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Zions Bank H-2018-0077 CUPCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2018-0077 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 Zions Bank Drive-through, Located at 1767 W. Island Green Drive in the C-C Zoning District, by Matt Huffield. Case No(s). H-2018-0077 For the Planning & Zoning Commission Hearing Date of: August 16, 2018 (Findings on September 6, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 16, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 16, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 16, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 16, 2018, 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 upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2018-0077 Page 2 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of August 16, 2018, 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 August 16, 2018, 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 August 16, 2018 B action of the Planning & Zoning Commission at its regular meeting held on the day of 0AA2 , 2018. COMMISSIONER RHONDA MCCARVEL, CHAIRMAN VOTED COMMISSIONER RYAN FITZGERALD, VICE CHAIRMAN VOTED COMMISSIONER STEVEN YEARSLEY VOTEDL COMMISSIONER GREGORY WILSON VOTED COMMISSIONER LISA HOLLAND VOTED COMMISSIONER WILLIAM CASSINELLI VOTED Q,,e COMMISSIONER JESSICA PERREAULT VOTED 304e da rvel, C an �tEO AUGUS Q� t� Attest: i o,yos P-') Com` E IDDAN C.Jay Cole , ity Clerk o SEAL a� Copy served upon the Applicant, the Planning and Development Services divisions of the Community Development Department, the Public Works Department and the City Attorney. By: Dated: Jerk's O r �- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2018-0077 Page 3 Exhibit A Zions Bank Drive-through – H-2018-0077 PAGE 1 STAFF REPORT HEARING DATE: August 16, 2018 TO: Planning and Zoning Commission FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Zions Bank CUP – H-2018-0077 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Matt Huffield, has applied for a conditional use permit (CUP) for a drive-through establishment within 300 feet of existing residences. See Section VII, VIII & IX for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP application with the conditions of approval in Exhibit B based on the Findings of Fact and Conclusions of Law in Exhibit C. The Meridian Planning and Zoning Commission heard this item on August 16, 2018. At the public hearing, the Commission moved to approve the subject conditional use permit request. a. Summary of Commission Public Hearing: i. In favor: Matt Huffield ii. In opposition: None iii. Commenting: Andrew Lawrence iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issues of Public Testimony: i. Concerns about headlights impacting the residences on the north side of Island Green Drive c. Key Issues of Discussion by Commission: i. Whether the existing landscape buffer on the west side of the property should be brought up to code or left alone. d. Key Commission Changes to Staff Recommendation: i. Modify condition 4-A to read as follows: “The applicant shall submit an alternative compliance request for the landscape buffer on the west boundary of the property to deviate from the five foot requirement and work with staff on that.” III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0077 as presented in the staff report for the hearing date of August 16, 2018, with the following modifications: (Add any proposed modifications.) Exhibit A Zions Bank Drive-through – H-2018-0077 PAGE 2 Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0077 as presented in the staff report for the hearing date of August 16, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2018-0077 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: The site is located 1767 W. Island Green Drive in the SE ¼ of Section 23, Township 4 North, Range 1 West. B. Applicant/Representative: James Huffield, Cole Architects 1008 W. Main Street Boise, Idaho 83702 C. Owner: Chinden and Linder, LLC 2700 W. Airport Way Boise, Idaho 83715 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 and Zoning Commission on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: July 27, 2018 C. Radius notices mailed to properties within 300 feet on: July 20, 2018 D. Applicant posted notice on site by: August 3, 2018 VI. LAND USE A. Existing Land Use(s): The property is vacant commercial property, zoned C-C. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Island Green Drive and residential property zoned RUT (Ada County) 2. East: Vacant commercial property, zoned C-C 3. South: W. Chinden Blvd and commercial property in the Knighthill Center Sub., zoned C-G 4. West: Einstein’s Oilery, zoned C-C C. History of Previous Actions: In 2006, the subject property, a.k.a. Knightsky Estates was granted Annexation and Zoning (AZ-06- 005) approval by City Council with R-4, TN-C, and C-C zoning districts. A Development Agreement Exhibit A Zions Bank Drive-through – H-2018-0077 PAGE 3 (DA) was approved with the annexation (Instrument No. 106122365). A preliminary plat (PP-06-004) was approved concurrently with annexation of the property for 126 residential lots (24 townhouse lots and 102 detached single-family lots), 7 commercial lots, and 26 common/other lots on 55.83 acres of land. Private streets (PS-06-004) were also approved in specific locations within the development. On February 10, 2009, a development agreement modification (MDA-08-008) was approved by City Council that tied both commercial, single family residential and townhomes elevations to the recorded development agreement. The subsequent development agreement was recorded as instrument #109082037. D. Utilities 1. Public Works: a. Location of sewer: A sanitary sewer main intended to provide service to the subject property currently exists in W. Island Green Drive. b. Location of water: Water for this property is provided by Suez. