Planned unit developments may be allowed within the R-100 and public reserve (PR) zones; provided, that planned unit development approval is obtained as provided in this section.

(Ord. 1183 §1, 2006).

"Planned unit development" means the unified development of a site for the construction of residential, commercial, or industrial projects utilizing building groups, large-scale site planning, and arrangement of specific structures and open spaces to permit a more advantageous use of the property.

(Ord. 1183 §2, 2006).

(a)

Uses outright permitted in a planned unit development shall include permitted, accessory and conditional uses allowed in the underlying zone districts.

(b)

In addition to the uses allowed in the underlying zone, the following uses shall be allowed subject to review:

(1)

Community facilities;

(2)

Indoor recreation facilities such as athletic clubs or fitness centers, racquetball courts, swimming pools, tennis courts, or other similar uses;

(3)

Outdoor recreation facilities such as swimming pools, tennis courts, golf courses or similar uses;

(4)

Community-oriented retail (only in projects in excess of one hundred acres in size) consistent with the size of the PUD; and

(5)

Limited neighborhood uses.

(c)

In addition to the uses allowed in the underlying zone, the following uses shall be allowed outright where they are only serving the development, and where all other applicable standards are met:

(1)

Recreation vehicles' storage areas; and

(2)

Household storage areas.

(d)

In order to expand uses allowed in the development, the applicant shall demonstrate that:

(1)

The proposed use is consistent with those uses allowed by the underlying zone district; and

(2)

The expanded uses will benefit and serve the residents or employees of the proposed development.

(Ord. 1183 §3, 2006).

To compensate for any decrease in lot size, the development shall set aside common open space. The amount of open space to be provided shall be determined by:

(1)

Subtracting the required square footage requirement set forth in the underlying zoning district from the amount of each lot that is smaller than required; and then

(2)

Adding together the results obtained in subsection (1) of this section for each lot.

(3)

Maintenance of common open space shall be assured by covenants or other permanent legal mechanisms acceptable to the city attorney. Such covenants shall determine maintenance responsibilities and a financial plan for their payment.

(4)

Developments that exceed design features, open space requirements and recreational facilities for the underlying zone, or utilizes alternative energy conservation measures, may request an increase in allowed residential density of five percent or less.

(Ord. 1183 §4, 2006).

(a)

The following development standards of the underlying zoning district(s) may be modified or eliminated in a planned unit development: minimum lot size; minimum lot width; the front, rear and side yard setbacks; and building height.

(b)

The setback from shoreline and recreational requirements of the underlying zoning district(s) may be modified or eliminated subject to obtaining the required permit(s) pursuant to the shoreline master program.

(Ord. 1183 §5, 2006).

(a)

Minimum acreage required for PUD: one acre.

(b)

Common open space requirements shall be as follows:

(1)

Common open space may consist of natural vegetation, water, landscaping or improved recreational facilities. However, no greater than fifty percent of the required density shall be in water, natural vegetation or slopes greater than thirty percent. A permanent legally enforceable provision for the retention and maintenance of the open space shall be provided.

(2)

Common open space and recreation areas shall be provided in such a manner that they are accessible to all residents of the development or to the public if deeded to the city.

(c)

Boundary Setback. Separation from the uses adjacent to the planned unit development shall include:

(1)

The boundary of a planned unit development shall be designed to provide a transition between the planned unit development and adjacent uses. To lessen any impacts on the surrounding neighborhood, landscaping may be required.

(2)

A permanent open space area at least twenty-five feet in width shall border a planned unit development when abutting residential zone. The permanent open space shall be maintained landscaping.

(3)

Boundary setbacks and landscaping along the perimeter of a planned unit development shall be considered as required open space.

(d)

Access meeting city standards shall be provided to all uses within a planned unit development.

(e)

All utilities, including electrical, telephone, and TV cables, shall be placed underground.

(f)

Standards for recreational and commercial uses within planned unit developments:

(1)

No intensive recreational or commercial use shall be allowed within one hundred fifty feet of the boundary to any adjacent residential zoning district.

