ACHD Park and Ride Lot CUP-13-016CITY OF MERIDIAN ~ I~j' /~ 1~ T
FINDINGS OF FACT, CONCLUSIONS OF LAW 1 i1['11~ ~'
AND
DECISION & ORDER
In the Matter of the Request for Conditional Use Permit for an ACRD Park and Ride Lot, Located
at the Southeast Corner of S. Ten Mile Road and W. Overland Road in the R-8 Zoning District, by
Ada County Highway District.
Case No(s). CUP-13-016
For the Planning & Zoning Commission Hearing Date of: January 16, 2014 (Findings on February
6, 2014)
A. Findings of Fact
l . Hearing Facts (see attached Staff Report for the hearing date of January 16, 2014, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of January 16, 2014, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of January 16,
2014, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of January 16, 2014, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Plamiing Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §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, 201 1, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. 1t 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). CUP-I3-016
Page 1
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 16, 2014, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City Code § 11-
SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
The applicant's request for conditional
conditions of approval in the attached
attached as Exhibit A.
use permit is hereby conditionally approved per the
staff report for the hearing date of January 16, 2014,
D. Notice of Applicable Tune 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 l 1-SB-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 groLmd. 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-SB-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with ll-SB-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 January 16, 2014
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-13-O16
Page 2
B ac ion of the Planning & Zoning Commission at its regular meeting held on the ~ ~ day of
2014.
V (~Q„
COMMISSIONER STEVEN YEARSLEY, CHAIRMAN VOTED
COMMISSIONER JOE MARSHALL,'~v`~CE' CHAIRMAN VOTED \ O~
COMMISSIONER MICHAEL ROHM VOTED
COMMISSIONER SCOTT FREEMAN VOTED
COMMISSIONER MACY MILLER VOTED
Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
B ~/ Dated: ~ ~ 1 ~~
Y~
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-13-016
Page 3
EXHIBIT A
STAFF REPORT
Hearing Date: January 16, 2014 E IDIAN ^''
TO: Planning & Zoning Commission
FROM: Sonya Wafters, Associate City Planner
208-884-5533
SUBJECT: CUP-13-016 -ACHD Park & Ride Lot
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Ada County Highway District (ACHD), has applied for a conditional use permit
(CUP) for a park and ride facility, which is classified as a public/quasi-public use, in the R-8 zoning
district. See Section IX Analysis for more inforrnatiorr.
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 January 16 2014 At the
public hearing, the Commission moved to approve the subiect CUP request
a. Summary of Commission Public Hearin:
i. In favor: Tim Mokwa
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Tim Mokwa
v. Staff presenting application: Sonya Wafters
vi. Other staff commenting on application• None
b. Key Issues of Discussion by Commission:
i. The provision of water conserving landscagin~ on the site and the applicant's
request to allow City water for irrigation.
c. Key Commission Changes to Staff Recommendation•
i. The Commission approved a modification to condition #2 1 to allow for an
alternative to the requirement for pressurized irrigation to beprovided if
approved by the City Engineer.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, 1 move to approve File Number CUP-13-
016 as presented in the staff report for the hearing date of January 16, 2014, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number CUP-] 3-016
as presented during the hearing on January 16, 2014, for the following reasons: (You should state
specific reasons for denial and what the applicant could do to gain your approval with another
application.)
ACHD Park & Ride Lot CUP-13-O16 PAGE ]
EXHIBIT A
Continuance
I move to continue File Number CUP-13-016 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 subject property is located at the southeast corner of W. Overland Road and S. Ten Mile
Road in the NW '/4 of Section 23, Township 3 North, Range 1 West
B. Owner(s):
ACHD
3775 N. Adams St.
Garden City, ID 83714
C. Applicant:
Same as owner
D. Contact:
Pierson Dewit, ACHD
3775 N. Adams St.
Garden City, 1D 83714
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a conditional use permit. A public hearing is required before the
Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 1 1,
Chapter 5.
