2289•ORDINANCE NO. 2289
AN ORDINANCE AMENDING CHAPTER 18.67 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "PLANNED DEVELOPMENT DISTRICT ZONE"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Chapter 18.67 of the Moses Lake Municipal Code entitled "Planned Development District Zone"
is amended as follows:
18.67.030 General Planned Development District Application Requirements:
A. Pre-Application Conference:
1.Prior to submission of a planned development district application and map(s), the
proponent shall schedule a pre-application conference with the Community Development
Director and representatives of other affected city departments. The proponent shall
present a conceptual plan of the planned development district including a general outline
of the proposal represented by sketch plans. The Community Development Director will
respond informally and address potential items of concern to aid the proponent in
preparing the planned development district application and map(s).
2.The Community Development Director shall furnish the proponent with a written review
of the conference regarding the relationship of the planned development district to the
Comprehensive Plan and any applicable city zoning ordinances, design standards, and
policies.
B.Study Session: Prior to the submission of the planned development district application and
map(s) to the Planning Commission for action, the Community Development Director shall
schedule a Planning Commission study session. The Community Development Director and
the planned development district proponent shall present the conceptual planned
development district to the Planning Commission so that the Planning Commission may study
the proposal.
C.Planned Development District Application and Maps: The planned development district
application and map(s) shall be filed with the Community Development Department on forms
prescribed by the Community Development Department. The application shall be
accompanied by eleven (11) copies of the planned development district application and
map(s). A non-refundable fee of two hundred dollars ($200) shall accompany each and every
application for a preliminary planned development district. If a development is planned for the
zoning overlay district, a separate fee for the plat or binding site plan shall also be paid per
the city's fee schedule for processing such developments.
D.Environmental Information: Environmental information shall be prepared and submitted in
accordance with the guidelines established under the State Environmental Policy Act of 1971,
as amended and Chapter 14.04 of the Moses Lake Municipal Code entitled "Environmental
Regulations." Said information is a part of and must accompany the planned development
district application and map(s).
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E. Deviations: Requests for deviations of city Design Standards and Community Street and
Utility Standards shall be submitted as a part of and must accompany the planned
development district application and map(s). The Planning Commission shall recommend to
the Council that the requested deviations be either approved, conditionally approved, or
denied. The Council shall either approve, conditionally approve, or deny the requested
deviations based upon the recommendation of the Planning Commission. •
ORDINANCE 2289
PAGE 2 January 9, 2007
Variance(s) of city Design Standards and Community Street and Utility Standards shall be
listed in the ordinance conditionally approving and establishing the planned development
district.
F.Comprehensive Plan: The planned development district shall be consistent with the city's
Comprehensive Plan.
G.Findings of Fact: Every decision or recommendation made under this chapter by the Planning
Commission or Council shall be in writing and shall include findings of fact and conclusions
to support the decision or recommendation.
H.Subdivision Approval: A planned development district for which subdivision or binding site
plan approval is required may be submitted as a Planned Development District Short Plat, a
Planned Development District Major Plat, or a Planned Development District Binding Site
Plan. Such a planned development district shall be submitted and processed in conformance
with the appropriate subdivision chapter of the Moses Lake Municipal Code and the
requirements of this chapter. Redundant procedures or technical requirements shall be
incorporated into the requirements and procedures of the appropriate subdivision chapter so
as to not create unnecessary hardship or delay.
I.Titles: Planned development districts shall be appropriately entitled, i.e. Planned Unit
Development District, Planned Unit Residential Development District, Planned Commercial
Development District, or Planned Industrial Development District.
18.67.040 Preliminary Planned Development District Requirements: The preliminary planned development
district application and map(s) shall depict or contain the following information:
A.A legal description of the total site proposed for development including a statement of the
present and proposed ownership and present and proposed zoning.
B.A statement of the planning objectives to be achieved by the planned development district
through the particular approach proposed by the applicant.
