Daily Fit Body H-2023-0060 FindingsCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). DAILY BODY FIT H-2023-0060
Page 1
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
In the Matter of the Request for a Conditional Use Permit to Operate an Indoor Recreation Facility
(Personal Training Facility) from Suites 1, 3 and 5 (6,283 square-foot) in an Existing 20,203 Square-
Foot Flex Building on 1.41 Acres of Land, Located at 160 N. Linder Road in the I-L Zoning
District, by Joseph Daily, Daily Fit Body.
Case No(s). H-2023-0060
For the Planning & Zoning Commission Hearing Date of: January 18, 2024 (Findings on February
1, 2024)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of January 18, 2024, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of January 18, 2024, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of January 18,
2024, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of January 18, 2024, 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
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). DAILY BODY FIT H-2023-0060
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 January 18, 2024, 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 a conditional use permit is hereby approved in accord with the
conditions of approval in the staff report for the hearing date of January 18, 2024, 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. Judicial Review
Pursuant to Idaho Code § 67-6521(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-6521(1)(a), an affected person aggrieved by this final decision may, within twenty-eight
(28) days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52, title 67, Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). DAILY BODY FIT H-2023-0060
Page 3
G. Attached: Staff Report for the hearing date of January 18, 2024
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). DAILY BODY FIT H-2023-0060
Page 4
By action of the Planning & Zoning Commission at its regular meeting held on the ___________ day
of ________________, 2024.
COMMISSIONER ANDREW SEAL, CHAIRMAN VOTED_______
COMMISSIONER MARIA LORCHER, VICE CHAIRMAN VOTED_______
COMMISSIONER NATE WHEELER VOTED_______
COMMISSIONER JARED SMITH VOTED_______
COMMISSIONER PATRICK GRACE VOTED_______
COMMISSIONER MANDI STODDARD VOTED_______
COMMISSIONER ENRIQUE RIVERA VOTED_______
_____________________________
Andrew Seal, Chairman
Attest:
__________________________________
Chris Johnson, City Clerk
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:________________________
City Clerk’s Office
51
1st
February
2-1-2024
2-1-2024
2-1-2024
EXHIBIT A
Page 1
HEARING
DATE:
January 18, 2024
TO: Planning & Zoning Commission
FROM: Linda Ritter, Associate Planner
208-884-5533
SUBJECT: H-2023-0060 – Daily Fit Body
LOCATION: 160 N. Linder Road, Units 1, 3, and 5; a
portion of Section 12, Township 3N.,
Range 1W. (Parcel # R3579000043)
I. PROJECT DESCRIPTION
Conditional Use Permit request to operate an indoor recreation facility (personal training facility) from
tenant suites 1, 3, and 5 for a total of 6,283 square-feet in an existing 20,203 square-foot industrial building
on 1.41 acres of land in the I-L zoning district.
II. SUMMARY OF REPORT
A. Project Summry
PINE
LINDERFRANKLIN
CHER RY
TEN MILE[Legend
Project Location
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Description Details Page
Acreage 1.41-acre property
Future Land Use Designation General Industrial
Existing Land Use Existing 20,203-square-foot industrial building
Proposed Land Use(s) Indoor Recreational Facility located in tenant suites 1, 3, and
5 (personal training facility)
Current Zoning I-L
Physical Features (waterways,
hazards, flood plain, hillside)
None
Neighborhood meeting date; # of
attendees:
November 6, 2023
3
History (previous approvals) A-2022-0020; PBA-2022-0010, H-2021-0026 (AZ, CPAM)
and DA Inst # 2022-013890
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Page 2
B. Community Metrics
Description Details Page
Ada County Highway District
• Staff report (yes/no) Yes
• Requires ACHD Commission
Action (yes/no)
No
Access (Arterial/Collectors/State
Hwy/Local)(Existing and Proposed)
One (1) access via N. Linder Road (industrial arterial). All-
access points are existing and approved from previous
approvals (A-2022-0020) for the overall flex building.
