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HomeMy WebLinkAboutSunbelt Equipment Rental CUP-06-002 RECEIVED .., 2 ('; '~f'.f\t, ,':, ,~), ! l'\."\! ('lory OF MERIDIAN '"J' \ . ,'\(--c -,-'-"/ "'1 FD{ Î:.,-¡- _JI. '- ! " !_,,-_t',,-', ' CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA WAND DECISION & ORDER .'r~.,,'-' " "1\ jI ctG;;dl~~- ~; ';, v hJ,Uff, V' A t '<'~-~¿~>4_"l"'_I,.,,;}.-1!' S "f.!,~-,,::-¿'" me. In the Matter of a Conditional Use Permit Request for a Sunbelt Equipment Rental, Sales and Service Business on 2.49 Acres in the C-G Zone, by Franklin/Stratford Investments, LLC. Case No(s). CUP-06-002 For the Planning & Zoning Commission Hearing Date of: March 16, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 16,2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 16,2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 16, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 16,2006 incorporated by reference) 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 (I.C. §67-6503). 2, The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 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 § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP.O6-002 - PAGE I' of 4 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 Commission Chair and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Site Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of March 16, 2006 incorporated by reference. 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 Planning & Zoning Commission's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Site Plan as evidenced by having submitted the Site Plan dated February 20,2006 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of March 16, 2006 incorporated by reference. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require 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 (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the tennination of the period in accord with 11-5B-6.G.I, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O6-002 - PAGE 2 of 4 time extensions up to eighteen (18) months as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to 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 pennit 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. Attached: Staff Report for the hearing date of March 16,2006 F. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP.O6-002 - PAGE 3 of 4 By action of the Planning & Zoning Commission at its regular meeting held on the day of ~/7 ,2006.. 6~ COMMISSIONER MICHAEL ROHM (Chair) VOTED $«- COMMISSIONER DAVID MOE VOTED --$-A- COMMISSIONER WENDY NEWTON-HUCKABAY VOTED m~ COMMISSIONER KEITH BORUP VOTED ~ COMMISSIONER DA VID ZAREMB~ CED ~ CHAIRMAN MICHAEL ROHM Attest: Attorney. 4- - to-OLD Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP.O6-002 - PAGE 4 of 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 16,2006 STAFF REPORT TO: FROM: Hearing Date: 3/16/2006 Planning & Zoning Commission ~" ì , , '~ ~;;d¡;~ . ',; ,. V 1:),\1-10 .1 \~ if \~f' / "~~"~!-1'1"'.J.:.~~, ~'.."'-~~:~/ :,,~, C. Caleb Hood Current Planning Manager 208-884-5533 SUBJECT: Sunbelt Equipment Rental . CUP-06-002 Conditional Use Pennit for an Equipment Rental, Sales and Service Business On 2.49 Acres in the C-G District, by Franklin/Stratford fuvestments, LLC. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Franklin/Stratford Investments, LLC, is requesting Conditional Use Pennit (CUP) approval to operate an equipment rental, sales and service business out of a proposed 11,900 square-foot building, The proposed equipment rental business is located on 2.49 acres within Honor Park Subdivision # 3. Concurrent to the CUP application, the applicant is requesting alternative compliance for two landscaping standards: the landscaping and curbing requirements adjacent to the vehicle use/asphalt areas, and internal landscaping around the proposed parking stalls on the west side of the site. The site is located on the south side of Franklin Road, approximately 400 feet west of Stratford Drive. The property is currently zoned C-G (General Retail and Service Commercial.) NOTE: Originally, the applicant proposed to construct the subject business on two lots west ofthe current site. Staff did not believe that that location was a good place for this business and recommended denial. Since that recommendation, staff has met with the applicant and their architect. After meeting, the applicant has submitted revised drawings and site plan infonnation that relocate the business and address many of staff s original concerns. City Staff has sent additional hearing notices to property owners that are now within 300-feet of the current site (See Section 4 below for publish dates). 2. SUMMARY RECOMMENDATION The subject applications (CUP and Alternative Compliance) were submitted to the Planning Department for concurrent review. Staff is generally supportive of the revised site plan as it addresses two of the main concerns with the first proposal: it prohibits large truck trailer traffic from entering and exiting from Franklin Road driveways, and it minimizes the amount of frontage this industrial type business has on Franklin Road. There are still some changes to the submitted site plan that staff is recommending, but overall staff is supportive of the revised proposal. Staff has provided a detailed analysis of the requested applications below. Based on the analysis contained in this report. staff is recommending approval of the proposed Conditional Use Pennit (CUP-06-002) request for the proposed Sunbelt Equipment Rental. At the Commission hearing on March 16. 