HomeMy WebLinkAboutPitter Patter Club CUP-09-004j~ECEiVED
MAY 13 2009
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
CITY OF Cif' ,rnrv
ITY CLERKS OFFICE
E IDIAN~--
IDAHO
In the Matter of Conditional Use Permit for a Daycare Center for 12-20 Children in an R-4
Zoning District, by Pitter Patter Club.
Case No(s). CUP-09-004
For the Planning and Zoning Commission Hearing Date of: May 7, 2009 (Findings on May
21, 2009)
A. Findings of Fact
Hearing Facts (see attached Staff Report for the hearing date of May 7, 2009,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of May 7, 2009,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 7,
2009, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of May 7, 2009, 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-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-09-004
Page 1
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 Chairman of the Commission 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 Conditions of Approval in the attached Staff Report
for the hearing date of May 7, 2009, 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-SA and based upon the above and foregoing Findings of Fact which are herein
adopted, it is hereby ordered that:
1. The applicant's Conditional User Permit as evidenced by having submitted the Site
Plan attached in Exhibit A.2 of the staff report dated May ~, 2009, 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 May 7, 2009, incorporated by reference.
D. Notice of Applicable Time Limits
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. Upon written request and filed by the applicant prior to
the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a
single extension of the time to commence the use not to exceed one (1) eighteen (18)
month period. Additional 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
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-
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-09-004
Page 2
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. Attached: Staff Report for the hearing date of May 7, 2009.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-09-004
Page 3
B action of the Planning & Zoning Commission at its regular meeting held on the
Y
day of , 2009.
COMMISSIONER DAVID MOE VOTED
(Chair)
COMMISSIONER MICHAEL ROHM VOTED
COMMISSIONER WENDY NEWTON-HUCKABAY VOTED
COMMISSIONER TOM O'BRIEN VOTED ~-'
COMMISSIONER JOE MARSHALL VOTED
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CHAIRMAN D ID MOE
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Green, Deputy
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Copy served upon Applicant, The
Attorney.
Department, Public Works Department and City
By; Dated:
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City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-09-004
Page 4
STAFF REPORT Hearing Date: May 7, 2009
TO: Planning & Zoning Commission E IDIAN~-
FROM: Sonya Wafters, Associate City Planner I D A H O
208-884-5533
SUBJECT: CUP-09-004 -Pitter Patter Club
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Pitter Patter Club, LLC, has applied for Conditional Use Permit (CUP) approval of a
daycare center in an R-4 zoning district. See Section 10 of the staff report for more information.
The proposed center will provide daycare services for 12-20 children between the hours or 7:00 am
and 6:00 pm (may change upon demand but no later than 11 pm) Monday thru Friday.
II. SUMMARY RECOMMENDATION
Staff is recommending approval of the proposed daycare center with the conditions listed in Exhibit
B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report.
The Meridian PlanninE and Zoning Commission heard this item on May 7, 2009. At the public
hearing, they moved to approve CUP-09-004.
a. Summary of Commission Public Hearing:
i. In favor: Juanita Janson
ii. In opposition: Glen Olsen; Callie Eckhart
iii. Commenting: None
iv. Written testimonv in Favor• Jamie, Michael McCabe. Eileen Hitesman, Pamela
Gummerson; Tiffany Able; AnEela & Casey Thompson; Eldon Jones; Betty
Ludwig; Alfred Scales; David Little.
v. Written testimonv in opposition• One petition with 3 signatures -Glen Olsen,
Caley Eckhart; Becky Frich.
vi. Staff presenting application: Sonya Wafters
vii. Other staff commenting on application: Pete Friedman
b. Kev Issues of Discussion by Commission:
i. The impact on neighbors from noise generated from the daycare in comparison
to existinE noise from the nearby elementary school;
ii. Possibility of limiting the number of children in the daycare below the 20
requested to lessen the impact on adiacent neighbors.
c. Kev Commission Changes to Staff Recommendation:
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-09-
004, as presented in the staff report for the hearing date of May 7, 2009 with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny CUP-09-004, as presented
during the hearing on May 7, 2009, for the following reasons: (You should state specific reasons for
denial.)
Pitter Patter Club CUP-09-004 PAGE 1
Continuance
I move to continue File Number CUP-09-004 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
2371 N. Monaco Way
Located in the southeast'/4 of Section 2, Township 3 North, Range 1 West
B. Owner(s):
Juanita Janson
16090 Lonkey Lane
Caldwell, ID 83607
C. Applicant:
Pitter Patter Club, LLC
2371 N. Monaco Way
Meridian, ID 83646
D. Representative:
Same as Applicant
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a conditional use permit. A public hearing is required before the
Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: Apri120, and May 4, 2009
C. Radius notices mailed to properties within 300 feet on: April 17, 2009
D. Applicant posted notice on site by: Apri126, 2009
VI. LAND USE
A. Existing Land Use(s) and Zoning: There is currently asingle-family residence on this site.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is currently
surrounded by single-family residential properties in the Glennfield Manor Subdivision, zoned R-
4.
