This Section is established to provide comprehensive procedures and standards designed to all greater flexibility in the development of neighborhoods and/or non-residential areas by incorporating design modifications as part of a PUD conditional use permit or a mixture of uses when applied to a PUD District. The PUD process, by allowing deviation from the strict provisions of this Ordinance related to setbacks, lot area, width and depth, yards, etc., is intended to encourage.

A.

Innovations in development to the end that the growing demands for all styles of economic expansion may be met by greater variety in type, design, and placement of structures and by the conservation and more efficient use of land in such developments.

B.

Higher standards of site and building design through the use of trained and experienced land planners, architects, landscape architects and engineers.

C.

More convenience in location and design of development and service facilities.

D.

The preservation and enhancement of desirable site characteristics such as natural topography and geologic features and the prevention of soil erosion.

E.

A creative use of land and related physical development which allows a phased and orderly development and use pattern.

F.

An efficient use of land resulting in smaller networks of utilities and streets thereby lower development costs and public investments.

G.

A development pattern in harmony with the objectives of the Wayzata Comprehensive Plan. (PUD is not intended as a means to vary applicable planning and zoning principles.)

H.

A more desirable and creative environment than might be possible through the strict application on zoning and subdivision regulations of the City.

A.

General Standards.

1.

Review. In its review of any application under this Section, the City Council shall consider comments on the application of those persons appearing before the Council, the report and recommendations of the Planning Commission, the recommendations of the Design Review Board and any staff report on the application. The Council also shall evaluate the effects of the proposed project upon the health, safety and welfare of residents of the community and the surrounding area and shall evaluate the project's conformance with the overall intent and purpose of this Section. If the Council determines that the proposed project will not be detrimental to the health, safety and welfare of residents of the community and the surrounding area and that the project does conform with the overall intent and purpose of this Section, it may approve a PUD permit, although it shall not be required to do so.

2.

Ownership. An application for a PUD District or conditional use permit approval must be filed by the land owner or jointly by all land owners of the property included in a project. The application and all submissions must be directed to the development of the property as a unified whole. In the case of multiple ownership, the approved Final Plan shall be binding on all owners.

3.

Comprehensive Plan Consistency. The proposed PUD shall be consistent with the City Comprehensive Plan.

4.

Sanitary Sewer Plan Consistency. The proposed PUD shall be consistent with the City Comprehensive Sewer Plan and shall not create a discharge which is in excess of the City's assigned regional limitations.

5.

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.

6.

Operating and Maintenance Requirements for PUD Common Open Space Facilities. Whenever common private or public open space or service facilities are provided within the PUD, the PUD plan shall contain provisions to ensure the continued operation and maintenance of such open space and service facilities to a predetermined reasonable standard. Common private or public open space and service facilities within a PUD may be placed under the ownership of one or more of the following, as approved by the City Council.

a)

Dedicated to public, where a community-wide use is anticipated and the City Council agrees to accept the dedication.

b)

Landlord control, where only use by tenants is anticipated.

c)

Property Owners Association, provided all of the following conditions are met:

1)

Prior to the use or occupancy or sale or the execution of contracts for sale of an individual building unit, parcel, tracts, townhouse, apartment, or common area, a declaration of covenants, conditions and restrictions or an equivalent document or a document such as specified by Laws 1963, Chapter 457, Section 11 and a set of floor plans such as specified by Laws 1963, Chapter 457, Section 13 shall be filed with the City of Wayzata, said filing with the City to be made prior to the filings of said declaration or document or floor plans with the recording officers of the County.

2)

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

3)

The declaration of covenants, conditions and restrictions shall provide that an owner's association or corporation shall be formed and that all owners shall be members of said association or corporation which shall maintain all properties and common areas in good repair and which shall assess individual property owners proportionate shares of joint or common costs. This declaration shall be subject to the review and approval of the City Attorney. The intent of this requirement is to protect the property values of the individual owner through establishing private control.

4)

The declaration shall additionally amongst other things, provide that in the event the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the City of Wayzata or fails to pay taxes or assessments on properties as they become due and in the event the said City of Wayzata incurs any expenses in enforcing its rules and regulations, which said expenses are not immediately reimbursed by the association or corporation, then the City of Wayzata shall have the right to assess each property its prorate 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.

