The purpose of the PUD, Planned Unit Development District, is to accommodate development that may be difficult to carry out under conventional zoning district standards, that results in public benefits as outlined in section 65-2, and provides comprehensive procedures and standards intended to allow more flexibility in the development of residential and/or non-residential areas. This flexibility should result in a development that is better planned and contains more amenities than one produced in accordance with conventional zoning ordinances and subdivision controls. While more lenient siting requirements may be granted, the planned unit development should contain features not normally required of traditional developments. The decision to approve a PUD is a public policy decision for the city council to make in its legislative capacity. The intent of this article is to:

(a)

Provide for the establishment of PUD districts in appropriate settings and situations to create or maintain a development pattern that complies with the city's comprehensive plan.

(b)

Allow for the mixing of land uses within a development when such mixing of land uses could not otherwise be accomplished under this Appendix E.

(c)

Provide for variations to the strict application of the land use regulations in this article in order to improve site design and operation while at the same time incorporating design elements (e.g. construction materials, landscaping, lighting, etc.) that exceed the City's standards to offset the effect of any variations.

(d)

Promote a more creative and efficient approach to land use within the City while at the same time protecting and promoting the health, safety, comfort, aesthetics, economic viability, and general welfare of the city.

(e)

Promote a design fully compatible with surrounding land uses, both existing and planned.

(f)

Preserve and enhance natural desirable site characteristics such as natural topography, geologic features, open spaces and prevention of soil erosion.

(g)

Maintain and improve the efficiency of public streets and utilities.

(h)

Ensure the establishment of appropriate transitions between differing land uses.

(Ord. No. 521, § 1, 1-19-2016; Ord. No. 592, § 2, 6-17-2019)

City may approve or approve with modifications a planned unit development plan if:

(a)

The planned unit development is consistent with the comprehensive plan; and

(b)

The planned unit development accomplishes, by the use of permitted flexibility and variation in design, a development superior to what would result if the property were developed under existing conventional zoning regulations. In determining whether a development is superior to what would result under conventional zoning, the city council shall evaluate and apply the following criteria, as are applicable, to determine with findings whether the proposal:

(1)

Includes structures that have the appropriate mass and scale relative to surrounding properties; and

(2)

Interconnects usable interior or exterior open space; and

(3)

Conserves or improves natural features such as public views, trees, wetlands or open space; and

(4)

Provides additional aesthetic features and harmonious design; and

(5)

Provides recreation, or other public facilities; and

(6)

Includes an energy efficient site design or building features; and

(7)

Uses low impact development techniques; and

(8)

Includes sprinkler or other fire suppression systems in structures not otherwise required to have them.

(c)

The planned unit development provides one or more public benefits such as free public parking, public spaces, preservation of public views or long-term affordable housing units; and

(d)

The planned unit development results in no greater burden on present and projected public utilities and services than would result from development under existing conventional zoning regulations and the planned unit development will be served by adequate public or private facilities including streets, fire protection, and utilities; and

(e)

The perimeter of the planned unit development is compatible with the existing land use or property that abuts or is directly across the street from the subject property. Compatibility includes but is not limited to size, scale, mass, setbacks, building height and architectural design of proposed structures; and

(f)

Landscaping within and along the perimeter of the planned unit development is superior to that required by this Code, and enhances the visual compatibility of the development with the surrounding neighborhood; and

(g)

At least one major circulation point is functionally connected to a public right-of-way and the number of required parking spaces are met or exceeded on the site; and

(h)

Open space, where provided to meet the requirements of this Code within the planned unit development is an integrated part of the project rather than an isolated element of the project; and

(i)

The design is compatible with and responds to the existing or intended character, appearance, quality of development and physical characteristics of the subject property and immediate vicinity; and

(j)

Roads, parking lots, street lamps, parking lot lighting, off-street loading areas, trash receptacles, landscaping, fencing, outdoor storage, signage, and streets, whether public or private, within and contiguous to the site comply with city guidelines for construction and any applicable design standards or guidelines set forth by the design standards manual or preservation design manual; and

(k)

Streets and sidewalks, existing and proposed, are suitable and adequate to carry anticipated traffic within the proposed project and in the vicinity of the proposed project; and

(l)

Each phase of the proposed development, as it is planned to be completed, contains the required parking spaces, open space, recreation space, landscaping and utility area necessary for creating and sustaining a desirable and stable environment; and

(m)

The project, if within the Downtown Historic District or a designated historic landmark, is reviewed, approved, and complies with all city historic requirements as defined by existing City Code.

(Ord. No. 521, § 1, 1-19-2016; Ord. No. 592, § 2, 6-17-2019; Ord. No. 646, § 2, 1-9-2023)

A PUD shall not be established for parcels guided for low density residential land uses by the Excelsior Comprehensive Plan and zoned R-1 and R-2, or for parcels zoned P by this appendix, as amended from time to time. To be eligible for a PUD, a project must include multiple buildings or uses and may propose at least one use that is not allowed by the underlying zoning district, provided that nothing herein shall prohibit application for and approval of a PUD for a project proposing multiple residential units as part of an integrated unit.

(Ord. No. 521, § 1, 1-19-2016)

All permitted uses, permitted accessory uses, conditional uses, interim uses, and uses allowed by administrative permit contained in the various zoning districts defined in this appendix shall be treated as potentially allowable uses within a PUD district, provided they would be allowed on the site under the Excelsior Comprehensive Plan, as amended from time to time.

(Ord. No. 521, § 1, 1-19-2016)

The applicant may request a modification of the requirements and standards of the City Code as follows:

(a)

Building height. The maximum building height of any structure, building, or improvement shall conform to the requirements of this appendix. The city council may consider, as part of PUD approvals, building heights that vary from ordinance standards in cases of unique site topography with grades of 18 percent or more, or if the building includes below grade parking.