2006, the Commission voted to approve CUP-06-002 with the modified conditions shown in Exhibit B (modifications have been simek through, balded and underlined.) 3. PROPOSED MOTIONS (to be considered after the public hearing) Denial After considering all staff: applicant and public testimony, I move to deny File Number CUP-06- 002 as presented in the staff report for the hearing date of March 16, 2006, for the following reasons: (you must state specific reasons for denial.) I further move to direct staff to prepare an Sunbelt Equipment Rental CUP-O6-002 PAGEl CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 16, 2006 appropriate findings document to be considered at the next Planning and Commission hearing on April 6, 2006. Approval After considering all staff, applicant and public testimony, I move to approve File Number CUP- 06-002, as presented in staff report for the hearing date of March 16, 2006 with the following modifications: (add any proposed modifications.) I further move to direct staff to prepare an appropriate findings document to be considered at the next Planning and Commission hearing on April 6, 2006. Continuance After considering all staff, applicant and public testimony, I move to continue File Number CUP-06-002 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 483 East Franklin Road; Section 18, T3N RlE b, Owner/Applicant: Franklin/Stratford Investments, LLC 8585 E. Hartford Drive, Ste. 500 Scottsdale, AZ 85255 c. Representative: Dawna Jenkins, Larson Architects d. Present Zoning: C-G e. Present Comprehensive Plan Designation: Commercial f. Description of Applicant's Request: The applicant is requesting Conditional Use Pennit approval to construct and operate a heavy-equipment rental, sales and service business. The proposed building is approximately 11,900 square-feet that includes: warehouse/storage space, a wash bay, several overhead doors, maintenance areas, offices, a conference room, and a show room. Proposed on this site are a large outdoor storage area, fueling stations, and multi- level docks. The applicant is proposing to fence off the outdoor storage area with a combination of on 8-foot tall block walls and slatted 8-foot tall chain-link fencing. The applicant is proposing to provide 24 parking spaces for this use. The applicant is requesting alternative compliance for the standard requirements to construct landscape planters within some of the parking areas and to not provide landscaping adjacent to all vehicle use areas. 1. Date of CUP site plan (attached in Exhibit A): February 20, 2006 2. Date of Landscape plan (attached in Exhibit A): February 20,2006 3. Date of Building Elevations and Floor Plan (attached in Exhibit A): January 3,2006 g. Applicant's Statement/Justification: The project consists of a 9,600 s.f. single story metal building with a block façade. The maximum height of the building would be 24' -0". This will be an equipment sales/rental facility with office/warehouse within the building itself and equipment storage on the lots. The Owner is planning to provide an 8' high CMU block screen all along the north and west property lines to screen the equipment yard and is seeking alternative compliance to use an 8' high chain-link type fence with approved fabric for Sunbelt Equipment Rental CUP-06~002 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 16,2006 screening along the south and west property lines or additional plantings in the park area (please see applicant's subllÙttalletter.) 5. PROCESS FACTS a. The subject application will in fact constitute a conditional use as detennined by City Ordinance. By reason of the provisions ofUDC ll-5B-6, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: 27th, 2006 and March 13th, 2006 c. Radius notices mailed to properties within 300 feet on: January 20th, 2006 and February 22nd, 2006 (On February 22nd, 2006, City Staff sent additional hearing notice mailings to the property owners that are now within 300-feet ofthe revised site location.) d. Applicant posted notice on site by: February 61h, 2006 and March ih, 2006 6. LAND USE January 30th and February 13th, 2006 and February a. Existing Land Use(s): Vacant. b. Description of Character of SurroWlding Area: This site is part of the Honor Park Development. There are existing and proposed office, retail and flex uses within Honor Park. c. Adjacent Land Use and Zoning 1. North: Vacant and Commercial, zoned C-G 2. East: Vacant, future commercial building, zoned C-G (Honor Park Sub) 3. South: Flex building, zoned C-G (Honor Park Sub) 4. West: City Park, zoned C-G; Future commercial building(s), zoned C-G (Honor Park Sub) d. History of Previous Actions: Honor Park Subdivision #3, which included 17 commercial lots, was recorded in 1999. No specific development plans have been previously approved for this site. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Services already run to this lot. Location of water: Services already run to this lot. Issues or concerns: None. 2. Vegetation: N/A 3. Flood plain: N/A 4. Canals/Ditches Irrigation: 5. Hazards: N/A N/A 6, Existing Zoning: C-G 7. Size of Property: 2.49 acres f. Conditional Use Infonnation: 1. Non-residential square footage: 11,900 square foot building Sunbelt Equipment Rental CUP-06-002 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 16,2006 2. Proposed building height: 24 feet 3. Number of Residential units: 0 g. Off-Street Parking: 1. Parking spaces required: 24 2. Parking spaces proposed: 24 3. Compact spaces proposed: 0 4. Off-site parking proposed: 0 h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this site will be from Franklin Road for retail traffic and from Scenery Lane for the fleet of flat bed trucks. The truck access to Scenery Lane is proposed to be gated. The access to Franklin Road will be from shared driveways at the east property line and off-site to the west. As a condition of approval staff is recomrnendinll that alllan!e fleet vehicles be Prohibited from using the driveways to access Franklin Road. There is an existing cross access agreement between all of the lots in Honor Park Subdivision #3 that have frontage on Franklin Road, 7. COMMENTS MEETING On January 27,2006 PlaI111Îng Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions of all other departments and agencies in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Commercial" on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to provide a full range of commercial and retail to serve area residents and visitors. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): . Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands in the following manner: . Sanitary sewer and water service will be extended to the project at the developer's expense. The lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. The lands will be serviced by the Meridian Police Department (MPD). The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. The subject lands are currently serviced by the Meridian School District #2. This service will not change. The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. . . . . . Sunbelt Equipment Rental CUP-06-002 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 16, 2006 Municipal, fee-supported, services will be provided to this site by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. . "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action 2) The access points to this site have been previously determined with the Honor Park Subdivision #3 plat approval. The applicant is proposing to use the access points to the arterial street that were previously approved for this development. . "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action 5) The applicant is specifically askingfor alternative compliance of the requirement to install landscaping on this site. In lieu of installing a 5-foot wide landscape strip around all of the vehicle use areas as required by UDC 11-3B~8Cl, the applicant is proposing to construct fencing adjacent to the south half of the storage yard. Fencing is proposed is proposed on the south half of the site, where the equipment is primarily stored. Also, the applicant is requesting a waiver of the requirement to construct internal planters adjacent to the parking within the storage yard as required by UDC 11-3B-8C2c. The applicant is not proposing an alternative to the standard requirement to construct the internal planters, they are simply asking for a waiver of the requirement. Please see the CUP Analysis in Section 10 below for more information on landscaping this site. . "Require industrial development to confonn to Federal and State air, water, and noise pollution standards, and local landscaping, traffic, noise, and environmental standards." (Chapter VII, Goal IV, Objective A, Action 5) If approved, this use will need to conform to all applicable Federal and State requirements. See bullet above, Section 10, and the Findings in Exhibit C below for information regarding landscaping, traffic, and anticipated noise generation on this site. . "Require industrial uses to confonn to disposal, spill and storage measures as outlined by the EP A" (Chapter VII, Goal IV, Objective A, Action 3) If approved, this use will need to conform to all applicable EPA standards. . "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, benns, etc.)." (Chapter VII, Goal IV, Objective D, Action 4) Please see bullet above and Section 10 belowfor information regarding landscaping on this site. . "Encourage industrial development to locate adjacent to existing industrial uses." (Chapter VII, Goal IV, Objective A, Action 2) Although this is not a "heavy" industrial use, the proposed use is more industrial in nature than retail-commercial. There are flex building currently under construction in Honor Park Sunbelt Equipment Rental CUP-06-002 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF MARCH 16,2006 Subdivision. Most of these adjacent flex buildings have a substantial amount of their floor area dedicated to warehousing, which is an industrial type use as well. . "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staffbelieves that the proposed uses do contribute to the variety of uses in this area. Stafl recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's request is appropriate for this property. 