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FILE # 18-4002 January16, 2018 Page 3 of 8 floodplain or shoreland district or right-of-way, unless the council finds the existence of one of the following: a. Unusual physical features of the property itself or of the surrounding neighborhood such that development as a RPUD will conserve a physical or topographic feature of importance to the neighborhood or community. b. The property is directly adjacent to or across a public street from property which has been developed previously as a RPUD or planned residential development and will be perceived as and will function as an extension of that previously approved development. c. The property is located in an area where the proposed development provides a transition between a commercial or industrial area and an existing residential area or on an intermediate or principal arterial as defined in the comprehensive plan. d. The property contains steep slopes or a substantial number of significant trees that could be preserved through the clustering of buildings or other design techniques not generally allowed by the existing zoning district. No property located within 250 feet of the ordinary high water level (OHWL) of a protected lake or tributary as defined in article IX of this chapter shall be rezoned to RPUD. However, for a property that is partially located less than 250 feet from the OHWL and partially located more than 250 feet from the OHWL, the portion located more than 250 feet from the OHWL may be rezoned to RPUD at the discretion of the city council when all other requirements are met. (2) Uses. Each property rezoned to RPUD shall only be used for the use or uses for which the site is designated in the comprehensive plan, except that the city may permit rezoning to RPUD on a site designated for commercial use if the city council finds that such use is in the best interests of the city and is consistent with the requirements of this division. If a commercial site is to be rezoned to RPUD, the city may forward a copy of the request to the metropolitan council for review. It would appear that the provisions of 78-626(1)b would be applicable, as the proposed use is adjacent to the Orono Senior Housing project which itself is a component of the Stonebay Master Development and is across Kelley Parkway from the Stonebay Lofts, which are similarly zoned RPUD. Further, because the site is guided for commercial office use with the intention of being rezoned for commercial use, the rezoning would fit within the provisions of 78-626(2). It should be noted that the Council has recently approved and supported three smaller RPUD developments (Orono Senior Housing, Shadywood Villas, and the Eisinger site) so that rezoning the Kelley Parkway parcel to RPUD would not be inconsistent. Additional factors which suggest this site may be appropriate for the proposed residential use include its proximity to the medical office, as a buffer between that use and residential to the north and east, and the separation from the Industrial Park provided by Wayzata Boulevard. Relationship to Surrounding Development The design style has not been fully defined, but in keeping with the parameters of the RPUD requirements, staff anticipates a building style similar to Stonebay and its buildings, similar roof materials, pitch, building materials, colors, etc.