Loading...
Gryo Shack at Fairview Lakes CUP H-2016-0012CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0012 Page 1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Conditional Use Permit for a Drive-Through Establishment within Three Hundred Feet (300’) of a Residential District and Residence for the Gyro Shack at Fairview Lakes, Located at 1050 E. Fairview Avenue in the C-G Zoning District, by Fairview Lakes, LLC. Case No(s). H-2016-0012 For the Planning & Zoning Commission Hearing Date of: April 7, 2016 (Findings on April 21, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 7, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 7, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 7, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 7, 2016, 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 April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 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 Chairman of the Commission and City Clerk and then a copy served by the Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0012 Page 2 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 April 7, 2016, 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 request for conditional use permit is hereby approved in accord with the conditions of approval in the staff report for the hearing date of April 7, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City in accord with UDC 11-5B-6F.1. 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 signed by the City Engineer within this two (2) year period in accord with UDC 11-5B-6F.2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.F.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years 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-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. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board 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 April 7, 2016 EXHIBIT A Gyro Shack at Fairview Lakes – CUP H-2016-0012 PAGE 1 STAFF REPORT Hearing Date: April 7, 2016 (Continued from: March 3, 2016) TO: Planning & Zoning Commission FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: Gyro Shack at Fairview Lakes – CUP (H-2016-0012) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Fairview Lakes, LLC, has applied for a conditional use permit for a drive-through establishment within 300 feet of a residential district and residence on 0.35 of an acre of land in the C-G zoning district. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report. The Meridian Planning and Zoning Commission heard this item on April 7, 2016. At the public hearing, the Commission moved to approve the subject CUP request. a. Summary of Commission Public Hearing: i. In favor: Doug Tamura ii. In opposition: None iii. Commenting: None iv. Written testimony: Doug Tamura v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. None c. Key Commission Changes to Staff Recommendation: i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H-2016-0012 as presented in the staff report for the hearing date of April 7, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2016-0012 as presented during the hearing on April 7, 2016, for the following reasons: (You should state specific reasons for denial and what the applicant could do to gain your approval with another application.) Continuance I move to continue File Number H-2016-0012 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) EXHIBIT A Gyro Shack at Fairview Lakes – CUP H-2016-0012 PAGE 2 IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at 1050 E. Fairview Avenue, in the southeast ¼ of Section 6, Township 3 North, Range 1 East B. Owner(s): Doug Tamura 1124 Santa Maria Drive Boise, ID 83712 C. Applicant: Fairview Lakes, LLC 1124 Santa Maria Drive Boise, ID 83712 D. 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: February 15 and 29, 2016 C. Radius notices mailed to properties within 300 feet on: February 5, 2016 D. Applicant posted notice on site by: February 19, 2016 VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of vacant/undeveloped land, zoned C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Restaurant, retail and a daycare center, zoned C-G East: Car rental office, zoned C-G South: Vacant property, zoned C2 in Ada County; and commercial property, zoned C-G West: Restaurant, zoned C-G C. History of Previous Actions:  In 2002, this property received the following approvals as part of the larger Fairview Lakes development: annexation and zoning (AZ-02-011) with a development agreement (DA) (Inst. 102143306); preliminary plat (PP-02-034); and conditional use permit (CUP-02-014) for a planned development.  In 2003, a final plat (FP-03-033) was approved which included the subject property as Lot 3, Block 3, Devon Park Subdivision No. 1. A conditional use permit (CUP-03-014) was also approved to revise the conceptual and detailed planned development approved with CUP-02- 014. Later, another conditional use permit (CUP-03-054) was approved that modified the original approvals regarding lot configuration and structure size to be consistent with Devon Park No. 1 (FP-03-033).  In 2004, a detailed conditional use permit (CUP-04-049) was approved for Fairview Lakes EXHIBIT A Gyro Shack at Fairview Lakes – CUP H-2016-0012 PAGE 3 Phase II of the commercial development along E. Fairview Avenue.  In 2006, a conditional use permit (CUP-06-032) was approved to modify the previously approved concept plan for Lots 3 and 4, Block 3, Devon Park Subdivision No. 1. D. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer mains to provide service to this project currently exist. b. Location of water: Water mains to provide service to this project currently exist. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Flume Canal runs across the northeast corner of this site and has been piped. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: This site is not within the flood plain. VII. COMPREHENSIVE PLAN This property is designated Mixed Use - Community (MU-C) on the Comprehensive Plan Future Land Use Map (FLUM). The purpose of MU-C designated areas is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. All developments should have a mix of at least three land use types. Residential uses should comprise a minimum of 20% of the development area at densities ranging from 6 to 15 dwelling units per acre (d.u./acre). Non-residential buildings should be proportional to and blend in with adjacent residential buildings. See Comprehensive Plan for more information (pages 27-28). The proposed restaurant with a drive-through is a compatible use in MU-C designated areas. Further, the proposed use will provide a convenient fast food option for nearby residents and employees as well as passersby and will contribute to the variety of residential and commercial uses in this area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics):  “Require all commercial and industrial businesses to install and maintain landscaping.” (2.01.03B) There is an existing landscaped street buffer on this site along E. Fairview Avenue that was installed with the development of the subdivision in accord with UDC Table 11-2C-3. Additional parking lot landscaping will be required with the development of this sit e in accord with the standards set forth in UDC 11-3B-8C.  “Locate industrial and commercial uses where adequate water supply and water pressure are available for fire protection.” (3.04.02A) There is adequate water supply and pressure available to the site for fire protection.  “Plan for and encourage services like health care, daycare, grocery stores and recreational areas to be built within walking distance of residential dwellings.” (2.01.01C) The proposed drive-through restaurant will be located within walking distance of nearby EXHIBIT A Gyro Shack at Fairview Lakes – CUP H-2016-0012 PAGE 4 residents as well as employees and patrons of the surrounding commercial development.  “Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage/backage roads.” (3.03.02O) Direct lot access is not proposed or allowed via E. Fairview Avenue. A cross-access easement exists between lots in this development and access points via Fairview are already established for the Fairview Lakes development.  “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” Planter islands are proposed in the parking area and are required to be landscaped in accord with the standards listed in UDC 11-3B-8C.  “Minimize noise, odor, air pollution, and visual pollution in industrial and commercial development adjacent to residential areas.” (3.06.01B) The drive-through is proposed approximately 250 feet from the nearest residential property. Therefore, noise, odor and air pollution from the proposed use should have a minimal impact if any on nearby residences.  “Plan for a variety of commercial and retail opportunities within the Area of City Impact.” (3.05.01J) The proposed restaurant with a drive-through will contribute to the variety of services available in this area of the City. For the above-stated reasons, staff believes the proposed use is consistent with the applicable comprehensive plan policies and is appropriate in this location. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone(s): The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) 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. B. Schedule of Use: Unified Development Code (UDC) 11-2B-2 lists the permitted, accessory, conditional, and prohibited uses in the C-G zoning district. A restaurant is a principal permitted use in the C-G zoning district; a drive-thru establishment requires conditional use permit approval when located within 300 feet of a residence, residential use, or another drive-thru establishment. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district apply to development of this site. D. Structure and Site Design Standards: Development is required to comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: CONDITIONAL USE PERMIT (CUP): The applicant requests conditional use permit approval of a drive-through establishment for the Gyro Shack restaurant within 300 feet of a residential district and existing residence in the C-G zoning district as required by UDC Table 11-2B-2 and 11-4-3-11. The EXHIBIT A Gyro Shack at Fairview Lakes – CUP H-2016-0012 PAGE 5 proposed restaurant consists of 400 square feet (s.f.) and will have outdoor patio seating. The previously approved site plan for this site (CUP-06-032) depicts generally the same layout as the proposed plan but does not incorporate a structure. Because the square footage of the structure built on the lot to the east (Enterprise Rent-a-Car) was below the anticipated 2,275 s.f. shown on the previous site plan by 375 s.f., staff finds the proposed site plan in substantial conformance with the previous plan. Specific Use Standards: Drive-through Establishment: Per UDC 11-4-3-11, the following specific use standards apply to the proposed drive-through use as follows:  All establishments providing drive-through service shall identify the stacking lane, speaker location, and window location on the plans submitted with the Certificate of Zoning Compliance (CZC) application. These items are not clearly depicted on the site plan; the site plan submitted with the CZC application shall identify these items.  