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3020 Maple Landing PDDORDINANCE 3020 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON, APPROVING THE MAPLE LANDING DIVISION NO. 2 PLANNED DEVELOPMENT DISTRICT PURSUANT TO MOSES LAKEMUNICIPAL CODE CHAPTER 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 October 6, 2022, the City received a complete consolidated application for a Preliminary Major Subdivision, request for Waivers/Deferrals/Deviations, and a Planned Development District (PLN2022-0067). The project includes a 26 lot Major Subdivision and Planned Development District within a 4.87 acre property within the R-2, Single-Family and Two (2) Family Residential, Zone. Lots average 5,000 square feet in area. The subdivision will be served with City infrastructure and improved to City standards. The property is located within the portion of Section 10, Township 19 North, Range 28 East, W.M. Grant County, Washington and identified as Assessor’s Parcel No. 170478005. 8. The Hearing Examiner reviewed and considered the Preliminary Major Subdivision, requests for Waivers/Deferrals/Deviations, and the Planned Development District application following an open record public hearing held on December 13, 2022, after which the Hearing Examiner recommended to the City Council conditional approval of the Planned Development District based request for Waivers/Deferrals/Deviations. The Hearing Examiner issued recommendations to approve the Planned Development District Document Ref: AQDNZ-M6IZQ-B7C4U-Z9FUX Page 1 of 23 and Waivers/Deferrals/Deviations as set forth in his written decision dated December 16, 2022, which is attached hereto and incorporated herein as Exhibit A. 9. On January 24, 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. 10. 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. 11. 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. 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 Maple Landing Division No. 2 Planned Development District and associated Waivers/Deferrals/Deviations and adopts the Hearing Examiner’s recommended findings of fact, conclusions of law, and conditions of approval as set forth in Exhibit A. Section 2. Maple Landing 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. 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. Document Ref: AQDNZ-M6IZQ-B7C4U-Z9FUX Page 2 of 23 _____________________________________ 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 Nay Recused X X Absent Date Published: January 30, 2023 Date Effective: February 4, 2023 Document Ref: AQDNZ-M6IZQ-B7C4U-Z9FUX Page 3 of 23 Exhibit A TX# 7821 IN SWNW 10 19 28 TAX# 7821 THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., GRANT COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SUBDIVISION, A DISTANCE OF 445 FEET; THENCE WESTERLY PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION, A DISTANCE OF 515 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WESTERLY PARALLEL TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, A DISTANCE OF 510 FEET, MORE OR LESS, TO A POINT ON THE EAST LINE OF THE USBR DRAIN, AS SHOWN ON PAGE 222-116-31616-38 OF THE PLAT OF IRRIGATION BLOCK 40, COLUMBIA BASIN PROJECT; THENCE NORTH 07°48' EAST ALONG THE EAST LINE OF SAID DRAIN, AND THE EXTENDED EAST LINE OF SAID DRAIN, A DISTANCE OF 450 FEET, MORE OR LESS, TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, THIS POINT BEING HEREBY DESIGNATED POINT 'A'; THENCE BEGINNING AGAIN AT THE TRUE POINT OF BEGINNING; THENCE NORTHERLY PARALLEL TO THE EAST LINE OF SAID SUBDIVISION, A DISTANCE OF 445 FEET, TO THE NORTH LINE OF SAID SUBDIVISION, THENCE WESTERLY ALONG SAID NORTH LINE A DISTANCE OF 450 FEET, MORE OR LESS TO SAID POINT 'A'. Document Ref: AQDNZ-M6IZQ-B7C4U-Z9FUX Page 4 of 23 Document Ref: AQDNZ-M6IZQ-B7C4U-Z9FUX Page 5 of 23 Document Ref: AQDNZ-M6IZQ-B7C4U-Z9FUX Page 6 of 23 Document Ref: AQDNZ-M6IZQ-B7C4U-Z9FUX Page 7 of 23 Document Ref: AQDNZ-M6IZQ-B7C4U-Z9FUX Page 8 of 23 Document Ref: AQDNZ-M6IZQ-B7C4U-Z9FUX Page 9 of 23 Document Ref: AQDNZ-M6IZQ-B7C4U-Z9FUX Page 10 of 23 Document Ref: AQDNZ-M6IZQ-B7C4U-Z9FUX Page 11 of 23 Document Ref: AQDNZ-M6IZQ-B7C4U-Z9FUX Page 12 of 23 Document Ref: AQDNZ-M6IZQ-B7C4U-Z9FUX Page 13 of 23 Document Ref: AQDNZ-M6IZQ-B7C4U-Z9FUX Page 14 of 23 Document Ref: AQDNZ-M6IZQ-B7C4U-Z9FUX Page 15 of 23 Document Ref: AQDNZ-M6IZQ-B7C4U-Z9FUX Page 16 of 23 Document Ref: AQDNZ-M6IZQ-B7C4U-Z9FUX Page 17 of 23 Document Ref: AQDNZ-M6IZQ-B7C4U-Z9FUX Page 18 of 23 Document Ref: AQDNZ-M6IZQ-B7C4U-Z9FUX Page 19 of 23 Document Ref: AQDNZ-M6IZQ-B7C4U-Z9FUX Page 20 of 23 Document Ref: AQDNZ-M6IZQ-B7C4U-Z9FUX Page 21 of 23 Document Ref: AQDNZ-M6IZQ-B7C4U-Z9FUX Page 22 of 23 Document Ref: AQDNZ-M6IZQ-B7C4U-Z9FUX Page 23 of 23 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 Signed with PandaDoc PandaDoc is a document workflow and certified eSignature solution trusted by 30,000+ companies worldwide.