3019 PLN2022-0014 Sagepoint PDDORDINANCE 3019
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MOSES LAKE, WASHINGTON, APPROVING THE SAGEPOINT
PLANNED DEVELOPMENT DISTRICT PURSUANT TO MOSES
LAKE MUNICIPAL CODE CHAPTER 18.67
Recitals:
1. The purpose of the Planned Development District (PDD) 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. 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.
2. A Planned Development District encourages flexibility in design and development that
will result in a more efficient and desirable use of the land.
3. 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.
4. A Planned Development District provides for maximum efficiency in the layout of
streets, utilities, and other public improvements.
5. A Planned Development District produces an integrated or balanced development of
mutually supportive uses that might be otherwise inharmonious or incongruous.
6. On February 17, 2022, the City of Moses Lake Community Development Department
received a consolidated and complete application for three applications: (a) a Planned
Development District; (b) a request for Waivers/Deferrals/Deviations; and (c) a
Preliminary Major Subdivision No. PLN2022-0014. The application materials proposed
the subdivision of Assessor Parcel 090337000, consisting of 6.41 acres, into 35 lots for
residential development and a reduction (waiver/deviation) of the City’s adopted lot
standards.
7. The Hearing Examiner reviewed and considered the Preliminary Major Subdivision,
Waivers/Deferrals/Deviations, and Planned Development District following an open
record public hearing held on November 8, 2022, after which 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 and Waivers/Deferrals/Deviations applications. The
Hearing Examiner issued recommendations to deny the Planned Development District
and Waivers/Deferrals/Deviations. The Hearing Examiner’s decision is detailed in his
written decision dated November 22, 2022, which is attached hereto as Exhibit B.
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8. On January 10, 2023, the City of Moses City Council held a Closed Record Public
Hearing to consider the Hearing Examiner’s recommendations on the Planned
Development District and Waivers/Deferrals/Deviations applications.
9. Pursuant to City of Moses Lake Code Sections18.67.110 and 20.09.030, the City Council
shall consider and adopt or reject the recommendations of the Hearing Examiner.
10. After deliberation and review of the record, the City Council found the proposed Planned
Development District and Waivers/Deferrals/Deviations to promote the public good and
to not be detrimental to the public health, safety, and general welfare. Upon unanimous
vote, the City Council rejected the Hearing Examiner’s recommendations and approved
the Planned Development District and Waivers/Deferrals/Deviations subject to the
conditions set forth herein.
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS
FOLLOWS:
Section 1. The Moses Lake City Council hereby approves, subject to the conditions set forth
in this ordinance, the Sagepoint Planned Development District, as described in
Exhibit A (legal description attached hereto and incorporated herein) and
associated Waivers/Deferrals/Deviations as follows:
a. The City Council adopts the Hearing Examiner’s recommended
Findings of Fact numbers 1-19, and 21-34, and rejects Finding of Fact number 20,
as set forth in Exhibit B;
b. The City Council adopts the Hearing Examiner’s recommended
Conclusions of Law as set forth in Exhibit B;
c. The City Council adopts the Hearing Examiner’s recommended
Conditions of Approval, as set forth in Exhibit B; and
d. The City Council incorporates the above recitals as additional Findings
of Fact.
Section 2. Drew Scott, CAD Homes LLC, or their successor 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 upon the
submission and approval of a final planned development district application and
map(s). Approval for the applicant to proceed with construction shall be
contingent upon receipt and approval by the City Council of a final planned
development district application and map(s).
Section 3. 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.
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Section 4. 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, Washington and signed by its Mayor on
January 24, 2023.
