3050 Nelson Rd Planned Dev District
ORDINANCE 3050
AN ORDINANCE CREATING A PLANNED DEVELOPMENT
(NELSON ROAD) DISTRICT OF MOSES LAKE PURSUANT TO MOSES LAKE MUNICIPAL CODE 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.
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 Nelson Road Planned Development District, as described in Legal Description Exhibit A as
recorded with the Grant County Auditor and shall be named Nelson Road
Planned Development District (PLN2022-0034). The West half of the Northwest quarter of Section 26, Township 19 North, Range 28 E.W.M., Grant County, Washington, lying Westerly of Montlake Drive (formerly Potato Hill Road), EXCEPT the Northerly 30 feet thereof conveyed to the City of Moses Lake by deed recorded May 20, 1960, under Auditor's file No. 364686.
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AND EXCEPT the plat of Hyland Park Addition No. 1, as per plat recorded in Volume 7 of Plats, page 70, records of Grant County, Washington. AND EXCEPT that portion of the Northwest quarter of the Northwest quarter of Section 26, Township 19 North, Range 28 E.W.M., Grant County, Washington, described as follows:
Beginning at the Northwest corner of said Section; thence Easterly along the North line of said Section, a distance of 390 feet; thence Southerly parallel to the West line of said Section, a distance of 145 feet; thence South 33°19'00" West, a distance of 355 fee; thence North 89°49'30" West, a distance of 200 feet, more or less, to the West line of said Section 26, thence Northerly,
along said West line, a distance of 445 feet, more or less, to the true point of beginning. AND EXCEPT a tract of land in a portion of the Northwest quarter of Section
26, Township 19 North, Range 28 East, W.M., Grant County, Washington, more fully described as follows:
Commencing at the Northwest corner of said Section 26, a U.S.B.R. Brass Cap in monument case at the intersection of Nelson Road and Eastlake Drive, from which the West quarter corner of said Section 26, a 3 ½" Brass
Cap in monument case bears South 00°10'30" West, a distance of 2,647.24 feet; thence South 00°10'30" West, a distance of 30.00 feet; thence South
89°56'44" East, a distance of 39.98 feet to the Northwest corner of the lot comprising 2.74 acres of the Broadripple VI Plat, per the plat thereof
recorded in Book 11 of Plats, Page 24, records of said Grant County; thence continuing South 89°56'44" East, along the North line of said Broadripple VI
lot and the South right of way of Nelson Road, a distance of 350.02 feet to the Northeast corner of said Broadripple VI Lot and the true point of
beginning; thence South 00°10'30" West along the East line of said Broadripple VI Lot
115.00 feet; thence South 33°16'57" West along the Southeast line of said Broadripple VI lot, a distance of 12.67 feet; thence South 56°43'03" East, a
distance of 35.65 feet; thence South 89°56'44" East, parallel with the centerline of said Nelson Road, a distance of 84.15 feet; thence North
00°03'16" East, perpendicular to the centerline of said Nelson Road, a distance of 145.13 feet to the South right of way of said Nelson Road; thence
North 89°56'44" West, a distance of 106.78 feet to the true point of beginning.
Section 2. Nelson Road Planned Development District has 97 lots and 3 tracts on 12.09
acres.
Section 3. The Nelson Road Planned Development District is located within the R3-Multi-Family Residential zone. The R3 Multi-Family zoning standards are modified as follows:
A. Minimum lot size (in square feet) - 3,000 sqft
B. Minimum lot size for a corner lot (in square feet) - 3,000 sqft
C. Minimum lot size for a two-family dwelling (in square feet) – N/A
D. Additional lot area per dwelling unit in excess of 2 dwelling units
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(in square feet) -zero
E. Minimum lot depth on an arterial - 100'
F. Front yard and exterior side yard setback - living space - 15'
G. Front yard and exterior side yard setback - Garage - 20'
H. Front yard and exterior side yard setback - porches, covered entryways, and similar unenclosed building projections - 10'
I. Maximum lot coverage for multi-family structures - 75%
J. Maximum height of primary structure - 45'
K. Maximum height of detached accessory structure - 20'
L. The development shall be constructed essentially as conditioned and presented to the Hearing Examiner and City Council.
Section 4. The development will meet the following conditions:
A. The applicant shall address and provide treatment of the perimeter of the planned development district. Including materials and techniques used as screens, fences, and walls.
B. The applicant shall create a Home Owners Association (HOA) for the
maintenance of common facilities.
C. The applicant shall develop the recreation and open space in the drawing in the revised Planned Development District Narrative. Final design and landscaping plans compliant with MLMC Chapter 18.57 shall be transmitted to Community Development with the construction plan set for
the subdivision. Shall include, but not be limited to:
a. MLMC 18.67.050 (F) (2)- Parking lots for more than twenty-five (25) vehicles shall be interspaced with landscaped areas.
b. MLMC18.67.040 (O), the proposed treatment of the perimeter of the planned development district, including materials and techniques
used such as screens, fences, and walls. Specifically, the area
adjacent to the multifamily complex and property line shall be enhanced and/or screened to provide a perimeter treatment as determine by the City of Moses Lake.
c. The front, build and parking lot landscaping shall be revised to meet
landscaping standards.