(b)

Density. The applicant may request an increase in the number of dwelling units permitted by the underlying zoning district; however, the applicant shall show that such excess will not have an undue or adverse impact upon existing public facilities and upon the reasonable use and enjoyment of neighboring property.

In determining the reasonableness of an increase in the authorized dwelling units per acre, the city council may require that increased density be compensated for by the provision of additional physical amenities, by increased efficiency in public facilities and services, or by preservation of natural resources and amenities beyond ordinance requirement. Such compensation for higher density may be achieved by:

(1)

The location, amount and proposed use of common open space;

(2)

The location, design and type of housing units; and

(3)

The physical characteristics of the site.

(c)

Other. The city may approve a modification of building setbacks, number of parking spaces or building coverage, if all of the following conditions are satisfied:

(1)

The modifications bear a demonstrable relationship to, and are consistent with, the goals and policies of the Comprehensive Plan.

(2)

The adverse impact and effect of such modifications will be eliminated by screening landscaping, superior site and building design and other features related to planning, design and construction.

(3)

The modification is necessary to achieve the purposes of this section.

(Ord. No. 521, § 1, 1-19-2016)

The PUD application process shall include the following steps:

(a)

Pre-application conference: Prior to the filing of an application for PUD, the applicant of the proposed PUD shall meet the zoning administrator or his or her designee. The primary purpose of the conference shall be to explain the PUD application process and obtain guidance as to the general suitability of the proposal for the area for which it is proposed and its conformity to the provisions of this Article before incurring substantial expense in the preparation of plans, surveys and other data. The applicant may also present a sketch plan as described in section 9-3 of the zoning ordinance which the zoning administrator may, as is provided in section 9-3, refer to the heritage preservation commission, planning commission and/or city council for review.

(b)

Preliminary plan: After the pre-application conference, if the applicant intends to proceed with a PUD application, the applicant shall submit a preliminary plan application. The preliminary plan provides an opportunity for the applicant to submit a plan to the city showing the basic intent and the general nature of the entire development.

(c)

Final plan. If a preliminary plan application is approved by the city council, the applicant shall submit a final plan application. If approved, the final plan serves as a complete, thorough and permanent public record of the PUD and the manner in which the property is to be developed. It shall serve in conjunction with other city ordinances as the land use regulation applicable to the PUD.

(d)

Development agreement. If the city council approves a final plan application, the applicant and the city shall enter into a development agreement. The development agreement shall incorporate the requirements of the final plan and shall be recorded in the chain of title for the property. The development agreement shall be approved by the city council no later than the date on which the final plan is approved by the city council.

(e)

Rezoning. If the city council approves the preliminary plan submitted by the applicant and the applicant submits an application for final plan approval and the preliminary plan contemplates a use or uses not permitted in the zoning district within which the property is located, the applicant shall, at the time the final plan application is submitted, also submit an application for rezoning of the property consistent with the final plan.

(Ord. No. 521, § 1, 1-19-2016)

(a)

Submission requirements. The preliminary plan application shall include as applicable, but not be limited to, the following submissions. The applicant is encouraged to submit more detailed plans as outlined in the final plan submittal process (section 65-7(e)).

(1)

A completed application. All applications shall be filed with the zoning administrator on an official application form at least 30 days in advance of the meeting at which it will first be considered. Such application shall be accompanied by a fee as provided by city council resolution. Unless modified by the zoning administrator, such application shall also be accompanied by one large scale (at least 22 inches by 34 inches) copy, 15 reduced scale (11 inches by 17 inches) copies of site plans and written materials fully explaining the proposed change, development, or use. The zoning administrator may waive or alter any of the submittal requirements of this appendix if not applicable to a project. The heritage preservation commission, planning commission or city council may also require the submission of any additional information or documentation that it may find necessary or appropriate for full consideration of the proposed PUD or any aspect or stage thereof.

(2)

A Location map of the subject property and surrounding area, showing streets and zoning designations and existing land uses of adjacent properties.

(3)

Narrative. The applicant shall supply a narrative explaining:

a.

How proposed development will be superior to or more innovative than conventional development undertaken the city's land use regulations and how it accomplishes the goals outlined in section 65-1.

b.

How the proposed PUD will provide a benefit to the public beyond that available through conventional development.

c.

The market that the PUD is intended to serve and the market demand for the proposed PUD.

d.

How the proposed development conforms to Article 62 of Appendix E if the subject property is located within the Excelsior Downtown Historic District or is a historic landmark.

(4)

Boundary survey. A boundary survey prepared by a registered surveyor of the property and 100 feet beyond, showing:

a.

Existing property lines and dimensions.

b.

Ownership of all parcels.

c.

Platting and easements.

d.

Street and railroad rights-of-way.

e.

Buildings.

f.

Utility lines and facilities, including fire hydrants.

(5)

Natural features. A map of the property in question and 100 feet beyond, showing:

a.

Contours—Minimum two-foot intervals.

b.

Location, type and extent of tree cover and vegetation.

c.

Location and extent of water bodies, wetlands and streams and floodplains.

d.

Existing drainage patterns.

e.

Soil conditions as they affect development.

(6)

General site plan. The proposed site plan shall be dawn at the same scale as the exiting conditions and include the following information:

a.

The proposed uses of all areas of the site.

b.

Location of all proposed buildings on the site.

c.

All public streets, entrance and exit drives, parking areas and walkway locations.

d.

Parks and open space, public plazas and common areas.

e.

A conceptual landscape plan, showing the proposed location and types of proposed vegetation.

f.

Schematic utility plans indicating placement of water, sanitary and storm sewers.