A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties. At a minimum, the plan shall demonstrate compliance with the following standards:  Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of- way by patrons. The site plan appears to demonstrate sufficient area for stacking that won’t obstruct the public right-of-way or any interior drive aisles.  The stacking lane shall be a separate lane from the circulation lanes needed for access and parking. The stacking lanes are separated from the circulation lanes needed for access and parking.  The stacking lane shall not be located within ten feet (10’) of any residential district or existing residence. The site plan demonstrates compliance with this standard (the nearest residence is approximately 250 feet away to the northeast).  Any stacking lane greater than one hundred feet (100’) in length shall provide for an escape lane. The stacking lane is less than 100 feet in length; therefore, a stacking lane is not required  The site should be designed so that the drive-through is visible from a public street for surveillance purposes. The drive-through is not visible from E. Fairview Avenue but is visible from the driveway via Fairview that is located along the west boundary of the site. The Police Department has indicated that this provides sufficient visibility of the drive- through.  The applicant shall provide a 6-foot sight obscuring fence where a stacking lane or window location adjoins a residential district or an existing residence. The nearest residence is approximately 250 feet away, therefore this standard is not applicable. Parking: The UDC requires off-street vehicle parking to be provided on the site in accord with the standards listed in 11-3C-6B for development in commercial districts. One space is required for every 500 square feet of gross floor area. Therefore, based on 400 square feet, a minimum of one vehicle parking space is required. A total of 6 spaces are proposed in accord with this standard. One bicycle parking space is required to be provided for every 25 proposed vehicle spaces or portion thereof per UDC 11-3C-6G. Therefore, based on 6 vehicle spaces, a minimum of one bicycle parking space should be provided. Bicycle parking should be depicted on the site plan submitted with the Certificate of Zoning Compliance in accord with the standards listed in UDC 11-3C-5C. EXHIBIT A Gyro Shack at Fairview Lakes – CUP H-2016-0012 PAGE 6 If ADA standards require a handi-cap stall, one should be provided; none are shown on the site plan. Landscaping: Street buffer landscaping already exists on this site along E. Fairview Avenue as required by UDC Table 11-2B-3 in accord with the standards listed in UDC 11-3B-7C. Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B- 8C. Planter islands and perimeter buffers shall include vegetation that results in 70% coverage at maturity per UDC 11-3B-5N and shall be a minimum of 5 feet in any dimension, measured inside curbs. Pathway: A multi-use pathway is not depicted on the Pathways Master Plan for this site. A 5-foot wide detached sidewalk exists along E. Fairview Avenue in accord with UDC 11-3A-17 that was installed with the subdivision improvements. A minimum 5-foot wide pedestrian walkway should be provided from the perimeter sidewalk along E. Fairview Avenue to the main building entrance (or patio area) in accord with UDC 11-3A-19A.4; a 4-foot wide walkway is shown on the site plan. The cross-way depicted on the site plan across the driveway for the drive-through should also be widened to 5 feet. Access: Access exists from a driveway via E. Fairview Avenue located along the west boundary of the site; direct access is not allowed to Fairview Avenue. Fencing: No fencing exists or is proposed on this site. Lighting: All lighting on the site shall comply with the standards listed in UDC 11-3A-11. Building Elevations: Conceptual building elevations were submitted for the proposed restaurant, included in Exhibit A.4. The structure is proposed to be a single story in height; building materials are not depicted on the plans. Detailed review of the structure will take place with the Certificate of Zoning Compliance and Design Review application; the proposed elevations are not approved with this application. Design Review (DES): An Administrative Design Review application is required to be submitted for approval of the proposed structure per UDC 11-5B-8. Development is required to comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted to ensure that all construction and the establishment of the new use complies with all of the provisions of the UDC. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Previously Approved Conceptual Site Plan 3. Proposed Site/Landscape Plan (REVISED) 4. Proposed Building Elevations B. Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department EXHIBIT A Gyro Shack at Fairview Lakes – CUP H-2016-0012 PAGE 7 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department C. Required Findings from Unified Development Code EXHIBIT A Gyro Shack at Fairview Lakes – CUP H-2016-0012 PAGE 8 Exhibit A.1: Vicinity/Zoning Map EXHIBIT A Gyro Shack at Fairview Lakes – CUP H-2016-0012 PAGE 9 Exhibit A.2: Previously Approved Conceptual Site Plan EXHIBIT A Gyro Shack at Fairview Lakes – CUP H-2016-0012 PAGE 10 Exhibit A.3: Proposed Site/Landscape Plan (REVISED) EXHIBIT A Gyro Shack at Fairview Lakes – CUP H-2016-0012 PAGE 11 Exhibit A.4: Proposed Building Elevations EXHIBIT A Gyro Shack at Fairview Lakes – CUP H-2016-0012 PAGE 12 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 Development of this site shall be consistent with the provisions of the development agreement (Instrument No. 102143306 & 103097614) and all previous conditions of approval as applicable. 1.2 The site/landscape plan shall be revised as follows: a. Identify the stacking lane, speaker location, and window location on the plans. b. Provide a minimum of one bicycle parking space on the site in accord with the standards listed in UDC 11-3C-5C. c. All required landscape areas shall be at least 70% covered with vegetation at maturity, with mulch used under and around the plants per UDC 11-3B-5N; depict vegetation on plan accordingly. d. Depict a minimum 5-foot wide pedestrian walkway from the perimeter sidewalk along E. Fairview Avenue to the main building entrance (or patio area) in accord with UDC 11-3A-19A.4. Also, widen the walkway across the drive-through driveway to 5 feet. e. If ADA standards require a handi-cap stall, one should be provided. 1.3 All outdoor equipment areas shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are ful ly contained and out of view from adjacent properties and public streets per UDC 11-3A-12. 1.4 All lighting on the site shall comply with the standards listed in UDC 11-3A-11. 1.5 The applicant shall submit a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to application for building permits, in accord with UDC 11-5B-1. 1.6 The applicant shall submit an application for Administrative Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building design is required to comply with the standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. 2. PUBLIC WORKS DEPARTMENT 2.1 Applicant shall be responsible to install sanitary sewer and water services to the proposed use. 3. FIRE DEPARTMENT 3.1 The Fire Department has no concerns with this application. 4. POLICE DEPARTMENT 4.1 The Police Department has no comments related to this application. 5. REPUBLIC SERVICES 5.1 Obtain approval from Republic Services for trash enclosure prior to submittal of Certificate of Zoning Compliance application. 6. ADA COUNTY HIGHWAY DISTRICT ACHD has reviewed the submitted application and has determined that there are no improvements EXHIBIT A Gyro Shack at Fairview Lakes – CUP H-2016-0012 PAGE 13 required to the adjacent street. The applicant shall be required to: 1. Pay a traffic impact fee. A traffic impact fee will be due prior to the issuance of a building permit by the lead agency. 2. Comply with all ACHD Policies and ACHD Standard Conditions of Approval for any improvements or work in the right-of-way. 3. Obtain a permit for any work in the right-of-way prior to the construction, repair, or installation of any roadway improvements ( curb, gutter, sidewalk, pavement widening, driveways, culverts, etc.). 7. PARKS DEPARTMENT 7.1 The Parks Department had no comments on this application. EXHIBIT A Gyro Shack at Fairview Lakes – CUP H-2016-0012 PAGE 14 C. Required Findings from Unified Development Code 1. Conditional Use Permit (UDC 11-5B-6E) The Commission shall base its determination on the Conditional Use Permit request upon the following: a. 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. Staff finds that the subject property is large enough to accommodate the proposed restaurant with a drive-through and comply with the dimensional & development regulations of the C-G zoning district (see Analysis Section IX for more information). b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Staff finds that the proposed use of the property will be harmonious with the UDC and Comprehensive Plan. 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. Staff finds that if the applicant complies with the conditions outlined in this report, the proposed drive-through establishment should be compatible with residential and commercial uses in the area and should not adversely change the character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Staff finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. e. 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. Staff finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently available to the subject property. Staff finds that the proposed use will be served adequately by all of the public facilities and services listed above. f. 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. The applicant will be financing any improvements required for development. Staff finds there will not be excessive additional requirements at public cost and nor will they be detrimental to the community’s economic welfare. 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 the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Staff finds the proposed use of the site as a restaurant with a drive-through establishment will not be detrimental to any persons, property or the general welfare of the area. EXHIBIT A Gyro Shack at Fairview Lakes – CUP H-2016-0012 PAGE 8 h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff finds that there should not be any health, safety or environmental problems associated with the proposed use. Further, staff finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance.