 49. Amendment to clarify appeal language for allowed uses (no ability to appeal
underlying permit) and no appeal of SEPA. (NOTE: This section shall not be amended but is
included for a complete record of processing.)
15.510.220 Appeals:
B. Administrative Appeals. The City establishes the following administrative appeal
procedures under RCW 43.21C.075 and WAC 197-11-680:
1. Procedural Appeals.
a. Any person may appeal the City’s procedural compliance with this Chapter for issuance
of the following:
Proposed Amendment
(Previous section remains unaltered)
i.
There shall be no administrative appeal for SEPA determination of an unappealable
underlying action. For example, SEPA attached for a building permit. The Moses Lake
Municipal Code does not provide an administrative appeal of a building permit, and
thereby, does not have an appeal of a related SEPA threshold determination.
i.ii.
A DNS: Appeal of the DNS must be made to the Hearing Examiner within fourteen
(14) calendar days of the date the DNS is final. This appeal period shall be extended
for an additional seven (7) calendar days if the DNS provides for public comment.
Except as provided herein, the appeal shall be consolidated with any hearing or
appeal of the underlying permit.
ii.iii.
A DS: Appeal of the DS must be made to the Hearing Examiner within fourteen (14)
calendar days of the date the DS is issued. An appeal is not required to be
consolidated with a hearing or appeal on the underlying permit.
iii.iv.
Agency action: Appeals of a procedural determination made by the City when it is the
project proponent or is funding the project, and appeals of a procedural
determination made by the City on a nonproject action need not be consolidated with
a hearing or appeal on the underlying action.
(Subsequent section remains unaltered)
COML Special Meeting 2-17-26, Page 69 of 103
Page 37 of 52
Chapter 15.640
MINI STORAGES
Docket No. 24. Amendments to 15.640.020 and 15.640.030 adding provision for screening
ministorage.
15.640.020 Mini Storage Development Standards – General Commercial and Business
Zone (C-2):
Proposed Amendment
(Previous section remains unaltered)
D. All developments shall comply with parking, landscape and buffering, sign, and outdoor
lighting requirements set forth in MLUDC Part 15.700. When ministorage is adjacent to a
residential zone, the landscaping shall be augmented with the installation of a six (6) foot
tall sight obscuring fencing. The fencing shall be located outside of the required landscaping
and interior to the property line. As applicable, fencing shall meet the 15.725.010 Clearview
Triangle standards.
(Subsequent section remains unaltered)
15.640.030 Mini Storage Development Standards – High Density Residential (R-3):
Proposed Amendment
(Previous section remains unaltered)
E. All developments shall comply with parking, landscape and buffering, sign, and outdoor
lighting requirements set forth in MLUDC Part 15.700. When ministorage is adjacent to a
residential zone, the landscaping shall be augmented with the installation of a six (6) foot
tall sight obscuring fencing. The fencing shall be located outside of the required landscaping
and interior to the property line. As applicable, fencing shall meet the 15.725.010 Clearview
Triangle standards.
(Subsequent section remains unaltered)
COML Special Meeting 2-17-26, Page 70 of 103
Page 38 of 52
Chapter 15.610
CARGO CONTAINERS
Docket No. 7 8. Amendment to 15.610.020 General Provisions to remove “new” for cargo
containers with standards and criteria Amendment to 15.610 to create criteria and approval
requirements for cargo containers.
15.610.020 General Provisions:
Proposed Amendment
The following applies to the installation and use of new cargo containers.
A. Cargo containers are allowed in the commercial and industrial zones and shall be
processed as a Type I permit.
B. Active building construction cargo containers. Except for temporary, less than 180
days, during and for active building construction Ccargo containers, cargo containers
are prohibited in the Residential and Downtown (C-1) zones.
C. Active building construction cargo containers. Licensed and bonded contractors may
use cargo containers on-site for the temporary use, less than 180-days, location for
an office, equipment, or materials storage structure during construction which is
taking place on the property. A one-time extension of 180-days may be approved by
the Director.
D. Active building construction cargo containers are exempt from subsection F.
E. Cargo containers are not a use but an alternative form of storage. The use of the
cargo container shall conform with the standards of the underlying zoning district.
F. Cargo containers shall not be visible from public rights of way. To screen cargo
containers, view obscuring fencing or berm may be installed. Landscaping shall not
be considered for screening purposes. If not screened, cargo containers shall adhere
to 15.420.030 Commercial Design Standards.
G. Where allowed, cargo containers shall be an accessory structure.
H. Cargo containers used for cryptocurrency and data centers shall adhere to Chapter
15.615 Cryptocurrency and Data Centers.
A.I. Storage of junk, inoperable vehicles, scrap materials, garbage, or the like is strictly
prohibited in cargo containers.
B.J.
Cargo containers shall not be used for any types of human occupancy or
animal sheltering.
C.K.
Cargo containers shall not be stacked.
COML Special Meeting 2-17-26, Page 71 of 103
Page 39 of 52
D.L.
Cargo containers must be placed on an improved surface such as gravel,
asphalt, or concrete, and must be placed fully on said surface and any axles must be
removed.
E.M.
Cargo containers shall comply with the underlying zone building setback
requirements.
F.N.
Materials stored within cargo containers are subject to review and approval by
the Fire Department. Cargo containers used in conjunction with a business
regardless of zoning are also subject to review and approval by the fire district.
G.O.
Licensed and bonded contractors may use cargo containers on-site for the
temporary location of an office, equipment, or materials storage structure during
construction which is taking place on the property.For permanent commercial and
industrial uses, cargo containers must undergo standard building permit procedures.
H.P.
Temporary use of commercial or industrial cargo containers will be
determined on a case-to-case basis on the authority of the Director. Time limits may
be set and inspections required.
(Subsequent section remains unaltered)
COML Special Meeting 2-17-26, Page 72 of 103
Page 40 of 52
Chapter 15.650
SHORT TERM RENTALS
15.650.030 Eligible Dwellings and Limitations:
Proposed Amendment
(Previous section remains unaltered)
A Short Term Rental dwelling may be located in a single-family dwelling, an accessory
dwelling unit, or a condominium dwelling. Excepting condominium dwellings, at least one
dwelling unit shall be a long term rental or owner occupied No more than one (1) Short Term
Rental shall be allowed on a single parcel, except that this limitation shall not apply to
condominium dwellings.
(Subsequent section remains unaltered)
COML Special Meeting 2-17-26, Page 73 of 103
Page 41 of 52
Chapter 15.705
COMMUNITY DESIGN STANDARDS
15.705.010 Compliance with Standards and Guidelines
Proposed Amendment
(Previous section remains unaltered)
A. Application. Except as allowed within the exemptions below, Aall development shall
comply with the design standards and guidelines applicable to the type of use and/or the
district in which the proposed development is located. The Director, or other decision maker
so specified, shall have the authority to apply the standards to specific development
proposals as conditions of approval. Except as allowed within the exemptions below, no
development and/or building permit shall be issued for any lot, tract or parcel of land in
violation of this and other City of Moses Lake standards and specifications. Except as
allowed within the exemptions below, no building permit or other development permit shall
be issued for any lot, tract or parcel of land without installation or the existence of: city
sewer meeting adopted city standards, city water including fire protection devices meeting
adopted city standards, conformance to lot size requirements, city street meeting adopted
street standards, city sidewalk and curb improvements meeting city standards, stormwater
control meeting city adopted standards, necessary dedicated rights of way for
infrastructure, legal access to the site, and within a legal lot of record.