(7)

Preliminary Elevations. Preliminary elevations of proposed structures and improvements.

(8)

If the subject property is located within the Excelsior Downtown Historic District, the application should indicate planned materials and exterior colors.

(9)

Summary table. Summary table which includes total site area, gross floor area by use (i.e., residential, office, retail), itemized number of full size, compact, and handicap parking stalls and the collective total number, total lot coverage proposed, area devoted to public and/or private common space, and total number of residential units.

(10)

Staging. When the PUD is to be constructed in stages, a schedule for the development of such stages shall be submitted stating the geographical sequence of construction and the number of dwelling units or square footage of non-residential property to be constructed in each stage.

(11)

Covenants. A description of plans for covenants, restrictions, uses and continuous maintenance provisions for the project.

(b)

Schedule. A preliminary plan application shall proceed as follows:

(1)

Applicant/developer meets with the city staff to discuss the proposed preliminary plan application and the submissions necessary for the application. The pre-application conference mentioned in section 65-6(a) above may satisfy this requirement.

(2)

The applicant shall provide the city with a preliminary plan application which shall include the submissions listed in section 65-7(a).

(3)

The zoning administrator shall review the application and submissions to determine if they are complete and, if they are not complete, notify the applicant within ten business days of receipt of the application that the application is incomplete. Such notice shall identify the ways in which the application is incomplete. Once a complete application is received, the zoning administrator shall formally acknowledge filing and receipt of a complete application and set a public hearing following proper hearing notification. Notice of said hearing shall consist of a legal property description, description of request and property location, and be published in the official newspaper at least ten days prior to the hearing.

Written notification of said hearing shall be mailed at least ten days prior to all owners of land within 350 feet of the boundary of the property in question. Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this appendix.

(4)

If the subject property is located within Excelsior's historic district, then the preliminary plan shall be reviewed by the heritage preservation commission prior to the planning commission's review of the request. The heritage preservation commission shall make findings of fact on the project's conformity with approved design standards and guidelines and forward such findings to the city council.

(5)

The applicant and/or their representative should appear before the planning commission, and heritage preservation commission if necessary, in order to answer questions concerning the proposed request.

(6)

The planning commission shall conduct the public hearing and shall, as appropriate, recommend approval, denial, or modification of the request. Such recommendation shall be accompanied by the report and recommendation of the city staff, and shall be entered in and made part of the permanent written record provided to the city council.

(7)

The city council shall not act upon an application until the planning commission has held a public hearing on the request. The public hearing conducted before the planning commission shall be continued until the city council takes action on the application. The city council shall act upon the amendment within 60 days from the date of submission of a complete application, unless an extension has been provided, pursuant to Minnesota Statute § 15.99, as amended from time to time.

(8)

Subject to limitations of Minnesota Statute § 15.99, as amended from time to time, if, upon receiving said reports and recommendations of the planning commission, heritage preservation commission, and city staff, the city council finds that specific inconsistencies exist in the review process and thus the final recommendation of the city council may differ from that of the planning commission and heritage preservation commission, the city council may, before taking final action, refer the matter back to the planning commission and heritage preservation commission for further consideration.

(9)

The affirmative vote of four-fifths of the city council shall be required for approval of a preliminary plan.

(d)

Effect of preliminary plan approval. Approval of the preliminary plan does not in any way bind the city to subsequent action on more detailed plans.

(e)

Limitation on preliminary plan approval. Unless a final plan of development covering the area designated in the preliminary plan as the first stage of the PUD has been filed within six months from the date city council grants preliminary plan approval, or in any case where the applicant fails to file a final plan of development and to proceed with development in accordance with the provisions of this appendix and of an approved preliminary plan, the approval may be revoked by city council action. In such case, the city council shall forthwith adopt a resolution repealing the preliminary plan approval for that portion of the PUD that has not received final approval.

(Ord. No. 521, § 1, 1-19-2016)

(a)

Submission of final plan of development application. Upon approval of the preliminary plan and within the time frame established by this article, the applicant/developer shall file with the zoning administrator a final plan of development application consisting of information and submissions required by this section of this appendix for the entire PUD or for one or more stages thereof in accordance with a staging plan approved as part of the preliminary plan.

(b)

Conformity with approved preliminary plan. The final plan of development shall refine, implement and be in substantial conformity with the approved preliminary plan. A final plan of development shall not be deemed to be in substantial conformity with an approved preliminary plan if it:

(1)

Departs by more than five percent from the maximum density approved by the preliminary plan.

(2)

Decreases by more than five percent the area approved for public and common open space or materially changes the general location of such area.

(3)

Relocates approved circulation elements to any extent that would impair their functionality, adversely affect their relation to surrounding lands and circulation elements or reduce their effectiveness as buffers or amenities.

(4)

Significantly alters the arrangement of land uses within the PUD.

(5)

Delays by more than one year any stage of an approved staging plan.

(6)

Departs from the preliminary plan in any other manner that the city council finds to materially alter the plan or concept for the proposed PUD.

(c)

Time extension. The final plan of development proposal shall be submitted within six months of approval of the preliminary plan unless a time extension is approved by the city council.

(d)

Schedule.

(1)

If a request for preliminary plan approval of a PUD project has been approved by the city council, as the next step in the application procedure, an applicant shall submit to the city an application form for final plan of development approval for the proposed project as required in section 65-8(e) of this appendix together with any applicable fee, as specified in section 10-2 of this appendix. The applicant shall submit with an application such information as is required by the City, such other information as deemed necessary to explain the general intent of the application, and a mailing list for all homes, businesses and property if different from that list created for the preliminary plan. The application shall also include any additional information required by the city council as a condition of preliminary plan approval.

