Everbrook Academy H-2023-0051 Findings CITY OF MERIDIAN C�
E IDIAN ---
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND I D A H O
DECISION& ORDER
In the Matter of the Request for a Conditional Use Permit for a daycare facility,Located at 4845,
4855,and 4867 S. Tavistock Avenue in the C-N Zoning District,by Paul Tucci, Oppidan,Inc.
Case No(s).H-2023-0051
For the Planning& Zoning Commission Hearing Date of: March 7, 2024 (Findings on March 21,
2024)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of March 7, 2024, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of March 7, 2024, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March 7, 2024,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of March 7,2024, 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
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-2023-0051
Page 1 40
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of March 7,2024, 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 § I I-
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 March 7,2024,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 11-513-6.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 § 67-652 1(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 §§ 67-652 1(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.
G. Attached: Staff Report for the hearing date of March 7,2024
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2023-0051
Page 2 F41
By action of the Planning&Zoning Commission at its regular meeting held on the 21 st day of
March ,2024.
COMMISSIONER ANDREW SEAL, CHAIRMAN VOTED
COMMISSIONER MARIA LORCHER,VICE CHAIRMAN VOTED
COMMISSIONER BRIAN GARRETT VOTED
COMMISSIONER JARED SMITH VOTED
COMMISSIONER PATRICK GRACE VOTED
COMMISSIONER MATTHEW SANDOVAL VOTED
COMMISSIONER ENRIQUE RIVERA VOTED
Andrew Seal, Chairman 3-21-2024
Attest:
Chris Johnson, City Clerk 3-21-2024
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: 3-21-2024
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2023-0051
Page 3 F42
Exhibit A
E IDIA 4*,--
STAFF REPORT I D A H O
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING March 7,2024 Legend
DATE:
Project Location �
TO: Planning&Zoning Commission
FROM: Linda Ritter,Associate Planner rr�.. ...
208-884-5533
SUBJECT: H-2023-0051 - R
Everbrook Academy at Amity—CUP p�
LOCATION: 4845,4855, and 4867 S. Tavistock y. i
Avenue, in the NW 1/4 of Section 33,
Township 3N.,Range I E.
I. PROJECT DESCRIPTION
Conditional use permit(CUP) for a daycare center providing childcare for up to 120-150 students in
the C-N zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 1.509-acres
Future Land Use Designation Office
Existing Land Use Vacant/undeveloped land
Proposed Land Use(s) Daycare Center
Current Zoning Neighborhood Business District(C-N)
Physical Features(waterways, None
hazards,flood plain,hillside)
Neighborhood meeting date;#of 07/31/2023
attendees:
History(previous approvals) CPAM-15-001,AZ-15-004(DA#2015-061375);H-2016-
0092(MDA#2016-119080);H-2018-0087(CUP for cell
tower);H-2018-0127(MDA-2nd Addendum to DA
#2019-033207);H-2019-0134(MDA—3"Addendum DA
#2020-059662);H-2020-0080(MDA 4t'Addendum DA
2020-117720);H-2020-0055 Hill's Century Farm North
No.1 Final Plat
Page 1 43
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IV. NOTICING
Planning&Zoning
Posting Date
Newspaper Notification 2/20/2024
Radius notification mailed to
properties within 500 feet 2/16/2024
Site Posting Date 2/16/2024
NextDoor posting 2/26/2024
V. STAFF ANALYSIS
A. Future Land Use Map Designation(https://www.meridiancity.or /�compplan)
Mixed-Use Neighborhood(MU-N): The purpose of this designation is to assign areas where
neighborhood-serving uses and dwellings are seamlessly integrated into the urban fabric. The
intent is to avoid predominantly single-use developments by incorporating a variety of uses. Land
uses in these areas should be primarily residential with supporting non-residential services.Non-
residential uses in these areas tend to be smaller scale and provide goods or services that people
typically do not travel far for(approximately one mile) and need regularly. Employment
opportunities for those living in the neighborhood are encouraged. Connectivity and access
between the non-residential and residential land uses is particularly critical in MU-N areas. Tree-
lined,narrow streets are encouraged.
The proposed use of a Daycare Center(more than 12 children) is a community-serving
commercial use that fits within the future land use designation of MU-N. The proposed use can
serve both the immediate area and the nearby community at large. The proposed location is
adjacent to commercial development and existing residences to the south and southeast. Staff
finds the proposed use will provide a needed use for the nearby community and offer employment
opportunities beyond typical retail jobs. The daycare use is a needed use throughout the City and
providing it nearby residential meets many of the City's desired outcomes for commercial
development. Specific policies are noted and analyzed below but Staff finds the proposed use to
be consistent with the future land use designation of Mixed-Use Neighborhood, especially in
combination with the existing commercial uses in the Hills Century Farm North and
Commercial subdivisions.