9. ZONING ORDINANCE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2lists the pennitted, accessory, and conditional uses in the C-G zoning district. Equipment rental, sales and service businesses are allowed with conditional use pennit approval in the C~G zone. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. c. General Standards: The applicant is requesting alternative compliance to some of the standard landscaping requirements. Analysis of the proposed landscaping is provided in Section 10 below. 10. CUP ANALYSIS a. Analysis of Facts Leading to Staff Recommendation Conditional Uses: In approving any conditional use, the decision-making body may prescribe appropriate conditions, bonds and safeguards in confonnity with this Title that: minimize adverse impact of the use on other property, control the sequence and timing of the use, control the duration of the use, assure that the use and the property in which the use is located is maintained properly, designate the exact location and nature of the use and the property development, require the provision for on-site or off-site public facilities or services, required more restrictive standards than those generally required in this Title, and require mitigation of adverse impacts of the proposed development upon service delivery by any political subdivision, including school districts, that provides services within the City (UDC 11 ~5B-6D), Due to the nature of the proposed use and the existing and anticipated uses near this site. staff is recommending specific conditions be placed on this business that will minimize. or alleviate the adverse impacts that this use may pose to nearby properties in this part of the citv. Landscapin¡¡:: The landscape plan, prepared by The Land Group, Inc, labeled LI.O, dated February 20, 2006, should be approved with the following changes: Street Buffer: A 25-foot wide landscape buffer is required along Franklin Road, an arterial roadway. The applicant is proposing to construct a buffer along Franklin Road that complies with the UDC. Gravel Area: The gravel area shown on the landscape plan does not match the site plan and is not approved. Perimeter and Internal Landscapin¡¡:: As mentioned in the Comprehensive Plan Policies and Goals, Section 8 above, the applicant is requesting alternative compliance for specific landscaping standards. Per UDC 11~3B-8CI, a 5-foot wide landscape strip is required adjacent to Sunbelt Equipment Rental CUP-06-002 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 16,2006 all vehicle use areas. Per VDC 11-3B-8C2c, interior landscaping shall be use to delineate and guide major traffic movement within the parking area so as to prevent cross-space driving. The purpose of the internal and perimeter landscaping requirements, is to soften and mitigate the visual affect of a large expanse of asphalt, reduce summer heat gain, delineate and guide traffic movement, and to prevent stonn water and parked cars from spilling onto adjacent properties. The applicant claims that due to space limitations and the nature of the equipment company use, compliance with the above-mentioned standards is not possible (please see applicant's submittal letter.) The applicant is proposing to construct a 5-foot wide landscape strip on both sides of the vehicle use areas that are near the building (approximately 180 lineal feet). Rather than constructing a 5-foot wide landscape strip adjacent to all vehicle use areas, as required by UDC 11-3B-8Cl, the applicant is proposing to construct an 8-foot tall fence on the southern portion of the site, Along portions of the south, east and west property lines, the applicant is proposing to install slats within a chain link fence. Along the north and portions of the south, east, and west property line, the applicant is proposing to construct an 8-foot tall block wall. Asphalt for the storage yard/parking area on the south side of the site is proposed up to the fence line, with no curbing. The applicant would like to have maximum flexibility to move and store equipment within the storage yard area, and does not want to construct curbing and landscape planters that would decrease the ability to adapt to future needs within the yard. The purpose of the alternative compliance section of the UDC is to provide for alternative means in which to meet the intended purposes of certain development regulations when explicit compliance is not feasible or the alternative means is superior to what is required. Further, UDC 11-5B-5B2 requires that at least one limiting condition, such as topography, space limitations, an unusually shaped lot, safety, etc. exist on the site, Staff finds that there is no condition that exists on this site in which full compliance with the landscape ordinance would not be feasible. Although the fencing will semi-screen from view the visual affect of the large expanse of asphalt on the south side of the site and prevent cars/equipment from spilling onto adjacent properties, fencing is not superior to what is generally required, it will not limit heat gain, or meet the intent of UDC 11-3B-8. Also, the applicant is not proposing any provision to protect the parking stalls that are proposed within the storage yard area. Staff understands that the user would like to have maximum flexibility to move the parking areas from time to time. However, staff has concerns with allowing the required parking to