Existing Road Network Yes
C. Project Area Maps
Future Land Use Map
Aerial Map
Zoning Map
Planned Development Map
MU-Res
MU-Com
Mixed
Employment
High Density
Residential
General
Industrial
Civic
Office
Medium Density
Residential
FRANKLIN
PINE
LINDER[Legend
Project Location
FRANKLIN
PINE
LINDER[Legend
Project Location
FRANKLIN
PINE
LINDERL-O
L-O
R1
L-O
L-O
R-4R-40
TN-R
I-L
RUT
RUT
I-L
R-15
L-O
R1
R-8
TN-R
L-O
R1
R1
C-C
R-4TN-C
C-G C-N
L-O
R-8
R-15
R-8
R1
I-L
C-G
L-ORUT
C-G
C-C
[Legend
Project Location
FRANKLIN
PINE
LINDER[Legend
Project Location
City Limits
Planned Parcels
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III. APPLICANT INFORMATION
A. Applicant:
Joseph Daily, Daily Fit Body – 899 N. Pasture Avenue, Kuna, Idaho 83634
B. Owner:
Ronald Hatch, 160 N. Linder LLC – 24639 Falcon Lane, Caldwell, ID 83607
C. Agent/Representative:
Same as Applicant
IV. NOTICING
Planning & Zoning
Posting Date
Newspaper Notification 01/02/2024
Radius notification mailed to
properties within 500 feet 12/29/2023
Public hearing notice sign posted
on site 01/04/2024
Nextdoor posting 12/29/2023
V. COMPREHENSIVE PLAN (HTTPS://WWW.MERIDIANCITY.ORG/COMPPLAN):
Land Use:
This property is designated Industrial on the Future Land Use Map (FLUM).
The purpose of the Industrial designation is to allow a range of uses that support industrial and
commercial activities. Industrial uses may include warehouses, storage units, light manufacturing, flex,
and incidental retail and offices uses. In some cases uses may include processing, manufacturing,
warehouses, storage units, and industrial support activities.
The Applicant proposes to develop the site with an indoor recreation facility (i.e. an indoor personal
training facility) within a portion of an existing industrial building. The industrial building was
approved under an administrative application (A-2022-0020). Per UDC 11-2C-2, indoor recreational
facilities are allowed in the I-L zoning district with the approval of a Conditional Use Permit.
In the surrounding area, there is an existing childcare facility located on the property at 444 N. Linder
Rd., zoned L-O; a birthing center/women’s healthcare facility located at 270 N. Linder Rd., zoned C-
C; vacant/undeveloped land at the northeast corner of Linder/Franklin, zoned C-C; and
warehouse/industrial uses on the eastern portion of the site in Creamline Park, zoned I-L. The
remainder of the properties on the west side adjacent to N. Linder Road are single-family residential
homes zoned R1.
Therefore, Staff finds the proposed use should be an appropriate use in the Industrial designation for
the reasons noted above.
COMPREHENSIVE PLAN POLICIES (https://www.meridiancity.org/compplan):
Goals, Objectives, & Action Items: Staff finds the following Comprehensive Plan policies to be
applicable to this application and apply to the proposed use of this property (staff analysis in italics):
• “Plan for an appropriate mix of land uses that ensures connectivity, livability, and economic
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vitality.” (3.06.02)
The proposed use will contribute to the mix of uses in this area and should add to the livability
and economic vitality of the community.
• Monitor and adjust the amount and mix of industrial, commercial, and office areas needed to meet
the employment needs of the City.” (3.06.01B)
The proposed use will contribute to the mix of uses in this area; however, the desire for industrial
and employment uses are diminished. Unfortunately the city has not received a lot of applications
for industrial uses and therefore property owners are flex buildings to accept commercial uses in
an effort fill their buildings.
• “Preserve the industrial base within designated industrial land use areas by discouraging non-
industrial uses and focusing on light manufacturing, distribution, flex-space, and base-
employment.” (3.07.01D)
The proposed use is a non-industrial use requesting a CUP to occupy an industrial land use area
approved for flex space. Staff does not have any concerns about approving a commercial use for an
indoor recreation facility (personal training facility) within the vicinity purposed for industrial uses
as this is a flex space building. If approved, this would be the first such use in this building.
• “Protect public health and safety by guiding growth and development away from hazardous areas
that pose a threat to people and property.” (4.10.00)
Operation of the proposed use should comply with City ordinances pertaining to noise, lighting,
and odor disturbances.
• “Provide, partner, and preserve public and private indoor and outdoor recreation amenities for a
diverse range of physical activities.” (5.01.01C)
The proposed indoor recreation facility offers opportunities for recreation through the personal
training facility to the public and will contribute to the range of physical activities offered in the
City.
VI. UNIFIED DEVELOPMENT CODE (UDC)
The proposed use, an indoor recreation facility, is listed as a conditional use in the I-L (Light Industrial)
zoning district per UDC Table 11-2C-2. Compliance with the dimensional standards listed in UDC Table 11-
2C-3 is required and are met because the proposed use is internal to an approved structure.