(2)

The zoning administrator shall review the application and submissions to determine if they are complete and, if they are not complete, notify the applicant within ten business days of receipt of the application that the application is incomplete. Such notice shall identify the ways in which the application is incomplete. Once a complete application is received, the zoning administrator shall formally acknowledge filing and receipt of a complete application and set a public hearing following proper hearing notification. Notice of said hearing shall consist of a legal property description, description of request and property location, and be published in the official newspaper at least ten days prior to the hearing. Written notification of said hearing shall be mailed at least ten days prior to all owners of land within 350 feet of the boundary of the property in question. Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this appendix.

(3)

Developer meets with the city staff to discuss specific development plans.

(4)

Once the application for final plan of development has been declared complete by the zoning administrator, it shall be referred to the following city staff and/or official bodies for the indicated action:

a.

The city attorney for legal review of all documents. In addition, the city attorney shall draw up a development agreement that stipulates the specific terms and conditions approved by the city council and accepted by the applicant. The development agreement shall include a clause that prevents assignment of the developer's rights prior to the satisfaction of the developer's obligations under the development agreement.

b.

The city engineer for review of all engineering data for compliance with the requirements of this appendix and review of the city/developer agreement.

c.

The zoning administrator and/or city building official for review of all plans for compliance with the requirements of this appendix, the State of Minnesota Uniform Building Code and any other applicable federal, state, or local codes.

d.

The city planner for review of all plans for compliance with the intent, purpose and requirements of this appendix and conformity with the preliminary plan, comprehensive plan and design standards, if applicable.

e.

The heritage preservation commission if the subject property is located within Excelsior's Historic District or is a historic landmark. This referral shall be in addition to any obligation created by Chapter 20 of the City Code or Article 62 of this Appendix E to file an application for a site alteration permit.

f.

The planning commission for review and recommendation to the city council.

g.

When appropriate, as determined by the zoning administrator, to the park commission for review and recommendations.

h.

When appropriate, as determined by the zoning administrator, to other special review agencies such as the watershed districts, soil conservation service, highway departments, or other affected agencies.

All staff designated in paragraphs a. through d. hereof shall submit their reports in writing to the planning commission, heritage preservation commission if applicable. The zoning administrator shall provide copies of such reports to the applicant.

(5)

The zoning administrator sets a public hearing.

(6)

The same notification procedure for this hearing and schedule shall be followed as was followed with respect to the applicant's preliminary plan as specified in section 65-7 of this appendix.

(7)

If the subject property is within the downtown historic district or is a historic landmark, an application for a site alteration permit shall be submitted. The heritage preservation commission shall consider the site alteration permit application in accordance with approved design guidelines and standards. The heritage preservation commission shall either approve or deny the site alteration permit and make a recommendation to the city council on the final plan of development consistent with such approval or denial.

(8)

The planning commission holds a public hearing and makes a recommendation to the city council on the final plan of development.

(9)

The petitioner and/or their representative should appear before the planning commission, and heritage preservation commission if necessary, to answer questions regarding the proposed project.

(10)

The planning commission makes a recommendation to the city council on the final plan of development.

(11)

The city council reviews all recommendations and approves/denies the application(s). The affirmative vote of four-fifths of the city council shall be required for approval of a final plan of development. On or before the date on which the city council approves the final plan, it shall also approve a development agreement between the city and the applicant. The development agreement shall be approved by the city council by a four-fifths vote. The mayor of the City of Excelsior, city manager, and the applicant shall sign the development agreement. Nothing herein shall preclude the city council from considering and approving the development agreement prior to the time it approves the final plan but the development agreement shall be approved by the city council no later than the date on which the final plan is approved.

(e)

Submission requirements. The final plan of development should depict and outline the proposed implementations of the preliminary plan for the PUD. Information from the preliminary plan may be included for background and to provide a basis for the submitted plan. The final plan of development submissions shall include but not be limited to:

(1)

All application(s) shall be filed with the zoning administrator on an official application form of this appendix, at least 30 days in advance of the meeting at which it will first be considered. Such application(s) shall be accompanied by a fee as provided by city council resolution. Unless modified by the zoning administrator, such application shall also be accompanied by one large scale (at least 22 inches by 34 inches) copy, 15 reduced scale (11 inches by 17 inches) copies of site plans, and written materials fully explaining the proposed change, development, or use. The zoning administrator may waive or alter any of the submittal requirements if not applicable to a project. The heritage preservation commission, planning commission and city council may excuse an applicant from submitting any specific item of information or document required in this section that it finds to be unnecessary to the consideration of the specific proposal for PUD approval.

(2)

All submittal requirements of the preliminary plan, as specified in section 65-7 of this appendix if different from the preliminary plan submittal.

(3)

Site alteration plan application if applicable.

(4)

Survey consistent with Article 9 of this Appendix E.

(5)

Site plan consistent with Article 9 of this Appendix E.

(6)

Computer-generated architectural plans at an appropriate scale for the development, showing floor plans and elevations of all buildings, including building details, with all exterior building materials and colors clearly called out.

(7)

Colored site plan, building elevations and perspective sketch.

(8)

If the subject property is located within the Excelsior Downtown Historic District, the application should also include photographs and/or drawings adequately illustrating the scale and proportion of adjacent structures.

(9)

Landscaping Plan consistent with Article 9 of this Appendix E.

(10)

Utilities plans at scale of one inch equals 100 feet indicating size and placement of water, sanitary and storm sewer lines, fire hydrants, drainage facilities, and any other pertinent utility related information;

(11)

A lighting plan compliant with section 16-5 of this Appendix E.

(12)

Signage plan.

(13)

Where applicable, a tabulation indicating the number of residential dwelling units by number of bedrooms and expected population/housing profile.

(14)

Where applicable, a tabulation indicating the gross square footage, if any, of commercial floor space by type of activity (e.g. drug store, dry cleaning, supermarket).