C.An itemized list of the proposed modifications to the bulk and use regulations of the underlying
zone(s).
D.A development schedule indicating the approximate date when construction of the planned
development district or stages of the planned development district can be expected to begin
and be completed.
E.A statement of the applicant's intention with regard to the future selling or leasing of all or
portions of the planned development district.
F.Quantitative data for the following: number and type of structures; parcel size; proposed lot
coverage by buildings and structures; approximate gross and net residential densities; and
the total amount of open space.
G.Relationship of the property to the surrounding area including identification of adjacent land
uses, zoning, and peripheral treatment of the planned development district to maximize
compatibility and integration of the planned development district with adjacent uses.
H.Proposed land uses and approximate building locations or buildable areas.
I.A general landscape plan.
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J.Existing site conditions including contours at two foot (2') intervals and unique natural
features.
K.A list of the names and addresses of all owners of record of real property within five hundred
feet (500') of the external boundaries of the proposed planned development district. In
addition, the proponent shall submit a list of the names and addresses of all owners of record
of real property within three hundred feet (300') of real property which lies adjacent to the
external boundaries of the proposed planned development district and is owned by the
proponent.
L.The existing and proposed circulation system of arterial, collector and local streets including
off-street parking areas, service areas, loading areas, storage areas, and points of ingress
and egress to the planned development district.
M.Existing and proposed utility systems including sanitary sewers, storm sewers, water,
electrical lines, natural gas lines, TV and radio cable lines, and telephone lines.
N.The proposed pedestrian circulation system.
0. The proposed treatment of the perimeter of the planned development district, including
materials and techniques used such as screens, fences, and walls.
P.Vicinity map showing adjacent subdivision.
Q.The method of maintaining common facilities.
R.Proposed lot lines.
S.The location and size in areas or square feet of all areas to be conveyed, dedicated, or
reserved as common open space, public parks, recreational areas, school sites, streets, and
similar public, and semi-public uses.
18.67.070 Planning Commission Public Hearing: When the Community Development Director determines
that the completed planned development district application and map(s) is acceptable the Director
shall set a date for a public hearing on the planned development district before the Planning
Commission.
18.67.080 Notice: The Community Development Director shall give notice of the application and public
hearing in the manner provided in Chapter 20.07.
18.67.090 Planning Commission Action:
A.The Community Development Director shall transmit the planned development district
application and map(s), respective comments and recommendations from other offices,
agencies, and city departments, and Community Development Department comments and
recommendations to the Planning Commission prior to the hearing.
B.The Planning Commission shall review the planned development district application and
map(s), municipal recommendations, testimony, and exhibits submitted at the hearing and
make recommendations to the Council to assure conformance of the proposed planned
development district with the provisions of this chapter and a determination that:
1. The planned development district shall be compatible with nearby developments and • uses.
ORDINANCE 2289
PAGE 4 January 9, 2007
2.Peripheral treatment insures proper transition between planned development district uses
and nearby external uses and developments.
3.The development will be consistent with the Comprehensive Plan and with the purpose
of a planned development district.
4.The planned development district can be completed within a reasonable period of time.
C.Upon Planning Commission review of a planned development district application and map(s),
the Community Development Director shall prepare an ordinance providing for the designation
of the subject property as a planned development district. That ordinance shall establish the
planned development district as a floating district to be superimposed over the existing zone
and provide for specific modifications of the bulk and use regulations and performance
standards as provided for in the ordinance. The ordinance shall specify the specific
modifications to the underlying zone's bulk regulations and performance standards. The
ordinance shall provide that the applicant or the applicant's successor in interest shall be
bound to the uses and modifications specified in the ordinance.
D.The ordinance providing for the designation of the subject property as a planned development
district shall conditionally approve the preliminary planned development district. The ordinance
shall only confer development rights upon the applicant or the applicant's successor in interest
upon the submission and approval of a final planned development district application and
map(s) which shall be in substantial conformity with the preliminary planned development
district application and map(s). Approval for the applicant to proceed with construction shall
be contingent upon receipt and approval by the Council of a final planned development district
application and map(s).