(2)

Planned unit developments in residential districts shall be designed to minimize the impacts of recreational and commercial uses on adjacent residences.

(3)

Commercial uses in a planned unit development located in a residential zone shall be located adjacent to a public or private collector or an arterial street.

(g)

All planned unit developments shall comply with adopted city standards.

(Ord. 1183 §6, 2006).

(a)

All applications for planned unit developments must be complete before the permit issuing authority is required to consider the application. An application is complete when it contains all of the information that is necessary for the permit-issuing authority to evaluate a project. The appropriate fee shall accompany a complete application.

(b)

A complete preliminary development plan shall provide the following information:

(1)

The boundaries of the site;

(2)

All existing and proposed public and private streets and ways within and adjacent to the site. Private streets and ways shall be labeled as private lanes, provided that the public works/community development director, subject to final approval by the city council, may authorize deviation from strict compliance with the requirement to label a private street or way, as a "lane" in the E-911 addressing system in circumstances where physical, geographic, demographic, or social conditions make such deviation necessary to the success, integrity, and spirit of the system;

(3)

The location and design of parking facilities, including points of ingress and egress;

(4)

The proposed location, vertical height and envelope of all proposed buildings;

(5)

The location, vertical height and envelope of all existing buildings;

(6)

All proposed and existing lot lines;

(7)

The number of proposed residential units and location of proposed commercial or industrial spaces in each building;

(8)

The development plan or a separate document shall include a typical elevation of all buildings proposed for the planned unit development, including single-family dwellings and duplexes;

(9)

All open space and recreational areas;

(10)

Information on existing and proposed topography shall be shown with contour intervals of no greater than five feet;

(11)

A general plan of the proposed landscaping and the location and composition of the landscaping;

(12)

All existing and proposed bodies of water, drainage ways and the proposed drainage improvements;

(13)

The location of all existing and proposed utilities;

(14)

Any areas, facilities or ways to be dedicated to the public shall be clearly marked on the development plan;

(15)

The proposed treatment of the exterior boundary of the site;

(16)

A vicinity map;

(17)

Quantitative data for the following: total site area, public open space, private open space, total number of dwelling units, number of dwelling units by type, acreage of commercial or industrial developments, and the acreage used for roads and vehicles' access ways.

(c)

The application shall be submitted to the city. The planning commission and/or city council may request additional information necessary for review of the application.

(Ord. 1183 §7, 2006).

(a)

Pre-application Review. Prior to formally submitting an application, applicants are encouraged to contact the city for information regarding development requirements.

(b)

Review of the Preliminary Development Plan.

(1)

An application containing the information required in Section 18.44.070(b) of this chapter shall be submitted to the city;

(2)

Review of the preliminary application shall be completed within one hundred twenty-one days after all requirements under the State Environmental Policy Act have been satisfied;

(3)

The city clerk shall schedule the application for a public hearing before the first available planning commission meeting which satisfies public hearing notice requirements. Notice of the hearing shall be as provided in Section 17.84.030 of this code;

(4)

At such hearing, the planning commission shall determine whether the proposed planned unit development is in compliance with the review criteria for planned unit developments and other city regulations. After its review, the planning commission shall issue a recommendation to the city council, as to whether the planned unit development should be approved, approved with conditions, or denied. The recommendation of the planning commission shall be forwarded to the city council within ninety days; in the event the project falls within the shorelines, one hundred twenty days shall be allowed from the conclusion of the public hearing;

(5)

After receiving the recommendation of the planning commission, the city council shall schedule a public hearing on the application. Notice of the hearing shall be as provided in Section 17.84.030 of this code;

(6)

At the hearing, the city council shall determine whether the proposed planned unit development is in compliance with all city codes and policies. The city council may approve, approve with conditions, or deny this application. Approval shall be in the form of an ordinance. Any required conditions shall be included in the ordinance and the preliminary development plan shall be referenced by the ordinance;

(7)

The decision of the city council may be appealed within twenty-one calendar days to the superior court.

(c)

Review of Final Development Plan.