(15)

A traffic flow plan and analysis.

(16)

A solid waste disposal procedures and provisions plan.

(17)

Grading/stormwater drainage plan consistent with Article 9 of this Appendix E.

(18)

A preliminary plat, if applicable, prepared in accordance with the Excelsior subdivision regulations.

(19)

An environmental impact analysis and soil erosion control plan acceptable to the watershed district, department of natural resources, soil conservation service, or any other agency with review authority clearly illustrating erosion control measures to be used during construction and as permanent measures.

(20)

Proposed final conditions, covenants and restrictions and other documents relating to operation and maintenance of the development, including all of its open areas and recreational facilities, which covenants and restrictions and other documents shall be recorded upon final PUD approval.

(21)

A statement summarizing all changes that have been made in any document, plan data or information previously submitted, together with revised copies of such document, plan, data, or information.

(22)

Such other and further information as the city staff, heritage preservation commission, planning commission, or city council shall find necessary to a full consideration of the entire proposed PUD or any stage thereof.

(f)

Rezoning. At the time that a final plan application is submitted, if it contemplates a use or uses not permitted in the zoning district within which it is located, the applicant shall also submit an application for rezoning of the property in question that seeks to amend the zoning for that property to PUD consistent with the final plan. Upon approval of the final plan, the city council shall consider the rezoning application pursuant to the procedural and substantive requirements of Article 3 of the zoning code. Approval of said application shall require the number of votes required by state law.

(g)

Subdivision. To the extent necessary, at or before the time that the final plan application is submitted, the applicant shall also submit an application for subdivision approval. If submitted before the application for final plan approval, said application shall not be considered complete until the final plan application is complete. Consideration of the subdivision application shall proceed on a parallel path with the final plan application and, upon approval of the final plan, the city council may approve the subdivision application if warranted under the terms of Chapter 30 of the Excelsior City Code.

(h)

Recording of final plan. Prior to issuance of any building permit for the PUD, the applicant shall cause the final plan, or such portions thereof as are appropriate, to be recorded with the Hennepin County Recorder.

(i)

Building and other permits. Except as otherwise expressly provided herein, upon receiving notice from the city manager that the approved final plan has been recorded and upon application of the applicant pursuant to the applicable ordinances of the city, the city may issue building and other permits to the applicant for development, construction and other work in the area encompassed by the approved final plan provided, however, that no such permit shall be issued unless all requirements of all codes and ordinances which are applicable to the permit sought have been satisfied and required performance bonds submitted.

(j)

Limitation on final plan approval. Within one year after the approval of a final plan for PUD, or such shorter time as may be established by the approved development schedule, construction shall commence in accordance with such approved plan. Consistent with section 65-10, failure to commence construction within such period shall, unless an extension shall have been granted as hereinafter provided, automatically render void the PUD and all approvals of the PUD plan and the area encompassed within the PUD shall thereafter be subject solely to those provisions of the zoning ordinances, and other ordinances, applicable in the district in which it is located. In such cases, the city council shall forthwith adopt an ordinance repealing the PUD and all PUD approvals and re-establishing the zoning and other ordinance provisions that would otherwise be applicable. The time limit established by this paragraph may, at the discretion of the city council, be extended for not more than one year by resolution duly adopted.

(k)

Inspections during development.

(1)

Compliance with overall plan. Following final plan approval of a PUD, or a stage thereof, the zoning administrator shall, at least annually until the completion of development, review all permits issued and construction undertaken and compare actual development with the approved plans for development and with the approved development schedule. If the Zoning Administrator finds that development is not proceeding in accordance with the approved schedule, or that it fails in any other respect to comply with the PUD final plan as approved, s/he shall immediately notify the city council. Within 30 days of such notice, the city council shall either by ordinance revoke the PUD and all PUD approvals and re-establish the zoning and other ordinance provisions that would otherwise be applicable; or shall take such steps as it shall deem necessary to compel compliance with the final plan as approved; or shall require the applicant/developer to seek an amendment of the final plan.

(2)

Compliance with construction plans and drawings.

a.

All improvements to be constructed or erected shall be subject to inspection by the zoning administrator. The cost attributable to all inspection required by this subparagraph shall be charged to and paid by the applicant/developer. Before any required inspections take place, the applicant/developer may be required to post a deposit with the zoning administrator to cover the cost of such inspections. The applicant/developer shall give at least 24 hours written notification to the zoning administrator prior to the performance of any of the following work:

1.

The surfacing of any roadway or street.

2.

The installation of any curbing or gutters.

3.

The grading or backfilling or any open trench or excavation in which any utility facilities, including but not limited to, water lines, sewer lines, gas lines and electrical cables, shall have been installed.

b.

If in the opinion of the zoning administrator, upon inspection, any work does not comply with the approved construction plans and drawings or the approved final plan, the zoning administrator shall have authority to order that all such work shall be terminated until such time as necessary steps are taken to correct any defects or deficiencies, the applicant/developer shall notify the zoning administrator and request a reinspection.

c.

Upon completion of all required improvements within the area covered by the approved final plan, the applicant/developer shall notify the zoning administrator who shall thereupon conduct a final inspection of all improvements as installed from the approved final plan, which defects will, in the opinion of the city building inspector, adversely affect the performance, suitability, or desirability of said improvements, the building inspector shall notify the applicant in writing of such defects, deficiencies or deviations and the owner or applicant shall, at their sole cost and expense, correct such defects or deviations within six months of the date of notification. When such defects, deficiencies or deviations have been corrected, the owner/applicant shall notify the zoning administrator that the improvements are again ready for final inspection.

d.

