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<br /> <br /> <br /> Created: 2025-02-26 08:25:08 [EST] <br />(Supp. No. 21) <br /> <br />Page 10 of 33 <br />c. The property is located in an area where the proposed development provides a transition <br />between a commercial or industrial area and an existing residential area or on an intermediate or <br />principal arterial as defined in the comprehensive plan. <br />d. The property contains steep slopes or a substantial number of significant trees that could be <br />preserved through the clustering of buildings or other design techniques not generally allowed by <br />the existing zoning district. <br />No property located within 250 feet of the ordinary high water level (OHWL) of a protected lake or <br />tributary as defined in article IX of this chapter shall be rezoned to RPUD. However, for a property that <br />is partially located less than 250 feet from the OHWL and partially located more than 250 feet from the <br />OHWL, the portion located more than 250 feet from the OHWL may be rezoned to RPUD at the <br />discretion of the city council when all other requirements are met. <br />(2) Uses. Each property rezoned to RPUD shall only be used for the use or uses for which the site is <br />designated in the comprehensive plan, except that the city may permit rezoning to RPUD on a site <br />designated for commercial use if the city council finds that such use is in the best interests of the city <br />and is consistent with the requirements of this division. If a commercial site is to be rezoned to RPUD, <br />the city may forward a copy of the request to the metropolitan council for review. <br />(3) Sewer availability. A site proposed to be rezoned to RPUD with proposed density greater than one unit <br />per two acres must be in the metropolitan urban services area (MUSA) and must be serviced by <br />municipal sewer. <br />(4) Density. Each development in the RPUD district shall have a density within the range specified in the <br />comprehensive plan for the specific site. If the site is not designated in the comprehensive plan for <br />residential use, the appropriate density shall be determined by the city based upon the city council's <br />finding that such density is consistent with the intent of this division and of the comprehensive plan. <br />Developments with proposed densities in excess of the densities contemplated in the comprehensive <br />plan shall be allowed only on properties which are currently zoned and guided for commercial use, in <br />order to maintain the character and integrity of the areas zoned and guided for residential use. <br />(5) Incentives. The city may utilize incentives to encourage the construction of projects which are <br />consistent with the city's housing goals. Incentives may include modification of density (only for <br />properties currently zoned and guided for commercial use) and floor area ratio requirements for <br />developments providing lifecycle housing and affordable and moderate cost housing. Incentives for <br />affordable and moderate cost housing may be approved by the city only after the developer and city <br />have entered into an agreement to ensure that the low and moderate cost units remain available to <br />persons of low and moderate income for at least 20 years. <br />(6) Floor area ratio. Floor area ratios (FARs) shall be limited per the following table: <br />Comprehensive Plan Designation Maximum Floor Area Ratio* <br />Low or medium density residential (up to 50 and including 6.0 <br />units per acre) <br />0.5 <br />High density residential (in excess of 6.0 units per acre) 1.0 <br /> <br />*FAR = Total Building Floor Area/Total Lot Area <br />Individual lots within a development in the RPUD district may exceed these standards as long as the <br />average meets these standards. <br />62