C. History of Previous Actions: None
D. Utilities:
1. Public Works:
a. Location of sewer: currently served from N Monaco Way.
b. Location of water: currently served from N Monaco Way.
Pitter Patter Club CUP-09-004 PAGE 2
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This property is not within the floodplain or floodway according to FEMA maps.
F. Access: Access to this site is provided from N. Monaco Way.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land
Use Map. This designation allows smaller lots for residential purposes within the city limits. Uses
may include single-family homes at densities of 3 to 8 dwelling units per acre. The current R-4
zoning district complies with the medium density residential designation for this property. The
proposed daycare center is a conditional use in the R-4 zoning district.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
• Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned
for the provision of all public services.
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian currently provides municipal services to the subject
property in the following manner.•
• Sanitary sewer and water service has been extended to the property..
• The lands are serviced by the Meridian Fire Department (MFD).
• The lands are 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.
Municipal, fee-supported, services will be provided 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.
Patter Patter Club CUP-09-004 PAGE 3
• Chapter IV, Goal I, Objective A (page 26) -Ensure that facilities and services keep up with
growth.
There are only 2 other daycares (family daycares, approved for 6 or fewer children) within '/
mile of the subject property. Staff believes that the proposed daycare will provide a much needed
service within this neighborhood and general vicinity, and will be easily accessible by residents
of the subdivision.
• Chapter VII, Goal N (page 112) -Encourage compatible uses to minimize conflicts and
maximize use of land.
Staff believes the proposed daycare facility is a compatible use with existing surrounding
residential uses as it provides a needed service to the neighborhood and should have a low
impact on residential neighbors. Further, the hours of operation should be compatible with
existing residential uses.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of
housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City
of Meridian water and sewer systems is a requirement for all residential districts. Residential
districts are distinguished by the allowable density of dwelling units per acre and corresponding
housing types that can be accommodated within the density range.
B. Schedule of Use: Unified Development Code (UDC) 11-2A-2 lists the permitted, accessory, and
conditional uses in the R-4 zoning district. The proposed daycare center is listed as a conditional
use in the R-4 zoning district. There are specific use standards for daycare facilities listed in UDC
11-4-3-9.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-5 for the
proposed R-4 zoning district apply to this site.
D. Landscaping Standards (UDC 11-3B): Landscaping is not required with this application.
1. Width of street buffer(s): NA
2. Width of buffer(s) between land uses: NA
3. Percentage of site as open space: NA
4. Tree Preservation: NA
E. Off-Street Parking: UDC 11-3C-6B requires one off-street vehicle parking space for every 500
square feet of gross floor area in residential districts for non-residential uses. The total building
square footage depicted on the site plan is 1,040. Based on this amount, 2 parking stalls would be
required; 2 are proposed in an enclosed garage and 2 spaces are proposed on a parking pad
outside the garage, which complies with this requirement. The applicant states there will be 2
employees; employees should park in the garage to leave the other 2 spaces available for clients.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The Applicant is requesting conditional use approval for a daycare center for 12-20 children.
There is an existing 1,040 square foot home on the property in which the applicant proposes to
conduct the daycare; the applicant is not proposing to reside at the premises.
Fencing: There is an existing 6-foot tall solid wood fence that encloses the rear yard.
Pitter Patter Club CUP-09-004 PAGE 4
Access: Access to the site is provided from N. Monaco Way, a local street.
Parking: The applicant complies with the off-street parking requirements listed in UDC 11-3C-
6B for non-residential uses as outlined above in Section VIII.
Hours of Operation: The proposed hours of operation for the daycare center are from 7 am to 6
pm (may change depending upon demand but not later than 11 pm) Monday thru Friday. The
UDC specific use standards for daycare facilities allow daycares in residential districts to operate
between 6 am and 11 pm. The Commission should rely on testimony presented at the public
hearing to determine if the nearby neighbors have objections to these hours.
X. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Site Plan
B. Conditions of Approval
I. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
Pitter Patter Club CUP-09-004 PAGE 5
Exhibit A.1: Vicinity/Zoning Map
Pitter Patter Club CUP-09-004 PAGE 6
Exhibit A.2: Site Plan
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Pitter Patter Club CUP-09-004 PAGE 7
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B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The site/landscape plan prepared by J. Janson, dated April 14, 2009, is hereby approved with no
changes.