If a final inspection indicates that all improvements as installed contain no defects, deficiencies or deviations, the zoning administrator shall certify to the city council that all improvements have been installed in conformity with the construction plans and drawings and the final plan. Following certification of all improvements by the zoning administrator, the applicant shall have prepared and submitted to the city three (3) sets of "as-built drawings" of all improvements. The city council shall thereupon by resolution formally accept such improvements at which time they shall become the property of the city.

(Ord. No. 521, § 1, 1-19-2016)

A zoning amendment to rezone the subject property shall procedurally follow all provisions specified in Article 3 of this appendix. Consideration of all rezonings shall be based upon the criteria specified in subsection 3-3(e) of this appendix. Any zoning change approved in conjunction with the approval of a PUD shall be conditioned on completion of the PUD and, in the event that the PUD project is not completed within the time called for by the development agreement, the zoning change shall be rescinded and the property shall return to the pre-existing zoning. When approved, a zoning amendment associated with a PUD approval shall be supplemental and be deemed to be superimposed over the basic zoning of the property under consideration. Where conflicts arise between the requirements of the PUD and the underlying zoning, the PUD requirements shall control. Where, however, the PUD is silent or does not conflict with the underlying zoning regulations, those regulations shall be applicable.

(Ord. No. 521, § 1, 1-19-2016)

By definition, the PUD ordinance emphasizes a regulatory process rather than regulations; however, certain minimal development standards are deemed necessary and shall apply to all PUD proposals. Such standards include sections 65-12 and 65-13, when applicable, and the following:

(a)

Common open space. Common private or public open space and facilities at least sufficient to meet the minimum requirements established in the comprehensive plan and such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the residents of the PUD shall be provided within the area of the PUD development. Whenever common private or public open space or facilities are provided within the PUD, the PUD shall contain provisions to assure the continued operation and maintenance of such open space and facilities to a predetermined reasonable standard. Common private or public open space and facilities within a PUD may be placed under the ownership of one or more of the following, as approved be the city council:

(1)

Dedicated to public, where a community-wide use in anticipated and the city council agrees to accept the dedication.

(2)

Landlord control, where exclusive use by tenants is anticipated.

(3)

Property owners association, provided the same is in accordance with Minnesota law and all of the following conditions are met:

a.

Prior to the use, occupancy, sale or execution of contracts for sale of an individual building unit, parcel, tract, townhouse, apartment, or common area, a declaration of covenants, conditions and restrictions or an equivalent document shall be filed with the city, prior to the filing of said declaration of covenants, conditions and restrictions or an equivalent document with Hennepin County.

b.

The declaration of covenants, conditions, and restrictions or an equivalent document shall specify that deeds, leases or documents of conveyance affecting building units, parcels, tracts, townhouses, or apartments pertaining to said properties are subject to the terms of said declaration of covenants, conditions, and restrictions or an equivalent document.

c.

The declaration of covenants, conditions and restrictions or an equivalent document shall be subject to the review and approval of the city attorney.

d.

The declaration shall additionally amongst other things, provide that in the event the association or corporation fails to maintain properties in accordance with the application rules and regulations of the city or fails to pay taxes or assessments on properties as they become due and in the event the said city incurs any expenses in enforcing its rules and regulations, which expenses are not immediately reimbursed by the association or corporation, then the city shall have the right to assess each property its pro rata share of said expenses. Such assessments, together with interest thereon and costs of collection, shall be a lien on each property against which each such assessment is made.

e.

Membership must be mandatory for each owner and any successive buyer.

f.

The open space restrictions must be permanent and not for a given period of years.

g.

The association must be responsible for liability insurance, local taxes, and the maintenance of the open space facilities deeded to it.

h.

Property owner(s) must pay their pro rata share of the cost of the association by means of an assessment to be levied by the association which meets the requirements for becoming a lien on the property is accordance with Minnesota Statutes.

i.

The association must be able to adjust the assessment to meet changed needs.

j.

The by-laws and rules of the association and all covenants and restrictions to be recorded must be approved by the city council prior to the approval of final plan.

(b)

Minimum lot area. There shall be no minimum lot or area size required for a tract of land for which a PUD district project is proposed.

(c)

Minimum frontage. There shall be no minimum frontage on a public street required for a tract of land for which a PUD district project is proposed.

(d)

Environmental. Noise, odors, vibration, toxic or noxious substances related to a proposed PUD project and shall not have a detrimental effect on adjacent properties as provided for in Article 16 of this appendix.

(e)

Lighting. All lighting proposed for a PUD project shall be consistent with section 16-5 of this appendix.

(f)

Energy. All proposed structures shall meet state energy codes and shall be constructed in an energy-efficient manner. No structures shall cause a significant detrimental effect on the availability of sunlight to abutting properties. Energy conservation technologies will be given favorable consideration in review of the PUD proposal.

(g)

Utilities. All utilities including telephone, electricity, gas, and telecable, must be furnished to the PUD site and installed underground at no cost to the city or adjacent landowners. The city shall require easements, as required by the city engineer, around the entire perimeter of the proposed PUD site for standard city and utility usage. The PUD site shall be served by city water and sewer system when available and fire hydrants shall be installed according to a plan approved be the city staff, the planning commission and the city council as to type and location.

(h)

Utility connections. The tract of land for which a PUD project is proposed shall have municipal water and sewer available to it.

(1)

Water connections. Where more than one unit is served from the same service line, a shut off valve must be located in such a way that each unit's service may be shut off by the city, in addition to the normally supplied shut off by the street.

(2)

Sewer connections. Where more than one unit is served by a sanitary sewer lateral which exceeds 300 feet in length, provision must be made for a manhole to allow adequate cleaning and maintenance of the lateral. All maintenance and cleaning shall be the responsibility of the property owners association or owner.