The following are exempt from section A above:
1. Water connection when located within a differing Group A Community Water
System.
2. Excluding subdivision (subdivisions do not qualify for this exemption),
development of an existing vacant lot within a developed neighborhood may
be allowed if the City Council finds that the public interest will not be adversely
affected by the issuance of such a permit. The standards to determine if the
public interest will be adversely affected includes but is not limited to
consideration of the installation or existence of adequate sewer and water,
conformance to lot size requirements, existence of street, sidewalk and curb
improvements, access to the site, all as respects the proposed building site
and the surrounding area. The City Council may condition the issuance of a
building permit on the installation or completion of such utility, street and
sidewalk improvements or other conditions as the City Council deems
appropriate. The City Council shall make the grant of the privilege to develop
on an existing vacant lot within a developed neighborhood specific as to the
proposed building activity. The grant of such privilege shall expire if a building
permit is not obtained within six (6) months of the adoption of the resolution
provided for herein unless the applicant requests and obtains an additional
thirty (30) day extension from the Community Development Director. Any
request for the thirty (30) day additional extension must be submitted in
COML Special Meeting 2-17-26, Page 74 of 103
Page 42 of 52
writing to the Community Development Director prior to the expiration of the
six (6) month limitation period. The Community Development Director has the
discretion to grant the additional extension only when no significant
development code changes have occurred or will occur during the extension
period, there is demonstrable proof of substantial progress made by the
applicant, and the request serves the public health, safety and welfare. No
more than one (1) thirty (30) day additional extension may be granted to any
applicant. The City Council shall only direct the issuance of such a permit by a
resolution of the City Council. Development of an existing vacant lot within a
developed neighborhood shall include infrastructure similar to that of the
neighborhood. In such case, the street and associated improvements shall
meet the standards of the neighborhood rather than that of the street
standards. Water, sewer and fire protection shall meet adopted standards.
The City may require a fee-in-lieu of installation of improvements at the sole
discretion of the City Council after review of the applicant’s request, review
and concurrence by the City Engineer, and submittal of an engineered cost
estimate. Fee-in-lieu of improvements, shall be remitted to the City to fulfill the
requirements of this section.
3. Demolition and reconstruction of an existing structure.
4. Remodeling of an existing, legally conforming building.
5. Fences.
6. Signs accessory to existing, legally conforming building, except for offpremise signs.
7. Construction of an Accessory Dwelling Unit.
8. Placement or construction of an accessory structure.
9. Additions to existing residence(s) less than 50% of Grant County Assessor’s
residential value.
B. Standards Adopted by Reference. This Chapter recognizes and incorporates the
standard details for construction of public improvements, as it exists now or as it may
hereafter be amended. The City Council has established by resolution the standard details
for construction of public improvements, and other matters pertaining to the MLUDC. The
standard details for construction of public improvements shall be kept by the City Engineer
or the City Clerk and may be altered or amended by resolution of the City Council. Where
conflicts or inconsistencies arise between the standard details for construction as approved
by resolution of the City Council and those in other code requirements, the standard details
for construction as approved by resolution of the City Council supersede those in other code
requirements. Referenced guidelines or standards:
1. Comprehensive Plan
2. Community Street and Utility Design Standards
2.3.
Mapping Standards Manual
COML Special Meeting 2-17-26, Page 75 of 103
Page 43 of 52
3.4.
Trails and Activity Paths
4.5.
Parks, Recreation Open Space Plan
5.6.
Shoreline Master Program
6.7.
Stormwater Management Manual for Eastern Washington
7.8.
Complete Streets
8.9.
Housing Action Plan
9.10.
Wastewater Facility Plan
10.11.
Water System Plan
(Subsequent section remains unaltered)
15.705.030 Street Design:
Proposed Amendment
(Previous section remains unaltered)
C. The Applicant shall be required to design easements and dedications in a manner which
facilitates the future development of the region as determined by the Director and consistent
with the City of Moses Lake Comprehensive Plan - Future Streets Map. This shall be
accomplished by establishing easements and dedications to the furthest lot line, as well as
other similar methods. Cul-de-sacs are prohibited unless authorized by the Director upon
concurrence with the City Engineer. Permanent cul-de-sacs and dead-end streets are not
permitted within new developments except where permanent cul-de-sacs may only be
permitted where the applicant can demonstrate that the street design provides an acceptable
level of network circulation considering the terrain (for example, street ending at the water’s
edge of Moses Lake) and adjacent existing street network and authorized by the Director
upon consultation with the City Engineer. Where a permanent cul-de-sac or dead-end street is
permitted, the following requirements shall apply:
a. . If allowed, permanent cul-de-sacs shall have a minimum right-of-way and street
section as specified in Community Street and Utilities Standards, excepting for an
alternative design that allows for the waiver of the planter strip and/or sidewalk within
the cul-de-sac which provides a greater turnaround radius for emergency service. This
alternative shall include crosswalk at terminus when the sidewalk within cul-de-sac is
waived. This alternative requires City Engineer and Fire Marshal approvals.
.
b. Permanent dead-end streets in excess of 600 feet are prohibitedCul-de-sacs are
limited and only allowed authorized by the Director upon consultation with the City
Engineer.
(Subsequent section remains unaltered)
COML Special Meeting 2-17-26, Page 76 of 103
Page 44 of 52
Chapter 15.710
PROJECT DESIGN STANDARDS
Docket No. 25. Amendment to 15.710.020 Site Design (A) (5) (a) and (b) adding one (single)
street access (driveway/aisles) per street frontage and/or per 350ft of linear feet (single front)
with potential for commercial and industrial flexibility.
15.710.020 Site Design:
A. Site Design. The following design elements shall be applied to all projects:
Proposed Amendment
(Previous section remains unaltered)
5. On-Site Vehicular Circulation, Parking, and Bicycle Facilities.
a. Excepting for single dwelling, duplex and triplex on single lot development,
Vvehicular access points from public streetsroads or primary private drives
shall be limited to one (single) access per street frontage or one per 250 linear
street frontage in compliance with Standard Detail A-6 (Community Streets
and Utilizes Standards), and by sharing driveways and linking parking lots
between adjacent uses.
a.b.
Single dwelling, duplex and triplex on single lot development shall meet
Standard Detail A-6 (Community Streets and Utilizes Standards) and other
residential standards,
b.c.
On-site primary vehicular circulationaisle drives shall be separated and
to provide minimalreduce vehicular conflict with parking areas.
(Subsequent section remains unaltered)
(Previous section remains unaltered)
e. Parking, bicycle, and other associated improvements shall adhere to Chapter 15.715
Parking.
