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, � <br /> (1) Minimum area;shoreland district limitation. Each site proposed for rezoning to RPUD shall have a <br /> minimum area of five acres, excluding areas within a designated wetland,floodplain or shoreland district or right- <br /> of-way, unless the council finds the existence of one of the following: <br /> a. Unusual physical features of the property itself or of the surrounding neighborhood such that <br /> development as a RPUD will conserve a physical or topographic feature of importance to the neighborhood or <br /> community. <br /> b. The property is directly adjacent to or across a public street from property which has been <br /> developed previously as a RPUD or planned residential development and will be perceived as and will function as <br /> an extension of that previously approved development. <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 principal arterial <br /> 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 the existing <br /> zoning district. <br /> No property located within 250 feet of the ordinary high water level (OHWL) of a protected lake or tributary as <br /> defined in article IX of this chapter shall be rezoned to RPUD. However,for a property that is partially located less <br /> than 250 feet from the OHWL and partially located more than 250 feet from the OHWL,the portion located more <br /> than 250 feet from the OHWL may be rezoned to RPUD at the discretion of the city council when all other <br /> 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 designated for <br /> commercial use if the city council finds that such use is in the best interests of the city and is consistent with the <br /> requirements of this division. If a commercial site is to be rezoned to RPUD,the city may forward a copy of the <br /> 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 <br /> unit per two acres must be in the metropolitan urban services area (MUSA)and must be serviced by municipal <br /> ' sewer. <br /> (4) Density. Each development in the RPUD district shall have a density within the range specified in <br /> the comprehensive plan for the specific site. If the site is not designated in the comprehensive plan for residential <br /> use,the appropriate density shall be determined by the city based upon the city council's finding that such density <br /> is consistent with the intent of this division and of the comprehensive plan. Developments with proposed densities <br /> in excess of the densities contemplated in the comprehensive plan shall be allowed only on properties which are <br /> currently zoned and guided for commercial use, in order to maintain the character and integrity of the areas zoned <br /> 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 modi�cation of density(only for properties <br /> currently zoned and guided for commercial use)and floor area ratio requirements for developments providing <br /> lifecycle housing and affordable and moderate cost housing. Incentives for affordable and moderate cost housing <br /> may be approved by the city only after the developer and city have entered into an agreement to ensure that the <br /> low and moderate cost units remain available to persons of low and moderate income for at least 20 years. <br /> � 4 <br />