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ORDINANCE NO. 2465
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).
E. Deviation, Deferral or Waiver: Requests for deviations, deferrals, or waivers of 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 City Council that the requested deviations, deferrals, or waivers be either approved,
conditionally approved, or denied. The City Council shall either approve, conditionally
approve, or deny the requested deviations, deferrals, or waivers based upon the
recommendation of the Planning Commission.
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ORDINANCE NO. 2465
PAGE 2 May 12, 2009
Deviations, deferrals, or waivers of 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 City 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. Procedurally the preliminary and final
planned development district element of a Planned Development District Short Plat, Major
Plat, or Binding Site Plan must be approved prior to the required subdivision approvals. Such
approvals may be given concurrently by the appropriate approving body.
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.
18.67.050 Planned Development District Design Standards: Planned development districts shall be in
compliance with the following design standards:
A.Perimeters of the planned development district shall maintain all required building setbacks
as specified in the applicable zone designation.
B.The planned development district shall be compatible with adjacent land uses and shall not
adversely affect the character of the area in which it is located.
C.Performance standards for the uses enumerated in the planned development district shall
be evaluated in light of the standards established in the Moses Lake Municipal Code for the
underlying zone.
D.Population density and building intensity shall be evaluated in light of the densities and
intensities permitted in the underlying zone.
E.All dedicated right-of-ways within a planned development district shall be evaluated in
accordance with city street and utility standards. The location of sidewalks may be varied as
deemed appropriate when it is found that the planned development district plan provides for
the separation of vehicular and pedestrian circulation patterns.
F.The vehicular movement and parking plan shall be consistent with the existing vehicular
movement and shall not create an overburden.
1. Private streets may be permitted when requested by the developer and are required
when the development is a gated community. All private streets or roadways shall have
direct access onto a dedicated street. Private streets and roadways shall be constructed
in compliance with city street and utility standards subject to modification with City
Council approval. All private streets and roadways shall be designed and maintained to
carry emergency vehicles.
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ORDINANCE NO. 2465
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2.Off-street parking spaces and loading areas shall be provided as specified in Chapter
18.54 of this title. Parking areas shall be designed and constructed according to APWA
standards. Parking lots for more than twenty-five (25) vehicles shall be interspaced with
landscaped areas.
3.The planned development district shall be located with respect to existing right-of-ways
which are adequately designed to handle the generated traffic without creating additional
traffic along minor streets in residential neighborhoods.
4.Planned development district's shall be so located with respect to schools, parks,
playgrounds, and other public facilities so as to have access in the same degree as would
development in a form generally permitted in the area.
G. Utilities:
1.All utilities including electrical lines, telephone lines, and cable TV and radio lines shall
be installed underground except for access terminals in residential zones or residential
areas of a planned development district and commercial zones or commercial areas of
a planned development district.
2.Planned development district's shall be so located in relation to sanitary sewers, water
mains, storm and surface drainage systems, and other utility systems and installations
that will be of adequate size to properly serve the planned development district and
conform to the Comprehensive Water and Sewer Plan.
3.When the streets are privately owned, then all municipal utilities including water mains,
sewer mains, water services, water vaults, fire lines, fire hydrants, and building sewer
lines shall be privately owned and maintained by the property owner/s. The water meters
shall be owned by the city water utility. The meters shall be installed at locations
approved by the Municipal Services Director. A municipal easement to allow the city
water utility to access the water meters for reading and repairing shall be dedicated on
the face of the plat.
4.All water and sewer mains and appurtenances shall meet the current Moses Lake's
Community Street and Utility Standards. The construction plans shall be reviewed and
approved by the Municipal Services Department prior to installing any water and sewer
mains and appurtenances.
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 City 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. •2. Peripheral treatment insures proper transition between planned development district uses
and nearby external uses and developments.
ORDINANCE NO. 2465
PAGE 4 May 12, 2009
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 City 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 City Council approval of an ordinance providing for the establishment of
a planned development district.
18.67.110 City Council Action: Pursuant to Sections 20.09.030 and 2.08.100 of this Code, the City Council
shall consider and adopt or reject the ordinance with respect to the recommendations of the
Planning Commission.
18.67.120 Final Planned Development District Application and Map(s): Upon preliminary planned
development district approval, the applicant shall prepare a final planned development district
application and map(s) as needed.
The final application and map(s) shall be prepared in substantial compliance with the approved
preliminary planned development district application and map(s); contain or depict all information
required in the preliminary application and map(s); and shall incorporate any changes required
by the City Council in granting preliminary planned development district approval.
Preliminary map(s), if suitable, may be submitted as final map(s) with the final application if they
are to be unaltered or are able to be altered to satisfy the final planned development district
map(s) requirements.
In addition, the final planned development district application and map(s) shall contain and/or
depict the following information:
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A. A title report from a title company licensed to do business in the State of Washington dated
within thirty (30) days of the date of filing of the final planned development district application
and map(s) confirming that the title of the lands described and shown on the application
and/or map(s) is in the name of the owners signing the planned development district
application and map(s) and/or instrument of dedication. •
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ORDINANCE NO. 2465
PAGE 5 May 12, 2009
The holder of the owner's power-of-attorney may sign the planned development district
application and map(s) and/or instrument of dedication provided that the title company
confirms that the person signing the documents is in fact the holder of the owner's power-of-
attorney and that title to the land is in the name of the person granting power-of-attorney.