5)

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

6)

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

7)

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

8)

Property owner must pay their prorate 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 in accordance with Minnesota Statutes.

9)

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

7.

Staging of Public and Common Open Space. When a PUD provides for common private or public open space, and is planned as a staged development over a period of time, the total area of common or public open space or land escrow security in any stage of development shall, at a minimum, bear the same relationship to the total open space to be provided in the entire PUD as the stages or units completed or under development bear to the entire PUD.

8.

Density.

a)

The maximum allowable density in a PUD District shall be determined by standards negotiated and agreed upon between the applicant and the City. In all cases, the negotiated standards shall be consistent with the development policies as contained in the Wayzata Comprehensive Plan. Whenever any PUD is to be developed in stages, no such stage shall, when averaged with all previously completed stages, have a residential density that exceeds 125 percent of the proposed residential density of the entire PUD.

b)

There shall be no density variation from the standards applied in an applicable zoning district for PUD conditional use permits.

9.

Utilities. In any PUD, all utilities, including telephone, electricity, gas and telecable shall be installed underground.

10.

Utility Connections.

a)

Water Connections. Where more than one property is served from the same service line, individual unit shut off valves shall be provided as required by the City Engineer.

b)

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.

11.

Roadways. All streets shall conform to the design standards contained in the Wayzata Subdivision Regulations unless otherwise approved by the City Council.

12.

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 indicated as part of the Final Plan. 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.

13.

Setbacks.

a)

The front, rear and side yard restrictions on the periphery of the Planned Unit Development site at a minimum shall be the same as imposed in the underlying districts, if a PUD condition use permit, or the previous zoning district, if a PUD District.

b)

No building shall be located less than 15 feet from the back of the curb line along those roadways which are part of the internal street pattern.

c)

No building within the project shall be nearer to another building than one-half the sum of the building heights of the two buildings.

d)

In PUD Districts that were zoned commercial prior to PUD and exceed 13 acres, the allowable setbacks shall be as negotiated and agreed upon between the applicant and the City.

14.

Height.

a)

The maximum building height within a PUD District shall be 35 feet and three stories, whichever is lesser.

b)

There shall be no deviation from the height standards applied within the applicable zoning districts for PUD conditional use permits.

c)

In PUD Districts that were zoned commercial prior to PUD and exceed 13 acres, the maximum allowable height shall be as negotiated and agreed upon between the applicant and the City.

A.

Purpose. The purpose of this Section is to establish standards for single family, multiple family, institutional and other residential PUD District and conditional use permit projects, in addition to those standards contained elsewhere in this Ordinance for all PUD projects. All residential PUD projects shall be developed in accordance with the following residential area standards.

1.

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. There shall be no minimum lot or area size imposed for a PUD conditional project except for standards applicable within the zoning district in which it is utilized.

2.

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

3.

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

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 Wayzata Subdivision Regulations.

5.

For single family residential PUD District projects, the normal standards of either the R-1A, R-1, R-2, or R-3 zoning districts shall apply to each project, excepting usage standards, as determined by the City Council and as provided above in Section 933.02.

6.

For multiple family residential PUD District projects, the normal standards of either the R-4 or R-5 Zoning Districts shall apply to each project, excepting usage standards, as determined by the City Council and as provided above in Section 933.02.A.

7.

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 Council deems are necessary to protect and promote the general health, safety and welfare of the community and the surrounding area.

A.

Purpose. The purpose of this Section is to establish standards for non-residential projects, in addition to those standards contained elsewhere in this Ordinance for all PUD projects. All non-residential PUD projects shall be developed in accordance with the following area standards.

1.

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. There shall be no minimum lot or area size imposed for a PUD conditional project except for the standards applicable within the zoning district in which it is to be utilized.

2.

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

3.

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

4.

Off-street parking and loading facilities for a non-residential PUD project shall be provided in accordance with Section 20 of this Ordinance.

5.

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 Council deems are necessary to protect and promote the general health, safety and welfare of the community and the surrounding area.

6.

