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
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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,
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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
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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