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HomeMy WebLinkAbout3077 Homesley Western Ave Site Specific RezonePage 1 of 8 ORDINANCE NO. 3077 AN ORDINANCE OF THE CITY OF MOSES LAKE, WASHINGTON, RELATING TO AMENDMENTS TO THE CITY OF MOSES LAKE ZONING DISTRICT MAP, FOR SITE-SPECIFIC REZONE FOR PARCEL NUMBERS 101543000, 101544000, 101545000, 101547000, 101548000, AND 10154200 FROM LIGHT-INDUSTRIAL TO C-2 GENERAL COMMERCIAL; AND PARCEL NUMBER 110189000 (SOUTHERLY 4.6-ACRES OF THE 7.86 ACRE PARCEL) FROM C-2 GENERAL COMMERCIAL TO R-3 MULTI-FAMILY RESIDENTIAL AND ESTABLISHING AN EFFECTIVE DATE. Recitals: 1.The City of Moses Lake adopted the Title 15 – Unified Development Code October 4, 2024; and 2.The City of Moses Lake Zoning District Map is adopted pursuant to Moses Lake Unified Development Code (MLUDC) 15.405.020 Adopted Zoning Map and Interpretation; and 3.Pursuant to MLMC 15.245.010, the zone classifications on the City of Moses Lake zoning map may be amended by application for rezone; and 4.On March 31, 2025, Western Pacific Engineering & Survey, Inc. on behalf of Homesley Properties LLC and Hals Properties LLC. has submitted a request for Site-Specific Rezone for Parcel Numbers 101543000, 101544000, 101545000, 101547000, 101548000, and 10154200 from Light-Industrial to C-2 General Commercial (Exhibit A: Current Zone for Parcels of Interest Map and Exhibit B: Proposed Zone Changes for Parcels of Interest Map); and Parcel Number 110189000 (Exhibit C Boundary detail of southerly 4.6-acres of the 7.86 acre parcel) from C-2 General Commercial to R-3 Multi-family Residential; and 5.On July 8, 2025, the City of Moses Lake issued a SEPA Determination of Non- Significance; and 6.On July 22, 2025, the Hearing Examiner conducted a duly noticed Public Hearing on the Western Ave / Homesley Site Specific Rezones; and 7.On July 31, 2025, the Hearing Examiner issued a recommendation of approval regarding the Western Ave / Homesley Site Specific Rezones (Exhibit D); and 8.Pursuant to 15.245.030 (C), the City Council shall review and consider the Hearing Examiner recommendation; and shall be approved by ordinance by the City Council; and Ordinance 3077 Page 1 of 18 Document Ref: WWHEZ-5EHQ9-JXJBG-ZZ8YV Page 1 of 18 Page 2 of 8 9.The City Council has reviewed the Hearing Examiner recommendation, concurs with the recommendation, and hereby adopts the Findings within the recommendation. (Exhibit D) THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Recitals Incorporated. The Recitals set forth above are hereby adopted and incorporated as Findings of Fact of the City Council. Section 2. Additional Findings. The Council may adopt further additional findings after the public hearing is held and evidence presented to the City Council. Section 3. The following rezones are hereby adopted: Parcel Numbers 101543000, 101544000, 101545000, 101547000, 101548000, and 10154200 from Light-Industrial to C-2 General Commercial (Exhibit A Current Zoning for Parcels of Interest Map & Exhibit B Proposed Zone Changes for Parcels of Interest Map); and Parcel Number 110189000 (Exhibit C Area Boundary - southerly 4.6-acres of the 7.86 acre parcel and Legal Descriptions) from C-2 General Commercial to R-3 Multi-family Residential. Section 4. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court, board or tribunal of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 5. Enforcement. Violations of this ordinance are enforceable to the same extent as other violations of Title 15 MLUDC and are equally subject to injunctive and other forms of civil relief that the City may seek. Section 6. Conflict. In the event that there is a conflict between the provisions of this ordinance and any other City ordinance, the provisions of this ordinance shall control. Section 7. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. . Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on September 9, 2025. ________________________________________ Dustin Swartz, Mayor Ordinance 3077 Page 2 of 18 Document Ref: WWHEZ-5EHQ9-JXJBG-ZZ8YV Page 2 of 18 Page 3 of 8 ATTEST: ________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: __________________________________ Katherine L. Kenison, City Attorney Martinez Swartz Myers Fancher Madewell Lombardi Skaug Vote: Date Published: September 15, 2025 Date Effective: September 20, 2025 Ordinance 3077 Page 3 of 18 Aye Aye Aye Aye Aye Aye Absent Document Ref: WWHEZ-5EHQ9-JXJBG-ZZ8YV Page 3 of 18 LO C U S TCOMME R C E GIBBY WE S T E R N IVYBROADWAYMILWAUKEE LEGEND PARCELS OF INTEREST ZONING R1-SINGLE FAMILY RES R2-SINGLE/TWO FAMILY RES R3-MULTI FAMILY RESIDENTIAL C2-GENERAL COMMERCIAL C1-CENTRAL BUSINESS DIST C1A-TRANSITIONAL COMMERCIAL BUSINESS PARK LI-LIGHT INDUSTRIAL HI-HEAVY INDUSTRIAL ML INDUSTRIAL PARK LI-LIGHT INDUSTRIAL-ORD 2216 P-PUBLIC MUNICIPAL AIRPORT CR-CONSERVATION AND RECLAMATION 0 500 1000250 Feet ± Exhibit A Ordinance 3077 Page 4 of 18 Document Ref: WWHEZ-5EHQ9-JXJBG-ZZ8YV Page 4 of 18 LO C U S TCOMME R C E GIBBY WE S T E R N IVYBROADWAYMILWAUKEE LEGEND PARCELS OF INTEREST ZONING R1-SINGLE FAMILY RES R2-SINGLE/TWO FAMILY RES R3-MULTI FAMILY RESIDENTIAL C2-GENERAL COMMERCIAL C1-CENTRAL BUSINESS DIST C1A-TRANSITIONAL COMMERCIAL BUSINESS PARK LI-LIGHT INDUSTRIAL HI-HEAVY INDUSTRIAL ML INDUSTRIAL PARK LI-LIGHT INDUSTRIAL-ORD 2216 P-PUBLIC MUNICIPAL AIRPORT CR-CONSERVATION AND RECLAMATION 0 500 1000250 Feet ± Exhibit B Ordinance 3077 Page 5 of 18 Document Ref: WWHEZ-5EHQ9-JXJBG-ZZ8YV Page 5 of 18 Exhibit C Ordinance 3077 Page 6 of 18 Document Ref: WWHEZ-5EHQ9-JXJBG-ZZ8YV Page 6 of 18 Ordinance 3077 Page 7 of 18 Document Ref: WWHEZ-5EHQ9-JXJBG-ZZ8YV Page 7 of 18 Exhibit D Ordinance 3077 Page 8 of 18 Document Ref: WWHEZ-5EHQ9-JXJBG-ZZ8YV Page 8 of 18 Ordinance 3077 Page 9 of 18 Document Ref: WWHEZ-5EHQ9-JXJBG-ZZ8YV Page 9 of 18 Ordinance 3077 Page 10 of 18 Document Ref: WWHEZ-5EHQ9-JXJBG-ZZ8YV Page 10 of 18 Ordinance 3077 Page 11 of 18 Document Ref: WWHEZ-5EHQ9-JXJBG-ZZ8YV Page 11 of 18 Ordinance 3077 Page 12 of 18 Document Ref: WWHEZ-5EHQ9-JXJBG-ZZ8YV Page 12 of 18 Ordinance 3077 Page 13 of 18 Document Ref: WWHEZ-5EHQ9-JXJBG-ZZ8YV Page 13 of 18 Ordinance 3077 Page 14 of 18 Document Ref: WWHEZ-5EHQ9-JXJBG-ZZ8YV Page 14 of 18 Page 4 of 8 Exhibit A – Current Zong for Parcels of Interest Map Ordinance 3077 Page 15 of 18 Document Ref: WWHEZ-5EHQ9-JXJBG-ZZ8YV Page 15 of 18 Page 5 of 8 Exhibit B –Proposed Zone Changes for Parcels of Interest Map Ordinance 3077 Page 16 of 18 Document Ref: WWHEZ-5EHQ9-JXJBG-ZZ8YV Page 16 of 18 Page 6 of 8 Exhibit C – Boundary detail of southerly 4.6-acres of the 7.86 acre parcel C-2 General Commercial to R-3 Multi-family Residential Ordinance 3077 Page 17 of 18 Document Ref: WWHEZ-5EHQ9-JXJBG-ZZ8YV Page 17 of 18 Page 7 of 8 Ordinance 3077 Page 18 of 18 Document Ref: WWHEZ-5EHQ9-JXJBG-ZZ8YV Page 18 of 18 REF. NUMBER WWHEZ-5EHQ9-JXJBG-ZZ8YV DOCUMENT COMPLETED BY ALL PARTIES ON 23 SEP 2025 19:04:37 UTC SIGNER TIMESTAMP SIGNATURE KATHERINE KENISON EMAIL KKENISON@BASINLAW.COM SENT 10 SEP 2025 21:28:06 VIEWED 10 SEP 2025 21:35:25 SIGNED 10 SEP 2025 21:35:34 IP ADDRESS 74.209.9.35 LOCATION ELLENSBURG, UNITED STATES RECIPIENT VERIFICATION EMAIL VERIFIED 10 SEP 2025 21:35:25 MAYOR DUSTIN SWARTZ EMAIL DSWARTZ@CITYOFML.COM SENT 10 SEP 2025 21:28:06 VIEWED 15 SEP 2025 13:12:08 SIGNED 15 SEP 2025 13:12:21 IP ADDRESS 74.82.240.250 LOCATION MOSES LAKE, UNITED STATES RECIPIENT VERIFICATION EMAIL VERIFIED 15 SEP 2025 13:12:08 Signed with PandaDoc PAGE 1 OF 2 REF. NUMBER WWHEZ-5EHQ9-JXJBG-ZZ8YV DOCUMENT COMPLETED BY ALL PARTIES ON 23 SEP 2025 19:04:37 UTC SIGNER TIMESTAMP SIGNATURE DEBBIE BURKE EMAIL DBURKE@CITYOFML.COM SENT 10 SEP 2025 21:28:06 VIEWED 12 SEP 2025 19:47:30 SIGNED 23 SEP 2025 19:04:37 IP ADDRESS 63.135.54.162 LOCATION MOSES LAKE, UNITED STATES RECIPIENT VERIFICATION EMAIL VERIFIED 12 SEP 2025 19:47:30 Signed with PandaDoc PAGE 2 OF 2