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HomeMy WebLinkAbout3084 Lakemont PDD Amendment PLN2025-0041 " ! ORDINANCE 3084 AN ORDINANCE AMENDING THE LAKEMONT PLANNED DEVELOPMENT DISTRICT (ORDINANCE NO. 3004) OF MOSES LAKE PURSUANT TO MOSES LAKE MUNICIPAL CODE 18.67 Recitals: 1. The purpose of the planned development district ordinance is to allow some flexibility in the design of clustered residential, commercial, or industrial uses with sufficient and appropriate collective open space or a mixture of such uses by permitting specific modifications of the bulk and use regulations and performance standards of the underlying zone(s) as applied to a particular parcel of land. 2. A planned development district is a floating district. Each approved planned development district is superimposed on the underlying zone to the extent that the planned development district shall modify and supersede the bulk and use regulations and performance standards of the underlying zone. 3. A planned development district encourages flexibility in design and development that will result in a more efficient and desirable use of the land. 4. Whereas, a planned development district permits flexibility of design, placement of buildings, use of required open spaces, circulation facilities, open spaces, off-street parking areas, and otherwise to better utilize the potentials of the site characterized by special features such as but not limited to geography, topography, or shape. 5. A planned development district provides for maximum efficiency in the layout of streets, utilities, and other public improvements. 6. A planned development district produces an integrated or balanced development of mutually supportive uses that might be otherwise inharmonious or incongruous. 7. On September 23, 2021, the City of Moses Lake Community Development Department received a completed application for a Planned Development District (PLN2021-0049) and Preliminary Major Subdivision (PLN2021-0048). The application materials proposed the subdivision of Assessor Parcel 110052000, consisting of 25 acres, into 98 lots for residential development and a reduction of the City’s adopted lot standards 8. On March 25, 2022, the Hearing Examiner conditionally approved the Preliminary Major Subdivision. The Hearing Examiner’s conditional approval was subject to the City Council’s subsequent approvals of the Planned Development District. The Hearing Examiner issued recommendations to approve the Planned Development District with deviations. The Hearing Examiner’s decision is detailed in his written Document Ref: 3HNEM-6DGBE-FHBEW-SKYWE Page 1 of 8 " ! decision dated March 25, 2022. 9. On April 26, 2022, the City of Moses City Council held a Closed Record Public Hearing to consider the Hearing Examiner’s recommendations on the Planned Development District. The City Council approved Ordinance No. 3004 an ordinance creating a Planned Development District of Moses Lake pursuant to Moses Lake Municipal Code 18.677. 10. The PDD is within a 25-acre property located between S Beaumont Dr. and Eastlake Dr within the portion of NE1/4 Section 27, Township 19 N, Range 28 E, WM. Grant County, Washington. The subject property is within the R1-Single Family Residential Zoning District. The Assessor’s Parcel No. is 110052000 11. The existing Planned Development District is vested under the City of Moses Lake Municipal Code which was in effect prior to the adoption of the October 4, 2024 (implementation date) City of Moses Lake Unified Development Code. 12. The applicant finalized the request for amendment to update the PDD to follow the current Unified Development Code uses, standards and specifications. 13. The materials that were provided to the Hearing Examiner during the open record public hearing are included within Open Record Hearing Exhibits C through F. The staff report that was presented to the Hearing Examiner was entered into the record by the Hearing Examiner, making it the last exhibit within the exhibit packet. 14. Under the City code, the proposal includes application which is a quasi- judicial land use application. The request for amendment to the existing Planned Development District was processed through the Hearing Examiner Recommendation and Planned Development District Ordinance by the Council creates the PDD in which the following approved standards shall be applied: 15. On October 22, 2025, an open record public hearing was held before the Hearing Examiner in accordance with Moses Lake Municipal Code (MLMC) 18.67.090. After the open record public hearing the HE reviewed the application, applicable codes and laws, testimony, and the evidence in order to reach a decision. 