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Rosemary Apartments Site Plan and CUP <br />Page 4 <br />9. The use of watercraft on public waters. <br />The proposed use would not involve the use of watercraft on public waters. <br />10. All structures shall be screened from view of public waters. <br />The proposed use would not be visible from public waters. <br />11. Wetland impacts. <br />The proposed use does impact wetlands. The developer has submitted a wetland replacement <br />plan that has been reviewed by the Technical Evaluation Panel (TEP). The approval is expected <br />to be on the April 15, 2019, City Council agenda. <br />12. All state and local permits shall be acquired for the conditional use. <br />The developer would be responsible for obtaining all state and local permits. <br />13. Adequate screening and buffering from non -compatible uses and public rights-of-way. <br />The proposed use is compatible with the adjacent developments. Landscaping will be installed <br />with the development. <br />It's in staff's opinion that the developer has met the criteria to approve the CUP request. <br />Site Plan <br />The site plan application is for the three story approximately 80,000 square foot apartment <br />building including underground parking. The foot print of the building is 20,616 square feet. The <br />building is located in the middle of the site and the parking lot is on the south side of the <br />building. The access to the site is proposed from Rosemary Way. <br />Building Setbacks <br />The R-5 zoning district requires a 25 -foot front and rear yard setback and a 15 -foot side yard <br />setback. The site plan complies with the setback requirements. <br />Building Height <br />The R-5 zoning district has a maximum building height of 35 feet. They are proposing the height <br />of the building to be 38.5 feet, where 35 feet is required by ordinance therefore a variance is <br />required. The developer has not applied for a variance. Staff has added as a condition of approval <br />that prior to the issuance of a building permit the developer shall lower the height of the building <br />to 35 feet or apply for approval of a variance. <br />