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HomeMy WebLinkAbout2009 06 16 RS Discretionary Use Jehovah's Witness MEMOMEMORANDUM CITY OF SPRINGFIELD DATE OF HEARING: June 16, 2009 TO: Springfield Planning Commission PLANNING COMMISSION TRANSMITTAL FROM: Steve Hopkins, Planner II MEMORANDUM SUBJECT: DRC2009-00016, East Congregation of Jehovah’s Witnesses ISSUE The applicant is proposing a church in the LDR zone. In accordance with SDC 3.2-210, this requires a Discretionary Use application and a Site Plan Review application. If the Planning Commission approves this DU, the applicant will submit the Site Plan Review. DISCUSSION The proposal includes a 4,900 sf single-story building, a parking lot for 79 cars and 8 bicycles, and a fence around the perimeter of the site. As of the date of this memo, no public comments have been received. The Development Review Committee met on May 26 to review the application. The following comments are from that meeting: • Traffic: Based on comments from Transportation Planning, the church will add 180 vehicle trips on Sundays and 45 trips on week days. This will be an insignificant impact to S 42nd Street. • Parking: The proposed number of vehicle and bicycle parking spaces complies with SDC 4.6-100. In the parking lot, a curb, fence or other barrier should be installed to prevent parking in the unimproved area marked “future expansion”. This has been included as a condition of approval. • Fire: Based on comments from the Deputy Fire Marshal, either a second fire hydrant or an automatic fire sprinkler system may be required, depending on the type of construction of the building. The specific requirements will be determined during the site plan review. • Utilities: Based on comments from Public Works Engineering, the storm and sanitary sewers have adequate capacity to serve the proposed development. SUB has requested a 7’ easement along the frontage, in compliance with SDC 4.3-140(A). • Landscaping: At least 25% of the site is landscaped, in compliance with SDC 4.7-130. RECOMMENDATION Staff recommends approval of the Discretionary Use, subject to the conditions of approval attached to the staff report as Exhibit “A”. The attached order reflects that recommendation. If the Commission chooses to deny the application, the findings, conclusions and the order will need to be revised to support that decision. In that case, the Commission should close the hearing and move the item to the next public hearing (July 7). The revised findings, conclusions and order will be presented to the Commission on that date. ACTION REQUESTED The Commission should take public testimony and determine if the church is an appropriate use at this site, pursuant to the Discretionary Use criteria contained in SDC 5.9-120. The Commission has three options: 1. approve as recommended, or 2. approve but add/modify conditions based on testimony at the hearing, or 3. deny the application. ATTACHMENTS Attachment 1: Staff report containing findings of fact and conclusions law to support approval of the application. Attachment 2: Applicant’s statement, plot plan and building elevations. Attachment 3: Order for approval of the application. DRC2009-00016 East Congregation of Jehovah’s Witnesses Page 1 STAFF REPORT: East Congregation of Jehovah’s Witnesses Hearing Date: June 16, 2009 Project Proposal: Discretionary Use for a Church Case Number: DRC2009-00016 Project Location: 885 S. 42nd Ave Property size: 1.8 acres Base Zone: LDR (Low Density Residential) Zone Overlay District(s): none Metro Plan Designation: Low Density Residential Application Submitted Date: April 22, 2009 Staff: Steve Hopkins, AICP Applicant Representative Land Owner East Congregation of Jehovah’s Witnesses 251 N 51st Ave Springfield, OR 97477 Thomas Pavia Jr. Poage Engineering 990 Obie St Eugene OR 97401 Steven Jackson 3099 Kentwood Eugene OR 97401 Summary The applicant is proposing a church in the LDR zone. In accordance with SDC 3.2-210, this requires a Discretionary Use application and a Site Plan Review application. If the Planning Commission approves the DU, the applicant will submit a Site Plan Review application that will be reviewed by the Director. The proposal includes a 4900 sf building, a parking lot for 79 cars and 8 bicycles and a fence around the perimeter of the site. • Traffic: Based on comments from Transportation Planning, the church will add 180 vehicle trips on Sundays and 45 trips on week days. This will be an insignificant impact to S 42nd Street. • Parking spaces: The proposed number of vehicle and bicycle parking spaces complies with SDC 4.6-100. In the parking lot, a curb, fence or other barrier should be installed to prevent parking in the unimproved area marked “future expansion”. • Parking lot: The parking lot must be setback 15’from the property line unless sufficient buffering is provided. The buffering must be a 6’ high solid wood fence or similar barrier, unless testimony is submitted at the hearing that requests a more significant buffering or setback. • Fire: Depending on the type of construction, either a second fire hydrant or an automatic fire sprinkler system may be required. The specific requirements will be determined during the site plan review. Attachment 1, Page 1 of 8 DRC2009-00016 East Congregation of Jehovah’s Witnesses Page 2 • Utilities: Based on comments from Public Works Engineering, the storm and sanitary sewers have adequate capacity to serve the proposed development. SUB has requested a 7’ easement along the frontage, in compliance with SDC 4.3-140(A). The Commission should take public testimony and determine if the church is an appropriate use at this site. The Commission has three options: 1. approve as recommended, or 2. approve but add/modify conditions based on testimony at the hearing, or 3. deny the application. Staff recommends approval of the Discretionary Use, subject to the conditions of approval attached as Exhibit A. Attachment 1, Page 2 of 8 DRC2009-00016 East Congregation of Jehovah’s Witnesses Page 3 Procedural Findings: • Notice of the public hearing was sent to adjacent property owners/occupants within 300 feet of the subject site on May 27, 2009. The applicant and parties submitting testimony at the public hearing have appeal rights and are mailed a copy of this decision for consideration. • Notification was published in the Register Guard on May 31, 2009. • On May 26, 2009, the City’s Development Review Committee reviewed the application. The City staff’s comments have been reduced findings in this report. 