B. Comprehensive Plan Policies (https://www.meridianciny.or /g compplan):
• "Encourage and support mixed-use areas that provide the benefits of being able to live,
shop, dine,play,and work nearby,thereby reducing vehicle trips, and enhancing overall
livability and sustainability"(3.06.02B).As noted, the subject area is part of a mixed-use
designation on our future land use map. Stafffinds adding a daycare use in this location
introduces a needed community serving use to the immediate area and is located within
walking distance of several existing residences. Further, this property will have
convenient pedestrian access to the adjacent subdivision to the south, therefore
promoting overall sustainability and the benefits of having a supportive commercial use
nearby residential.
• "Encourage the development of supportive commercial near employment areas"
(3.06.02C). The subject daycare is proposed within an existing commercial development
and is also directly north of the Hill Farm North No. 2 subdivision and east of the Hill's
Farm Commercial No. 2 subdivision which will include multiple commercial uses.
Therefore, the proposed daycare should provide a supportive use to all of the businesses
along this E. Amity Road frontage.
Page 3 ■
• "Locate smaller-scale,neighborhood-serving commercial and office use clusters so they
complement and provide convenient access from nearby residential areas, limiting access
to arterial roadways and multimodal corridors."(3.07.02B). See above analysis—Staff
finds the proposed location and use to be consistent with this policy.
• "Require appropriate building design, and landscaping elements to buffer, screen,
beautify, and integrate commercial,multifamily, and parking lots into existing
neighborhoods."(5.01.02D). The location of the subject daycare is proposed within an
existing commercial development with drive aisles to the north and access to the site from
a private drive off Tavistock Avenue. The Applicant is required to provide a landscape
buffer along the private drive to the north and a 20 foot wide landscape buffer will be
constructed to the south providing for additional screening between this commercial
development and the existing subdivision to the south.
An 11,300 square foot daycare center is proposed in the C-N zoning district which is designed to
accommodate a maximum of 120-150 students and 15-25 employees.A daycare center requires
Conditional Use Permit(CUP)in the C-N zoning district as set forth in UDC Table 11-2B-2 and is
subject to the specific use standards listed in UDC 11-4-3-9.
Specific Use Standards: The proposed use is subject to the specific use standards listed in UDC 11-
4-3-9—Daycare Facility, as follows:
A. General standards for all child daycare and adult care uses, including the classifications of
daycare center; daycare,family; and daycare,group.
1. In determining the type of daycare facility,the total number of children at the facility at
one time, including the operator's children,is the determining factor.
The applicant proposes to provide childcare for up to 120-150 children; because the
daycare plans to provide care for more than 12 children, it's classified as a daycare
center.
2. On site vehicle pick up,parking and turnaround areas shall be provided to ensure safe
discharge and pick up of clients.
On-site vehicle pick-up,parking and turnaround areas are provided. For safety,Staff
recommends the row ofparking on the east side of the property be restricted to Staff
members only and signed accordingly.
3. The decision-making body shall specify the maximum number of allowable clients and
hours of operation as conditions of approval.
The maximum number of allowable clients should be limited to those specified in this
application (i.e. 150).
4. 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 occupancy. The applicant or owner shall
comply with all State of Idaho and Department of Health and Welfare requirements for
daycare facilities.
The Applicant shall provide this information to the Planning Division as required.
5. In residential districts or uses adjoining an adjacent residence,the hours of operation shall
be between 6:00 a.m. and 11:00 p.m. This standard may be modified through approval of
a conditional use permit.
Residential use exists on the property to the south, zoned R-15. The proposed hours of
operation are Monday through Friday from 6:00 am to 8:00 pm, which will not exceed
Page 4 ■
regulated hours.
6. Prior to submittal of an application for an accessory daycare facility in a residential
district,the applicant or owner shall hold a neighborhood meeting in accord with
subsection 11-5A-4.B of this title.Notice of the neighborhood meeting shall be provided
to all property owners of record within one hundred(100) feet of the exterior boundary of
the subject property.
Not applicable
The applicant shall not exceed the maximum number of clients as stated in the approved
permit or as stated in this title,whichever is more restrictive.
B. Additional standards for daycare facilities that serve children.
1. All outdoor play areas shall be completely enclosed by minimum six-foot non-scalable
fences to secure against exit/entry by small children and to screen abutting properties.