Section 5. Sapphire Homes, Inc. 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) as recommended by the Hearings Examiner in
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Exhibits A and C.
Section 5. 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 6. 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, WA and signed by its Mayor on September 10, 2024.
Dustin Swartz, Mayor
ATTEST:
________________________ Debbie Burke, City Clerk
APPROVED AS TO FORM:
Katherine L. Kenison, City Attorney
Martinez Swartz Myers Lombardi Madewell Fancher Skaug
Vote:
Date Published: September 16, 2024
Date Effective: September 21, 2024
Aye Aye Aye Aye AyeAye Nay
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Exhibit A
The West half of the Northwest quarter of Section 26, Township 19 North, Range 28 E.W.M., Grant County, Washington, lying Westerly of Montlake Drive (formerly Potato Hill Road), EXCEPT the Northerly 30 feet thereof conveyed to the City of Moses Lake by deed recorded May 20, 1960, under Auditor's file No. 364686. AND EXCEPT the plat of Hyland Park Addition No. 1, as per plat recorded in Volume 7 of Plats, page 70, records of Grant County, Washington. AND EXCEPT that portion of the Northwest quarter of the Northwest quarter of Section 26, Township 19 North, Range 28 E.W.M., Grant County, Washington, described as follows: Beginning at the Northwest corner of said Section; thence Easterly along the North line of said Section, a distance of 390 feet; thence Southerly parallel to the West line of said Section, a distance of 145 feet; thence South 33°19'00" West, a distance of 355 fee; thence North 89°49'30" West, a distance of 200 feet, more or less, to the West line of said Section 26, thence Northerly, along said West line, a distance of 445 feet, more or less, to the true point of beginning. AND EXCEPT a tract of land in a portion of the Northwest quarter of Section 26, Township 19 North, Range 28 East, W.M., Grant County, Washington, more fully described as follows: Commencing at the Northwest corner of said Section 26, a U.S.B.R. Brass Cap in monument case at the intersection of Nelson Road and Eastlake Drive, from which the West quarter corner of said Section 26, a 3 ½" Brass Cap in monument case bears South 00°10'30" West, a distance of 2,647.24 feet; thence South 00°10'30" West, a distance of 30.00 feet; thence South 89°56'44" East, a distance of 39.98 feet to the Northwest corner of the lot comprising 2.74 acres of the Broadripple VI Plat, per the plat thereof recorded in Book 11 of Plats, Page 24, records of said Grant County; thence continuing South 89°56'44" East, along the North line of said Broadripple VI lot and the South right of way of Nelson Road, a distance of 350.02 feet to the Northeast corner of said Broadripple VI Lot and the true point of beginning;
thence South 00°10'30" West along the East line of said Broadripple VI Lot 115.00 feet; thence South 33°16'57" West along the Southeast line of said Broadripple VI lot, a distance of 12.67 feet; thence South 56°43'03" East, a distance of 35.65 feet; thence South 89°56'44" East, parallel with the centerline of said Nelson Road, a distance of 84.15 feet; thence North 00°03'16" East, perpendicular to the centerline of said Nelson Road, a distance of 145.13 feet to the South right of way of
said Nelson Road; thence North 89°56'44" West, a distance of 106.78 feet to the true point of beginning.
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PLN2023-0009 01/20/2023 MKT
APPROX. PROJECT
BOUNDARY
NOT TO SCALE
601 West Main Avenue, Suite 305
Spokane, WA 99201-0613
509.252.5019 TEL
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EXISTING LAND E
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§ MULTI FAMILY RESIDENTIAL
Nelson Road POD
City of Moses Lake Land Use Map
DRAWN BY: Evan Tremaine PE DATE: 10/4/2022 JOBNO.: 2200955.10
EXHIBIT B
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EXHIBIT C
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Signature Certificate
Reference number: FGTPQ-3PZXY-PXRZH-YFDT4
Document completed by all parties on:
20 Sep 2024 15:33:19 UTC
Page 1 of 1
Signer Timestamp Signature
Katherine Kenison
Email: kkenison@basinlaw.com
Recipient Verification:
Sent:11 Sep 2024 23:51:38 UTC
Viewed:12 Sep 2024 00:29:28 UTC
Signed:12 Sep 2024 00:29:48 UTC
✔Email verified 12 Sep 2024 00:29:28 UTC
IP address: 12.75.215.70
Location: Anaheim, United States
Mayor Dustin Swartz
Email: dswartz@cityofml.com
Shared via link
Sent:11 Sep 2024 23:51:38 UTC
Viewed:16 Sep 2024 21:11:16 UTC
Signed:16 Sep 2024 21:11:29 UTC
IP address: 74.82.240.250
Location: Moses Lake, United States
Debbie Burke
Email: dburke@cityofml.com
Recipient Verification:
Sent:11 Sep 2024 23:51:38 UTC
Viewed:20 Sep 2024 15:33:08 UTC
Signed:20 Sep 2024 15:33:19 UTC
✔Email verified 20 Sep 2024 15:33:08 UTC
IP address: 63.135.54.162
Location: Moses Lake, United States
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