B.Three (3) complete sets of preliminary construction plans and specifications prepared by a
professional engineer licensed by the State of Washington showing all street and utility
improvements required by the City Council in granting planned development district approval.
All construction plans and specifications shall be in conformance with city design standards
and the community street and utility standards. Construction plans and specifications must
be approved by the City Engineer prior to the submission of the final planned Development
District to the Council for approval.
1. Preliminary construction plans and specifications shall be submitted in compliance with
Chapter 17.17.120 (A and B) of the Moses Lake Municipal Code entitled Major
Subdivision, subsection Improvements.
C.Required dedication of all streets, rights-of-way, parks, playgrounds, easements, reservation,
irrigation water rights-of-way, and any area to be dedicated to public use, together with any
restrictions or limitations thereon shall be submitted for City Council approval and acceptance
as a part of the final planned development district plan map(s) or as a separate instrument
of dedication.
D.All covenants proposed to run with the land.
E.A non-refundable fee of two hundred and twenty-five dollars ($225) shall accompany each
and every application for a final planned development district approval.
18.67.150 Final Approval: No building permit shall be issued until final City Council 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.
18.67.160 Landscape Performance Bond :
A.No building permit shall be issued until the applicant has posted a performance bond or other
approved security in a form satisfactory to the City Attorney in such an amount to cover one
hundred and fifty percent (150%) of the cost of completing all landscaping improvements as
required by the City Council in approving the final planned development district. All
landscaping improvements listed in the bond or security must be completed within two (2)
years of City Council approval of the final planned development district.
B.In the event that all landscaping improvements are not completed within the time limit
specified in the performance bond or approved security, the bond may be forfeited and the
city may undertake the installation and completion of all required landscape improvements.
18.67.170 Street and Utility Improvements Performance Bond :
A. No building permit shall be issued until the applicant has posted a performance bond or other
approved security in a form satisfactory to the City Attorney in such an amount to cover one
hundred and fifty percent (150%) of the estimated cost, as determined by the Municipal
Services Director of all street and utility improvements required by the City Council in granting
planned development district approval. All street and utility improvements must be
completed within two (2) years of City Council approval of the final planned development
district.
B. In the event that all street and utility improvements are not completed within the time limit
specified in the performance bond or approved security, the bond or security may be forfeited
ORDINANCE NO. 2465
PAGE 6 May 12, 2009
and the city may undertake the installation and completion of all required street and utility
improvements.
18.67.180 Extension of Bond or Security Time Limit:
A.The City Council may grant one (1) extension of any performance bond or approved security
required by this chapter not to exceed one (1) year provided that the request for an extension
is filed with the Community Development Director at least sixty (60) days prior to the
expiration date of the bond or security.
B.In the event that a time extension is granted, a new performance bond or other approved
security shall be submitted in an amount sufficient to cover one hundred and fifty percent
(150%) of the cost of completing utility and street improvements or landscaping
improvements. The bond will be updated with new estimates of cost on all uncompleted
improvements and all increased costs shall be passed onto the bond.
C.Departments issuing recommendations for new performance bonds or approved security
shall not modify the terms and requirements of the bond or security other than to pass on all
increased cost estimates as determined by the Municipal Services Director to the bond or
security to cover the cost of completing utility and street improvements and/or landscaping
improvements without the written consent of the applicant.
18.67.190 Maintenance Bond: Upon completion of the required public improvements and prior to
acceptance by the City Council, the subdivider/ developer must submit a maintenance bond or
alternative security approved by the City Attorney in an amount determined by the City Engineer
and approved by the Municipal Services Director. The maintenance bond amount shall be one
hundred percent (100%) of the actual cost of construction. An alternative security shall be in an
amount not less than ten percent (10%) nor more than one hundred percent (100%) of the actual
cost of construction. The amount shall be determined on a case by case basis based upon the
City Engineer's estimated cost of repair or maintenance should repair or maintenance be
required. The subdivider/developer shall submit documentation of the cost of construction to the
City Engineer for his review and approval and use in determining the required bond or alternative
security amount.
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 :
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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.
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Adopted by the City Council and signed by its Mayor on May 12 2009.
Ronald C. Covey, Mayo
ATTEST:
onald R. Cone, Finance Director
APPROVED AS TO FORM:
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ORDINANCE NO. 2465
PAGE 7 May 12, 2009
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ORDINANCE NO. 2465
PAGE 7 May 12, 2009
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 City Council to adopt a repeal ordinance. At consideration of the
recommendation to the City Council to adopt the repealing ordinance the Planning
Commission may grant the requested extension based upon the testimony given at the
meeting.
6.If the extension is approved, the consideration of a recommendation to the City 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 City Council to repeal the ordinance
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.
•2. The Planning Commission may grant one (1) extension not to exceed one (1) year of the
ordinance establishing the planned development district.
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