The applicant is proposing a 6-foot-tall vinyl fence around the playground area which
provides screening and is non-scalable.
2. Outdoor play equipment over six(6)feet high shall not be located in a front yard or
within any required yard.
All playground equipment is located within the rear of the building enclosed by a 6-foot-
tall vinyl fence that will screen the playground equipment.
3. Outdoor play areas in residential districts adjacent to an existing residence shall not be
used after dusk.
The daycare is not located within a residential district but is adjacent to an existing
residence. Compliance with these standards is required.
C. Additional standards for family daycare facilities conducted as home occupation accessory
uses.
1. In no way shall the family daycare emit lighting,noise, fumes, smoke, dust, odors,
vibrations,or electrical interference that can be observed outside the dwelling. A sign
may be displayed for advertising the family daycare facility in accord with the standards
set forth in subsection 11-3D-8.B of this title.
2. Off-street parking shall be provided as set forth in section 11-3C-6 of this title, in
addition to the required off-street parking for the dwelling.
These standards are not applicable.
Based on the above analysis, Staff deems the proposed use to be in compliance with the
specific use standards as required if the Applicant complies with the conditions of approval in
Section VIII.A.
Dimensional Standards: Future development should be consistent with the dimensional standards
listed in UDC Table 11-2B-3 for the C-N zoning district.
Access: Access is proposed on the site plan from S. Tavistock Avenue onto a private drive.
Parking: Off-street parking is required to be provided in accord with the standards listed in UDC 1I-
3C-6 for non-residential uses which requires one(1)space per 500 square feet of gross floor area.
Based on 11,300 s.f., a minimum of 23 spaces are required; a total of 35 spaces are proposed,
including two(2)ADA compliant spaces.
Page 5 47
A minimum of one(1)bicycle parking space is required to be provided for every 25 vehicle spaces or
portion thereof per UDC 11-3C-6G;bicycle parking facilities are required to comply with the location
and design standards listed in UDC 11-3C-5C.A bicycle rack capable of holding a minimum of two
(2)bicycles has been provided in accordance with this requirement and depicted on the site plan.
Pedestrian Walkways: A continuous internal pedestrian walkway that is a minimum of 5-feet wide
is required to be provided from the perimeter sidewalk to the main building entrance and should be
distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete,
or bricks as set forth in UDC 11-3A-1913.4. The applicant is proposing to match the existing
sidewalk along the private drive with a 5-foot wide sidewalk within the landscape buffer along the
entire frontage of the property. The sidewalk will facilitate pedestrian connectivity and easy access
throughout the development. There is also a 6-foot wide pathway along the entire length of the
west side of the property.
Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed
in UDC 11-3B-8C as shown.
A 20-foot wide landscape buffer is required to be provided to adjacent residential uses in the C-N
zoning district per UDC Table 11-2B-3; landscaping is required to be installed within the buffer in
accord with the standards listed in UDC 11-3B-9C. Landscaping shall comply with the requirements
in UDC 11-3B. A residential use exists to the south of the property requiring the 20-foot landscape
buffer.
Street buffer landscape along the private drive is required to be installed.
Landscaping for the pathway on the west side of the property shall be installed per UDC 11-3B-IZ
The site/landscape plan submitted with the Certificate of Zoning Compliance application should
reflect compliance with this standard.
Outdoor Lighting: All outdoor lighting is required to comply with the standards listed in UDC 11-
3A-1IC. 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-I IC.
Mechanical Equipment: All mechanical equipment on the back of the building and outdoor service
and equipment should be incorporated into the overall design of buildings and landscaping so that the
visual and acoustic impacts of these functions are fully contained and out of view from adjacent
properties and public streets as set forth in UDC 11-3A-12. If mechanical equipment is proposed to be
roof-mount, all equipment should be screened and out of view as noted above.
Building Elevations: Conceptual building elevations were submitted for a single-story building as
shown in Section VII.0 that incorporate a mix of materials consisting of cultured stone, exterior
insulation finishing system(or equivalent), fiber cement siding,precast stone sills and glass with an
asphalt shingle roofing.
Final design is required to incorporate some of the same or similar design elements and materials as
those in the development agreement and shall comply with the design standards listed in the
Architectural Standards Manual.
Certificate of Zoning Compliance&Design Review: A Certificate of Zoning Compliance and
Design Review application is required to be submitted for the proposed use prior to submittal of a
building permit application to ensure consistency with the conditions in Section VIII,UDC standards,
design standards and the development agreement.
Page 6 48
VI. DECISION
A. Staff:
Staff recommends approval of the proposed conditional use permit with the conditions included
in Section VIII per the Findings in Section IX.