(Subsequent section remains unaltered)
COML Special Meeting 2-17-26, Page 77 of 103
Page 45 of 52
Chapter 15.715
PARKING
Docket No. 5. Amendment to 15.715.110 Electric Vehicle Charging Station Standards to allow
more flexibility in parking credit and/or reduction of parking. Amendment must meet SB 5184
which caps the minimum parking requirements. Docket No. 37. Amendment to 15.715.020 to
allow for and require separating access on corner lots with fourplex development.
15.715.110 Electric Vehicle Charging Station Standards:
Proposed Amendment
(Previous section remains unaltered)
A. Parking spaces designated for electric vehicle charging shall be included in the calculation
of the number of off-street parking spaces provided pursuant to this Chapter. For example: if
the total required parking spaces are 25 and the required electric vehicle parking spaces are
three (3), then the total spaces remains 25. Electric vehicle parking spaces are not added to
other required spaces. See Electric Vehicle Parking Reduction for final stall count.
(Subsequent section remains unaltered)
(Previous section remains unaltered)
E. Alternative Electric Vehicle Parking BonusReduction. The addition and/or inclusion of any
electric vehicle parking space(s) will receives a bonus of a reduction of 20% from the overall
parking requirement upon request and as approved by the Director. For example: if the total
required parking is 25 spaces and includes any electric vehicle parking spaces, then the
required overall spaces may be 20 upon request and as approved by the Director. This
calculation is singular and may not be applied more than once.
(Subsequent section remains unaltered)
15.715.020 General Standards:
Proposed Amendment
(Previous section remains unaltered)
C. Use of Streets. Except for single-family dwelling, duplex or triplex unit driveways, access
or aisles shall be designed in a manner which does not permit backing movements or other
maneuvering within or onto a street other than an alley. Fourplexes on corner lots shall
include safe intersection separations. Fourplexes on corner lots shall have access onto
each frontage to a maximum of two driveways per frontage.
(Subsequent section remains unaltered)
COML Special Meeting 2-17-26, Page 78 of 103
Page 46 of 52
Chapter 15.720
LANDSCAPING AND BUFFERING
Docket No. 28. Amendment to 15.720.040 Buffer Landscaping to add flexibility for industrial
property to strike entire front landscaping standard and add landscaping for entrances or as
alternative landscaping at the building front.
15.720.040 Buffer Landscaping:
Table 15.720.040. Buffer Landscaping
Proposed Amendment
(Previous section remains unaltered)
Subject Property Use
Adjacent Use
Freeway or Highway
Street Frontage
Residential Subdivision
Multifamily
Manufactured
Commercial Industrial
Home Park
Type I
Type I
Type I
Type II
Type II
20' wide
20' wide
20' wide
10' wide
10' wide (1)
Type IV
Type IV
Type IV
Type IV
Type IV
5' wide
5' wide
5' wide
10' wide
20' wide (1)
Notes:
(1) Alternative landscaping for the Street, Freeway or Highway buffer (frontage) within the
Industrial Districts may be allowed meeting the following: A) This landscaping shall only be
required at the entrance(s) or “treelined driveway;” B) The entrance or lined driveway area shall
not be less than 200% of the driveway width measured from equal distance from the driveway
edge; C) The Clearview Triangle shall be maintained; and D) The remainder of the property
fronting public right-of-way may be fenced to the property line or the area may include gravel
mulch.
(Subsequent section remains unaltered)
COML Special Meeting 2-17-26, Page 79 of 103
Page 47 of 52
Chapter 15.735
SIGNS
Docket No. 10. Amendment to 15.735.040 and 15.735.080 adding criteria, standards and
definitions to and addressing off premise signs, billboards and public directional signs.
15.735.040 Prohibited Signs:
The following signs are prohibited:
Proposed Amendment
(Previous section remains unaltered)
D. Billboards, excepting “Off-Premises Signs” that meet the standards. within 15.735.080
(Subsequent section remains unaltered)
15.735.080 Sign Types Permitted By Zone:
Table 15.825.080-1. Type of Signs, Maximum Height, and Maximum Sign Area Permitted
in Non-Residential Zones
Proposed Amendment
COML Special Meeting 2-17-26, Page 80 of 103
Page 48 of 52
Zone
Types of
Allowed
Signs Number of Max. Sign Max. Sign
Signs
Face Area Height
Commercial or Mixed Use
Off-Premises
Directional (1)
(Subsequent and previous Off-Premises (1)
sections remain unaltered)
Industrial
1 sign
150 square 25 feet
feet
On-Premises
Directional
No limit
8 square feet 6 feet
Off-Premises
Directional (1)
1
per 150 square 25 feet
business
feet
(Subsequent and previous Off-Premises (1)
sections remain unaltered)
Public/Parks and Open Space
1
per 150 square 25 feet
business
feet
1 sign
150 square 25 feet
feet
On-Premises
Directional
No limit
8 square feet 6 feet
Off-Premises
Directional (1)
1
per 150 square 25 feet
business
feet
(Subsequent and previous Off-Premises(1)
sections remain unaltered)
On-Premises
Directional
1 sign
150 square 25 feet
feet
No limit
8 square feet 6 feet
Notes:
1. Off Premise and/or Off Premise Directional sign requires a Conditional Use Permit; may be
allowed within a residential district when located adjacent to an arterial street, the sign and
property must be owned by and advertise the same business; shall be located on vacant
property (the use of residential yard is strictly prohibited); shall be located outside of right-orfway, and shall be located no greater than 500 ft from the business being advertised as
measured from the property line of the business to the sign.
(Subsequent section remains unaltered)
COML Special Meeting 2-17-26, Page 81 of 103
Page 49 of 52
Chapter 16.02
BUILDING PERMITS
Docket No. 1. Amendment to 16.02.045 “Building Prior to Filing Final Plat” by adding
“structures” and removing “dwellings”
16.02.045 Building Prior to Filing Final Plat:
Building permits are allowed to be issued with preliminary subdivision approval prior to filing
the final plat after the following conditions are met:
Proposed Amendment
(Previous section remains unaltered)
C. The site and dwellingstructure(s) shall meet the normal requirements for residential
building permits including Title 18, Zoning15. The owner of the subdivision shall be the
applicant for the structure(s).
D. Up to a total of four (4) dwellings structures are permitted in each subdivision phase.
Prior to approval of dwellings in phases, the prior phase(s) shall be approved, final, and
recorded.
(Subsequent section remains unaltered)
(Previous section remains unaltered)
I. Improvements required by Title 12, Streets, Sidewalks, and Public Places, that serve the
dwellingstructures(s) shall be completed in accordance with the accepted engineering plans
prior to final inspection and issuance of a certificate of occupancy for dwellings.
(Subsequent section remains unaltered)
(Previous section remains unaltered)
K. Prior to final plat or final short plat approval, the subdivider shall submit supplemental
documentation that the dwellingstructures(s) and any appurtenant/accessory structures
were constructed within the boundaries of the proposed lot(s) and said structures comply
with all applicable development and dimensional standards.
L. There shall be no sale of dwelling(s) prior to recording of the final plat or final short plat.
M. No dwelling structure shall be inhabited and/or occupied as a residence prior to
recording of the final plat or short plat and issuance of a certificate of occupancy. One (1)
model dwelling unit may be used as a temporary marketing center/office after final
inspection and issuance of a temporary certificate of occupancy. Other dwellings structures
COML Special Meeting 2-17-26, Page 82 of 103
Page 50 of 52
may be furnished and decorated to show the general public after final inspection and
issuance of a temporary certificate of occupancy.