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: No major facilities exist on this property. 2. Hazards: NA 3. Flood Plain: This property is not within the flood plain. VII. COMPREHENSIVE PLAN ANALYSIS This property is designated “Mixed Use Community” on the Comprehensive Plan Future Land Use Map. The purpose of this land use designation is to allocate areas where community-serving uses and dwellings are integrated into the urban fabric. The vacant commercial property is surrounded by a mix of office, retail and residential uses as envisioned in the mixed-use standards of the comprehensive plan. Therefore staff is of the opinion; the site is developing in the context of a mixed- use development consistent with the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): 1. “Require landscape street buffers for new development along all entryway corridors.” (2.01.02E) A 35-foot wide landscape buffer exists adjacent to W. Chinden Blvd. in accord with UDC 11-3B- 7C. 2. “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” (2.01.04B) All parking lot landscaping must comply with the standards listed in UDC 11-3B-8C. 3. “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are readily available to serve the proposed commercial development. 4. “Plan for a variety of commercial and retail opportunities within the Area of City Impact.” (3.05.01J) This area of Meridian is rapidly transitioning with urban development. To accommodate the needs of the residents in the area, the City approved C-C zoning on this property to serve the Exhibit A Zions Bank Drive-through – H-2018-0077 PAGE 4 area. Staff believes additional retail and the drive-through uses will complement the existing residential developments in the area. Based on the above analysis, staff is supportive of the proposed development as it is generally consistent with the comprehensive plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone(s): COMMERCIAL DISTRICTS (C-C) - 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. Six 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: Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the C-G zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3 for the C-G zoning district. D. Landscaping:  Parking lot landscaping: All parking lot landscaping must comply with the standards listed in UDC 11-3B-8C.  Landscape buffers to residential uses must comply with the standards listed in UDC Table 11-2B-3. E. Off-Street Parking: Off-street parking is required in accord with UDC 11-3C-6B for the proposed commercial development. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Conditional Use Permit (CUP): The applicant is proposing to construct a 4,200 square foot financial institution with associated drive-through. All access points were approved with the subdividing of the property. Access to the site is a shared access with the adjacent property. The applicant shall record a cross access agreement in favor of the property to the west. Staff’s analysis of the proposed development includes the internal site improvements and the site circulation of the drive-through. The UDC requires a conditional use permit if the drive-through establishment is within 300 feet of a residential district or another drive-through subject to specific use standards listed below. Specific Use Standards: The proposed use is subject to the specific use standards listed in UDC 11-4-3-11, Drive-Through Establishment. Staff has reviewed these standards and found the site plan to be in compliance with those standards. Site Plan: Staff has reviewed the submitted site plan and requires the necessary revisions prior to the submission of the certificate of zoning compliance (CZC) application. A. A drive-through establishment shall be an accessory use where the drive-through facility (including stacking lanes, speaker and/or order area, pick up windows, and exit lanes) is: 1) Exhibit A Zions Bank Drive-through – H-2018-0077 PAGE 5 not within three hundred feet (300') of another drive-through facility, a residential district, or an existing residence; or 2) separated by an arterial street from any other drive-through facility, residential district or existing residence; or 3) not within the O-T zoning district. Otherwise a conditional use permit is required. The drive-through is required to obtain a CUP because it is within 300 feet of another approved drive-through and within 300 feet of a residential district. B. All establishments providing drive-through service shall identify the stacking lane, menu and speaker location (if applicable), and window location on the certificate of zoning compliance or the conditional use permit. Speakers are prohibited in the O-T zoning district. The site plan shall be revised to call out the speaker location(s), and any window(s) for the drive through. C. 