VII. STAFF ANALYSIS
As discussed above in Section V, the proposed indoor personal training facility is considered an appropriate
use and meets the development guidelines listed for the industrial designation. The use is also consistent with
the Industrial Development approved in 2021 for Hatch Industrial, which approved uses such as warehouses,
storage units, light manufacturing, flex, and incidental retail and office uses in the I-L zoning district. In
some cases uses may include processing, manufacturing, warehouses, storage units, and industrial support
activities.
This use is proposed to be contained within an existing building, as noted above. The tenant space for the
personal training facility will be approximately 6,283 square feet within an existing building with no exterior
modifications proposed. The Applicant submitted a site plan showing the tenant space for the Daily Fit
Body.
The proposed use is subject to the following Specific Use Standards (UDC 11-4-3-2) - Arts, Entertainment
or Recreation Facility, Indoors and Outdoors: (Staff analysis in italics)
A. General Standards:
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1. All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum
setback of one hundred feet (100') from any abutting residential districts. The playing areas of
golf courses, including golf tees, fairways, and greens, are an exception to this standard. (Ord.
07-1325, 7-10-2007). No outdoor recreation areas are proposed; all activities will take place
within the building.
2. No outdoor event or activity center shall be located within fifty feet (50') of any property line
and shall operate only between the hours of six o'clock (6:00) A.M. and eleven o'clock (11:00)
P.M. No outdoor events or activities are proposed.
3. Accessory uses including, but not limited to, retail, equipment rental, restaurant, and drinking
establishments may be allowed if designed to serve patrons of the use only. Noted.
4. Outdoor speaker systems shall comply with section 11-3A-13, "Outdoor Speaker Systems", of
this title. No outdoor speakers are proposed.
B. Additional Standards for Swimming Pools: Any outdoor swimming pool shall be completely
enclosed within a six foot (6') non-scalable fence that meets the requirements of the building code in
accord with title 10, chapter 1, of this code. Not applicable.
C. Additional Standards for Outdoor Stage or Musical Venue: Any use with a capacity of one hundred
(100) seats or more or within one thousand feet (1,000') of a residence or a residential district shall
be subject to approval of a conditional use permit. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005). No
outdoor stage or musical venue is proposed.
Access (UDC 11-3A-3):
One (1) driveway access is depicted and approved on the overall site plan via N. Linder Road (industrial
arterial). ACHD and the City have approved the location of the access driveway with the administrative
approvals for the overall industrial building (A-2022-0020).
Parking (UDC 11-3C):
As noted throughout the staff report, the building and other site improvements are existing and include the
off-street parking for the entire industrial building. According to the submitted site plan showing the existing
site conditions, a total of 25 parking spaces are provided, exceeding UDC standards. Based on the 6 parking
spaces provided for this use, a minimum of one (1) bicycle parking space is required to be provided. Bicycle
parking facilities were approved at the time of CZC submittal; the submitted plans depict the bike
racks located on the south side of the building.
The applicant stated the building owner will provide six (6) dedicated parking stalls and six (6) floating
stalls for the proposed personal training facility. Staff does not have concerns on the number of parking
spaces available for the proposed use.
Sidewalks (UDC 11-3A-17):
There are existing 7-foot wide attached sidewalks along N. Linder Road that meet UDC standards. Any
damaged curb, gutter, or sidewalk is required to be replaced.
Landscaping (UDC 11-3B):
A 25-foot wide street buffer is required to be provided along N. Linder Road, an industrial arterial.
Landscaped was installed per the standards listed in UDC 11-3B-7C. Parking lot landscaping is required per
the standards listed in UDC 11-3B-8C.
All required landscaping has been proposed and approved with previous approvals. Staff’s analysis of the
approved landscape plan shows compliance with all applicable landscaping code sections.
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Outdoor Lighting (UDC 11-3A-11):
All outdoor lighting is required to comply with the standards listed in UDC 11-3A-11C unless otherwise
approved through alternative compliance. Light fixtures that have a maximum output of 1,800 lumens or
more are required to have an opaque top to prevent up-lighting; the bulb shall not be visible and shall have a
full cutoff shield in accord with Figure 1 in UDC 11-3A-11C.
All outdoor lighting was approved with the CZC approval in 2022. However, any future business signage
must comply with all standards outlined in UDC 11-3D.
Building Elevations:
The approved building elevations and perspectives were submitted for the flex building as shown in Section
IX.D. As stated throughout this report, these elevations have already been approved through the
administrative process and the building is already existing. The submitted elevations are for supplementary
purposes only.
