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HomeMy WebLinkAboutKathy Hinshaw CUP-04-031 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Conditional Use Permit Approval to Operate a Retail Candle and Gift Shop in an 0- T Zone, by Kathy Hinshaw Case No(s). CUP-04-031 For the City Council Hearing Date of: September 28, 2004 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the September 28, 2004 public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction ofthe City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O4-O31 - PAGE I of 4 a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings are Tony and Kathleen Hinshaw. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit D for the findings required for each type of application. B. Conclusions of Law I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan dated 7-12-04 as shown in Exhibit B and the Conditions of Approval in Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: CITY OF MERIDIAN FINDINGS OF FACT. CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O4-031 - PAGE 2 of 4 I. The applicant's Site Plan as evidenced by having submitted the Site Plan dated 7-14-04 is hereby conditionally approved; and 2. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.B.) E. Notice of Final Action and Right to Regulatory Takings Analysis I. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the goveming body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Deed and Legal Description CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O4-03 I - PAGE 3 of 4 Exhibit B: Approved Site/Landscape Plan Conditional Use Permit Conditions of Approval Exhibit C: Exhibit D: Conditional Use Permit Findings By action of the City Council at its regular meeting held on the ~.6e.- , 2004. / ¿ -1"£ day of COUNCILMAN SHAUN WARDLE VOTED~ COlJHCILNlAN lULL NAK I YOTI1Q_~ COUNCILMAN CHARLIE ROUNTREE VOTED~ VOTED-þ COUNCILMAN KEITH BIRD MAYOR TAMMYdeWEERD (TIE BREAKER) VOTED Attest: and City Attorney. By: j~ {l Å ~ Uh..J City Clerk's Office Dated: 10 - 2!5 -04- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASENO(S).CUP-O4-031- PAGE4of4 EmmIT A See Attached Deed and Legal Description @~ G ~UT A --' . ~~. Ord... No.; AO42!1294 WARRANTY DEED FOR VALUE RECEIVED, ROBERT GOODWIN, AN UNMARRIED PERSON The Grantor(s), do(eo) heJeby grunt, Iw¡ ain ",,1l1lIld convey un1X> TONY A. HINSHAW IIIId KATHLEEN P. HINSHAW, HUSBAND AND WIFE whose - address is 128 B, PINE AVENUE MERIDIAN, ID 83642 the Grantee(s). the following described premises, in Ada County, Idaho, TO WIT: The Bast half of Lot 7 and the South 90 feet of Lot 8 in Bloe!< 2, F.A. NOURSBS FIRST ADDITION, acoording to the OfJIclaJ Plat thereof, filed in Book 2 of Plato at Pase(s) 53, records of said Ada County. Idah<!. TO HAY¡¡ AND TO HOLD dIo lll!id p........ with Iheir OPP- UDID !he ..id OIODI1IO, hoirs oml aso!øDslbmor, ADd dIo ..id 0ranIDr(s) dD(os) horebyco\lODODtID ODd wiIb tholll!id Gnmtoo(s), tbat(s)holalam tho nwnor(.) In tòo lImpiD oflll!id pramioos; thot they am ftn fi-om 111- axCEPT: SDbject ID.II exiotlng pma' -- ......on... ri¡bI(&) Dfway. prDloctÎ1Ie""""" ....ln8 onJInonooo, ODd oppJlcobiD building codoI, laws ODd roøøIItiÐaI. _1- 0Dd""""'0IIII. iDdudiag irriptiOD ODd utility ....1001119 (if any) fur tho curronI year, which ora no' duo and ~I.. =;;¡"'___k__.___' ROBERT GOODWIN STATE OF IDAHO COUNTY OF ADA ExumIT B See Attached Site/Landscape Plan ~ ,~Q 1 w +~ s " .<:::1 :15- ~ <::.J ! E <'=- All ~ lDCu-f ~- er~ s;;:¡, ¡' _.. \:\15\V'J(., ~ ~ ""'\ J .c tL . uJi 3'61 1 shet.JL' I/;'q" ~ CmwtJ ~;~~~ t 'f(,,' Z '" 'L" ,r--;> àa N -'\ 3 ~ . ~ c.vVtol' c.~nJ.. p.,".;.i"j ~ 1JD1 ~ ¡ It)'!') ~' ! , i : ',,', " (~ ~~ 6nt..~ ¡u E, PineA¥'E, ¡ ; $' , f:::t %!oj. sf. 6ro.ss ~sidtu.tCIJL ~s I Ii i ! .,"1" , ,""', ExumIT C The City Council of the City of Meridian hereby approves the requested Conditional Use Permit as requested by the Applicant for the property described in the application, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMIT) I. This CUP approval shall be contingent upon the applicant obtaining a parking variance from the City Council (see V AR-04-005). 2. Prior to obtaining occupancy, provide parking in accordance with the requirements of the City Council, as required with VAR-04-005, All vehicular use areas shall be paved and striped in accordance with Meridian City Code. 3. Provide and maintain landscaping adjacent to Pine Avenue in accordance with MCC 12- 13-10. The standard established in the City of Meridian Landscape Ordinance for mitigation of existing trees (if removed from the site) will be followed. 4. The applicant shall coordinate the location and design of trash dumpster(s) with Sanitary Services Company (SSe) staff. Trash enclosures must be builtin the location and to the size approved by SSC. All dumpster(s) must be screened in accordance with MCC 11-12- l.C, 5. No signs are approved with this CUP. All signs will require a separate sign permit in compliance with the sign ordinance. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 6. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without fITstobtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1), 7. All construction shall conform to the requirements of the Americans with Disabilities Act. 8. Sanitary sewer and water service shall be from the city of Meridian's existing systems adjacent to the site. Upgrading of existing service lines may be necessary to provide a level of service different from a residential use. 9. 10. B. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section ll-13-4.C. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 11. The applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. Adopt the recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval 1. In order to be consistent with previous Commission action regarding paving of the alley and the back up requirements, the developing site shall also benefit from the Commission action of November 20, 2002. 