5.9-120 Discretionary Use Approval Criteria A Discretionary Use may be approved only if the Planning Commission or Hearings Official finds that the proposal conforms with the Site Plan Review approval criteria specified in Section 5.17-125, where applicable, and the following approval criteria: A. The proposed use conforms with applicable: 1. Provisions of the Metro Plan; 2. Refinement plans; 3. Plan District standards; 4. Conceptual Development Plans or 5. Specific Development Standards in this Code; SDC 4.7-130 Churches A. Churches shall have a landscaped front yard setback of 15 feet and landscaped side and rear yard setbacks of 20 feet. EXCEPTION: The landscaped setbacks for parking lots and driveways may be reduced to 5 feet when the Director determines that adequate buffering has been provided. B. A minimum of 25 percent of the lot/parcel shall be landscaped. C. Churches shall abut an arterial or collector street. Finding: The site is zoned LDR (Low Density Residential) Zone and is designated LDR by the Metro Plan. There is no applicable refinement plan. Finding: In accordance with SDC 3.2-210, a church in the LDR zone requires a Discretionary Use application and a Site Plan application. If the Planning Commission approves the DU, the applicant will submit a site plan. The site plan must comply with the Springfield Development Code as well as any conditions of the DU. Condition of Approval: The site plan shall comply with all conditions of the Discretionary Use. Finding: The proposal must comply with the Specific Development Standards contained in SDC 4.7-130. The building complies with the 15’ front and 20’ side and rear yard setbacks. At least 25% of the site is landscaped and the site abuts S 42nd Street, an arterial. However, the parking lot must also comply with the 15’ front and 20’ side and rear yard setbacks, unless adequate buffering is provided. Adequate buffering will reduce the impact of the noise and light Attachment 1, Page 3 of 8 DRC2009-00016 East Congregation of Jehovah’s Witnesses Page 4 associated with the parking lot from impacting the adjacent homes. This typically requires a solid 6’ fence. Although there is a 6’ wood fence on the northern property line, there is only a 4’ chain link on the eastern property line. The applicant will need to maintain a 15’ landscaped setback there, or install a 6’ solid wood fence or similar barrier. Condition of Approval: To comply with SDC 4.7-130, install a 6’ solid wood fence or comparable barrier, or move the parking lot meet the 15’ setback. Finding: The landscape shed at the NE corner of the site does not appear to meet the 15’ setback. Conclusion: As conditioned, the proposal complies with SDC 519-120(A). B. The site under consideration is suitable for the proposed use, considering: 1. The location, size, design and operating characteristics of the use (operating characteristics include but are not limited to parking, traffic, noise, vibration, emissions, light, glare, odor, dust, visibility, safety, and aesthetic considerations, where applicable); 2. Adequate and safe circulation exists for vehicular access to and from the proposed site, and on-site circulation and emergency response as well as pedestrian, bicycle and transit circulation; 3. The natural and physical features of the site, including but not limited to, riparian areas, regulated wetlands, natural stormwater management/drainage areas and wooded areas shall be adequately considered in the project design; and 4. Adequate public facilities and services are available, including but not limited to, utilities, streets, storm drainage facilities, sanitary sewer and other public infrastructure. Finding: According to the local wetlands inventory, there are no identified wetlands on this site. Finding: Sanitary sewer is within 100 feet of the site. The storm sewer is approximately 150 feet from the site. Based on the comments from PW Engineering, there are no capacity issues. Finding: Comments from PW Engineering: “All the issues for this project are as summarized in the Pre-Submittal application. There are sufficient storm and sanitary services available to serve this project. The applicant’s engineer submitted a storm water analysis that is acceptable but there were a few completeness items regarding stamping of plans, PUE, private sanitary line connections, and the need for a licensed professional to design the proposed rain garden. For Public Works, the site does appear acceptable to support this use.” Finding: The Springfield Utility Board has requested a 7’ public utility easement along the street frontage. This will be a condition of approval and will be implemented during the site plan review. This request is supported by SDC 4.3-140, which requires a minimum 7’ PUE along the frontage of a public right-of-way. Condition of Approval: Dedicate a 7’ public utility easement along the frontage of S 42nd