(Subsequent section remains unaltered)
COML Special Meeting 2-17-26, Page 83 of 103
Page 51 of 52
Docket No. 12, 13, 14. Amendment to 15.405.090 number (3) = (5) in the table; Amendment
to 15.405.100 number (2) = (4) in the table; and Amendment to 15.405.110 number (4) = (6)
in the table. (NOTE: This section shall not be amended but is included for a complete record
of processing.)
Table 15.405.090. R-1 Building Dimensional Standards
Proposed Amendment
Not applicable.
Code Publishing addressed
COML Special Meeting 2-17-26, Page 84 of 103
Page 52 of 52
STATE OF WASHINGTON
DEPARTMENT OF COMMERCE
1011 Plum Street SE PO Box 42525 Olympia, Washington 98504-2525 (360) 725-4000
www.commerce.wa.gov
1/XX/2024
DRAFT LETTER
Ms. Michelene Torrey
Planning Technician
City of Moses Lake
401 S Balsam
Post Office Box 1579
Moses Lake, WA 98837
Sent Via Electronic Mail
Re: Proposed Changes to City of Moses Lake's Comprehensive Plan and Development
Regulations Submittals 2025-S-11380 and 205-S-11379
Dear Ms. Torrey:
Thank you for the opportunity to comment on the proposed changes to City of Moses Lake's
Comprehensive Plan and Development Regulations. We appreciate your coordination with our
agency as you work to achieve the community’s vision consistent with the goals and
requirements of the Growth Management Act (GMA). We encourage you and your community
to consider the following as you present these amendments to your appointed and elected
officials.
We have a suggestion for strengthening your regulations that we encourage you to consider
during this amendment:
• We like your amendments to the docketing provisions in MLUDC 15.240.040 B. We
encourage the city to review WAC 365-196-640 (6). Specifically, the docketing provisions
could be strengthened by specifying what information must be included in an application;
identifying what types of amendments may be considered during an annual amendment
cycle; and identifying the authority the city council has in finalizing the docket, that is, not
including an item in a final docket, delaying an item to a future docket, or modifying a
docket item. Additionally, the docketing provisions could include the procedural steps of the
final docket, for example, identifying the docket will be forwarded to planning commission
for review, a public hearing, and recommendation to the city council this would be valuable
to staff, the officials, applicant, and the public.
We have a suggestion for strengthening your regulations that we encourage you to consider
during future amendments:
COML Special Meeting 2-17-26, Page 85 of 103
•
There are a number of amendments to the accessory dwelling unit provisions that will need
to be revisited during the periodic update. The city will need to ensure the ADU provisions
are consistent with RCW 36.70A.680-681. In the periodic update you’ll want to review the
setback provisions to ensure they are consistent with RCW 36.70A.681(1)(i). Additionally,
MLUDC 15.410.010 limits the use of either the primary dwelling or the accessory dwelling
as a short-term rental. RCW 36.70A.680(5) allows the city to restrict the use of the accessory
dwelling unit for short-term rentals, it's not clear the same provision applies equally to the
primary units. Note that these limits may also apply to the amendments in Chapter 15.650
MLUDC.
We have concerns that you should address before you adopt your plan and associated
development regulations:
• The city is proposing amendments to Comprehensive Plan Policies 5.1.7 and 5.1.14 and a
seemingly related development regulation amendment in MLUDC 15.705.010. The changes
to the comprehensive plan change the word “require” to “encourage”. These amendments
appear to allow new development within the city without connecting to public sewer and
public water. There are two related concerns with these potential amendments: (1)
development will be allowed that is not urban in scale or (2) if development is allowed at
urban densities the development may impact groundwater used for public water supplies.
These concerns are rooted in WAC 365-196-320(1) and RCW 36.70A.070(1). WAC 365196-320(1)(d) states in part: “[a]t a minimum, adequate public facilities in urban areas should
include sanitary sewer systems, and public water service.... The services provided must be
adequate to allow development at urban densities and serve development at densities
consistent with the land use element...”, and RCW 36.70A.070(1) states in part: “The land
use element shall provide for protection of the quality and quantity of groundwater used for
public water supplies.”
Together these GMA provisions require that development inside the city to be at urban
densities and such development is served by public sewer and water. The statute recognizes
that cities are not obligated to install sanitary sewer to properties within the UGA when those
properties: have existing, functioning, nonpolluting on-site sewage systems; have a periodic
inspection program to verify the on-site sewage systems function properly and do not pollute
surface or groundwater; and have no redevelopment capacity; or do not require sewer service
because development densities are limited due to critical areas (see RCW 36.70A.110(11).
The provisions for a city allow on-site sewer imply that it is intended for existing
development versus new development and thus in the comprehensive plan that is forward
looking and setting policy for future land development, the original language of the policy
that requires connection, versus encourage, would be more appropriate.
There appears to be corresponding amendment to the development regulations in MLUDC
15.705.010. The amendment to subsection A states in part “Except as allowed within the
exemptions below [subsections 1-9], no building permit or other development permit shall be
issued for any lot, tract or parcel of land without the installation or the existence of: city
sewer meeting adopted city standards, city water including fire protection devices meeting
Page 2 of 4
COML Special Meeting 2-17-26, Page 86 of 103
adopted city standards, conformance to lot size, city street meeting adopted street standards,
city sidewalk and curb improvements meeting city standards, stormwater control meeting
city adopted standards, necessary dedicated rights of way for infrastructure, legal access to
the site, and within a legal lot of record.” We have concerns and suggestions about three of
these exemptions. The paragraphs below summarize our concerns and provide suggestions to
subsections 1, 2, and 7
Subsection 1 identifies an exemption for developments “within a differing Class A water
system”. It is unclear why the city would want to provide an exception to connect to a water
system. Ideally, the city’s concurrency requirements would simply require that all
developments within the city have a water concurrency certificate or some documented
evidence that development requiring water would be connected to a public water system.
Regardless of whether connected to the city system or some other water system. The
suggestion is to delete the exception entirely.
Subsection 2 appears to exempt infill development from the requirements of city standards
and guidelines. It’s unclear what city standards and guidelines would be required on an
existing vacant lot. Additionally, it’s unclear if an existing lot would be required to connect
to sewer and water. A portion of the subsection states: “the city council may condition a
building permit on the installation or completion of such utility, street and sidewalks.” The
inclusion of utilities implies that infill development could happen without access to utilities
could be allowed unless conditioned by city council. All development, including infill
development, should be connected to public sewer or minimally have plans to connect to
sewer (see WAC 365-196-320(1) and RCW 36.70A.070(1)). The suggestion is to modify the
section to ensure that all new developments will connect to public sewer consistent with your
capital facilities element in your comprehensive plan.
Subsection 7 exempts accessory dwelling units from the requirements of city standards and
guidelines. A plain reading implies that ADUs would not be required to provide/ connect to
any of the items listed in section “A”. Like the comments about subsection 1 and 7 above,
ADUs within the city at a minimum are connected to water and sewer.