B. Newspaper notifications published on: December 30, 2013 and January ] 3, 2014
C. Radius notices mailed to properties within 300 feet on: December 19, 2013
D. Applicant posted notice on site by: January 3, 2014
VI. LAND USE
A. Existing Land Use(s) and Zoning: This property is currently vacant and zoned R-8.
B. Adjacent Land Use and Zoning:
North: Vacant land, zoned C-C
South: Residential property, zoned RUT in Ada County
East: Vacant land, zoned R-4
West: S. Ten Mile Road; Rural residential/agricultural property, zoned RUT in Ada County
C. History of Previous Actions:
• This site was included in the property annexed (AZ-06-031) in 2007 as part of the larger
Southridge development. A development agreement was required as a provision of
annexation, recorded as Instrument No. 107074205. A preliminary plat (PP-06-031) that
ACIID Park & Ride Lot CUP-13-o16 PAGE 2
EXHIBIT A
included the subject property was approved concurrent with the annexation brit the plat has
since expired.
• A property boundary adjustment (PBA-08-014) was approved in 2008 that identified 10
original parcels of record that were of record in the Ada County recorder's office prior to
April 2, 1984. The boundaries of these parcels were adjusted so that the parcels that were
consistent with the master concept plan and development agreement could move forward
without platting. This parcel is part of "parcel 7" shown on the record of survey.
• A request for a development agreement modification (MDA-08-004) was approved by
Council in 2008 recorded as Instrument No. 1 l l 102269.
D. Utilities:
1. Public Works:
a. Location of sewer: NA
b. Location of water: NA
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: There are no canals or ditches that cross this site.
2. Hazards: Staff is not aware of any hazards that exist on this site.
3. Flood Plain: This site is not within a flood plain.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The Future Land Use Map (FLUM) contained in the Comprehensive Plan designates this property as
Civic. The purpose of the Civic designation is to preserve and protect existing and planned municipal,
state, and federal lands for area residents and visitors. This category includes public lands, law
enforcement facilities, post offices, fire stations, cemeteries, public utility sites (excluding ACHD),
public parks, public schools, and other government owned sites within the Area of City Impact.
The proposed use of the site is an ACRD park and ride facility, which will provide an alternative
means of transportation to the public. The proposed use requires CUP approval in the R-8 zoning
district.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
• "Coordinate with ACRD to improve traffic flow, minimize vehicle time spent idling and
accelerating, and reduce the number ofsingle-occupancy vehicles." (5.03.01 B)
Staff finds the proposed park and ride facility will accomplish the above objectives by
providing a place and vehicles for citizens to carpool with easy access to I-84 via the Ten
Mile interchange.
• "In cooperation with ACHD, continue to investigate the opportunities for providing park &
ride lots, shuttle buses, and other forms of alternative transportation." (3.03.04D)
Staff finds the proposed park and ride facility will provide a much needed form of alternative
transportation to citizens within the Treasure Valley.
• "Require all new and reconstructed parking lots to provide landscaping in internal islands and
along streets." (2.01.04B)
ACHD Park & Ride Lot CUP-13-016 PAGE 3
EXHIBIT A
Internal planter islands and street buffers are proposed on the landscape plan.
• "Permit schools, churches and other public and civic uses in rural areas that are compatible
with adjacent uses." (3.05.02E)
The proposed park and ride facility should be compatible with existing and future residential
and office uses in the area. (Note: The property directly to the east is designated for office
uses.) Landscaping (pine and willow trees) are proposed along the southern boundary shared
with the residential property.
• "Require landscape street buffers for new development along all entryway corridors."
(2.01.02E)
A 35 foot wide landscaped street buffer is proposed as required along W. Overland Road, an
entryway corridor.