For non-residential PUD District projects that include residentially zoned properties, the normal standards of either the C-1, C-2, C-3, C-4, C-4A, C-4B, INS, RD and BW zoning classifications shall apply to each project, excepting usage standards, unless the Council determines that another standard is more appropriate, reasonable and consistent with the overall purpose and intent of this Ordinance, and will not have a negative impact on the general health, safety and welfare of the community and the surrounding area.

A.

In cases of single stage PUDs or for projects of limited size and scope, the applicant may, at the discretion of the Zoning Administrator, submit the General Plan of Development for the proposed PUD simultaneously with the submission of a Concept Plan. The applicant shall comply with all provisions of this section applicable to submission of General Plan of Development. The Planning Commission and City Council shall consider such plans simultaneously and shall grant or deny a General Plan of Development in accordance with the provisions of Section 933.06. hereof.

B.

Application Procedure.

1.

As the first step in the application procedure for a PUD permit, an applicant shall complete and submit to the City an application form for concept approval, together with a fee as determined by City Council resolution. The applicant shall submit with his application such information as is required by the City and such other information as he deems necessary to explain the general intent of the application. Should concept approval be granted for a PUD project, this approval in no way shall bind the City to subsequent approval of a General Plan of Development.

2.

Once an application for concept approval is complete, the Zoning Administrator shall refer it to the Planning Commission for a public hearing. All property owners within 500 feet of the subject property shall be notified of this hearing, as listed in the records of the City Assessor, although the failure of any property owner to receive such notification shall not invalidate the proceedings. Notification shall be by mail to all such property owners, shall be given at least ten days in advance of the hearing, and may include a larger geographic area if deemed advisable by the Zoning Administrator.

C.

The Concept Plan of development submitted for a PUD project shall include as applicable, but not limited to, the following information, which information shall be submitted to the City before the first day of the preceding month of Planning Commission hearing.

1.

General Information.

a)

The landowner's name and address and his interest in the subject property.

b)

The applicant's name and address if different from the landowner.

c)

The names and addresses of all professional consultants who have contributed to the development of the PUD plan being submitted, including attorney, land planner, engineer and surveyor.

d)

Evidence that applicant has sufficient control over the subject property to effectuate the proposed PUD including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the subject property and including an up-to-date certificate of title, abstract of title, or registered property report, and such other evidence as the City Attorney may require to show the status of title or control of the subject property.

2.

Present Status.

a)

Address and legal description of subject property.

b)

Existing zoning classification and present use of subject property and all lands within 1,000 feet of subject property.

c)

A map depicting existing development of subject property and all land within 1,000 feet thereof and locations of existing streets, property lines, easements, water mains and storm and sanitary sewers, with invert elevations on and within 100 feet of subject property.

3.

A written statement generally describing the proposed PUD and the market which it is intended to serve and the market demand. The statement is also to demonstrate the proposed PUD's relationship to the City's Comprehensive Plan and how the proposed PUD is to be designed, arranged and operated in order to permit the development and use of neighboring property in accordance with the applicable regulations of the City.

4.

Site Conditions. Graphic reproductions of the existing site conditions at a scale of 100 feet.

a)

Contours—minimum two-foot intervals.

b)

Location, type and extent of tree cover and vegetation.

c)

Slope analysis.

d)

Location and extent of water bodies, wetlands and streams and floodplains within 300 feet of the subject property.

e)

Significant rock outcroppings.

f)

Existing drainage patterns.

g)

Vistas and significant views.

h)

Soil conditions as they affect development.

i)

All of the graphics should be the same scale as the final plan to allow each cross-reference. The use of overlays is recommended for clear reference.

5.

Schematic drawings of the proposed development concept including, but not limited to, the general location of major circulation elements, public and common open space, buildings, structures, and other land uses, and buffering and screening.

6.

A statement of the estimated total number of dwellings units or square feet of developed land use activities proposed for the PUD and a tabulation of the proposed approximately allocations of land use expressed in acres and as a percent of the total project area, which shall include at least the following as applicable.

a)

Area devoted to residential uses.

b)

Area devoted to residential use by building type.

c)

Area devoted to common open space.

d)

Area devoted to public open space.

e)

Approximate area devoted to streets.

f)

Approximate area devoted to and number of off-street parking and loading spaces and related access.

g)

Approximate area, and floor area, devoted to commercial uses.

h)

Approximately area, and floor area, devoted to industrial or office use.

