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Frenchman Place 5th Addition <br />Page 7 <br />5. The floodplain designation on the official zoning map shall not be removed from <br />floodplain areas unless it can be shown that the designation is in error or that the area <br />has been filled to or above the elevation of the regulatory flood protection elevation and <br />is contiguous to lands outside the floodplain. <br /> <br />No floodplain areas are proposed to be impacted with the project. <br /> <br />It is in staff’s opinion that all of the necessary requirements for approval of a zoning amendment <br />are met. <br /> <br />Conditional Use Permit <br /> <br />The developer is requesting an apartment use to be allowed on the property. Apartment <br />communities are allowed in the R-5 zoning district with a conditional use permit. <br /> <br />The Planning Commission must review the application for a conditional use permit with the <br />standards provided in Section 90-37 of the City Code. Staff used these standards to review the <br />application and found that the request meets all applicable standards as follows: <br /> <br />1. The proposed use is permissible by law. <br /> <br />The proposed use is allowed by conditional use permit. <br /> <br />2. The proposed use is keeping with the spirit and intent of the ordinance. <br /> <br />The proposed use is allowed in the R-5 zoning district and will keep with the spirit and intent of <br />the ordinance, which is intended to allow an apartment building community with a CUP as long <br />as they comply with the regulations. <br /> <br />3. The proposed use is compatible with the City’s Comprehensive Plan and the character of the <br />surrounding area. <br /> <br />The proposed use requires a comprehensive plan amendment to have a land use of High Density <br />Residential (HD). The property is located within and area that is adjacent to a shopping center, <br />apartments and townhomes. <br /> <br />If the comprehensive plan is approved, it will be compatible with the comprehensive plan and <br />character of the area. <br /> <br />4. The proposed use has adequate drainage, water supply, electrical, gas, and sewage treatment <br />facilities. <br /> <br />The proposed use as adequate drainage, water supply, and utilized to the site. <br /> <br />5. The proposed use has adequate road access. <br /> <br />The property has access to Rosemary Way. <br />