For the above-stated reasons, staff is of the opinion the proposed use is consistent with the applicable
comprehensive plan policies noted above and is appropriate in this location.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The pwpose of the residential districts is to provide for a range of
housing opportunities consistent with the Meridian comprehensive plan. Residential districts are
distinguished by the allowable density of dwelling units per acre and corresponding housing types
that can be accommodated within the density range.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the permitted,
accessory, conditional, and prohibited uses in the R-15 zoning district.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-6 for the R-8
zoning district apply to development of this site.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Conditional Use Permit (CUP): A CUP is requested to construct an ACHD park and ride lot in
the R-8 zoning district. A CUP is required for public/quasi-public uses in the R-8 zoning district
per UDC Table 11-2A-2.
The purpose of the facility is to allow commuters of the surrounding area access to alternative
modes of transit via carpooling, vanpooling, and/or bus service.
There are two other similar park and ride facilities in the City located at the northeast corner of S.
Meridian & Overland Roads and off S. Rackham Way at the northeast corner of S. Eagle &
Overland Roads.
Site Plan: A site plan was submitted as shown in Exhibit A.2 that depicts street buffers,
sidewalks, parking, drive aisles and storm drainage.
Landscaping: A landscape plan was submitted as shown in Exhibit A3 that depicts street buffer,
perimeter and parking lot landscaping. All required landscape areas should be at least 70%
covered with vegetation at maturity with mulch used under and around plants unless water
conserving designs are approved by the Director.
A minimum 35-foot wide street buffer is required along Overland Road, an arterial street and
entryway corridor; and a minimum 25-foot wide street buffer is required along N. Ten Mile Road,
an arterial street, as proposed. Landscaping within the buffers is required to comply with the
standards listed in UDC 11-3B-7C.
ACHD Park & Ride Lot CUP-13-016 PAGE 4
EXHIBIT A
Parking lot landscaping is required in accord with the standards listed in UDC l 1-3B-8C. A
planter island is required at the end of each row of parking and should be planted with one tree
(or two trees if a double row of parking) and vegetative groundcover. A planter island should be
added at the end of the row of handicap parking.
Access: One access to this site is proposed via W. Overland Road, an arterial street. Access via a
local street is not available. A 30-foot wide "potential future connection" is shown on the site
plan at the east boundary and is not proposed to be improved with an asphalt surface.
Parking: A total of 99 parking spaces are depicted on the site plan including handicap accessible
and van spaces. Based on the munber of parking spaces proposed, a minimum of 4 bicycle
parking spaces are required to be provided per UDC 11-3C-6G in accord with the standards listed
in UDC 11-3C-SC. Two bike boxes are shown on the plan; these are required to comply with the
aforementioned standards. A detail demonstrating compliance with these standards should be
submitted with the Certificate of Zoning Compliance application.
Sidewalks: Five foot wide detached sidewalks are required to be constructed along S. Ten Mile
and W. Overland Roads in accord with UDC 11-3A-17 as shown on the site plan.
Lighting: Thirty foot tall light poles with full cutoff and shielded optics are proposed within the
parking lot. All outdoor lighting proposed on the site is required to comply with the standards
listed in UDC 11-3A-1 1. A photometric report is required to be submitted with the Certificate of
Zoning Compliance application; the effective zone of light shall not trespass on abutting
residential properties in accord with UDC 11-3A-11C.
Pressurized Irrigation: The UDC (1 l -3A 15) requires each development to provide
underground, pressurized irrigation (PI) water. The applicant proposes to use City domestic
water for irrigation. City water may only be used if the property does not have water rights
in an existing irrigation district and should be the last option for providing irrigation water.
The applicant should present documentation accordingly if a waiver to this requirement is
requested.
Storm Drainage: The site plan depicts storm water basins for drainage on the site (see Exhibit
A.2). These basins should be constructed in accord with the standards listed in UDC 11-3B-11C
and per ACHD standards. If swales are located in a required landscape area they should be
vegetated with grass or other appropriate plant materials; rock is not permitted on the surface
unless designed as a dry creek bed or other design feature.
Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted to the
Planning Division for approval of the use and improvement of the site as proposed with this
application prior to commencement of the proposed use.
B. Staff Recommendation: Staff recommends approval of the proposed CUP with the conditions
listed in Exhibit B.
X. EXHIBITS
A. Drawings
1. Vicinity & Aerial Map
2. Site Plan (dated: l 1/26/13)
3. Landscape Plan (dated: 11/26/13)
B. Conditions of Approval
ACHD Park & Ride Lot CUP-]3-o16 PAGE 5
EXHIBIT A
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Required Findings from Unified Development Code
ACHD Park & Ride Lot CUP-13-016 PAGE 6
EXHIBIT A
Exhibit A. l : Vicinity & Aerial Map
AC1~D Park & Ride Lot CUP-13-016 PAGE 7
EXHIBIT A
Exhibit A.2: Site Plan (dated: 11/26/13)
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Project Number: 63049 Protect Title: Ten Mile b Overland Park and Rida Lot Sh ry,,,,,'
eet 1 of 3
ACHD Park & Ride Lot CUP-13-016 PAGE 8
EXHIBIT A
Exhibit A.3: Landscape Plan (dated: 11/26/13)
ACHD Park & Ride Lot CUP-13-016 PAGE 9
EXHIBIT A
B. Conditions of Approval
1. PLANNING DEPARTMENT
I.1 A storm drainage system shall be provided on the site in accord with UDC 11-3A-18 and shall
comply with the standards listed in UDC 11-3B-11C.
1.2 The landscape plan shown in Exhibit A3 shall be revised to comply with the standards noted in
Section IX.
l .3 Prior to commencement of the proposed use, a Certificate of Zoning Compliance application is
required to be submitted to the Planning Division for approval of the change in use and
improvement of the site as proposed in Exhibit A.2. Design review is not required.
1.4 The Applicant shall have a maximum of two (2) years to commence the 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-SB-6F.
1.5 Staff's failure to cite specific ordinance provisions or terms of the approved conditional use does
not relieve the applicant of responsibility for compliance.
1.6 The applicant shall complete all required improvements prior to commencement of the use.
2. PUBLIC WORKS DEPARTMENT
2.1 The development shall provide underground, pressurized irrigation (PI) water in accord with
UDC 11-3A15, unless otherwise approved by the City Engineer.
3. FIRE DEPARTMENT
3.1 The Fire Department has no concerns with this application.
4. POLICE DEPARTMENT
4.1 The Police Department has no comment on this application.
5. REPUBLIC SERVICES
5.1 Republic Services has no comments on this application.
6. PARKS DEPARTMENT
6.1 The Parks Department has no comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
As ACHD is the applicant, they did not submit comments on this application.
ACHD Park & Ride Lot CUP-13-016 PAGE ]0
EXHIBIT A
C. Required Findings from Unified Development Code
Conditional Use Permit (UDC ll-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.
The Commission finds that the subject property is large enough to accommodate the proposed
park and ride facility and comply with the development regulations of the R-8 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.
The Commission finds that the proposed use is consistent and harmonious with the UDC and
Comprehensive Plan Future Land Use Map designation of Civic 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.
The 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.
The 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.
The 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.
Because the applicant will be financing any improvements required for development, the
Commission finds there will not be excessive additional requirements at public cost and that
the proposed use will not be detrimental to the community's economic welfare.
ACHD Park & Ride Lot CUP-13-016 PAGE, 11
EXHIBIT A
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.
The 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.
The Commission finds that there should not be any health, safety or enviromnental problems
associated with the proposed use. Further, the Commission finds that the proposed use will
not result in the destruction, loss or damage of any nah-ral, scenic or historic feature of major
importance.
ACHD Park & Kide Lot CUP-13-016 PAGP 8