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• • • Mr. Jeff Smyser July 27, 2006 Page 3 future lands uses of the area. c. The proposed development application conforms to performance standards herein and other applicable City Codes. d. Traffic generated by a proposed development application is within the capabilities of the City. e. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. f. Will not result in the destruction, Toss, or damage of a natural scenic or historic feature of major importance. In considering whether or not to approve or deny a CUP application, a city council must rely on the standards found in the zoning ordinance. A municipality's decision to grant or deny a conditional use permit is a quasi - judicial decision that should be afforded great deference. A municipality's denial of a conditional use permit requires both a factual determination about the proposed use and an exercise in discretion in determining whether to permit the use. Once an applicant meets the requirements for granting a conditional use permit, approval of a permitted use follows as a matter of right. Citizens for a Balanced City v. Plymouth Congressional Church, 672 N. W.2d 13. In the original development, the Council made specific findings that when the commercial improvements were completed the traffic generated would be within the capabilities of the streets serving the property. The question now raised is whether the construction of the drive through will change that determination by the City Council. The original traffic study done on August 7, 2003 by the City consulting engineers TKDA concluded that while the proposed development would add traffic to the adjacent roadways, the roadways would be able to handle the increased traffic with little or no problems with the proposed improvements to Hodgson Road and Birch Street. A subsequent inquiry of the traffic consultant for evaluation of the effects of the drive through resulted in their verbal opinion that the activities of a drive through facility would not substantially change their opinion of 2003. In Yang