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2471• • • ORDINANCE NO. 2471 AN ORDINANCE CREATING A PLANNED DEVELOPMENT DISTRICT OF MOSES LAKE PURSUANT TO MOSES LAKE MUNICIPAL CODE 18.67 THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. The following described property shall be permitted to develop as Planned Development District No. 13, and shall be named Westlake Planned Unit Development as recorded with the Grant County Auditor. A portion of the southeast quarter of the northeast quarter of the northeast quarter of the southeast quarter and the southeast quarter of the southeast quarter of Section 30, Township 19 North, Range 28 East, Willamette Meridian, City of Moses Lake, Grant County, Washington, described as follows: Beginning at a U.S.B.R. brass cap marking the east quarter corner of Section 30, as shown in Book 54 of Surveys, Page 26, Grant County Auditor's Records; Thence North 89°04'55" West, along the north line of the southeast quarter of Section 30, for a distance of 106.37 feet to the west right-of-way line of Hansen Road, as shown in said survey; Thence along said west right-of-way line the following described courses: Thence along the arc of a 915.00 foot radius curve to the right, through a central angle of 17°37'39", for an arc distance of 281.51 feet, the chord of which bears South 30°56'01" West, 280.40 feet; Thence South 39 '45'38" West, for a distance of 335.32 feet; Thence along the arc of a 995.00 foot radius curve to the left, through a central angle of 32°19'07", for an arc distance of 561.25 feet, the chord of which bears South 23°35'27" West, 553.83 feet; Thence North 82 '34'06" West, for a distance of 100 feet; Thence along the arc of a 1,005.00 foot radius curve to the left, through a central angle of 7°19'27", for an arc distance of 128.47 feet, the chord of which bears south 03°46'10" West, 128.38 feet; Thence South 04°47'54" West, for a distance of 167.37 feet to the north right-of-way line of Frontage Road; Thence along said north right-of-way line South 78°20'23" West, for a distance of 484.85 feet; Thence South 47°20'21" West, for a distance of 169.50 feet to the west line of the east half of the east half of Section 30; Thence North 00°16'40" East, along the west line of the east half of the east half of Section 30, as shown in Survey 54-26, for a distance of 2,684.56 feet to a 5/8 inch iron rod, as shown in Survey Book 54, Page 26, marking the northwest corner of the southeast quarter of the northeast quarter of Section 30, also marking the southwest corner of Lot 12, Block 3 of Country Club Estates No. 5, recorded in Book 11 of Plats, Page 12, Grant County Auditor's Records; Thence South 89°09'38" East, along the north line of the southeast quarter of the northeast quarter of Section 30, also being along the most northerly-south line of Country Club Estates No. 5, for a distance of 772.53 feet to a 5/8 inch iron rod marking the southeast corner of the "Decker Tract", as described under Grant County Auditor's File No. 1064885; Thence North 00°09'49" East, along the east line of the "Decker Tract", for a distance of 237.73 feet to the northeast corner thereof being on the south right-of-way line of Fairway Drive; Thence North 84°35'42" East, for a distance of 482.69 feet to the west right-of-way line of Hansen Road; Thence, along said west right-of-way line, along the arc of a 596.62 foot radius curve to the right, through a central angle of 13°06'32", for an arc distance of 136.50 feet, the chord of which bears North 06 °23'27" West, 136.20 feet; ORDINANCE NO. 2471 PAGE 2 WESTLAKE PUD MAJOR PLAT May 12, 2009 • Thence, continuing along said west right-of-way line, South 00°09'49" West, for a distance of 65.10 feet; Thence, leaving said west right-of-way line, North 89°09'38" West, for a distance of 90.01 feet; Thence South 00 '09'49" West, for a distance of 90.01 feet; Thence South 89°09'38" East, for a distance of 90.01 feet to the west right-of-way line of Hansen Road; Thence South 00°09'49" West, along said west right-of-way line, for a distance of 991.65 feet; Thence, continuing along said west right-of-way line, along the arc of a 915.00 foot radius curve to the