16. On October 29, 2025, the Hearing Examiner rendered a recommendation of approval for the amendment application. 17. The Hearing Examiner’s October 29, 2025, Recommended Findings of Fact, Recommended Conclusions of Law, Recommended Conditions of Approval, and Recommended Decision. The document outlines the facts of the case and further describes the basis for a decision to recommend approval of the Planned Development District Amendment. 18. Pursuant to City of Moses Lake Code 18.67.110 City Council Action, Document Ref: 3HNEM-6DGBE-FHBEW-SKYWE Page 2 of 8 " ! pursuant to Sections 20.09.030 and 2.08.100, the City Council shall consider and adopt or reject the ordinance with respect to the recommendations of the Hearing Examiner. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. The October 29, 2025 Hearing Examiner Recommended Findings of Fact, Recommended Conclusions of Law, Recommendation Conditions of Approval and Recommended Decision for the Lakemont Planned Development District Amendment (PLN2025-0041), modifying the existing PDD (PLN2021-0049) setbacks and allowed uses to the current adopted Moses Lake Unified Development Code (MLUDC) standards and specifications identified under Assessor’s Parcel Number 110052000 is hereby adopted. Section 2. Ordinance No. 3004 is hereby amended to the area shown within Exhibit A, which is attached hereto and incorporated herein. Section 3. The Lakemont Planned Development District is located within the R-1 Single Family Residential zone. Section 4. Lakemont ML 1 LLC, or their successor(s) in interest shall be bound to the uses and modifications specified in this ordinance. Development rights are conferred upon the applicant or applicant’s successor in interest. Section 5. Severability. If any section of this ordinance is found to be unconstitutional or invalid as written or as applied to any particular person or circumstances, no other section of the ordinance shall be deemed to be invalid, but rather, should be deemed to have been enacted independently and without regard to the section affected. Section 6. 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. PASSED BY THE CITY COUNCIL, and signed and approved this 25th day of November 2025. ________________________________________ Dustin Swartz, Mayor Document Ref: 3HNEM-6DGBE-FHBEW-SKYWE 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: Date Effective: December 3, 2025 December 8, 2025 Aye Aye Aye Abstain Aye Aye Aye Document Ref: 3HNEM-6DGBE-FHBEW-SKYWE Page 4 of 8 Exhibit A The PDD shall meet the standards and specifications of following, but not limited to: Chapter 15.405 Zones, Overlay Zones, and Land Use, Chapter 15.410 Residential District Standards, Chapter 15.415 Housing Type Standards and other applicable Chapters for the R-1, Single Family Residential Zoning District. The following approved standards shall be applied: Lakemont PDD LAND USES Single family detached dwelling P Zero Lot Line Home P Factory built residential structure not on a permanent chassis P Factory-built housing constructed to the standards of the State Building Code P Manufactured home P Modular Homes P Duplex P Townhouse P Triplex P (1) Fourplex P (1) Cluster Housing P (2) Cottage Housing P (2) Micro (Tiny) Homes P (3) Multi-family dwelling units X Condo A (in compliance with (MLMC 18.67) Rental of apartment to single family X Accessory dwelling unit A (in compliance with 18.20.055) Manufactured Home Park X Special Uses Assisted Living or Congregate Care P Group Home P Home Occupation P Short Term Rental P Protective Care P Document Ref: 3HNEM-6DGBE-FHBEW-SKYWE Page 5 of 8 Community Center or Service Club P (4) NOTE (1) Only on Corner Lots (2) shall comply with subdivision and development stds with Part 15.500 and 15.415.020 (3) shall be allowed with densities and unit allocations as outlined in 15.415.010 (4) These facilities are allowed in residential zones so long as there is no service, sale, or use or alcohol or cannabis products. Low Density Residential (R-1) Standards Front Setback (parking garage etc) 25 feet Front Setback (residential structure) 10 feet Front yard for porch/entry/building projections 10 Rear Setback 15 feet Side Setback 5 feet Maximum Building Height 35 feet ADU Max Height 24 feet (1) Accessory Structure max height 20 feet (1) Parking Requirements 2 off street spots per principal unit (1) NOTE (1) Exceptions and Standards for Accessory Dwelling Units are outlined in MLUDC 15.415.010. Density Generally, the maximum number of residential units per lot in the R-1 Zone is two (2) principal dwelling units. Increased density per lot is allowed under the following circumstances: 1. Affordable Housing. If one or more of the residential units on a particular lot is designated as “affordable housing” meeting the requirements of RCW 36.70A.635(2), then there may be up to four (4) principal residential units on that lot. 2. Corner Lots. Triplexes and Fourplexes are allowed uses on corner lots within the R-1 Zone. Therefore, the maximum number of principal residential units is four (4) per corner lot within the R-1 Zone, so long as the units are all within the same structure. 