1.2 The applicant shall be allowed to care for a maximum of 20 children per day.
1.3 The applicant shall comply with the specific use standards listed in UDC 11-4-3-9 for daycare
facilities, including but not limited to the following:
a. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within
any required yard.
b. Outdoor play area(s) shall not be used after dusk.
c. All outdoor play areas shall be completely enclosed by minimum 6-foot tall non-scalable
fences to secure against exit/entry by small children and to screen abutting properties.
d. Upon tentative approval of the daycare center facility, the applicant or owner shall provide
proof of criminal background checks and fire inspection certificates as required by Title 39,
Chapter 11, Idaho Code. Said proof shall be provided prior to issuance of Certificate of
Zoning Compliance.
e. Prior to operation of the day care facility, the applicant or owner shall secure and maintain a
Basic Day Care License from the State of Idaho Department of Health and Welfare -Family
and Children's Services Division. Proof of said license shall be provided to the Planning
Department prior to release of occupancy of this building for a daycare use.
£ The hours of operation for this business shall be limited from 6 am to 11 pm.
1.4 Employees shall park in the garage and leave the other 2off-street spaces available for clients.
1.5 To ensure that all of the conditions of approval for CUP-09-004 are complied with, the applicant
shall be required to submit a Certificate of Zoning Compliance application to the Planning
Department for this site.
1.6 The applicant shall contact the building department for code requirements pertaining to the site
changing from a residential use to commercial use. Any permits required for the conversion of the
home to a daycare shall be obtained.
1.7 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 permit must be obtained prior to operation.
1.8 Staff's failure to cite specific ordinance provisions or terms of the approved conditional use does
not relieve the applicant of responsibility for compliance.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no concerns with this application
3. FIRE DEPARTMENT
3.1 All Daycare's must pass an inspection using the criteria of the Idaho State Fire Marshal. If the
applicant has concerns about meeting the State Fire Marshal criteria an inspection will be completed
at a cost of $20. Contact Kenny Bowers at 888-1234 for inspections and requirements.
Pitter Patter Club CUP-09-004 PAGE 8
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. SANITARY SERVICES
5.1 SSC has no comments related to this application.
6. ADA COUNTY HIGHWAY DISTRICT
6.1 If the site plan or use should change in the future, ACHD Planning Review will review the site
plan and may require improvements to the transportation system at that time.
Prior to final approval you will need to submit construction plans to the ACHD Development
Review Department to insure compliance with the conditions identified above or for traffic
impact fee assessment. This is a separate review process that requires direct plans submittal to the
Development Review staff at the Highway District.
6.2 Standard Conditions of Approval
6.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way.
6.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or
right-of--way.
6.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
6.2.4 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.
6.2.5 Comply with the District's Tree Planter Width Interim Policy.
6.2.6 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.
6.2.7 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 of Idaho shall prepare and certify all improvement plans.
6.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes.
6.2.9 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.
6.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed
impact fee will be based on the impact fee ordinance that is in effect at that time.
6.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The
applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic
Pitter Patter Club CUP-09-004 PAGE 9
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
6.2.12 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.
6.2.13 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, plans, 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.
7. PARKS DEPARTMENT
7.1 The Parks Department did not provide comments on this application.
Pitter Patter Club CUP-09-004 PAGE 10
C. Required Findings from Unified Development Code
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.
The proposed use on this site can accommodate and meet all dimensional and development
regulations regarding day care facilities. The Commission finds the site layout meets the
dimensional standards of the R-4 district.
Off-street vehicle parking is required at a ratio of one space per 500 square feet of gross floor area
in residential districts for non-residential uses (UDC 11-3C-6). Per this requirement, 2off-street
parking spaces are required. The applicant is providing 2 spaces in the garage and 2 on the
parking pad outside the garage, which exceeds UDC requirements.
The Commission finds that the subject property is large enough to accommodate the required
yards (setbacks), parking, landscaping and other features required by the ordinance.
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 Comprehensive Designation of medium density residential for this
site is consistent with the current R-4 zoning. Further, the Commission finds the proposed use of
the site is consistent with the Comprehensive Plan in that the daycare use of the property will
provide a much needed service in this area and will contribute to the variety of uses in the City.
The proposed use is generally harmonious with the requirements of the UDC (see Section 10,
Analysis above for more information regarding the requirements for day care facilities in City
Code.)
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 if the applicant complies with the conditions outlined in this report,
the proposed daycare facility should be compatible with other uses in the general neighborhood
and with the existing and intended character of the area.
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 outlined in this report,
the proposed day care will not adversely affect other property in the area.
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 ACRD. Based on comments from other agencies and departments, the Commission finds that
the proposed use will be served adequately by all of the public facilities and services listed above.
Pitter Patter Club CUP-09-004 PAGE 11
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. The
Commission finds there will not be excessive additional requirements at public cost and that the
proposed use will not be detrimental to the community's economic welfare.
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.
The Commission recognizes that traffic and noise will increase with the approval of a daycare
facility in this location; however, the Commission does not believe that the amount generated will
be detrimental to the general welfare of the public. The Commission does not anticipate the
proposed use will create excessive noise, smoke, fumes, glare, or odors. The Commission finds
that the proposed use will not be detrimental to people, property or the general welfare of the
area.
8. 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.
The Commission finds that there should not be any health, safety or environmental problems
associated with the proposed use. 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 A