E.The Planning Commission shall enter findings, conclusions and decision that shall
recommend to the Council approval of an ordinance providing for the establishment of a
planned development district.
18.67.110 City Council Action:
A. Pursuant to Sections 20.09.030 and 2.08.100 of this Code, the Council shall consider and
adopt or reject the ordinance with respect to the recommendations of the Planning
Commission.
18.67.130 Final Review:
A.Planning Commission Action: Within forty-five (45) days of filing of the complete and
satisfactory final planned development district application and map(s) with the Community
Development Department, the Community Development Director shall set a date for Planning
Commission review of the final planned development district application and map(s). The
Planning Commission shall approve or disapprove the final planned development district
application and map(s) unless the subdivider consents to an extension of such time period in
writing.
B.If the Planning Commission finds that the planned development district proposed for final
approval conforms to all terms of the preliminary planned development district approval, the
requirements of this chapter, applicable state laws, and any other requirements that were in
effect at the time of preliminary planned development district approval, it may recommend
approval of the final planned development district application and map(s).
18.67.150 Final Approval: No building permit shall be issued until final approval of the planned development
district and/or until completion and/or fulfillment of the subdivision or binding site plan
requirements of the Moses Lake Municipal Code.
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PAGE 5 January 9, 2007
18.67.220 Repeal of Planned Development District Ordinance:
A. The Community Development Director shall prepare and submit to the Planning Commission
a proposed ordinance providing for the repeal of the ordinance establishing the planned
development district upon the occurrence of the following:
1.A final planned development district application and map(s) has not been submitted within
three (3) years of adoption of the ordinance conditionally approving and establishing the
planned development district unless an application for an extension has been approved
by the Planning Commission.
2.Construction has not commenced within two (2) years of final planned development
district approval or in compliance with the final approved planned development district
construction schedule unless an application for an extension has been approved by the
Planning Commission.
B. Application for Time Extension:
1.Sixty (60) days prior to the first reading of an ordinance to repeal the ordinance
establishing the planned development district, the responsible party of record representing
the planned development district shall be notified by certified letter via U. S. mail of the
pending action and shall be afforded the opportunity to submit an application or an
extension of the planned development district ordinance.
2.The Planning Commission may grant one (1) extension not to exceed one (1) year of the
ordinance establishing the planned development district.
3.Application for an extension shall be made to the Planning Commission at least thirty (30)
calendar days prior to the scheduled date of a first reading of the repeal ordinance. A
non-refundable application fee of one hundred dollars ($100) shall accompany each and
every application for an extension.
4.The application shall include a statement of mitigating and/or hardship circumstances
necessitating the request for an extension.
5.At a public meeting of the Planning Commission there shall be a consideration of a
recommendation to the Council to adopt a repeal ordinance. At consideration of the
recommendation to the Council to adopt the repealing ordinance the Planning
Commission may grant the requested extension based upon the testimony given at the
meeting.
7. If the extension is approved, the consideration of a recommendation to the Council
concerning a repealing ordinance will be redocketed for consideration at the termination
of the one (1) year extension period. In the event that a final planned development district
application and map(s) has not been submitted within the one (1) year extension period
or in the event that construction has not commenced within the one (1) year extension,
there shall be a recommendation to the Council to repeal the ordiance creating the
planned development district.
Section 2. This ordinance shall take effect and be in force five (5) days after its passage and publication of
its summary as provided by law.
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January 9, 2007 PAGE 6
Adopted by the City Council and signed by its Mayor on J
Ronald C. Covey, Mayo ATTEST:
07.
ORDINANCE 2289
APP
ald R. Cone, Finance Director
*VED AS TO FOR
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'taker, City Attorney James A. W
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