2. 3, The applicant shall not be required to pave the alley abutting the development site and to the nearest street. The applicant shall not be required to provide the required back-up space requirement. The applicant shall be required to repair any existing damaged sidewalk; curb and gutter construction or replacement; replacement of unused driveways with standard curb, gutter and sidewalk; installation of pedestrian ramps; pavement repairs; signs; traffic control devises; and other similar items in order to correct deficiencies or replace deteriorated facilities. The applicant shall be required to work with the Development staff to correct any deficiencies abutting the site on Pine Avenue. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at ' 387-6280 (with file number) for details. 4. 5. 6. 7. 8. 9. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details, All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance ofbuilding permit (or other required permits), which incorporates any required design changes. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, pla.Ì1s, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the recommendations of the Meridian Fire Department as follows: 1. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 2. 3. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a, Fire Hydrants shall have the 4 \1:." outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. Fire Hydrants shall be placed on corners. Fire hydrants shall not have any vertical obstructions to outlets within 10'. e. f. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. All driveways shall have a clear driving surface, available at all times, which is 20' wide. 5, Maintain a separation of5' from the building to the dumpster enclosure. 6. All processes & storage practices shall be required to comply with the International Fire Code, 7. AlÍ portions of the buildings located on this project must be within 150' ora paved surface. D. Adopt the recommendations of the Sanitary Services Company (SSe) as follows: 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal. E. Adopt the recommendations of the Meridian Parks Department as follows: 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. EXUmIT D The City Council hereby approves the following analysis of required findings by staff: STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (II- 17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features. as may be required by this ordinance; Parking: As mentioned in the summary above, the submitted site plan only depicts one on-site parking stall. MCC 11-13-5.B.2 requires retail uses to provide 1 on- site parking space for every 200 square feet of building (gross). Per this requirement, the applicant would be required to provide jive (5) parking stalls (924 s.fbuilding/200 = 4.62 stalls) on the property. MCC ll-13-3.A requires off- street parking facilities to be designed with appropriate means of vehicular access to a street or alley, in a manner which will least interfere with traffic movement. MCC 11-13-4.D requires all off-street parking areas to be paved. MCC 11-13-3 requires parking spaces to be within 300-feet of the use served..MCC 11-13-4.F requires parallel parking stalls to be 9-feet wide and 23-feet long. The applicant is proposing to utilize the existing covered, 15-foot wide by 19-foot long, concrete slab for the on-site parking stall. Further, the applicant is proposing to pave a driveway, from the alley to the stall. There are approximately 40-feet from the back of the parking stall to the alley. The driveway to the parking stall is approximately 17-feet wide. For one parking stall this design the minimum requirements for paving, back-up area, and should have no more interference with traffic movement than any other property taking access to the alley. With the amount of frontage this site has on Pine Avenue (46-feet), the City would recognize two (cars) being able to park in front of this site (see MCC 11-13-4.F). Further, all of the parking stalls within the City parking lot, on the south side of Pine Avenue, are within 300-feet of the proposed use. Staff recognizes that most parcels located in the 0- T district were not originally platted anticipating retail uses in the future. In fact, when the subject properties on this side of Pine Street were originally configured, in 1901 with F.A. Nourse's First Addition to Meridian, the lots were 30-feet wide and 120-feet deep. These dimensions are not very conducive to providing off-street parking for non- residential uses. The applicant has submitted a variance application seeking to alter the City's established parking standards (V AR-04-005). NOTE: MCC 11-18 does not require Commission action and will be heard by the City Council on the same agenda as the subject CUP application, On January 28, 2003, the City Council approved a Conditional Use Permit (CUP- 02-033) application and concurrent Variance (V AR-02-016) application for a retail use directly to the west of the subject property (124 E. Pine Avenue). The above-mentioned applications requested CUP approve to convert the existing home into a retail business, and a variance to provide only two (2) on-site parking stalls for the retail use. Staff is recommending approval of a parking variance for the following reasons (City Council and Mayor please see V AR-04-005 for more detailed findings): . The City has a surface parking lot in this block of Pine Street, on the south side of the street that patrons may be able to use, Pine Street does currently allow on-street parking in this area, This site has constraints on the alley side that would make adding additional parking in the rear very difficult, Staff does not anticipate that this will be a high volume retail business. ACHD anticipates that this business will generate forty-one (41) vehicle trips per day (see ACHD staff report), and Requiring the applicant to provide five (5) parking