3. ADUs. The addition of two (2) Accessory Dwelling Units (ADUs) per lot is generally allowed. ADUs are considered residential units (but no principal units) when calculating per lot density. All underlying zoning standards, as well as those found in MLUDC 15.415.010, shall always apply. The number of ADUs allowed to be Document Ref: 3HNEM-6DGBE-FHBEW-SKYWE Page 6 of 8 constructed on each lot in the R-1 Zone shall be as follows: a. If the principal unit is a single-family detached unit with no other residential units on the lot, then two (2) ADUs are permitted on that lot. b. If the subject lot contains only two (2) principal residential units (i.e. a duplex), then only one (1) ADU is allowed. c. If the subject lot already contains three (3) or more residential units, then ADUs shall not be allowed to be constructed on that lot. Landscape and Hardscape per 15.720 Building Height Plane All structures shall meet MLUDC Massing Standards All structures shall meet MLUDC. Garage Standards Garages attached or detached shall be setback from front of house a minimum of 5 feet. Garage cannot be more than 50% of front facing façade General ADU Rules Adopt 15.415.010 ADU's allowed 2 per lot ADU Size Adopt 15.415.010 Section 15.415.020 Adopt 15.415.020 Parking ADU One off-street per ADU The Applicant shall comply with all requirements of the February 22, 2022 MDNS that was not appealed. The applicant shall comply with the requirements of the Construction Management as presented in the CityWorks Comments dated July 29, 2025. Should existing water and sewer services not be sufficient for the needs of the amended proposal, and new services would be required to serve the new proposal, open road cuts would only be authorized with the removal and replacement of the HMA for the entire block affected or crack filling and chip sealing the entire affected roadway surface for the block length. This roadway is currently under the 2-year maintenance period and should be in like new condition should additional services be required by the new proposal. The applicant shall comply with the requirements of the Planning Division as presented in the CityWorks Comments. The applicant shall comply with the requirements of the City Engineer as presented in the CityWorks Comments (City Engineer Email attached) dated August 5, 2025. E-mail dated July 29, 2025 stating: “I would like to see a Traffic Impact Analysis Document Ref: 3HNEM-6DGBE-FHBEW-SKYWE Page 7 of 8 performed to show the impacts of the higher densities to the connections to Division Street, especially Nelson Road. Also, as pointed out they should address multimodal with their desire for reduced parking requirements and smaller setbacks, and safe routes to school traffic out of the neighborhood.” The applicant shall comply with all applicable local, state, and federal regulations. The development shall be constructed essentially as conditioned and presented to the Hearing Examiner and City Council. Document Ref: 3HNEM-6DGBE-FHBEW-SKYWE Page 8 of 8 REF. NUMBER 3HNEM-6DGBE-FHBEW-SKYWE DOCUMENT COMPLETED BY ALL PARTIES ON 02 DEC 2025 19:36:19 UTC SIGNER TIMESTAMP SIGNATURE KATHERINE KENISON EMAIL KKENISON@BASINLAW.COM SENT 26 NOV 2025 23:22:30 VIEWED 27 NOV 2025 21:09:54 SIGNED 27 NOV 2025 21:10:31 IP ADDRESS66.243.236.205 LOCATION ELLENSBURG, UNITED STATES RECIPIENT VERIFICATION EMAIL VERIFIED 27 NOV 2025 21:09:54 MAYOR DUSTIN SWARTZ EMAIL DSWARTZ@CITYOFML.COM SENT26 NOV 2025 23:22:30 VIEWED 01 DEC 2025 21:40:23 SIGNED 01 DEC 2025 21:40:44 IP ADDRESS 104.193.239.74 LOCATION MOSES LAKE, UNITED STATES RECIPIENT VERIFICATION EMAIL VERIFIED 01 DEC 2025 21:40:23 Signed with PandaDoc PAGE 1 OF 2 REF. NUMBER 3HNEM-6DGBE-FHBEW-SKYWE DOCUMENT COMPLETED BY ALL PARTIES ON 02 DEC 2025 19:36:19 UTC SIGNER TIMESTAMP SIGNATURE DEBBIE BURKE EMAIL DBURKE@CITYOFML.COM SENT 26 NOV 2025 23:22:30 VIEWED 01 DEC 2025 15:56:10 SIGNED 02 DEC 2025 19:36:19 IP ADDRESS63.135.54.162 LOCATION MOSES LAKE, UNITED STATES RECIPIENT VERIFICATION EMAIL VERIFIED 01 DEC 2025 15:56:10 Signed with PandaDoc PAGE 2 OF 2