7.

When the PUD is to be constructed in stages during a period of time extending beyond a single construction season, a schedule for the development of such stages or units shall be submitted stating the approximate beginning and completion date for each such stage or unit and the proportion of the total PUD public or common open space and structures/units to be provided or constructed during each such stage and the overall chronology of development to be followed from stage to stage.

8.

When the proposed PUD includes provisions for public or common open space or service facilities, a statement describing the provision that is to be made for the care and maintenance of such open space or service facilities.

9.

General intents of any restrictive covenants that are to be recorded with respect to property included in the proposed PUD.

10.

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

11.

The Planning Commission may excuse an applicant from submitting any specific item of information or document required in this stage, which it finds to be unnecessary to the consideration of the specific proposal for PUD approval.

12.

The Planning Commission may require the submission of any additional information or documentation which it may find necessary or appropriate to full consideration of the proposed PUD or any aspect or stage thereof.

13.

Action by the Planning Commission.

a)

The Planning Commission shall hold the public hearing on an application for concept approval at its first regular meeting following appropriate legal notice as outlined above. The petitioner and/or his representative shall appear before the Planning Commission at this hearing to answer questions regarding the proposed project.

b)

Within 60 days following the public hearing on any such application, the Planning Commission shall forward a report on the application to the City Council, and it shall recommend approval of the application as submitted, approval of the application subject to certain modifications or conditions therein, or disapproval of the application. If no action on an application is taken by the Planning Commission within 60 days, and there has been no delay caused or requested by the applicant, the application shall be forwarded to the City Council without comment.

c)

Within the permitted period of time while an application is under consideration by the Planning Commission an applicant shall be allowed to make such amendments to his proposal as are requested by the City staff or the Planning Commission or as the applicant himself may desire to effect. An applicant may request a delay in the proceedings before the Planning Commission in order to modify or amend his proposal, but in no event shall any such delay continue the proceedings for a period greater than 120 days from the date of the initial public hearing thereon.

14.

Action by the City Council.

a)

Once an application under this Chapter has been forwarded to the City Council the applicant shall present his proposal before the Council in an open meeting, and questions or comments on the application shall be allowed from any person required to be notified of the application or claiming to have an interest therein. If in the Council's opinion a proposal has been substantially amended in proceedings before the Planning Commission the Council may hold a new public hearing on the application.

b)

Within 60 days of its initial meeting on an application, the City Council shall approve the application as originally submitted or as amended, shall approve the application with certain modifications or conditions therein, shall deny the application, shall request amendment of the application, shall refer the application back to the Planning Commission for further review. At this time, the Council also shall indicate the controlling standards to be used in further evaluation and planning of the project, in accordance with Section 933.05 hereof. If an application is referred back to the Planning Commission, final Council action thereon shall be taken within 60 days of the date of referral. The affirmative majority vote (three of five) of the Council shall be required for approval of a Concept Plan, except when the proposed PUD would change the existing zoning from residential to commercial where a two-thirds majority vote (four of five) of the City Council is required.

(Ord. 807 [8-26-2021])

A.

If a request for concept 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 a General Plan of Development for the proposed project as required herein, together with a fee as determined by City Council resolution.

B.

A general plan of development for the proposed project shall be submitted within six months of approval of the concept plan unless a time extension is approved by the City Council.

C.

The General Plan of Development stage submissions should depict and outline the proposed implementations of the General Concept Plan stage for the PUD. Information from the General Concept stage may be included for background and to provide a basis for the submitted plan. The General Plan of Development stage submissions shall include, but not be limited to:

1.

Present and possible new zoning classifications required for development stage submission and any other public decisions necessary for implementation of the proposed plan.

2.