Thank you again for the opportunity to comment. If you have any questions or need technical
assistance, please feel free to contact me at [email protected] or (509) 606-3501.
Sincerely,
Chaz Bates, AICP
Senior Planner
Growth Management Services
cc:
Dave Andersen, AICP, Managing Director, Growth Management Services
Page 3 of 4
COML Special Meeting 2-17-26, Page 87 of 103
Ben Serr, AICP, Eastern Regional Manager, Growth Management Services
Page 4 of 4
COML Special Meeting 2-17-26, Page 88 of 103
2025 MLUDC Code Amendments – Docket
Annotated
1. Amendment to 16.02.045 “Building Prior to Filing Final Plat” by adding
“structures” and removing “dwellings”
Reason - Planning Commissioner recommendation to allow advance construction at
preliminary subdivision stage (with parameters) for any form of subdivision, not just
residential.
2. Amendment to 15.415.010 and 15.650.030 to allow Short Term Rentals of ADUs
with criteria that at least one dwelling unit must be “full term” rental or owner
occupied (specific to short term rental)
Reason - Planning Commissioner recommendation to change the prohibitions of short
term rentals in Accessory Dwelling Units with parameters. The result is an opportunity
for short term rental for all dwelling units and some level of nuisance reduction with long
term occupant.
3. Amendment to 15.640.040 to allow 95% compacted gravel for parking and
loading regarding Mini Storage Development Standards within the Industrial
Zones (L-I and H-I), and amendment for an allowance to use engineered product
for “low trip volume” areas regarding mini storage.
Completed with Ordinance No. 3082 - November 25, 2025
4. Amendment to Chapter 15.105 to add definition of engineered product for “low
trip volume” areas. The engineered product definition should include porous /
pervious materials.
Completed with Ordinance No. 3082 - November 25, 2025
5. Amendment to 15.715.110 Electric Vehicle Charging Station Standards to allow
more flexibility in parking credit and/or reduction of parking. Amendment must
meet SB 5184 which caps the minimum parking requirements.
Reason - Planning Commissioner recommendation to give relief in construction of EV
parking. The credit and reduction results in a form of balance for parking that is used for
EV without adding more stalls and reducing costs for stall construction.
6. Amendment to 15.105.009 “Industry, Heavy” match number and add “primary”
Reason – Text revision to fix sentence structure that will now read correctly.
Page 1 of 10
COML Special Meeting 2-17-26, Page 89 of 103
7. Amendment to 15.610.020 General Provisions to remove “new” for cargo
containers with standards and criteria.
Reason – Over time and with code updates, “new” is not monitored. In addition, cargo
containers are placed in areas that appear contrary to the surrounding neighborhood
and “look” out of place. Also, the allowance of storage containers during construction
was added to the text changes.
8. Amendment to 15.610 to create criteria and approval requirements for cargo
containers.
Reason – This amendment was combined with No. 7. Basically, cargo containers
appear contrary to the surrounding neighborhood and “look” out of place. Also,
construction storage containers was added to the text changes.
9. Amendment to 15.410.020 (F) to reference measurement standards (15.110.020
Setback Measurements) and as applicable ADU 15.415.010 Accessory Dwelling
Units setback standards.
Reason – The Code was unclear as to consistency for applying standards for ADUs,
and helpful references were needed to direct readers to the applicable sections. This
removed the guesswork that readers experienced.
10. Amendment to 15.735.040 and 15.735.080 adding criteria, standards and
definitions to and addressing off premise signs, billboards and public directional
signs.
Reason – Planning Commissioner identified that billboards and off premise signs had
the same or too similar of definitions, and desired clarification to continue to allow, with
limits, off premise and/or public directional signs.
11. Amendment to 15.405.070 to allow drive through for restaurants, coffee stands,
banks, pharmacies and other similar and customary uses within differing zones,
and amendment 15.715.020 (E) to include standards / revisions and criteria for
stacking of vehicles.
Completed with Ordinance No. 3082 - November 25, 2025
12. Amendment to 15.405.090 number (3) = (5) in the table.
13. Amendment to 15.405.100 number (2) = (4) in the table.
14. Amendment to 15.405.110 number (4) = (6) in the table.
Page 2 of 10
COML Special Meeting 2-17-26, Page 90 of 103
NOTE: 12, 13, and 14 were addressed through Code Publishing as scrivener error, and
fixed.
15. Amendment to 15.405.070 adding Auto Repair and Auto Bodyshop to the land
use table (not listed) and amend Chapter 15.105 to clarify and add definitions
(paint and without paint)
Completed with Ordinance No. 3082 - November 25, 2025
16. Amendment to 15.420.020 building articulation to simplify “Roofline.”
Reason – The new design code was too complex for roofline and the amendment
simplifies the design element in a manner that can be readily understood.
17. Amendment to 15.320.020 Binding Site Plan to include specifics for “preliminary
engineering plans” and clarify section “a” regarding a run-on sentence.
Reason – After monitoring the updated Unified Development Code with actual Binding
Site Plan (BSP) applications, it was clear that the section did not meet the objectives of
RCW 58.17.035 nor the resulting project of that of the intent of a BSP. The intent of the
BSP process is to promote orderly and efficient community growth within the
requirements of RCW 58.17.035. In summary, binding site plans provide exact locations
and detail for the type of information appropriately addressed as a part of property
development, such as infrastructure, certification, and other requirements typical of
subdivisions.
18. Amendment to 15.320.020 Binding Site Plan to add private commercial and
industrial road standards.
Reason – No. 17 was combined with No. 18. Private commercial and industrial roads
are within the new text, and the Planning Commission outlined the transition from “road
to access aisle to parking lot.” This text addressed real Moses Lake examples where
the lines are blurred and congestion / traffic conflicts may exist.
19. Amendment to 15.320.050 (3) & 15.310.060 final subdivision process (C) (3) to
strike from the City Finance Director indicates, add “stating,” and strike included
in the binding site plan
Reason – The City of Moses Lake Finance Director does not determine assessments
for subdivision nor BSPs. This is conducted by Grant County and already addressed
elsewhere in the Code.
20. Amendments to 15.205.020 and 15.320.090 to clarify decision type for Binding
Site Plans to Type II permit.
Page 3 of 10
COML Special Meeting 2-17-26, Page 91 of 103
Reason – The MLUDC placed BSP as differing permit types in differing sections of the
Code. The conflict was resolved by removing the varied types to a single Type II
Additionally, this was “fixed” in the chart with large lot segregations.
21. Amendments to strike 16.02.040 and16.02.110. Amendments to 15.705
Community Design Standards and 15.710 Project Design Standards to add
extension / connection requirements for water, sewer and stormwater with
exemptions and processing a (DA). Amendments to 15.705, 15.710, and/or
15.305.020 Lot of Record Determination to add allowance of building permit on
unplatted property with existing infrastructure meeting City standards.