shift from one part of the yard to another, without being reviewed for compliance with the dimensional standards established in the UDC. For these reasons, staff recommends denial of the aoolicant's request for alternative landscaping adjacent to the perimeter vehicle use areas and storage areas on the south side of the site, and of the requirement to construct landscaoe planters on the end of parking rows. Site Plan. Floor Plan, and Elevations: After initial review of the site plan, floor plan, and elevations submitted with the CUP application, as well as visiting the existing Sunbelt Equipment Rental business at 1953 E. Commercial Street, staff felt that that the proposed use did not belong on Franklin Road. After sitting down with the applicant again and reviewing the business on the new site, staff believes that the use can fit in with the existing uses. Although Sunbelt does currently tend to rent equipment to larger contractors and not the general public, staff has been told that Sunbelt is modifying their operating philosophy and wants to expand into the general public (retail) sector. This site is between a city park, an arterial roadway, retail commercial businesses, flex businesses, and offices. As part ofthe daily operations, accessory to the rental business, the applicant is proposing to construct fueling stations to dispense fuel for their equipment. The fumes and odors which will be emitted from the fueling stations may be disturbing to the neighborhood. Another accessory use to the business is the repair and maintenance of the equipment. Using compressors, sharpening of metal, welding, etc. would be occurring on this Sunbelt Equipment Rental CUP-06-002 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 16, 2006 site, if allowed. Due to the location of this use. staff recommends that all maintenance of rental equipment and fleet equipment be done inside the proposed building, and not outside. Staff still has some concerns with some of the accessory uses on this site such as fueling pads out in the storage areas, and a two-level dock. These types of uses are usually associated with industrial, not commercial uses. Therefore. staff recommends that the Commission determine if fueling pads, docks. or anv other use on this site is not appropriate for this area. The exterior of the proposed building is primarily composed of metal siding, brick and stucco. The east and west elevations are dominated by overhead doors, and the south elevation has no windows, doors, or other openings (other than an air intake louver.) Staff originally had concerns with this building as all four sides of the building would have been visible from public areas. Although the south elevation will be visible from the city park, staff believes that it will be substantially screened from view by fencing. Miscellaneous: Traffic: As mentioned above, Sunbelt uses large trucks to transport the industrial-grade equipment it rents out. Staff does not believe that it is a good idea to allow the fleet of flat-bed trucks to continuously turn into and out of this site using driveways on Franklin Road. Therefore, staff recommends that all fleet trucks used in the transport of equipment be required to use Scenery Lane. and not Franklin Road. Further, staff believes that all the fleet trucks should be parked within the storage yard area only. not on Scenery Lane or anywhere else. Fencing: The applicant is proposing to install slats within a chain-link fence along the south, east and west property lines. The applicant is proposing to construct an 8-foot tall block wall along the north and portions south, east and west boundaries of the outdoor storage area. Staff realizes that security of the storage yard is important. However, staff believes that chain-link fencing with slats does not provide a good screen for outdoor storage areas. Specifically, staff does not believe that chain link fence with slats are appropriate for screening of a storage yard next to a city park. Therefore, staff recommends that an 8-foot tall block wall be constructed along the entire western boundary of the site. Screening: The existing Sunbelt business off of Commercial Avenue has booms that extend several tens of feet into the air. Because this site is in a highly visible area. staff recommends that all equipment be fully screened trom view. Gravel Area: The applicant is showing a 30' by roughly 125' gravel area on the southwest side of this parcel. It is staff's understanding that the heavier equipment and trucks will be stored in this area to avoid sinking into the asphalt on wann summer days. The UDC requires all vehicle use areas to be improved with an impervious surface. Staff recommends that the Commission allow the applicant to construct approximately 4,500 square feet of gravel storage area, provided this area is annually treated with some type of dust-abatement material. Gates: The applicant is proposing to gate all of the entrances into the storage area. Staff is supportive of this request, as Scenery Lane is a dead~end cul-de-sac and there is adequate stacking for vehicles that use the northern entrances to the storage yard. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 11-5B-IA), To ensure that all of the conditions of approval listed in Exhibit B are complied with, the applicant should be required to obtain a CZC permit and occupancy from the Planning Department. Sunbelt Equipment Rental CUP-06-002 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 16,2006 b. Staff Recommendation: Staff recommends apProval of CuP.06-002 for Sunbelt Equipment Rental as presented in the Staff Report for the hearinl! date of March 16,2006. 11. EXHmITS A. Drawings 1. Date of CuP Site Plan: February 20, 2006 2, Date of Landscape Plan: February 20, 2006 3. Date of Building Elevations and Floor Plan: January 3,2006 B. Agency/Department Comments and Conditions 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Ada County Highway District (ACHD) 6. Meridian Parks Department 7. Sanitary Services Company C, Required Findings from Unified Development Code Sunbelt Equipment Rental CUP-06-002 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 16,2006 A. Drawings L CUP Site Plan (dated: February 20,2006) ..",..., "." "'" ."... '.'" """ -'.. "., -".,.,,= "","'-'~'-""" .. .. '<I "I'¡'i'~UI ""~'<'? "'.,,~- .. ~,=;m .",..--.-, I , .. -- -.- "'--- 11~, ! -"--""'-'lj;"~-"~--"~-I!:---="-~I '\ 't'-',,~ , I '. t-- -----,,- --_H_- "----t ",/r : ,'Þ. , .. ," rll 11 ""'--j' 'I ' -+"'----"-':;-i;--.__1~,.,,,,'.t\' ¡ ~ I ,I , '. ¡,^, \', ":\ ' ¡>.i¡- ]"" ¡Î, I,,'._H_"...,.~,,¡'-. ~',<\-,\ ",;~:1':~;!!! '-':;':t;--" ", ,,":,\,-«.'1- I ; ¡t't, ii. :' ~;! ",:" !; " ,1, T" .. I, i', ¡"~L'~_¡\,"",""--:-r- '~1 ~I! ' m ~i!i'.,',",.II:': . ...!." I II - ! )g 11,1' }: i 'r .. .. -71' ~ I 1 ,;1 .~ III l' JLl[. -'n, ,; ,I rJ : ¡ , J~ t ...... r"-""!' ,,__,c...L , '1; ;;1 '---.. 'ì----L- .-: i '¡ ~ :;!' ({-- \. ì :~,-_: .'J~.~!_~~..L L ¡: i.. I .I¡'" ",I I Ii '! ¡ ' ~ ~~n ¡i!!' ' ¡ì! \ 'J' ~ "¡hi¡ 'Ii; j i ¡ill: ::' , "' III" !I!' . ,i ' :! ~; ~ ~ " i¡!ji:i!illiil "It í ¡ (:;¡.'Hm, ~ '.... ¡ ;11 ili Ii r ¡ ¡ ~ ,¡, lil 'i ~ J; i ¡..~ :,' ~ ~!11:! \¡ ~!¡; ¡ .. , ¡¡;:"!, ~~i :!' i : I' ; .! ; ¡¡ ;j¡f¡ i ( I,: ¡ , ¡ I,',' ;' I t~m~" --_u- ---- -- -_J~~,-.---;--::,t ! ,I i Ii Ii i ¡'I d, IÞ'i¡1 . 1:; :: \ i ¡-~-~ .. "-~=-;._"-----------,- Exhibit A Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 16,2006 2. Landscape Plan (Dated February 20, 2006) ""'--"--~-'-- ~ ~ O! ØPI 'tm p!ww IBloeM lueWå!ob3tlequns I ! ~.:;}: "',,' ,.,., ~ ¡IiI J 1¡¡1i H ~ i.! Q " ¡i!'. III I .. [ II !. ! ' f31 iLl' d, Ifif .. .. ,- ..., . '-------' ,--------- -- , '1 ~,I l!¡; I' 1 . ! III h ~' ~! :1 ,t a I. " II ¡ to I' tll .. II II 8J' II i "" , r- II I~ -i t... .. (~ , I It: ' f' I, " ' "-.-.'......."'-- .... '..- , . Exhibit A Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 16,2006 3. Building Elevations and Floor Plan (dated: January 3,2006) .! J:~ ,~,~_'_I ".,,' 'i~~:~~;:'~~-'-- - ~~~~~ If ' ... '/"'1./ ~~:";;:~~;;?V-"!:;;¡r--:I 1:~~1= 'I"~ .1! j :}: -- '" --;1 I,ii 1 ,....",.,..- ..."" - ':~'.""'~--_."""""-""""M_'~_"_"""-"~""""M"" ..,~, '---==', "'-=c, '----=c, "'"==, ""',e_=c-' "'--==" ---=0..-"", '--- ,-", -", ",',' 'I !r I I " ":"'~- ! r~', I' If,r~ II! ~ ' If ';.,; 1# I I:,;,ç' ---.J ' ,I t""l. ~ r ' --. J "["" ¡ ,~ ,¡ ~-; ¡; I '[I"ill ~I "1'~~'" L~ Il"l II~ I [If It' ~ ¡ ",ji!~~t~¡~I~'~' ~.- ,II I I, ¡, I' .. "I¡~~~ , -. ';1; I r Il~ ,1 I ' \.,"~ ,-~-.: , : L_,_- lþ:1 I II I "'" 1,,__- Exhibit A Page 3 I ~ I , , .! I) R ,I ":,:,-~,,,~, " I , -~c WlJR ' '.., , mrnl ::---- ,~ ¡ ~ llil.lII Ê JIm! : . mIll! 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Exhibit A Page 4 1.7 1.8 1.9 1.10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 16,2006 B. AgencylDepartment Comments and Conditions 1. PLANNING DEPARTMENT 1.1 The Site Plan labeled as SP-1, prepared by Larson Architects, dated February 20,2006 is approved, with the conditions listed herein. 1.2 Per UDC ll-3B-8Cl, construct a 5-foot wide landscape strip adjacent to all !!!!.!!!! vehicle use areas. Per UDC ll-3B-8C2c, interior landscaping shall be use to delineate and guide major traffic movement within the parking area so as to prevent cross-space driving; provide landscape planter islands on both ends of the parking aisle shown in the northwest portion of this site (the applicant shall not be required to construct a planter to break-up the 19 stalls in a row). All Sunbelt fleet trucks used in the transport of equipment shall be required to use Scenery Lane, and not Franklin Road for ingress/egress to this property. Further, all fleet trucks shall be parked within the storage yard area only, not on Scenery Lane or anywhere else. Construct an 8-foot tall block wall along the entire north and west sides of the property. Construct fencing along the south and east side of the site as proposed, a combination of chain-link with slats and block wall. All equipment, including but not limited to booms and all other storage equipment, shall be fully screened from view, and shall not exceed &10-feet in height. Maintenance of the rental equipment and of the fleet vehicles shall be done within the proposed building. Maintenance includes, but is not limited to any welding, engine work, changing of fluids, using air compressors, sharpening of metal, welding, etc, The applicant may construct approximately 4,500 square feet of gravel storage area for parking the heavier equipment, provided this area is annually treated with some type of dust-abatement material. 