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19 4.0 BACKGROUND 20 4.1 The property at 621-637 Larpenteur Avenue, located in City Planning District 15 has a %1.11 21 Comprehensive Plan designation of Neighborhood Business (NB) and a corresponding 22 zoning classification of Neighborhood Business (NB) District, in which an assisted living facility a requires approval as a CONDITIONAL USE. 24 4.2 The proposed assisted living facility has been a potential development since 2008 when 25 the property was rezoned from the former B-2 District, in which assisted living was not 26 an allowed use,, to the B-3 District,, which permitted assisted living facilities by right 2 7' subject to the district zoning standards. The recent rezoning of the property to NB as part 28 of the zoning code update concluded in December 2010 made assisted living facilities 29 CONDITIONAL USES and,, now that the development is ready to proceed, the appropriate '30 approval is being sought. '31 4.3 Section 1009.02E of the City Code requires the applicant to validate an approval of the '32 CONDITIONAL USE by beginning site work related to the assisted living development. If ' 3 the approval has not been validated within I year, the approval will expire and become void. '3 5 5. 0 CONDITIONAL USE ANALYSIS '36 5.1 REVIEW OF GENERAL CONDITIONAL USE CRITERIA- Section 1009.02C of the City Code N3 7' establishes general standards and criteria for all conditional uses,, and the Planning ' 8 Commission and City Council must find that each proposed conditional use does or can 39 meet these requirements. The general standards are as follows.- 40 a. The proposed use is not in con fTic with the Comprehensive Plan. By its 41 recommendation to approve the application, the Planning Commission has found that 42 the proposed assisted living facility is not in conflict with the Comprehensive Plan. 4,'3 While an assisted living facility is the residence of its patients, it functions more like 14,14, a relatively quiet business which has only few employees and which sees the bulk of 145 its visitor traffic on traditionally family-related holidays. This sort of hybrid use 146 seems to advance the Comprehensive Plan's several goals related to buffering 4 7' residential neighborhoods from busy commercial areas or major roadways like 148 Larpenteur Avenue. 149 b. The proposed use is not in con Tic with a Re la in Map or other ado ted plan. The Ifl, gu p 50 Planning Commission agreed with staff s finding that the proposed use is not in 51 conflict with such plans because none apply to the property. 52 c. The proposed use is not in con Tic t with any City COde requirements. The Planning 5'3 Commission found that the proposed use would not be in conflict with the City Code 54 since permits would not be issued if the plans failed to meet all of the relevant 55 requirements. Planning Division staff offers the additional reminder that a 56 CONDITIONAL USE approval can be rescinded if the approved use fails to comply with 5 7' all applicable Code requirements or any conditions of the approval. 58 d. The proposed use will not create an excessive burden on parks, streets, and other 59 public facilities. Planning Division staff does not expect the proposed use to have 60 significant impacts on any parks or public infrastructure, but increased traffic on Alta 61 Vista Drive was the primary concern expressed by the neighboring residents during PF I I -O I 3—RCA-072 511 Page 2 of 7