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: 1. Stacking lanes shall have sufficient capacity to prevent obstruction of driveways, drive aisles, and the public right of way by patrons. The proposed site plan appears to comply with this requirement. 2. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking, except stacking lanes may provide access to designated employee parking. The proposed site plan appears to comply with this requirement. 3. The stacking lane shall not be located within ten feet (10') of any residential district or existing residence. The proposed site plan appears to comply with this requirement. 4. Any stacking lane greater than one hundred feet (100') in length shall provide for an escape lane. The proposed site plan appears to comply with this requirement. 5. The site should be designed so that the drive-through is visible from a public street for surveillance purposes. The proposed site plan appears to comply with this requirement. D. The applicant shall provide a six foot (6') sight obscuring fence where a stacking lane or window location adjoins a residential district or an existing residence. (Ord. 15-1663, 10-20- 2015) 1. The pedestrian connection across the proposed parking lot to the existing sidewalk along W. Island Green Drive shall be scored concrete or pavers to delineate the walkway in accord with UDC 11-3A-19(B)(4). 2. Provide a detail of the trash enclosure with the submittal of the CZC application. 3. Per UDC 11-3B-8C, the applicant is required to install a 5 foot landscape buffer along the west boundary of the property. 4. The applicant shall widen the sidewalk on the north side of the building to 7 feet and remove any wheel stops from the plan. Exhibit A Zions Bank Drive-through – H-2018-0077 PAGE 6 Parking: Based on the overall square footage (s.f.) of the building, approximately 4,200 s.f., a minimum of 9 vehicle parking spaces are required to be provided on the site. A total of 23 parking stalls are proposed, which exceeds the UDC requirements. Landscaping: Staff has reviewed the submitted landscape plan for compliance with UDC 11-3B. The landscape plan as submitted complies with the UDC. The 35-foot wide landscape buffer adjacent to W. Chinden Blvd is existing and meets the requirements of the UDC. Except the 5- foot wide buffer on the west boundary (currently depicted as 3 feet), the parking lot landscaping complies with the standards of UDC 11-3B-8C. With the certificate of zoning compliance application, the applicant should revise the landscape plan and widen the buffer width form 3 feet to 5 feet. Lighting: Outdoor lighting is required to comply with the standards listed in UDC 11-3A-11. If any fixtures are proposed that have a maximum output of 1,800 lumens or more, a photometric report is required to be submitted with the Certificate of Zoning Compliance application to ensure light trespass does not encroach on the adjacent residences to the south. Building Elevations: The applicant has submitted sample elevations of the building. In general, staff is supportive of the submitted elevations. Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC and DES application is required to be submitted prior to issuance of building permits. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. Summary: In summary, staff finds the proposed project complies with the applicable policies of the Comprehensive plan and is conditioned to comply with the applicable development standards in the UDC. Based on the aforementioned analysis, staff recommends approval of the subj ect application. Exhibit A Zions Bank Drive-through – H-2018-0077 PAGE 7 X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed CUP Site Plan (dated: July 12, 2018) 3. Proposed Landscape Plan (dated: July 12, 2018 4. Proposed Building Elevation (dated: July 12, 2018) B. Conditions of Approval C. Required Findings from Unified Development Code Exhibit A Zions Bank Drive-through – H-2018-0077 PAGE 8 Exhibit A.1: Vicinity Map Exhibit A Zions Bank Drive-through – H-2018-0077 PAGE 9 Exhibit A.2: Proposed CUP Site Plan (dated: July 12, 2018) Exhibit A Zions Bank Drive-through – H-2018-0077 PAGE 10 Exhibit A.3: Proposed Landscape Plan (dated: July 12, 2018) Exhibit A Zions Bank Drive-through – H-2018-0077 PAGE 11 Exhibit A.4: Proposed Building Elevations (dated: July 12, 2018) Exhibit A Zions Bank Drive-through – H-2018-0077 PAGE 12 B. Conditions of Approval 1. PLANNING DIVISION Conditional Use Permit 1. The applicant shall comply with all conditions of previous approvals (AZ-06-005, Instrument No. 106122365, PP-06-004, PS-06-004, MDA-08-008 Instrument #109082037). 2. The applicant shall comply with the Specific Use Standards for the drive-through establishments. 