HomeMy WebLinkAboutFarmers & Merchants CUP
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a Request for a Conditional Use Permit to modify the Conditions of
Approval for CUP-03-050 and allow a public use in the 0- T Zone, by Farmers and
Merchants State Bank.
Case No(s). CUP-05-040
For the City Council Hearing Date of: September 27, 2005
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.
b.
The matter was duly considered by the City Council at the June 21, 2005, public
hearing(s). The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
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 for approval to the City Council.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
d.
2.
a.
Process Facts
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.
Application and Property Facts
3.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S).CUP-O5-040 - PAGE 1 of 4
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 is Farmers and Merchants State Bank.
4. Required Findings per Zoning and Subdivision Ordinance
a.
a.
See Exhibit D for the findings required for the application.
B. Conclusions of Law
1. 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 ITom 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 ifthe 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
shown in Exhibit A and the Conditions of Approval in Exhibit A. 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:
1. The applicant's CUP Site Plan is hereby conditionally approved; and
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S).CUP-O5-040 - PAGE 2 of 4
2. The site specific and standard conditions of approval are as shown in Exhibit A.
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 ofthe 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
1. 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 governing 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 a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F.
Exhibits
Exhibit A:
Staff Report
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S).CUP-O5-040 - PAGE 3 of 4
By action of the City Council at its regular meeting held on the
,2005.
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED
COUNCIL MEMBER CHRISTINE DONNELL
VOTED
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED
COUNCIL MEMBER KEITH BIRD
VOTED
MAYORTAMMYdeWEERD
(TIE BREAKER)
VOTED
Mayor Tammy de Weerd
Attest:
William G. Berg, Jr., City Clerk
Copy served upon Applicant, The Planning and Zoning Department, Public Works Department
and City Attorney.
By:
City Clerk's Office
Dated:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S).CUP-O5-040 - PAGE 4 of 4
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
STAFF REPORT
cM'e~idi ~~ ¡:
ID.\I-IO "
Mayor, City Council \.:; ß
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Josh Wilson, Associate City Planner ""~'~~'/!-1"I'!",~~, s..~.~_f:n_'~:
Farmers and Merchants State Bank CUP Modification
. CUP-05-040
City Council Hearing
Hearing Date: 9/27/2005
TO:
FROM:
SUBJECT:
Modify the conditions of approval for CUP-03-050 and allow a public use in
the Old Town zone
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant has requested to
modify the conditions of approval of CUP-03-050 in order to allow the existing building at 703 N. Main
Street remain and also to allow a public use in the Old Town zone. The existing building that is proposed
to remain would be leased to the City of Meridian for office space.
2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Conunission heard the
item on September 1, 2005. At the public hearing they moved to recommend approval.
a. Summary of Public Hearing:
i. In favor: None.
ii. In opposition: None.
iii. Commenting: Mark Stewart, Washington Federal
IV. Staff presenting application: Josh Wilson
v. Other staff commenting on application: None.
b. Key Issues of Discussion by Commission:
i. Former drive through access to Main Street
ii. Access to Washington Federal parking lot for vehicular circulation
c. Key Commission Changes to Staff Recommendation:
i. Add Condition 1.5 which states "The applicant shall place a planter or bench at
both ends of the former drive through lane to prevent direct vehicular access to
Main Street"
11. Add Condition 1.6 which states "The applicant shall submit to the Meridian
Planning Department a recorded cross access agreement with the Washington
Federal property to the north, and the existing curb located on the north property
line of the subject property, across the drive aisle, shall be removed at
Washington Mutual's expense."