Preliminary plans, drawn to scale of not less than one inch equals 100 feet (or scale requested by the City Manager) containing at least the following information:

a)

Proposed name of the development (which shall not duplicate nor be similar in pronunciation to the name of any plat theretofore recorded in the County).

b)

Property boundary lines and dimensions of the property and any significant topographical or physical features of the property.

c)

The location, size, use and arrangement, including height in stories and feet and total square feet of ground area coverage and floor area, of proposed buildings, including model homes, and existing buildings which will remain, if any. Also all required setback lines shall be depicted.

d)

Location, dimensions of all driveways, entrances, curb cuts, parking stalls, loading spaces and access aisles, and all other circulation elements including bike and pedestrian; and the total site coverage of all circulation elements.

e)

Location, designation and total area of all common private open space and facilities.

f)

Location, designation and total area proposed to be conveyed or dedicated for public open space, including parks, playgrounds, school sites and recreational facilities.

g)

Proposed lots and blocks, if any, and numbering system.

h)

The location, use and size of structures and other land uses on adjacent properties.

i)

A detailed, drawn to scale, landscape plan and planting specifications showing the areas to be sodded and the location, size and species of all trees and shrubbery to be planted.

j)

General grading and drainage plans for the developed PUD.

k)

A detailed plan illuminating size, location and structural specifications for exterior signing and lighting.

l)

Any other information that may have been required by the City staff, Planning Commission or City Council in conjunction with the approval of the General Concept Plan.

3.

An accurate legal description of the entire area within the PUD for which final development plan approval is sought.

4.

Where applicable, a tabulation indicating the number of residential dwellings units and expected population.

5.

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

6.

Preliminary architectural "typical" plans indicating use, floor plan, elevations and exterior wall finishes of proposed building, including model homes.

7.

A detailed site plan, suitable for recording, showing the physical layout, design and purpose of all streets, easements, rights-of-way, utility lines and facilities, lots, block, public and common private open space, general landscaping plan, structure, including model homes, and uses.

8.

A traffic flow plan and analysis.

9.

A solid waste disposal procedures and provisions.

10.

Preliminary grading and site alteration plan illustrating changes to existing topography and natural site vegetation. The plan should clearly reflect the site treatment and its conformance with the approved Concept Plan.

11.

A preliminary plat prepared in accordance with the Wayzata Subdivision Regulations.

12.

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.

13.

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

14.

Such other and further information as the City staff, Planning Commission, or Council shall find necessary to a full consideration of the entire proposed PUD or any stage thereof.

15.

The Planning Commission may excuse an applicant from submitting any specific item of information or document required in this Section which it finds to be unnecessary to the consideration of the specific proposal for PUD approval.

D.

Once an application for a General Plan of Development is complete, the Zoning Administrator shall refer it to the Planning Commission for a public hearing. The same notification procedure for this hearing shall be followed as was followed with respect to the applicant's Concept Plan, outlined in Section 933.05.

1.

Action by the Planning Commission.

a)

The same review procedure by the Planning Commission shall be followed for a General Plan of Development as was followed with respect to the applicant's Concept Plan, outlined above in Section 933.05.

2.

Action by the City Council.

a)

The same review procedure by the City Council shall be followed for a General Plan of Development as was followed with respect to the applicant's Concept Plan, outlined above in Section 933.05.

b)

The affirmative majority vote (three of five) of the Council shall be required for approval of a General Plan of development, except when the proposed PUD would change the existing zoning from residential to commercial, where a two-thirds majority vote (four of five) of the City Council is required. The approval of a General Plan of Development shall constitute the approval of a PUD permit.

The same 60-day procedure as outlined in Section 904.02.K of this Zoning Ordinance is required under State law for PUDs. After approval of a Concept Plan for the PUD and approval of a General Plan of Development Plan for all or a section of the proposed PUD, the applicant will submit the following material for review by the City staff prior to issuance of a building permit(s).

A.

Proof of recording any easements and restrictive covenants prior to sale of any land or dwelling unit within the PUD and of the establishment and activation of any entity that is to be responsible for the management and maintenance of any public or common open space or service facility.

B.

All certificates, seals and signatures required for the dedication of land and recording of documents.

C.

Final architectural working drawings of all structures.

D.

A final plat and final engineering plans and specifications for streets, utilities and other public improvements, together with a Community/Development Agreement for the installation of such improvements and financial guarantees for the completion of such improvements.

E.

Any other plan, agreements or specifications necessary for the City staff to review the proposed construction. All work must be in conformance with the Minnesota State Building Code.