3. The site plan is approved, with the conditions listed herein. The applicant shall revise the site plan as follows: a. Provide a detail of the bike rack. b. The drive-through area should be striped one-way as depicted on the submitted site plan. c. The pedestrian connection across the proposed parking lot to the existing sidewalk along W. Island Green Drive shall be scored concrete or pavers to delineate the walkway. 4. The applicant shall submit an alternative compliance request for the landscape buffer on the west boundary of the property to deviate from the five foot requirement and work with staff on that. The landscape plan is approved, with the conditions listed herein. The applicant shall revise the landscape plan as follows: a. With the submittal of the CZC application, all parking lot landscaping must comply with the landscape standards set forth in UDC 11-3B-8C. The landscape buffer on the west boundary shall be widened from 3 feet to 5 feet in accord with UDC 11-3B-8(C)(1)(a). 5. Development of this site shall substantially comply with the site plan, landscape plan and building elevations included in Exhibit A and the conditions of approval in this report. 6. The applicant is required to submit a Certificate of Zoning Compliance (CZC) and Administrative Design Review (DES) application to the Planning Division for approval of the proposed use and final site layout and building designs prior to submittal of a building permit application. 7. The proposed site layout and structures are required to comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual (ASM). 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. 9. The applicant shall have a maximum of two (2) years to commence the drive-through use as permitted in accord with the conditions of approval listed above. If the use has not begun within two (2) years of approval, a new conditional use permit must be obtained prior to operation or a time extension must be requested in accord with UDC 11-5B-6F. 10. The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. 11. The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 12. The hours of operation for the commercial development are restricted to the hours between 6 am All signage for the property is subject to the standards set forth in UDC 11-3D. 2. PUBLIC WORKS DEPARTMENT Exhibit A Zions Bank Drive-through – H-2018-0077 PAGE 13 2.1 Site Specific Conditions of Approval 2.1.1 The applicant shall comply with all conditions of approval associated with the approved Knighthill Center preliminary plat (file #PP-13-031). 3. POLICE DEPARTMENT 3.1 The Police Department has no comments related to this application. 4. FIRE DEPARTMENT 4.1 The Fire Department has no comments related to this application. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments related to this application. 6. PARKS DEPARTMENT 6.1 The Parks Department has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT (COMMENTS FORTHCOMING) 7.1 Pay a traffic impact fee. A traffic impact fee may be assessed by ACHD and will be due prior to the issuance of a building permit by the lead agency. 7.2 Comply with all ACHD Policies and ACHD Standard Conditions of Approval for any improvements or work in the right-of-way. 7.3 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.). Exhibit A Zions Bank Drive-through – H-2018-0077 PAGE 14 C. Required Findings from Unified Development Code 1. CONDITIONAL USE PERMIT FINDINGS: In consideration of a conditional use permit, the decision-making body shall make the following findings: 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. Commission finds that the subject property is large enough to accommodate the proposed retail and drive-through uses and development regulations of the C-G district (see Analysis Section VII, VIII & 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. Commission finds that the proposed use is consistent and harmonious with the UDC and Comprehensive Plan Future Land Use Map designation of MU-C for this site. 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. Commission finds that if the applicant complies with the conditions outlined in this report, the proposed use of the property should be compatible with other uses in the general neighborhood and with the existing and intended 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. Commission finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other properties 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. Commission finds that the proposed use will be served adequately by all of the public facilities and services as applicable. 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. If approved, the applicant will be financing any improvements required for development. 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. Exhibit A Zions Bank Drive-through – H-2018-0077 PAGE 14 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. Commission finds the proposed use will generate additional traffic in the area but should not involve activities that will be detrimental to any persons, property or the general welfare of the area. 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. Commission finds that there should not be any health, safety or environmental problems associated with the proposed use. Further, 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.