d. Outstanding Issue(s) for City Council:
1. ---
11. --
3. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
703 N. Main Street / Comer of Main St and Broadway Ave
3NIE7
b. Owner:
Farmers and Merchants State Bank
CUP-05-040
PAGEl
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT, QUESTIONS? CALL (208) 884-5533
5328 Fairview Ave
Boise, Idaho 83703
c. Applicant:
Fanners and Merchants State Bank
5328 Fairview Ave
Boise, Idaho, 83703
d. Representative: Denise Lauennan, CSHQA
e. Present Zoning: OT
f. Present Comprehensive Plan Designation: Old Town
g. Description of Applicant's Request:
1. Date of CUP site/landscape plan (attached as Exhibit A2):
h. Applicant's Statement/Justification (reference submittal material):
From the letter dated June 28, 2004:
03/21/05
"Fanners and Merchants State Bank received Conditional Use Permit approval in January of 2004
(CUP-03-050) to construct a new bank facility in downtown Meridian at the comer of Meridian
Road and Broadway Avenue. The applicant proposed to construct a new 16,000 square foot facility
on their property which extends from Main Street to Meridian Road along the north side of
Broadway Avenue. The property contained an existing structure that fonnerly housed the bank
facility that was relocated to the new building, and removal of the older building for the
construction of a proposed pedestrian plaza was a condition of approval for the CUP. Specifically,
the condition reads: "The applicant shall remove the existing Fanners and Merchants State Bank
building upon occupancy of the new building facility." It is important to note that construction of
the pedestrian plaza was not included as a condition of approval.
Fanners and Merchants State Bank is proposing to modify the approved Conditional Use Permit
(CUP-05-030) in order to retain the existing building for use as leased office space. The applicant
would also like to modify the CUP to include approval of a "public use," which is a conditional use
in the Old Town zone, for use ofthe building as offices for the City of Meridian.
Meridian City Code 11 M 17M 1 OC states: "Upon written application by the holder of a conditional use
permit, and following a hearing and recommendation by the commission, the council may modify
the conditions, limitations and/or scope of the permit, in accordance with the limitations and
requirements of section 11-17.3 of this chapter. The council may delegate to the commission and
zoning administrator authority to consider and approve or deny specified minor modifications,
provided such modification was not the subject of appeal during the original public hearing and will
not adversely impact adjacent properties." The requested modifications to the CUP are beyond the
scope of modifications which can be approved at a Staff or Commission level, thereby requiring a
new Conditional Use Permit"
4. PROCESS FACTS
a. The subject application will in fact constitute a conditional use as determined by City
Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 17, a
public hearing is required before the City Council on this matter.
b. Newspaper notifications published on: September 12, 2005 and September 26,2005
CUP-05-040
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
c. Radius notices mailed to properties within 300 feet on: September 5, 2005
d. Applicant posted notice on site by: September 15, 2005
5. LAND USE
a. Existing Land Use(s): Vacant commercial building
b. Description of Character of Surrounding Area: Mix of commercial and office uses
c. Adjacent Land Use and Zoning
1. North: Washington Mutual Bank and Meridian City Hall, zoned a-To
2. East: Main Street and various businesses, zoned a-To
3. South: Broadway Avenue and vacant land proposed for development, zoned O-T.
4. West: Farmers and Merchants new bank facility, zoned a-To
d. History of Previous Actions: CUP-03-050, V AR-03-021
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer:
Already serviced
Already serviced
None.
Location of water:
Issues or concerns:
2. Vegetation: Existing streetscape installed as part of original CUP approval
3. Flood plain: NA
4. CanalslDitches Irrigation: NA
5. Hazards: NA
6. Proposed Zoning: O-T
7. Size of Property: 1.03 acres
8. Description of Use: Public offices
f. Conditional Use Infonnation
1. Non-residential square footage: 3,981 square feet of existing structure
2. Proposed building height: 15 feet (existing structure)
3. Number of Residential units: NA
g. Off-Street Parking (non-residential uses)
1. Parking spaces required: 83 for entire site (including new bank facility)
2. Parking spaces proposed: The property was granted a parking variance for 46 on site
parking spaces and 13 off site parking spaces on Broadway Avenue (for a total of 59
spaces).
3. Compact spaces proposed: No compact spaces are proposed.
4. Off-site parking proposed: Yes- 13 spaces existing on Broadway Avenue
h. Proposed and Required Non-Residential Setbacks:
CUP-05-040
PAGE 3
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
Existing Required
Front 15 20
Street side 0 20
Side 15 5 per story
Rear 40 20
Frontage 60 50
Lot Size 1.03 acres 7,000 sq. ft.
i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access
to the building will be through the existing curb cut on Broadway Avenue and parking lot to
the west.