Reason – The MLMC and MLUDC included two sections regarding infrastructure
requirements for development. Under Title 16 (older code) a single lot subdivision was
required when infrastructure did not exist with or without an existing subdivision. (NOTE:
the “Unplatted Areas” and “Platting Deemed Insufficient” has complexities not listed
herein.) This used RCW 58.17 to effectivity require “development to pay for
development.” This was expensive, added time, added permitting, and was replaced by
the Unified Development Code. Basically, the UDC allowed infrastructure installment
without the requirement of processing a subdivision. The Developer Agreement
component as found to be cumbersome, and alternatives were devised with the list of
exemptions. Staff recommends that the Council also consider addressing stormwater
with the exemptions. With the amendments, the lot of record determination became
irrelevant.
22. Amendment to 13.15.040 water right transfers at time of Building Permit
exemptions for ADU and reduction for duplex to fourplex.
Reason – Water right transfer under the old code was completed at time of subdivision.
This was not efficient nor effective, so the move to building permits was created. Rather
than a reduction, the Planning Commission desired clear code (although applied by
policy) that credit was granted. Also, clarification of a fractional ERU was clarified.
23. Amendment to 15.305.040 to add RCW 58.17.040 with “anti-land-lock” provision
(Use common terms “5-acre segs” as applicable)
Reason – Large properties that needed to be separated into small development
opportunities were not allowed in the old code. The result was remnant lots which did
not meet RCW 58.17 subdivision requirements. Under 58.17.040 the City could create a
process to allow large properties to be divided into aliquot parts (as related to a Section
to five acres). The amendment creates this opportunity with parameters to ensure the
owner is aware of the exemption and is informed of the need for infrastructure to
support development.
24. Amendments to 15.640.020 and 15.640.030 adding provision for screening
ministorage.
Page 4 of 10
COML Special Meeting 2-17-26, Page 92 of 103
Reason – The new code allows for varied locations through-out Moses Lake for the
construction of ministorage. This new expansion has raised questions regarding “when
located in residential areas or more prominent corridors, how with they look.” The idea
of adding some parameters to enhance the appearance included landscaping or other
screening.
25. Amendment to 15.710.020 Site Design (A) (5) (a) and (b) adding one (single)
street access (driveway/aisles) per street frontage and/or per 350ft of linear feet
(single front) with potential for commercial and industrial flexibility.
Reason –The placement of uncontrolled driveways (solid driveways) confuses which
side of the driveway to travel and potentially adds to the frequency of collisions (left turn
movements increase the risk of collision). The addition of clarity to the standards for
driveway separations was reviewed, and changes proposed with reference to the detail
within the Streets and Utilities Manual.
26. Amendment to 15.325.040 to clarify “standard sidewalk with alternative pathway.”
Reason – The existing code was difficult to readers as to “pathway” vs “sidewalk” in the
sentence structure. The sentence was restructured for clarity that sidewalks are the
standard with the pathways for different scenarios.
27. Amendment to Chapter 15.405 Zones, Overlay Zones, And Land Use and/or
Chapter 15.410 Residential District Standards to reference Fencing- Clearview
Triangle 15.725.010
Reason – Readers of the existing code did not appear to understand that the clearview
triangle was applicable, and a reference was added to ensure safe vehicle travel at
intersections.
28. Amendment to 15.720.040 Buffer Landscaping to add flexibility for industrial
property to strike entire front landscaping standard and add landscaping for
entrances or as alternative landscaping at the building front.
Reason – In the implementation of landscaping within the City of Moses Lake industrial
areas, the need to provide options became apparent. The stretching of landscaping
along long properties does not provide the desired outcome, especially with tall
structures. Alternative for appearance ranged from murals, fencing, art walls, and other
creative ideas. The Planning Commission landed on the entrance as the focus for
landscaping (NOTE: landscaping may include xeriscape design)
29. Amendments to 15.405.090 and 15.405.100 (R-1 and R-2) to add and allow
differing lot coverage standards.
Page 5 of 10
COML Special Meeting 2-17-26, Page 93 of 103
Reason – The old code included lot coverage standards. Moses Lake was accustomed
to this type of standard. The Planning Commission landed on 70% lot coverage.
30. Amendment to 15.425.040 and 15.427.040 to add a new Flight Zones
compatibility, prohibition and density to the Airport Overlay Districts.
Completed with Ordinance No. 3082 - November 25, 2025
31. Amendment to 15.235.010 Administrative Variance to expand list to include
“Building Design Standards.”
Reason – The administrative variance section is limited to some of the bulk regulations.
In the implementation of the design standards to help beautify the city, large structures
had magnitude that did not aesthetically work with the standards with the design
regulations. Through time, it was apparent that relief and flexibility was needed with a
code amendment for small deviations.
32. Amendments to 15.325.040 and 15.705.030 to add cul-de-sac standards and
applicability with allowance for courts (define court/short cul-de-sac) to wave
sidewalk.
Reason – The City of Moses Lake is bounded by the lake and other barriers to street
connectivity. Relief was needed for specific scenarios to allow for cul-de-sacs that the
Code did not offer. The proposed code still supports connectivity and vehicle circulation,
but allows for instances of permanent dead ends (cul-de-sacs)
33. Amendments to 15.405.060 and/or 15.405.070 regarding living in an RV with
matching camping, campground, living in an RV outside of a campground and
private campground topics and distinctions.
Reason – This item was identified prior to the Council action for camping (Chapter 9.18)
and was requested for code enforcement clarification. The Planning Commission
provided changes to reference the chapter and the private campground sections of
code.
34. Amendment to Table 15.405.070 to add “casino” / small “gambling” with
separation standard from schools, churches, and other youth / community
activities.
Reason – The City of Moses Lake has existing gambling and the code did not address
the continuation or expansion of the use. The Planning Commission added standards
for gambling that provides limited control for the placement of such facilities.
Page 6 of 10
COML Special Meeting 2-17-26, Page 94 of 103
35. Amendment to Chapter 15.105 to add “environmental and/or industrial cleanup”
to Light Industrial definition.
Reason – The City of Moses Lake has existing “environmental and/or industrial
cleanup” business and the code did not address the continuation or expansion of the
use (for example - Graymar). (NOTE: “When not within code” scenario is brought to the
Planning Division, a list is maintained, interpretations provided by the Director and other
actions are completed to bring any question as to “allowance” to the Council and PC)
36. Amendment to 15.310.020 Preliminary Subdivision Approval Process to be
consistent with 15.310.070 Final Decisions and Notice of Decision, as applicable.
Reason – The code included differing standards from one stage of processing from that
of another for timelines. The permit timeline within the GMA (SB 5290) does not govern
in this instance. The permit timeline in RCW 58.17 governs and the amendment reflects
this timeline.
37. Amendment to 15.715.020 to allow for and require separating access on corner
lots with fourplex development.
Reason – Bunching four (4) driveways at a single location (single frontage to a street)
created design conflicts. An alternative to split the driveways on a corner lot (two
driveways per street frontage) allowed design to meet small lots and standards.
38. Amendments to 15.310.010 Preliminary Subdivision Application, 15.310.020
Preliminary Subdivision Approval Process, and 15.310.030 Preliminary
Subdivision Approval Criteria regarding clear “Site Plan” (preliminary engineering
for infrastructure – access, sewer, and water to serve each lot).