(3)

Drainage. The PUD project shall provide, at no cost to the city or adjacent landowners, adequate drainage and runoff accommodations, with no detrimental effect on adjacent properties. All storm water runoff must be hooked to a surface drainage system constructed according to a plan approved by city staff, the planning commission and the city council as to type of materials and location and to provide for runoff to flow into storm sewers and to avoid flow into the sanitary sewer system. Drainage plans and specifications must be certified by a registered engineer and reviewed by the Minnehaha Creek Watershed District and all other governmental agencies as applicable.

(i)

Shoreland management. Provisions of article 60, Shoreland Management District of this appendix shall be complied with for all PUD projects. For mixed use projects, a blend of impervious surface coverage allowances may be utilized based upon lot area devoted to land uses. Maximum impervious surface coverage of lots within a PUD shall comply with the following:

(1)

R-3 and R-4 districts: 40 percent.

(2)

Commercial: 90 percent.

(3)

Commercial if previously zoned DC: 100 percent.

(4)

Public buildings: 50 percent.

(j)

Traffic flow and transportation. PUD projects that will have any tendency to increase traffic shall be accompanied by traffic studies, including past and future traffic projections. Such studies and proposals shall include suggested methods that address anticipated increases in traffic. The city council may require a traffic plan for any proposed PUD to be submitted by the applicant. "Traffic" or "transportation" as used herein shall include, but not be limited to, movement of vehicles, goods, services and people. Transportation routes proposed as part of the PUD shall be designed to minimize the effect of traffic on neighboring zones within the PUD. The city council may impose additional requirements to ensure compliance with this standard.

(k)

Roadways.

(1)

All public streets shall conform to the design standards contained in the Excelsior subdivision regulations unless otherwise approved by the city council.

(2)

Private roadways within the PUD site shall have an improved surface and shall be so designed as to permit fire trucks to provide protection to each building.

(3)

All streets, sidewalks, curbs, gutters and other public improvements to be located on or in land to be dedicated to the public shall be ordered by the city council and financed be the proponent or landowner in accordance with the Excelsior Code or ordinances. The city council may impose additional requirements and treatment thereof or may waive particular requirements in view of the surrounding and abutting areas.

(4)

It is the city's policy to discourage private roadways within a residential PUD project. Regardless if roads are private or dedicated to the public, they shall be designed to right-of-way widths and constructed to standards imposed by the Excelsior subdivision regulations.

(l)

Parking.

(1)

Parking areas shall be screened in accordance with the provisions of Article 21 of this appendix.

(2)

Parking areas within a PUD shall comply with the parking requirements set forth in Article 19 of this appendix and all other parking requirements and policies of the city or as approved by the city council.

(m)

Landscaping. In any PUD, landscaping shall be provided according to a plan approved by the city council, which shall include a detailed planting list with sizes and species. In assessing the landscaping plan, the city council shall consider the natural features of the particular site, the architectural characteristics of the proposed structure and the overall scheme of the PUD plan consistent with Articles 21 and 22 of this appendix.

(n)

Historic buildings and sites. PUD projects that are in the downtown historic district or are historic landmark shall comply with the provisions and procedures found in Chapter 20 of the Excelsior Code of Ordinances and Article 62 of this appendix.

(Ord. No. 521, § 1, 1-19-2016; Ord. No. 657, § 1, 9-18-2023)

(a)

Purpose. The purpose of this section is to establish standards for multiple family, institutional and other residential PUD district projects, in addition to those standards contained elsewhere in the appendix for all PUD projects.

(b)

For multiple family residential PUD district projects, the normal standards of either the R-3 or R-4 zoning districts shall apply to each project, excepting usage standards, as determined by the city council and as provided above.

(c)

Multiple family residential projects shall maintain a quality standard of architectural and aesthetic compatibility with surrounding properties. All PUD residential projects shall maintain a high degree of design, architectural style, and quality of exterior building materials. Satisfaction of this standard shall be evaluated by the city council using the following criteria:

(1)

The architectural features, materials, and the articulation of a façade of a building shall be continued on all sides visible from a public street.

(2)

The front façade of any principal building shall face onto a public street, and shall not be oriented to face directly toward a parking lot.

(3)

Porches, pent roofs, roof overhangs, hooded front doors or other similar architectural elements shall define the front entrance to all residences. Garage entrances shall not be a primary feature of the front façade of a principal building.

(4)

Existing structures that are designated as historic shall be protected from encroachment by incompatible structures or landscape development.

(5)

Significant environmental features and pedestrian orientation shall be incorporated into the site design.

(6)

The primary material for the exterior of principal structures shall be brick, stone, wood, or other high quality materials which exceed the requirements of section 17-5(b)(1) of this appendix.

(d)

In addition to the above standards, the city council may impose such other standards for a residential PUD project as are reasonable and as the city council deems are necessary to protect and promote the general health, safety and welfare of the community and the surrounding area including, but not limited to, requiring sprinkler or other fire suppression systems in structures not otherwise required to have them.

(Ord. No. 521, § 1, 1-19-2016; Ord. No. 646, § 3, 1-9-2023)

(a)

Purpose. The purpose of this section is to establish standards for non-residential projects, in addition to those standards contained elsewhere in this appendix for all PUD projects.

(b)

For non-residential PUD district projects, the normal standards of either the DC, CC, GC, or MU zoning classifications shall apply to each project, except usage standards, as determined by the city council and as provided above.

(c)

Non-residential projects shall be designed and constructed in conformance with the provisions of the design standards or, if applicable, the city's Heritage Preservation regulations. The projects shall maintain a quality standard of architectural and aesthetic compatibility with surrounding properties.