7. COMPREHENSIVE PLAN POLICIES AND GOALS
The Comprehensive Plan Future Land Use Map designates the property as "Old Town" and it is
currently zoned O-T. Old Town "includes the historic downtown and the true community center. Uses
would include offices, retail and lodging, theaters, restaurants and service retail for surrounding residents
and visitors." (see Comprehensive Plan, p. 99). Staff finds that the following Comprehensive Plan
policies apply to the subject application:
Develop incentives to retain the existing institutional, commercial, and govenunent anchors to
remain in Old Town. (Chapter IV, Goal II, Obj. D, Action 8)
Support compatible uses which will attract a high daytime and nighttime population to the
downtown area. (Chapter V, Goal II, Obj. A, Goal 3)
8. ZONING ORDINANCE
.
.
a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists offices and public uses as
conditional uses in the Old Town zoning district.
b. Purpose Statement of Zone: The purpose of the OT district is to accommodate and encourage
further expansion of the historical core of the community; to delineate a centralized activity
center and to encourage its renewal, revitalization and growth as the public, quasi-public,
cultural, financial and recreational center of the city. A variety of these uses integrated with
general business, medium-high to high density residential, and other related uses is encouraged
in an effort to provide the appropriate mix of activities necessary to establish a truly urban city
center. The district shall be served by the municipal water and sewer systems of the city.
Development in this district must give attention to the handling of high volumes of traffic,
adequate parking, and pedestrian movement, and to provide strip commercial development,
and must be approved as a conditional use, unless otherwise permitted.
c. General Standards: According to MCC 11-17-1, the City should impose any condition(s)
deemed necessary to insure compatibility of the development (CUP) with other uses in the
vicinity and such additional safeguards as are necessary to uphold the intent of the ordinance.
Please see Conditions of Approval in Exhibit B.
9. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
CONDITIONAL USE PERMIT ANALYSIS: Based on the policies and goals contained in the
Comprehensive Plan and the general compliance of the proposed development with the Zoning
Ordinance, staff believes that this is a good location for the proposed public use and allowing the
CUP-05-040
PAGE 4
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
existing building to remain will promote the best interests of the City of Meridian. Please see
Exhibit D for detailed analysis of facts and findings.
1. SÜmage: Since Old Town does not have specific signage regulations, any wall signs should
be regulated by the L.O standards in the zoning ordinance. The L-O District standard for
wall signs is no more than eighteen percent (18%) of wall area (up to a maximum of
seventy-five (75) square feet). If the building is a multi-tenant structure, all future signs for
tenants will require conditional use approval, unless the sign type, size, and location are
approved with this application. Therefore, staff strongly recommends that the applicant
verify that all desired signage is reviewed with this application.
2. Vehicular Access: The applicant has not proposed any changes to existing vehicular
accesses to the site and the former drive through access from Main Street is proposed to
remain. As part of the construction of the new bank building and renovation of the site, an
extruded concrete curb was placed on the north property line, prohibiting vehicles from the
Washington Mutual Bank parking lot from exiting through the Farmers and Merchants curb
cut on Broadway Avenue.
10. PROPOSED MOTION
Approve
I move approve File Number CUP-05-040 as presented in the staff report for the hearing dated
September 27,2005, and the site/landscape plan dated March 21,2005 with the following modifications
to the conditions of approval: (add any proposed modifications).
Deny
I move deny File Number CUP-05-040 as presented in the staff report for the hearing dated
September 27, 2005, and the site/landscape plan dated March 21, 2005 for the following reasons: (you
must state specific reasons for denial. They should address how the applicant might re-do the application
to gain your recommendation for approval).
11. EXHIBITS
A. Drawings
1. CUP Site/Landscape Plan (dated: 3/21/05)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Legal Description
D. Required Findings from Zoning Ordinance
CUP-05-040
PAGE 5
CITY OF MERlDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
A Drawings
1. CUP Site/Landscape Plan (dated: 3/21/05)
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.3
1.4
1.5
1.1
All signage shall per the L-O (Limited Office) zone and in accordance with the standards set forth
in Section 11-14 of the City Zoning and Development Ordinance. All signage is subj ect to
review and shall require separate permits.
No building or other structure shall be erected, moved, added to or structurally altered, nor shall
any building, structure or land be established or changed in use without a Certificate of Zoning
Compliance (CZC) issued by the Planning Department.
