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Frenchman Place 5th Addition Page 3 application must be approved. However, if the City finds that any of the applicable standards are not met, the application may be denied. The City has limited discretion in approving or denying a subdivision application. The City’s discretion is limited to whether or not the proposed subdivision meets the standards outlined in the Comprehensive Land Use Regulations. If it meets these standards, the City must approve the subdivision. The City’s discretion in approving or denying a conditional use permit is limited to whether or not the proposed application meets the standards outlined in the City’s Comprehensive Land Use Regulations. If it meets these standards, the City must approve the conditional use permit. The City’s discretion in approving or denying a site plan is limited to whether or not the proposed project complies with the Comprehensive Plan and Zoning Ordinance requirements. If it meets these standards, the City must then approve the site plan. The City’s discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a higher level of discretion with a variance because the burden of proof is on the applicant to show that they meet the standards in the ordinance. B. Consistency with Ordinance Standards The applications comply with the ordinance standards as follows: Comprehensive Plan Amendment The applicant is requesting a comprehensive plan amendment to change the land use from Commercial (COM) to High Density Residential (HD). In review of the request, staff used the following criteria: 1. Evidence submitted by the applicant demonstrating the reason(s) that the plan should be changed, including but not limited to whether new information has become available since the Comprehensive Plan was adopted that supports re-examination of the plan, or that existing or proposed development offer new opportunities or constraints that were not previously considered by the Plan. The property is currently guided as Commercial (COM) in the 2040 Land Use Plan. The property is between property that is guided Commercial (COM) and Medium Density Residential (MD) in the 2040 Land Use Plan. Allowing High Density Residential (HD) between commercial uses will provide a good transitions between the land uses. Previous attempts of commercial development on the property have not been successful, and that the portion of more buildable property where the apartment is proposed to be located, facing Rosemary Way, is more viable for residential development than commercial. Neighboring properties to the south that are zoned and