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Frenchman Place 51 Addition <br /> Page 3 <br /> application must be approved. However, if the City finds that any of the applicable standards are <br /> not met, the application may be denied. <br /> The City has limited discretion in approving or denying a subdivision application. The City's <br /> discretion is limited to whether or not the proposed subdivision meets the standards outlined in <br /> the Comprehensive Land Use Regulations. If it meets these standards, the City must approve the <br /> subdivision. <br /> The City's discretion in approving or denying a conditional use permit is limited to whether or <br /> not the proposed application meets the standards outlined in the City's Comprehensive Land Use <br /> Regulations. If it meets these standards, the City must approve the conditional use permit. <br /> The City's discretion in approving or denying a site plan is limited to whether or not the <br /> proposed project complies with the Comprehensive Plan and Zoning Ordinance requirements. If <br /> it meets these standards, the City must then approve the site plan. <br /> The City's discretion in approving or denying a variance is limited to whether or not the <br /> proposed project meets the standards in the Zoning Ordinance for a variance. The City has a <br /> higher level of discretion with a variance because the burden of proof is on the applicant to show <br /> that they meet the standards in the ordinance. <br /> B. Consistency with Ordinance Standards <br /> The applications comply with the ordinance standards as follows: <br /> Comprehensive Plan Amendment <br /> The applicant is requesting a comprehensive plan amendment to change the land use from <br /> Commercial (COM) to High Density Residential (HD). <br /> In review of the request, staff used the following criteria: <br /> 1. Evidence submitted by the applicant demonstrating the reason(s) that the plan should <br /> be changed, including but not limited to whether new information has become <br /> available since the Comprehensive Plan was adopted that supports re-examination of <br /> the plan, or that existing or proposed development offer new opportunities or <br /> constraints that were not previously considered by the Plan. <br /> The property is currently guided as Commercial (COM) in the 2040 Land Use Plan. <br /> The property is between property that is guided Commercial (COM) and Medium <br /> Density Residential (MD) in the 2040 Land Use Plan. Allowing High Density <br /> Residential (HD) between commercial uses will provide a good transitions between <br /> the land uses. <br /> Previous attempts of commercial development on the property have not been <br /> successful, and that the portion of more buildable property where the apartment is <br /> proposed to be located, facing Rosemary Way, is more viable for residential <br /> development than commercial. Neighboring properties to the south that are zoned and <br />