04-16-2018 Planning Commission Packet

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FILE #LA18-000036 April 16, 2018 Page 3 of 8 The RPUD district standards indicate an RPUD site must be at least 5 acres in area, but does allow for smaller sites under specific conditions, as noted in the code excerpt below: Sec. 78-626. - Development standards. Within the RPUD district all development shall be in compliance with the following: (emphasis added in bold) (1) Minimum area; shoreland district limitation. Each site proposed for rezoning to RPUD shall have a minimum area of five acres, excluding areas within a designated wetland, 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. (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 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 with prior actions.