Reason – Originally, the amendment was to ensure consistency, but as the review
progressed the preliminary engineering plans at 30% was not easy to define nor easy to
implement. The return to the old code for “site plans” text was more defined and added.
This is a section of code that staff recommends retention of preliminary engineering for
preliminary subdivision (due to technical application, process, and RCW). The Planning
Commission recommends removal of submitting preliminary engineering under the
rationale of cost savings. The staff report includes staff information regarding the need
for preliminary engineered plans.
39. Amendment to 15.405.060 Residential Land Uses by Zone to require commercial
use on the ground floor for Mixed Use Residential Development including a
“percent” ground floor for ADA unit(s).
Reason – The Code did not clarify the need to protect the nature of commercial district
and clearly stating that the ground floor was for commercial business. Additionally, the
need to allow some level of access at the ground floor (without the need for elevator) for
ADA residential unit was considered and incorporated.
Page 7 of 10
COML Special Meeting 2-17-26, Page 95 of 103
40. Amendment to 15.405.070 Nonresidential Land Uses by Zone to add "Light
Vehicle Retail Sales or Rentals, including passenger vehicles excluding heavy"
with a distinction from "Heavy vehicle sales or rental, including tractor trailers,
RV’s, implements, etc."
Reason – The City of Moses Lake has existing vehicle sales of differing types and the
code did not address the distinctions. The Planning Commission landing on allowing
light vehicle sales in C1A (CUP), C-2, L-I and H-I.
41. Amendment to 15.405.070 Nonresidential Land Uses by Zone to add “morgue”
with adding a definition of “morgue.”
Reason – The existing code did not address morgue as a use. (NOTE: with the
Administrative Interpretation issued by the Director and this change, the Grant County
morgue project is moving forward)
42. Amendment to 15.315.010 Boundary Line Adjustment/Lot Consolidation
Application to add “A plat certificate from a title company licensed to do business
in the State of Washington, confirming that the title of the lands corresponds with
the owners described and shown on the record of survey and application.”
Reason – The code did not include a plat certificate in the application process for a
BLA. A plat certificate is a smaller version of a title report and provides necessary
information regarding ownership and encumbrances (for example: easements).
43. Amendment to 15.315.040 Boundary Line Adjustment/Lot Consolidation Final
Approval and Recording to allow for a longer time frame (90-days) with one
extension of 90-days.
Reason – The timeline within the existing code is too short. The additional time and
extension (when there are complications) provides relief to the applicant to record and
meet the BLA process.
44. Amendment to 15.405.110 to add lot dimensions to R-3 (lot width and depth) for
single family development.
Reason – The existing code allows single family lots within the R-3 High Density
Residential but did not include lot dimensions. The Planning Commission landed on 40ft
front lot width and 75ft lot depth with a reduction on curved lots to the front width.
45. Amendments to 15.405.110 High Density Residential (R-3) Standards, Table
15.405.060 Residential Land Uses by Zone, and 15.105.026 to allow for “Zero
Lot Line Home” within R-1, R-2, and R-3 for interior lots only.
Page 8 of 10
COML Special Meeting 2-17-26, Page 96 of 103
Reason – The existing code included Zero Lot Line Home in the land use table which
was unclear and was being confused with unit lot subdivision (RCW 58.17.060 (3). The
Planning Commission landed on removing the use and addressing the topic with the
2027 Periodic Update (SSSB 5258)
46. Amendments to 15.305.050 “Design Standards and Guidelines Adopted by
Reference Standards Adopted by Reference” to include the Community Street
and Utility Standards and Mapping Standards Manual.
Reason – The existing code (15.305.050) lacks the references to the Community Street
and Utility Standards and Mapping Standards Manual. Although applicable, referencing
the manuals helps the reader access these documents.
47. Amendment to add requirement for “street names” prior to final subdivision
application
Reason – Street naming should be as early as possible, and the existing code lacked
such clarification.
48. Amendment to add “lot addressing” prior to final subdivision application.
Reason – Lot addressing is key to home construction permitting and should be early in
final subdivision stage of processing, and the existing code lacked such clarification
49. Amendment to clarify appeal language for allowed uses (no ability to appeal
underlying permit) and no appeal of SEPA.
Reason – This amendment was in response to an appeal. After further review, this
amend is not necessary.
50. Amendment to 15.240.040 Docket of Proposed Amendments for the City Council
to create the Docket (single action) and subsequent processing for the Planning
Commission.
Reason – This amendment is a Council add-on to remove the nature of the extended
docket process which starts with the Planning Commission. The existing process adds
considerable time. The amendment will start the docket process with Council, thereby
cutting the duration of the process considerably.
51. Amendment to allowed uses table to expand commercial activity (limited to 2K) in
the residential district with parameters.
Reason - Council add-on at the behest of citizen request during the docket finalization.
This amendment allows residential neighborhoods to include “pocket” commercial
development on a limited scale. This also has the benefit of creating a mixed-use
Page 9 of 10
COML Special Meeting 2-17-26, Page 97 of 103
neighbor where services are near residences (encourages walkable community) (the
example is “Frank’s Market”)
Page 10 of 10
COML Special Meeting 2-17-26, Page 98 of 103
Council Agenda Bill
Subject
Meeting Date:
Agenda Item Number:
2026 Comp Plan and Development Regulation Amendment Docket
2/17/2026
63111
Department
Proceeding Type
Community Development
Study Session
Presenter at the Meeting
Proposed Council Action/Motion:
Vivian Ramsey, Planning Manager
Information Only
Receive and File
Packet Attachments (if any)
2026 Docket Memo2.docx
Discuss
95.25KB
Provide Direction
Public Hearing
Adopt/Approve
Authorize
Other
No motion necessary.
Summary/Background
The attached memo provides a series of suggestions that Council may want to consider for code amendments.
Some items are development regulations that must go through the Docket process as required by the Growth Management Act. This process includes SEPA review, a sixty-day state
agency review, and public hearings. Development regulations are typically found in Tite 15, the Moses Lake Unified Development Code.
Fiscal Consideration
N/A
City Council Priorities or Budget Objectives Addressed
Preamble: The City’s top priority will always be fulfilling its core mission, which includes ensuring public safety, maintaining the City’s infrastructure, complying with state and
federal mandates, and safeguarding the City’s finances.
#1 - Achieve Financial Sustainability
#2 - Secure Sustainable and Reliable Municipal Water Sources
#3 - Improve the City's Image and Reputation
#4 - Fire Department Service Delivery Model and Third Fire Station
#5 - New Police Station
#6 - Second Lake Crossing
#7 - WSDOT Highway Projects in Moses Lake
Reviewed and Approved by:
City Manager - Rob Karlinsey on 2/11/2026
Community Development - Debbie Burke on 2/11/2026
COML Special Meeting 2-17-26, Page 99 of 103
City of Moses Lake, Washington
Date:
February 12, 2026
To:
Moses Lake City Council
From:
David Miller, Interim Community Development Director
Vivian Ramsey, Planning Manager
Chris Horton, Building Official & Fire Marshal
Regarding: Docket of Comprehensive Plan and Code Amendments
The City has the opportunity to amend its comprehensive plan and implementing
development regulations once a year. Citizens have until March 31st to submit
applications for amendments that are specific to the comprehensive plan and the
development regulations that implement the plan. These requests are added to the list
of amendments submitted by staff, City Council members, and Planning
Commissioners and form the City’s annual “Docket”.
