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Rosemary Apartments Site Plan and CUP Page 3 The Planning Commission must review the application for a conditional use permit with the standards provided in Section 90-37 of the City Code. Staff used these standards to review the application and found that the request meets all applicable standards as follows: 1. The proposed use is permissible by law. The proposed use is allowed by conditional use permit. 2. The proposed use is keeping with the spirit and intent of the ordinance. The proposed use is allowed in the R-5 zoning district and will keep with the spirit and intent of the ordinance, which is intended to allow an apartment building by a CUP as long as they comply with the regulations. 3. The proposed use is compatible with the City's Comprehensive Plan and the character of the surrounding area. The City's Comprehensive Plan guides the land use for the site as Medium Density Residential (MD). The site is located between a commercial area, large lot residential, and a townhome development. The property is part of the Frenchman Place development that was master planned in 2008. There are several lots in the development that were proposed to be a combination of institutional, residential, and commercial uses. The proposed use is compatible with the master plan, the surrounding development, and will not alter the character of the area. 4. The proposed use has adequate drainage, water supply, electrical, gas, and sewage treatment facilities. The proposed use as adequate drainage, water supply, and utilized to the site. 5. The proposed use has adequate road access. The developer is proposing access of Rosemary Way which is designated as a collector street in the City's Comprehensive Plan. 6. Technical Evaluation of Floodplain. The developer is not proposing to impact any floodplain. 7. The proposed use should not increase the potential for flood damage. The proposed use would not obstruct the floodplain or increase the potential for flooding. 8. The proposed use will not damage or reduce the benefits the public receives from public waters. The proposed use would not damage or reduce the benefits from any public waters.