right, through a central angle of 17°37'39", for an arc distance of 281.51 feet, the chord of which bears South 30 '56'01" West, 280.40 feet to the true point of beginning. Contains 67.10 acres Section 2. Westlake is a mixed use development that will be developed in multiple plats. The commercial portions are contained within Westlake Village Major Plat. The residential portions are in five plats entitled Westlake Villas- 1 Major Plat through Westlake Villas-5 Major Plat. The land uses that are permitted are: A.Gas station, convenience store, grocery store, retail stores, hotels, and restaurants within Westlake Village Major Plat, except that Block 3 may only be developed with a hotel. B.Detached single family residences within the Westlake Villa Major Plats. C.Detached single family residences or attached single family residences (duplexes or townhouses), with one dwelling unit per lot, within Westlake Villa -3 Major Plat. D.Common open space and parks. E.A community center recreation building and associated parking lot on Lot 8, Block 4, Westlake Villas- 1 Major Plat. Section 3. The Westlake PUD is an overlay zone. The requirements of the underlying R-1 and C-2 Zone are modified as follows: A.Homeowners' association. A homeowners' association shall be required before any residential plats are recorded with Grant County. The Codes, Covenants, and Restrictions for the development shall be submitted to the City for review and shall be recorded concurrently with the plat. The homeowners' association shall be responsible for the maintenance of the site, including but not limited to private streets and utilities, common areas, private park, community center, entry landscaping, gates, landscaping and sidewalk on Fairway Drive, landscaping and sidewalk on Hansen Road, and perimeter wall. B.Streets, sidewalks, and utilities 1.Internal street, sidewalks, and utilities for Westlake Villas shall be private. 2.The constructed width of the residential streets shall not be less than 31' from back of curb to back of curb. 3.For each plat, the public and/or private streets and utilities necessary to serve that plat shall be constructed or bonded for before submittal of the final plat application. 4. Street lighting for both public and private streets shall meet the requirements of Grant County Public Utility District.• ATTEST: L. Wald R. Cone, Finance Director APPROVED AS TO FORM: Ronald C. Covey, Ma ORDINANCE NO. 2471 PAGE 3 WESTLAKE PUD MAJOR PLAT May 12, 2009 5. Future phases of Westlake Villas may use the private streets created in earlier phases for their access. All portions of the Westlake PUD may connect across plat boundaries to private utilities installed in other portions of the PUD. C. Bulk standards: 1.Minimum setback of any building from the exterior boundaries of the development shall be 25'. 2.The minimum lot size for Westlake Villas-3 shall be 6,500 square feet. The minimum lot size for corner lots in Westlake Villas 3 shall be 7,000 square feet. The minimum lot size for the remaining Westlake Villa plats shall be 7,000 square feet, and 7,700 square feet for corner lots. 3.For the Westlake Villa plats, minimum front setback from the property line abutting the private streets shall be 20'. Minimum exterior side setback shall be 15'. Minimum interior side setback shall be 6' for Westlake Villas-3 and 7' for the other Westlake Villas plats. Minimum rear setback shall be 15' for Westlake Villas-3 and 20' for the other Westlake Villas plats. 4.Residential building overhangs such as eaves, cornices, and awnings may project into setbacks not more than 2'; however, no encroachment into easements is allowed, either above or below ground. 5.Block 3 of Westlake Village shall meet the C-2 bulk standards, rather than the standards of the underlying R-1 Zone. Section 4. Odell and Sandra Crittenden or their successor in interest shall be bound to the uses and modifications specified in this ordinance. Section 5. This ordinance shall take effect and be in force five (5) days after its passage and publication as provided by law. Adopted by the City Council and signed by its Mayor on May 12, 2009. AMPIPP • • mes A. Whi .ker, City Attorney • • • •