(d)

In addition to the above standards, the city council may impose such other standards for a non-residential PUD project as are reasonable and as the city council deems are necessary to protect and promote the general health, safety and welfare of the community and the surrounding area including, but not limited to, requiring sprinkler or other fire suppression systems in structures not otherwise required to have them.

(Ord. No. 521, § 1, 1-19-2016; Ord. No. 646, § 4, 1-9-2023)

(a)

Records. The zoning administrator shall maintain a record of all PUD districts approved by the city council, including information on a project's permitted uses, all pertinent project plans, any conditions imposed on a project by the city council, and such other information as the zoning administrator may deem appropriate.

(b)

Withdrawal of an application. The applicant may withdraw any application under this section without prejudice at any time prior to final city council action thereon.

(c)

Resubmission of an application. Once an application for a PUD or an amendment to a PUD has been denied by the city council, that application may not be resubmitted for a period of six months from the date of such denial unless a decision to reconsider such matter is made by a four-fifths vote of the city council.

(d)

Cancellation of a PUD. Physical implementation of any approved PUD project must begin within 12 months following city council approval of the PUD for that project, unless in granting such PUD approval the city council shall specify a different period of time for project implementation. Failure to initiate project implementation within the appropriate time period automatically shall cancel the PUD for a project unless an extension is approved by the city council prior to the date of cancellation. An existing PUD also shall be canceled if any rezoning or other action by the city council shall occur which supersedes the permit.

(e)

Qualifications of an applicant. Any application under this article shall be made only by the owner of the property covered in the application or by duly authorized representative, provided, however, that an option-holder or a contract-holder also may submit such an application if it is accomplished by a fully executed agreement or document from the property owner stating that there are no objections to the proposed project and that the applicant is in fact joining in said application as their interest may appear.

(f)

Development agreement. Following the approval of the preliminary plan of development, but prior to final plan approval, the applicant shall enter into an agreement with the city relating to the terms of the PUD, and shall also provide such financial guarantees as the city requires or deems necessary. The agreement shall detail all use restrictions and required on and off-site improvements conditional to the PUD rezoning.

(g)

Financial security to assure compliance. To assure recovery of costs to the city and to ensure completion of any project by use of a PUD, the city may require an applicant for a PUD to post a financial surety in a form approved by the city attorney in an amount of up to ten percent of the proposed cost of the development. The financial surety shall guarantee the completion of all work on the development and the performance of all obligations undertaken by the developer as part of any agreements between the city and the developer. The financial surety may, at the city's discretion, be required for each separate facility, landscaping, installation of public improvements, utilities, and any other item for which the city determines it is necessary to guarantee performance. To the extent that any financial surety is required for landscaping, the city may require that the surety remain in effect for a sufficient period of time to ensure that all landscaping is installed and remains viable for a period of at least one year. Portions of the financial surety may be released by the city as work on the development is completed on recommendation of the city staff and approval of the city council.

(h)

Platting of a PUD. In the event that any approved PUD is to be subdivided into lots or parcels for the purpose of separate ownership, such a project first shall be platted under the platting procedures of the city and Hennepin County in effect at that time. The plat shall be processed according to standards contained in the Excelsior subdivision regulations and in conjunction within the general plan of development as outlined herein.

(i)

Conveyance of property within a PUD district. In the event that any real property within an approved PUD district is conveyed in total or in part after completion of the PUD, the buyer(s) thereof shall be bound by all provisions of the PUD approval and the final plan of development for that project

(Ord. No. 521, § 1, 1-19-2016)

(a)

Application procedures. Any deviation or modification from the terms or conditions of an approved PUD district or any alteration in a project for which a PUD district has been approved shall require an amendment. An application for amendment of the original PUD specifying the proposed variance or alteration shall be submitted to the city, together with any applicable fee and such information as is required by the city or as the applicant deems necessary to fully explain the application. Should the applicant request an amendment of a PUD to erect an additional building or buildings, the applicant fee therefore shall be established as outlined in the Excelsior Code of Ordinances. In either case, the applicant also shall pay, as an additional fee, any consulting expenses that are incurred by the city in review of the application. The same application and hearing procedure for an amendment of a PUD shall be followed as was followed with respect to the applicant's preliminary plan.

(b)

Action by the planning commission, heritage preservation commission if necessary, and city council. The same review procedure by the planning commission, heritage preservation commission if necessary, and city council shall be followed for an amendment of a pud as was followed with respect to the applicant's preliminary plan, outlined herein. The affirmative vote of four-fifths of the city council shall be required for approval of an amendment of a PUD.

(Ord. No. 521, § 1, 1-19-2016)

If periodic review of a PUD project is included as a condition to the approval of a PUD, such a project shall be reviewed by the city council. The city council may, at its discretion, call a public hearing as part of its review. Notice of such hearing shall be given in the same manner as outlined for review of a preliminary plan.

(Ord. No. 521, § 1, 1-19-2016)

The following properties have had supplemental zoning changes adopted as part of approval of a PUD:

PID #34-117-23-42-0026

PID #34-117-23-42-0044

PID #35-117-23-23-0098

PID #35-117-23-23-0099

PID #35-117-23-23-0093

PID #35-117-23-23-0090

PID #35-117-23-23-0091

PID #35-117-23-23-0092

PID #35-117-23-23-0093

PID #35-117-23-23-0094

PID #35-117-23-23-0095

PID #34-117-23-13-0035

PID #34-117-23-14-0035

PID #34-117-23-13-0070

PID #34-117-23-42-0045

PID #34-117-23-42-0053

PID #34-117-23-42-0067

PID #(TBD), located at 339 Third Street

(Ord. No. 521, § 1, 1-19-2016; Ord. No. 534, § 3, 10-5-2015; Ord. No. 549, § 3, 12-19-2016; Ord. No. 645, § 1, 2-21-2023)