_____________________________________
Don Myers, Mayor
ATTEST:
____________________________________
Debbie Burke, City Clerk
APPROVED AS TO FORM:
__________________________________
Katherine L. Kenison, City Attorney
Vote:Martinez Swartz Myers Fancher Madewell Eck Skaug
Aye X X X X X X
Nay
Recused X
Absent
Date Published: January 30, 2023
Date Effective: February 4, 2023
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Exhibit A
POR TR 45 BATTERY ORCHARD TRACTS (Prelim Sagepoint MP) TAX# 15239 A PARCEL
OF LAND LOCATED IN A PORTION OF TRACT 45, BATTERY ORCHARD TRACTS, BX,
PX, RECORDS OF GRANT COUNTY, WASHINGTON, AND THE SOUTHWEST
QUARTER OF SECTION 33, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., GRANT
COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 4, EWERTS FIRST SHORT PLAT,
BOOK 2 OF PLATS, PAGE 58 RECORDS OF SAID GRANT COUNTY; THENCE NORTH
08°58'44" EAST, ALONG THE WEST LINE OF SAID LOT 4, A DISTANCE OF 130.03
FEET TO THE NORTHWEST CORNER OF SAID LOT 4 AND THE NORTH LINE OF SAID
TRACT 45; THENCE SOUTH 80°33'46" EAST, THE NORTH LINE OF SAID LOT 4 AND
SAID TRACT 45, A DISTANCE OF 107.50 FEET TO THE NORTHEAST CORNER OF
SAID LOT 4; THENCE SOUTH 81°05'00" EAST, ALONG THE NORTH LINE OF SAID
TRACT 45, A DISTANCE OF 160.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 08°58'44" WEST, A DISTANCE OF 160.00 FEET; THENCE NORTH
81°58'44" WEST, A DISTANCE OF 160.00 FEET TO THE EAST LINE OF SAID EWERT'S
FIRST SHORT PLAT; THENCE SOUTH 08°58'44" WEST ALONG SAID EAST LINE, A
DISTANCE OF 249.31 FEET TO THE NORTHEAST CORNER OF LOT 1 OF EWERT'S
FIRST SHORT PLAT; THENCE SOUTH 81°01'23" EAST, ALONG AN EASTERLY
EXTENSION OF THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 25.00 FEET TO
THE NORTHEAST CORNER OF TRACT A AS SHOWN ON RECORD OF SURVEY
BOUNDARY LINE ADJUSTMENT, BOOK 48 OF SURVEYS, PAGE 31 AFN 1195807,
RECORDS OF GRANT COUNTY; THENCE SOUTH 08°58'44" WEST, ALONG THE EAST
LINE OF SAID TRACT A, A DISTANCE OF 89.59 FEET TO THE NORTH LINE OF
BLOCK 5, LOOP PLAT, BOOK 6 OF PLATS, PAGE 1, AFN 231602, RECORDS OF SAID
GRANT COUNTY; THENCE SOUTH 81°01'39" EAST, ALONG THE NORTH LINE OF
SAID BLOCK 5, A DISTANCE OF 458.58 FEET; THENCE SOUTH 81°19'48" EAST,
ALONG THE NORTH LINE OF SAID BLOCK 5, A DISTANCE OF 24.47 FEET TO THE
SOUTHWEST CORNER OF LOT 2, BLOCK 2, DORSING FIRST SHORT PLAT, BOOK 12
OF SHORT PLATS, PAGE 31, AFN 1103742, RECORDS OF SAID GRANT COUNTY;
THENCE NORTH 32°10'00" EAST, ALONG THE WESTERLY LINE OF SAID DORSING
FIRST SHORT PLAT, A DISTANCE OF 543.39 FEET TO THE NORTHWEST CORNER OF
LOT 1, BLOCK 1, OF SAID DORSING FIRST SHORT PLAT AND THE NORTH LINE OF
SAID TRACT 45; THENCE NORTH 81°05'00" WEST, ALONG THE NORTH LINE OF
SAID TRACT 45, A DISTANCE OF 562.01 FEET TO THE TRUE POINT OF BEGINNING.
Document Ref: AQDNZ-M6IZQ-B7C4U-Z9FUX Page 4 of 4
Signature Certificate
Reference number: AQDNZ-M6IZQ-B7C4U-Z9FUX
Document completed by all parties on:
27 Jan 2023 15:54:14 UTC
Page 1 of 1
Signer Timestamp Signature
Katherine Kenison
Email: kkenison@basinlaw.com
Recipient Verification:
Sent:25 Jan 2023 18:34:19 UTC
Viewed:25 Jan 2023 18:46:53 UTC
Signed:25 Jan 2023 18:47:13 UTC
✔Email verified 25 Jan 2023 18:46:53 UTC
IP address: 173.209.171.7
Location: Moses Lake, United States
Mayor Don Myers
Email: dmyers@cityofml.com
Recipient Verification:
Sent:25 Jan 2023 18:34:19 UTC
Viewed:25 Jan 2023 21:18:19 UTC
Signed:25 Jan 2023 21:18:59 UTC
✔Email verified 25 Jan 2023 21:18:19 UTC
IP address: 162.246.30.165
Location: Moses Lake, United States
Debbie Burke
Email: dburke@cityofml.com
Recipient Verification:
Sent:25 Jan 2023 18:34:19 UTC
Viewed:27 Jan 2023 15:53:55 UTC
Signed:27 Jan 2023 15:54:14 UTC
✔Email verified 27 Jan 2023 15:53:55 UTC
IP address: 63.135.54.162
Location: Moses Lake, United States
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