B. The Meridian Planning&Zoning Commission heard this item on March 7, 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: Paul Tucci
d. Written testimony.None
e. Staff presenting application: Bill Parsons,Planning Supervisor
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. Lighting from the property which will be reviewed with the Certificate of Zoning
Compliance.
3. Key issue(s)of discussion by Commission.
a. None.
4. Commission change(s)to Staff recommendation:
a. Condition No. 7 modified from 150 allowable clients to 156 or as determined by the
building code.
Page 7 ■
A.
VII. EXHIBITS
A. Proposed Site Plan
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VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING
1. Future development of this site shall comply with the previous conditions of approval and
terms of CPAM-15-001,AZ-15-004 (DA#2015-061375);H-2016-0092 (MDA#2016-
119080); H-2018-0087 (CUP for cell tower); H-2018-0127(MDA-2nd Addendum to DA
#2019-033207); H-2019-0134 (MDA—3rd Addendum DA#2020-059662); H-2020-0080
(MDA 4th Addendum DA 2020-117720); H-2020-0055 Hill's Century Farm North No.1
Final Plat and the conditions contained herein.
2. The applicant shall receive written approval of the City of Meridian Planning Division that
the final property boundary adjustment is in conformance with UDC 11-613-8 prior to
building permit issuance.
3. The fire truck turning radius submitted is not approved. The landscaped island may need to
be altered in order to meet the requirements. Revise the site plan to meet the Fire Department
requirements.
4. A maximum of five(5)additional trees needs to be added to the landscape planters per UDC
11-3B-8C. Three(3) on the east side of the property and one each in the landscape planters at
the entrance to the property.
5. Compliance with the standards listed in UDC 11-4-3-9—Daycare Facility is required.
6. 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 Occupancy.The applicant or owner shall comply with all
State of Idaho and Department of Health and Welfare requirements for daycare facilities.
7. The maximum number of allowable clients shall be 1560 or as determined by the building
code. as proposed with this appheation.
8. The business hours of operation shall be limited to the hours between 6:00 am 11:00 pm in
accord with UDC 11-2B-3B.
9. Outdoor play equipment over six(6)feet high shall not be located in a front yard or within
any required yard in accord with UDC 11-4-3-9B.2.
10. The row of parking on the east side of the building shall be restricted to staff member parking
only and signs shall be erected accordingly.
11. Protect the existing landscaping on the site during construction,per UDC 11-313-10.
12. A Certificate of Zoning Compliance and Design Review application shall be submitted and
approved for the proposed use prior to submittal of a building permit application. The design
of the site and structure shall comply with the standards listed in UDC 11-3A-19;the design
standards listed in the Architectural Standards Manual and with the Development
Agreement.
13. 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 asset forth in UDC 11-513-6F.
Page 11 53
B. PUBLIC WORKS
https://weblink.meridiancity.org/WebLink/DocView.gyp x?id=331377&dbid=0&repo=MeridianC
Lty
C. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=331382&dbid=0&repo=MeridianC
Lty
D. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=331965&dbid=0&repo=MeridianC
hty
E. IDAHO TRANSPORTATION DEPARTMENT(ITD)
https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=33224 7&dbid=0&r0o=MeridianC
hty
F. BOISE PROJECT BOARD OF CONTROL
https://weblink.meridiancioy.org/WebLinkIDocView.aspx?id=332247&dbid=0&repo=MeridianC
Lty
IX. FINDINGS
Conditional Use(UDC 11-5B-6)
Findings: The commission shall base its determination on the conditional use permit request upon the
following:
1. That the site is large enough to accommodate the proposed use and meet all the dimensional and
development regulations in the district in which the use is located.
Staff finds the site is large enough to accommodate the proposed development and meet all
dimensional and development regulations of the C-Nzoning district.
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 daycare center is harmonious with the Comprehensive Plan and is
consistent with applicable UDC standards with the conditions noted in Section VIII of this report.
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 will be
compatible with other uses in the general neighborhood, with the existing and intended character
of the vicinity and will not adversely change the essential 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.
Staff finds the proposed use will not adversely affect other properties in the vicinity if it complies
with the conditions in Section VIII of this report.
Page 12 54
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.
Stafffinds 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.
9. Additional findings for the alteration or extension of a nonconforming use:
a. That the proposed nonconforming use does not encourage or set a precedent for
additional nonconforming uses within the area; and
This finding is not applicable.
b. That the proposed nonconforming use is developed to a similar or greater level of conformity
with the development standards as set forth in this title as compared to the level of
development of the surrounding properties.
This finding is not applicable.
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