1.3 1.4 1.5 1.6 The landscape plan prepared by The Land Group, Inc., on February 20, 2006, labeled Ll.O is approved with the following modifications/notes: . Remove the gravel area shown on the southeast side of the plan, it is not approved. . Provide a landscape buffer along Franklin Road that is at least 25-feet wide, exclusive of right-of-way (UDC 11-3B- 7C1). . Provide 5-foot wide landscape strips adjacent to all vehicle use areas (UDC 11-3B- 8Cla). . Provide landscape planters on the ends of the parking rows (UDC ll-3B-8C2c). . A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to occupancy of the building. All standards of installation shall apply as listed in UDC ll-3B-14. . For alternative compliance. plant materials on park site to the west. are acceptable. Submit a landscape plan, reflecting the changes/notes mentioned above, with the Certificate of Zoning Compliance application. The building elevations prepared by Larson Architects, dated 1-3-06 are approved. To ensure that all of the conditions of approval for CUP-06-002 are complied with, the applicant shall be required to obtain a Certificate of Zoning Compliance (ClC) pennit, and occupancy, from the Planning Department prior to operation. Exhibit B Page 1 2.4 2.5 2.6 2.7 2.8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 16,2006 1.11 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 fonn 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. No signs are approved with this CUP application. All business signs require a separate sign pennit in compliance with the sign ordinance. The applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above. If the business has not begun within 18 months of approval, a new conditional use pemùt must be obtained prior to operation. 2. PUBLIC WORKS DEPARTMENT 1.12 1.13 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Franklin Road, The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard fonns of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in confonnance of City of Meridian Public Works Departments Standard Specifications. Water service to this site is being proposed via extension of mains in E. Franklin Road. The applicant shall be responsible to install all water mains necessary to serve this development, coordinate main size and routing with Public Works. The applicant may be required to loop the water system to achieve any necessary fire flow requirements. 2.2 2.3 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stonn water treatment and disposal shall be designed in accordance with Department of Envirorunental Quality 1997 publication Catalog of Stonn Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow fujection Wells. The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall be dedicated as a separate document using the City of Meridian's standard fonns. Submit an executed easement (supplied by Public Works), a legal description, which must include the area ofthe easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. It shall be the responsibility of the applicant to ensure that all development features comply with Exhibit B Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 16,2006 the Americans with Disabilities Act and the Fair Housing Act. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Anny Corps of Engineers. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 3. FIRE DEPARTMENT 2.9 2.10 2.11 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' 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 specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above fmish grade. g. Fire hydrants shall be provided to meet the requirements ofthe!FC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All entrance and internal roads and driveways shall have a turning radius of28' inside and 48' outside radius. 3.4 Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D1O3,6 Signs. 3.5 Operational fife hydrants, temporary or pennanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.6 Commercial and office occupancies will require a fire.tlow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.7 This use will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.8 Maintain a separation of5' from the building to the dumpster enclosure. 3.9 Provide a Knox box entry system for the complex prior to occupancy. 3.10 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.11 Provide exterior egress lighting as required by the International Building & Fire Codes, Exhibit B Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF MARCH 16,2006 3.12 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3,1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.13 This project will be required to provide a 20' wide swing or rolling emergency access gate on all gates. The gates shall be equipped with a Knox box Padlock which has to be ordered thru the Meridian Fire Department. 3.14 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 4. POLICE DEPARTMENT 4.1 The Police Department has concerns with the proposed 8-foot tall block wall. 5. ADA COUNTY HIGHWAY DISTRICT 5.1 It has been detennined that the Right-of-Way and Development Services Department does not have any site specific requirements for you at this time due to the fact that all improvements are lll. 6. MERIDIAN PARKS DEPARTMENT 6.1 The Parks Department requests that the full-required landscape buffer to the park be provided; no variances should be flranted. 7. SANITARY SERVICES COMPANY 7.