VIII. DECISION
A. Staff:
Staff recommends approval of the proposed Conditional Use Permit per the provisions included in
Section IX in accord with the Findings in Section X.
B. The Meridian Planning & Zoning Commission heard this item on January 18, 2024. At the public
hearing, the Commission moved to approve the subject Conditional Use Permit request.
1. Summary of the Commission public hearing:
a. In favor: All
b. In opposition: None
c. Commenting: Joe Daily
d. Written testimony: None
e. Staff presenting application: Linda Ritter, Associate Planner
f. Other Staff commenting on application: None
2. Key issue(s) of public testimony:
a. None
3. Key issue(s) of discussion by Commission:
a. Whether or not the commercial business would continue in the industrial zone if the
applicant moved to a new location.
4. Commission change(s) to Staff recommendation:
a. None
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IX. EXHIBITS
A. Approved Site Plan (dated: 4/18/23)
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B. Approved Landscape Plan (dated: 9/3/2021)
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C. Approved Building Elevations (3/23/23)
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D. Proposed Floor Plans (3/23/23)
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X. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. The applicant shall comply comply with the site plan, landscape plan, and building elevations
approved with A-2022-0020 and the recorded Development Agreement (DA Inst. #2022-013890).
2. The Applicant shall comply with the specific use standards listed in UDC 11-4-3-2 – Arts,
Entertainment or Recreation Facility, Indoors and Outdoors, including but not limited to the
following:
• Accessory uses including, but not limited to, retail, equipment rental, restaurant, and
drinking establishments may be allowed if designed to serve patrons of the use only, and not
the general public.
• All outdoor recreation areas and structures that are not fully enclosed shall maintain a
minimum setback of one hundred feet (100') from any abutting residential districts. The
playing areas of golf courses, including golf tees, fairways, and greens, are an exception to
this standard. (Ord. 07-1325, 7-10-2007).
• No outdoor event or activity center shall be located within fifty feet (50') of any property
line and shall operate only between the hours of six o'clock (6:00) A.M. and eleven o'clock
(11:00) P.M.
• Accessory uses including, but not limited to, retail, equipment rental, restaurant, and
drinking establishments may be allowed if designed to serve patrons of the use only.
• Outdoor speaker systems shall comply with section 11-3A-13, "Outdoor Speaker Systems",
of this title.
3. The applicant shall not be required to submit a Certificate of Zoning Compliance application to
commence the proposed use on this site. Planning staff will review and approve the commencement
of the use through the Tenant Improvement and/or Certificate of Occupancy submitted to the
Community Development Department. All interior modifications (tenant improvements) associated
with the use must receive all required permits and inspections from the Building Division of the
Community Development Department prior to operation of the indoor recreation facility.
4. The conditional use permit is valid for a maximum period of two (2) years 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 as set forth in UDC 11-5B-6. A time extension may be requested as set forth in UDC 11-5B-
6F.
B. PUBLIC WORKS DEPARTMENT
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=300477&dbid=0&repo=MeridianCity
C. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=324857&dbid=0&repo=MeridianCity
D. ADA COUNTY HIGHWAY DISTRICT (ACHD)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=302777&dbid=0&repo=MeridianCity
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E. IDAHO TRANSPORTATION DEPARTMENT (ITD)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=315353&dbid=0&repo=MeridianCity
F. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=317401&dbid=0&repo=MeridianCity
XI. FINDINGS
A. Conditional Use Permit (UDC 11-5B-6E)
The Commission shall base its determination on the Conditional Use Permit requests 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 site meets all the dimensional and development regulations of the I-L zoning district for the
proposed use. Therefore, Staff finds the 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.
Staff finds the proposed use will be harmonious with the Comprehensive Plan in that it will provide an
indoor recreation use which will contribute to the mix of uses desired in the Industrial Comprehensive
designation as desired.
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.
Staff finds the design, construction, operation and maintenance of the proposed use with the conditions
imposed, should be compatible with other uses in the general vicinity but may moderately change the
character of the area due to the limited I-L zoning within the City.
4. 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.
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.
Staff finds the proposed use will be served by essential public facilities and services as required.
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.
Staff finds the proposed use will not create additional costs for public facilities and services and
will not be detrimental to the economic welfare of the community.
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.
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Staff finds the proposed use will not be detrimental to any persons, property or the general welfare by
the reasons noted above.
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. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005).
Staff finds the proposed use will not result in the destruction, loss or damage of any such features.
65