The request to allow the existing building at 703 N. Main Street to remain is hereby approved.
The request to allow a public use in the Old Town zone, for leased office space to the City of
Meridian, is hereby approved.
The a¡;>plicant shall place a planter or bench at both ends of the fonner drive through lane to
prevent direct vehicular access to Main Street. .
1.2
The applicant shall submit to the Meridian Planning Department a recorded cross access
agreement with the Washington Federal property to the north. and the existing curb located on the
north property line of the subject property. across the drive aisle. shall be removed at Washington
Federal's expense.
2. PUBLIC WORKS DEPARTMENT
1.6
No comments received.
3. FIRE DEPARTMENT
No comments received.
4. POLICE DEPARTMENT
No comments received.
5. PARKS DEPARTMENT
No comments received.
6. SANITARY SERVICE COMPANY
No comments received.
7. ADA COUNTY HIGHWAY DISTRICT
Applicant shall comply with Conditions of Approval for CUP-03-050.
B-1
. AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
CITY OF MERIDIAN PLANNING
C. Legal Description
-----'-'-'-"""~-"-" '---,.." --'""--'"".__._'-~-"-"---,_.,,._--._---
LL-CAL DESC~RIP TION
LOTS 1 THROUGH 5 IN BLOCK 2 OF THE AMENDED
PLA T OF THE ORIGINAL TOWNSI T£ OF MERIDIAN, AS
SHOWN ON THE OFFICIAL PLA T THEREOF FILED IN
BOOK 1 OF PLA TS A T PAGE 30, RECORDS OF ADA
COUN TY: IDAHO.
AND
THE SOUTH 1/2 OF LOTS 12 THROUGH 16 AND ALL
OF LOTS 7 THROUGH 11 INCLUSIVE, IN BLOCK 2 OF
THE AMENDED PLA T OF THE ORIGINAL TOWNSITE OF
MERIDIAN, RECORDED IN BOOK 1 A T PAGE 30
RECORDS OF ADA COUN TY: IDAHO.
"--..---,.-
C - 1
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
D. Required Findings from Zoning Ordinance
1. CUP Findings:
The Commission and CoWlcil shall review the particular facts and circumstances of each
proposed conditional use in tenns of the following and may approve a conditional use pennit if
they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3):
F.
D - 1
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;
City Council finds that the subject property is large enough to accommodate the
requested use and all other required features.
B.
That the proposed use and development plan will be harmonious with the Meridian
Comprehensive Plan and in accordance with the requirements of this Ordinance;
This property is designated as Old Town on the Comprehensive Plan Future Land Use
Map. If the applicant complies with the Conditions of Approval in Exhibit B, City
Council finds that the proposal will be harmonious with the Meridian Comprehensive
Plan and in accordance with the requirements of Meridian City Code.
c.
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;
The existing character of the area will, and is, currently changing. However, City Council
finds that the applicant is not proposing to alter the structure or character of the property
and the use proposed is congruent with surrounding uses and uses that have occurred on
the property in the past.
D.
That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity;
If all Conditions of Approval contained in Exhibit B are complied with, City Council
does not believe that the proposed use will adversely affect other properties in the
vicinity.
E.
That the proposed use will be served adequately by essential public facilities and
services such as highways, street, police, and fire 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;
The ACHD has submitted a "comply with" letter for this development. ACHD has
required that the applicant shall comply with the conditions of approval for the previously
approved Conditional Use Pennit (CUP~O3-050).
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;
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
City Council finds there will not be excessive additional requirements at public cost and
the use of this property as proposed will not be detrimental to the economic welfare of the
community.
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;
City Council finds that this use will not involve activities, processes, materials,
equipment, or operations that will be detrimental to any persons, property, or the general
welfare of any persons or property in the area. The proposed use should not produce
excessive 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;
The applicant has not proposed any changes to existing vehicular approaches and City
Council fmds that the proposed use will not create an interference with traffic on
surrounding public streets.
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.
City Council is unaware of any natural or scenic features of maj or importance on this site
and finds that no natural or scenic features of major importance will be lost or damaged
by approving the subject application.
D~2