Per state law, comprehensive plan amendments must go through the Planning
Commission before coming to the City Council for approval. The Planning
Commission’s current work on the state-required 2027 update of the Comprehensive
Plan is in full swing and will be taking up most of their time over the next year and a
half.
For this reason, staff is requesting that for this year, the City Council not consider
requests for site-specific comprehensive plan amendments and annexations. One of
the foundations of the Comprehensive Plan is the land capacity analysis (LCA). The LCA
evaluates the city’s ability to accommodate future growth regarding meeting population
needs, housing and employment. This analysis frames the land use designation and
infrastructure throughout the planning process. The assumptions can become skewed
if major changes are made to land uses and area.
Currently there are five annexations approved by City Council to proceed through the
process. These five requests would not be affected if the Council chooses not to accept
site-specific comprehensive plan amendments. Planning staff is coordinating with three
active applicants in their capacity analysis’ and working to the next step of the petition
process. The remaining two applicants have yet to provide the capacity materials.
The Growth Management Act (GMA) (RCW 35A.63.060) requires the "planning agency"
of a code city (which can be a commission) to develop its comprehensive plan. In
321 S. Balsam St.
Office: 509 764-3701
·
·
PO Box 1579
·
Fax: 509 764-3739
Moses Lake, WA 98837
·
www.moseslakewa.gov
COML Special Meeting 2-17-26, Page 100 of 103
addition, cities, towns, and counties that fully plan under the GMA are required to have
planning commissions to review and make recommendations on comprehensive plans
to the City Council. Regulations that do not affect the Comprehensive Plan may go
directly to the City Council.
Below is a list of potential code amendments for the City Council to advance for further
consideration. City Council members may wish to submit additional changes for
consideration. City staff doesn’t have the capacity to address all of the proposed code
changes in 2026; as a result, the City Council needs to determine the issues to be
addressed first. The following list of code changes are provided in no particular order:
1. Change in Use. For example, when a commercial building undergoes a change in
use (e.g., from a restaurant to a fitness center) an increase in the number of
required off-street parking spaces may be required. Similarly, if the gross floor
area of a structure is increased by 50% or more, MLMC 15.720.010 requires the
property owner to bring the property up to current landscaping standards. The
City may wish to consider the list of applicability thresholds and determine
whether to amend the list.
2. Repaving Existing Parking Lots. For example, if a commercial property owner
repaves more than 45% of an existing parking lot, or expands a parking lot more
than 25%, or changes occupancy, MLMC 15.715.010 requires compliance with
current parking standards, found in MLMC 15.715. The City may wish to
reevaluate triggering actions for compliance with current standards.
3. Food Trucks and Food Courts. In 2024, the City Council adopted robust food
truck and food court regulations, found in MLMC 5.07.090. Other cities have little
to no food truck regulations and instead rely on existing health department
regulations as well as fire and building codes. The City Council may wish to
consider the same.
4. Design Standards. In 2024, the City Council adopted design standards for
multifamily and commercial development as the result of development that has
raised questions as to aesthetics. These design standards are found in MLMC
15.705 and other sections (15.410.040, 15.420.015, 15.420.020, 15.420.030.
15.710.020 and 15.710.030). Now that the adopted design standards have been
tested, the City Council may review whether the standards have been effective.
Page 2 of 4
COML Special Meeting 2-17-26, Page 101 of 103
5. Infill and Middle Housing. Since the state mandated middle housing (duplexes,
ADUs), the City should assess whether other affected codes are in harmony with
middle housing requirements. Considerations include driveway standards and
site requirements. Similarly, to encourage infill within existing developments, the
City should review affected code language. Unlike houses being built in new
subdivisions, lots in existing subdivisions may need flexibility given the current
development context of a neighborhood.
6. Conditional Use Permits (CUPs). Given that CUPs may add time and uncertainty
to a development proposal, the City Council may wish to review under what
circumstances CUPs are required. At the City Council’s direction, staff will
provide a current list of uses requiring CUPs and in the zones in which they
belong.
7. Conditional Use Permit Approval Process. Currently, the decision to approve a
conditional use permit (CUP) goes directly to the Hearing Examiner. Other cities
allow CUP approval at the staff level, with the ability to appeal the decision to the
Hearing Examiner. The City Council may review MLMC 15.225 and determine
whether to allow CUP decisions to be made by staff and appealed to the Hearing
Examiner.
8. Annexation Requirements. Currently, annexation requests require a capacity
analysis. Since only properties within the UGA can be annexed, and in
establishing the UGA the City has committed to serving the properties, Council
may want to reconsider what it needs in the decision-making process and
establish criteria for accepting annexation requests.
Some cities offer annexation windows, in that petitions for annexation are only
considered once a year. This gives the City the ability to review the impact of the
requests simultaneously. Council may want to consider implementing a similar
process.
9. Site Plan Application. To streamline and simplify the permit process, the City
Council may consider adopting a Site Plan Permit process that consolidates the
various requirements of developing a site into one permit.
Page 3 of 4
COML Special Meeting 2-17-26, Page 102 of 103
10. Title 16, Buildings and Construction. Title 16 needs to be overhauled. The
building code should be revised to resolve conflicts with RCW 19.27 and the
currently adopted state building and fire codes, as well as to close gaps between
state and local provisions.
11. Title 5, Business Licensing. The City Council can consider the list of businesses
that are required to obtain regulatory business licenses and determine whether to
reduce or add to this list. Current examples of regulatory business licenses
include short term rentals, day care facilities, and home occupations.
12. Code Enforcement. Per Council Agreement 3, the Council desires to review
certain nuisance codes found in MLMC 8.14 and determine whether they need
amending. Examples include weeds, junk vehicles, cargo containers, and
animals. A Beautification Town Hall is scheduled for June 16. The City Council
may wish to meet and discuss potential code enforcement changes before and
after the June 16 Town Hall meeting.
13. Chickens. MLMC 6.07.020 requires a license to keep chickens at a single-family
residential lot. This requirement has not been followed and is difficult to enforce.
The City Council may consider the codes of other cities that do not require
chicken licenses but still have minimal regulations (e.g., no roosters).
We look forward to discussing the above list at the February 17, 2026, Special City
Council meeting. If you have other potential code changes that are not listed above,
please let us know.
Thank you.
Page 4 of 4
COML Special Meeting 2-17-26, Page 103 of 103
The government’s own published record — read it yourself, then decide what to do about it.
The facilities, the coverage, and the local record for this community.
Not yet recorded. The record stays open — outcomes are added as minutes and vote results are published.
Provenance
Where this record came from. Every source is listed, permanently.
- Agenda Watch · Aug 28, 2026
Permanent ID DKT-2026-001433 — this record is never deleted.
Record history
Every change to this record, logged as it happened.
- Aug 28, 2026 Filed on the Docket
- Aug 28, 2026 Full document archived — public record
← The full Docket · every meeting, vote, and action on the permanent record · also in the National Record Index.