If periodic review of a PUD project is included as a condition to the approval of a PUD permit, such a project shall be reviewed by the City Council. The 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 in Section 933.05 for review of a Concept Plan.

A.

Application Procedures. Any deviation or modification from the terms or conditions of an approved PUD permit or any alteration in a project for which a PUD permit has been approved shall require an amendment of the original permit. An application for amendment of the original PUD permit specifying the proposed variance or alteration shall be submitted to the City, together with a fee established by City Council resolution and such information as is required by the City or as the applicant deems necessary to fully explain his application. Should the applicant request an amendment of a PUD permit to erect an additional building or buildings, the applicant fee therefor shall be established by City Council resolution. In either case, the applicant also shall pay, as an additional fee, any consulting expenses which are incurred by the City in review of the application. The same application and hearing procedure for an amendment of a PUD permit shall be followed as was followed with respect to the applicant's Concept Plan, as outlined in Section 933.05.

B.

Action by the Planning Commission and City Council. The same review procedure by the Planning Commission and City Council shall be followed for an amendment of a PUD permit as was followed with respect to the applicant's Concept Plan, outlined in Sections 933.05 and 933.06. The affirmative majority vote (three of five) of the City Council shall be required for approval of an amendment of a PUD permit.

A.

Records. The Zoning Administrator shall maintain a record of all PUD permits issued by the City, 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. Any application under this Section may be withdrawn by an applicant without prejudice at any time prior to final City Council action thereon.

C.

Resubmission of an Application. Once an application for a PUD permit 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.

D.

Cancellation of a PUD Permit. Physical implementation of any approved PUD project must begin within 12 months following City Council approval of the PUD permit for that project, unless in granting such a permit the 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 permit for a project unless an extension of said permit is approved by the Council prior to the date of cancellation. An application for extension of a PUD permit shall be administered in the same manner as outlined in Section 904.06.B of this Ordinance for extension of a conditional use permit. An existing PUD permit also shall be cancelled if any rezoning or other action by the City shall occur which supersedes the permit.

E.

Qualifications of an Applicant. Any application under this Section shall be made only by the owner of the property covered in the application or by his 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 he has no objections to the proposed project and that he is in fact joining in said application as his interest may appear.

F.

Financial Security to Ensure Compliance. In order to ensure that all improvements contained in a General Plan of Development are completed in accordance with said Plan and to ensure that an applicant fully complies with all conditions of a PUD permit, the applicant may be required to post a corporate surety bond, cash bond or letter of credit guaranteeing the faithful performance of such work and compliance with such conditions. Such security shall be in a form satisfactory to the City, shall be in an amount established by the City Council, and shall cover each segment of each phase of a PUD project as outlined in the General Plan of Development. However, the amount of said security may be reduced or a portion of said bond may be released as specific segments of each phase of development have been completed, upon approval by the City Council.

G.

Platting of a PUD Project. In the event that any approved PUD project 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 Wayzata Subdivision Regulations and in conjunction with the General Plan of Development as outlined in Section 933.06.

H.

Conveyance of Property Within a PUD Project. In the event that any real property within an approved PUD project is conveyed in total or in part, the buyer(s) thereof shall be bound by all provisions of the PUD permit and the General Plan of Development for that project. However, nothing in this Ordinance shall be construed as to make such conveyed property non-conforming with regard to normal zoning standards as long as the conveyed property conforms with the approved PUD permit and the General Plan of Development for a project.

I.

Issuance of Building Permits. Following approval by the City Council of a PUD permit and a building permit for the proposed structures within a PUD project, the Building Official shall issue a building permit for such structures in compliance with this Ordinance.

J.

Compliance with Overall Plan. Following Final Plan approval of a PUD, or a stage thereof, the City Building Official, shall at least annually until the completion of development, review all permits issued and construction undertaken and compare actual development with the approved development schedule.

If the City Building Official 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 plans as finally approved, he shall immediately notify the Council. Within 30 days of such notice, the Council shall either by ordinance or resolution as may be applicable, revoke the PUD and the land shall thereafter be governed by the regulations applicable in the district in which it is located, or shall take such steps as it shall deem necessary to compel compliance with the Final Plan as approved; or shall require the land owner or applicant to seek amendment of the Final Plan.