(1)

A final development plan containing the information required shall be submitted to the city. All drawings pertaining to the final development plan shall be prepared on the same sized sheets twenty-four by thirty-six inches, thirty-six by forty-two inches, or thirty by forty inches in dimension. Written material shall be submitted unbound, typed and on eight and one-half by eleven inch paper. The information provided shall reflect the planned unit development as approved by the city council;

(2)

The public works/community development director shall review the final development plan for compliance with the approved preliminary development plan, including any required conditions. The public works/community development director may approve minor adjustments, provided the adjustments do not increase the density of the development or reduce the amount of open space. Minor adjustments may affect the precise dimensions or location of buildings and accesses, and lot dimensions;

(3)

A final development plan meeting all requirements shall be signed by the city and placed on file with the Grays Harbor County auditor. Any aggrieved person may appeal the city's decision of the PUD's compliance, with the city council's preliminary approval within twenty-one days of the decision. No development shall occur on the subject property until the appeal period has expired;

(4)

If the public works/community development director determines the final development plan is not in compliance with the approved preliminary development plan, the applicant shall either resubmit the final development plan, appeal the determination to the city council or withdraw from the planned unit development review process. All appeals shall be made within twenty-one days of the decision of the division;

(5)

The public works/community development director's review of the final development plan shall be completed within ninety days of submittal. If no determination to accept or reject the final development plan is made within the ninety-day period, the plan shall be automatically approved as presented;

(6)

If an appeal of the city's decision is filed, the city shall schedule the appeal for a public hearing before the first available city council meeting that satisfies public hearing notice requirements. Notice of the hearing shall be as provided in Section 17.84.030 of this code. At such public hearing, the city council shall determine where the final development plan is in compliance with the approved preliminary development plan. If the city council determines that compliance has been met, then the public works/community development director shall be directed to approve the final development plan in accordance with this section. If the final development plan is determined by the city council not to comply with the council's approved preliminary development plan, then the final development plan shall be corrected accordingly by the applicant and resubmitted to the city.

(d)

Following approval of the final development plan, the division shall amend the zoning map of the city of Cosmopolis to reflect the addition of the planning unit development combining district to the underlying zoning district. The public works/community development director shall also indicate on the zoning map the number of the ordinance adopting the change.

(Ord. 1183 §8, 2006).

Planned unit developments shall be evaluated in accordance with the following criteria:

(1)

Compliance with the policies of the comprehensive land use plan and the requirements of this section;

(2)

Compatibility of the proposed planned unit development with other allowed uses within the vicinity.

(Ord. 1183 §9, 2006).

(a)

If a final development plan is not submitted for approval within three years of the effective date of the ordinance approving the preliminary development plan, the ordinance authorizing the development shall expire.

(b)

If the public works/community development director returns a final development plan for correction or revision, the preliminary development plan shall expire if a revised final development plan is not resubmitted to the city within two hundred forty calendar days or if the city's decision is not appealed, within twenty-one days.

(c)

If a complete building permit application has not been submitted for approval within three years of the date the final development plan was approved, the final development plan and the planned unit development combining district shall expire and the property shall revert to the zoning classification in effect upon the date of application for the preliminary development plan.

(Ord. 1183 §10, 2006).

Upon approval of the final development plan, the public works/community development director may approve minor adjustments; provided that the adjustments do not affect the basic character or arrangements of buildings, density of the development or minimum requirements for total open space. Minor adjustments may affect the precise dimensions or locations of buildings and accesses, provided the adjustments do not vary by more than ten percent from the preliminary development plan.

(Ord. 1183 §11, 2006).

Agreements and/or plans for the permanent maintenance of all common areas or improvements within or serving a planned unit development which are not dedicated to and accepted by a public agency shall be provided within the final development plan. Such agreements shall clearly delineate maintenance responsibilities and financial arrangements. Maintenance agreements and plans must be approved by the city attorney prior to recording the final plat. The city shall maintain no responsibility for enforcement of any maintenance provisions.

(Ord. 1183 §12, 2006).

Any development or action failing to conform to the final development plan as approved constitutes a violation of this section.

(Ord. 1183 §13, 2006).