stalls on-site would be detrimental to the atmosphere of Old Town as set forth in the Comprehensive Plan and the Downtown Marketing Strategy. . . . . See Site Specific Conditions #1 and #2 below. Landscaping: The existing building is sandwiched between two other commercial uses. Therefore, landscaping to the east and west are not required by City Ordinance. MCC 12-13-10-4 requires a 20-foot wide landscape buffer along Pine Avenue. Within this landscape buffer, MCC 12-13-10-6 requires one (I) tree to be planted for every 35-feet of street frontage. This site has 46-feet of frontage on Pine Avenue. The existing building is set back approximately 30-feet from Pine A venue, allowing plenty of room to provide the required buffer width and materials (I tree and vegetative groundcover). There are two (2) existing, approximately 2-inch caliper trees, located within the required street buffer (front yard) adjacent to Pine Avenue. These trees should be retained. See Site Specific Condition #2 below. Staff finds that the subject property is large enough to accommodate all required setbacks (yards), open spaces, landscaping and other features ~equired by the ordinance. The Commission and Council should relv on the applicant's testimonv at the public hearing, staffs analvsis. and established parking standards outlined in MCC 11-13-5 to determine if the site is large enough to provide adequate parking for a retail business. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of c. this Ordinance; The Comprehensive Plan Future Land Use Map designates the property as "Old Town" and is currently zoned O-T. Staff finds that the requested use is consistent with the Future Land Use Map and the goals, objectives, and action items of the Comprehensive Plan. If approved as a CUP, staff finds that the project will be in compliance with the requirements established by ordinance. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Staff finds that the proposed retail use will not change the existing or intended character of the general vicinity, and that the design, operation, and maintenance should be compatible with other uses in the Old Town neighborhood. Staff recommends that the Commission and Council reference any written or oral testimony provided at the public hearing, as well as staff's analysis, when determining if the proposed use will adversely change the character of the area. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; The conversion of a residence to a retail use increases the need for parking in the area. Parking demand has the potential to affect other property owners and business in the area. However, staff does not anticipate that this site will be a significant parking generator. Therefore, staff does not anticipate that the proposed use will have any adverse effect on nearby properties. Staff recommends that the Commission and Council reference any written or oral testimony provided at the public hearing, as well as staff's analysis, when determining if the proposed use will adversely affect other property in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fwe protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; All essential public facilities and City services listed above currently serve this site. Upgrading may be necessary to provide a level of service different from a residential use. On August 13, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. All of the detailed conditions from the Meridian Police Department, Meridian Fire Department, and other agencies/departments are at the end of this report. F. The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police Department, the Meridian Fire Department, the Meridian Parks Department, and any other agency providing service to this. site, regarding their ability to adequately service this project. Staff finds that the subject property can be served adequately by all essential public facilities and City services. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; As noted in the finding above, all public facilities and services are currently provided to this site. All required site improvements will be funded and constructed by the applicant/developer. Staff finds that the proposed use will not be detrimental to the economic welfare of the community, nor will the use create the need for any new facilities or services to be paid for by the public. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that a retail use will create additional traffic on the adjacent roads. Further, the parking and maneuvering of cars and pedestrians may generate additional noise for surrounding properties. However, staff does not believe that the additional noise should be excessive. Staff finds that the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Access to the site is currently provided from the alley. No new access points are being requested to the alley with this application. ACHD is not requiring the applicant to improve (pave) the alley abutting the site and to the nearest street. The applicant is also not being required to provide the required back-up space into the alley by ACHD (see ACHD staff report). ACHD has granted waivers of these requirements in the past for other developments in this area due to encroachments of power poles, buildings, and fences in the adjacent alley. Because ACHD is not requiring the applicant to pave the alley, and other uses in this block have not been required to pave the alley, staff is supportive of this waiver. Ifparking is designed in conformance with the City's requirements, and the applicant complies with all of ACHD's requirements, staff finds that the proposed use will not create significant interference with any traffic on the surrounding public streets or alleys. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance, Staff is not aware of any natural or scenic feature(s) that would be lost, damaged or destroyed by allowing the proposed use to operate on this site.