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. Exhibit B Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 16, 2006 C. Required Findings from Unified Development Code CUP Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. This site is 2.49acres in size. Commission fmds that the subject property is large enough to accommodate the required yards (setbacks), parking, landscaping and other features required by the ordinance However, the applicant is proposing to modify the standard landscaping requirements adjacent to the vehicle use areas and adjacent to parking areas for this business. Parking stalls are required at the ratio of one space per 500 square feet of gross floor area in commercial districts (UDC 11-3C.6). Per this requirement, 24 stalls are required. There are 24 parking stalls proposed on this site. The Commission finds that this site is large enough to accommodate the proposed use. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds that the designated Comprehensive Designation for this property is Commercial. The property has an existing commercial zoning designation (C-G) which is consistent with the Comprehensive Plan for this area. The proposed use, however, has both commercial and industrial components. Commission finds that the proposed use could be hannonious with the Comprehensive Plan and the Unified Development Code. if all of the conditions of approval in Exhibit B of the Staff Report are complied with (see Sections 8, 9 and 10, of the Staff Report for more infonnation.) - 3. 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 Commission finds that the design, operation and maintenance of an equipment rental, sales, and service business should be generally compatible with the other existing and anticipated uses in this area. Commission finds that ifthis use is approved on this site, it should not adversely change the essential character of the area (see Sections 8 and 10 of the Staff Report for more infonnation. ) 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that if the applicant complies with the Conditions in Exhibit B, the proposed business should not adversely affect any other properties in the area. The Meridian Parks Department has provided comments stating that they would like to see the full-required landscape buffer provided against the park site, they do not support the alternative compliance request. Additionally, staff has talked with one of the representatives of the Capital Educators Credit Union. This person primarily had concerns over parked trucks on Scenery Lane, proposed screening of the site, and the ability of Scenery Lane to handle large trucks. The Commission has incorporated conditions to address these provisions into Exhibit B of the Staff Report. The Commission should rely upon any public testimony provided to detennine if the development will adversely affect the other property in the vicinity. Exhibit C Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 16,2006 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently available to the subject property. Please refer to any comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation and ACHD. Based on comments from other agencies and departments, Commission finds that the proposed use will be served adequately by all of the public facilities and services listed above. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the applicant will be financing any improvements required for development. Commission finds there will not be excessive additional requirements at public cost. 7. 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 the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. This is the hardest finding to make. This site is between a city park, an arterial roadway, retail commercial businesses, flex businesses, and offices. As part ofthe daily operations, Sunbelt transports large construction equipment on large flat.bed semi trucks. This will have a significant impact on noise and traffic in this area. For this reason, the Commission is requiring that the large truck traffic use Scenery Lane and not Franklin Road for access. Further, accessory to the rental business, the applicant is proposing to construct fueling stations to dispense fuel for their equipment. The fumes and odors which will be emitted from the fueling stations may be disturbing to the neighborhood. Another accessory use to the business is the repair and maintenance of the equipment. Compressors, sharpening of metal, welding, etc. will be occurring on this site. To mitigate these uses, the Commission is requiring that all repair and maintenance operations Occur within the proposed building and not outside. The Commission recognizes that traffic and noise will increase with the approval of this use in this location; however, Commission does not believe that the amount generated will be detrimental to the general welfare of the public. Staff does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. Commission finds that the proposed uses will not be detrimental to people, property or the general welfare of the area, if all of the Conditions in Exhibit B are complied with. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to he of major importance. The Commission finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. Exhibit C Page 2