Street. Prior to occupancy, submit a copy of the recorded easement. Finding: The church has frontage on 42nd street which is classified as an arterial street. The church is expected to generate 45 weekday vehicle trips and 180 trips on Sunday. South 42nd Attachment 1, Page 4 of 8 DRC2009-00016 East Congregation of Jehovah’s Witnesses Page 5 Street carries approximately 13,000 vehicles each day and the additional trips are not expected to have any significant impact. Finding: The site contains two access points. The northern access will be closed and the southern access will be widened. This will reduce the number of curb cuts onto an arterial street, which is encouraged. Finding: Comments from the Springfield Fire Marshal’s Office: “No fire department comments at this time. Springfield Fire Marshal’s Office will provide further comments at site plan review.” Finding: Supplemental comments from the Springfield Fire Marshal’s Office: “It was noticed that the proposed building is to be 4,900 sq. ft. There appears to be only one fire hydrant shown on the site plan. Applicant will need to add a second fire hydrant, upgrade construction to a level higher than light weight wood construction (Type V-B in the 2007 Oregon Structural Specialty Code) or provide a fully automatic sprinkler system meeting 2007 NFPA 13 requirements.” This is a “heads up” comment for the benefit of the applicant. It will be resolved during the site plan review. Finding: The development site is located on the east side of 42nd Street approximately 800 feet north of the roundabout. 42nd Street is a minor arterial paved for 46 feet of the existing 70 feet of right of way. The street is improved with asphalt paving, curb/gutter, sidewalks and street lighting, which support multi-modal travel. Estimated traffic volume on 42nd Street is approximately than 13,000 vehicles per day. Finding: Based on ITE Land Use Code 560 (Church) the proposed site use would generate vehicle trips onto the surrounding street system as follows: Weekday Sunday Peak Hour of use 5 58 Daily 45 180 In addition, assumed development may generate pedestrian and bicycle trips. According to the “Household” survey done by LCOG in 1994, 12.6 percent of household trips are made by bicycle or walking and 1.8 percent are by transit bus. These trips may have their origins or destinations at a variety of land uses, including this site. Pedestrian and bicycle trips create the need for sidewalks, pedestrian crossing signals, crosswalks, bicycle parking and bicycle lanes. Finding: As conditioned below existing and planned transportation facilities would be adequate to accommodate additional vehicular and pedestrian traffic generated by development on the proposed new parcel in a safe and efficient manner. Site Access and Circulation Finding: Installation of driveways on a street increases the number of traffic conflict points. The greater number of conflict points increases the probability of traffic crashes. SDC 32.080(1) (a) stipulates that each parcel is entitled to “an approved access to a public street.” Finding: The submitted site plan shows the access to the site via a 26 foot wide driveway. This could be increased up to 35 feet according to SDC Table 4.2-2. A wider driveway would take traffic off of 42nd Street more quickly, and therefore more safely and efficiently. Attachment 1, Page 5 of 8 DRC2009-00016 East Congregation of Jehovah’s Witnesses Page 6 Finding: The submitted site plan does not show adequate turn around space at the south ends of parking aisle. Condition of Approval: Provide turning templates with the submittal of the Site Plan Review for this project that show a safe passenger vehicle turnaround in the southern sections of the parking lot without encroaching into the parking stalls. Condition of Approval: Provide and maintain adequate vision clearance triangles at the corners of all site driveways per SDC 32.070. Conclusion: As conditioned, the proposal complies with SDC 519-120(B). C. Any adverse effects of the proposed use on adjacent properties and on the public can be mitigated through the: 1. Application of other Code standards (including, but not limited to: buffering from less intensive uses and increased setbacks); 2. Site Plan Review approval conditions, where applicable; 3. Other approval conditions that may be required by the Approval Authority; and/or 4. A proposal by the applicant that meets or exceeds the cited Code standards and/or approval conditions. Finding: To the north and east are five single-family homes on lots ranging from .14 to .50 of an acre. To the south is a vacant 2-acre parcel. Finding: The parking lot will contain 79 car spaces and 8 bicycle spaces. Areas such as the area marked “future expansion” are commonly used as unimproved overflow parking areas; however, SDC 4.6-140(A) requires all parking areas to be improved with a durable, dust free surfacing of Asphaltic concrete or Portland cement concrete. Because of this, staff recommends a condition that requires a curb or fence to prevent parking on the unimproved area. Condition of Approval: The area marked “future expansion” shall contain a curb, fence or other barrier to prevent its use as a parking area. Conclusion: As conditioned, the proposal complies with SDC 519-120(C). D. Applicable Discretionary Use criteria in other Sections of this Code: 1. Wireless telecommunications systems facilities requiring Discretionary Use approval are exempt from Subsections A.—C., above but shall comply with the approval criteria specified in Section 4.3-145. 2. Alternative design standards for multifamily development are exempt from Subsections A.—C., above but shall comply with the approval criteria specified in Section 3.2-245. 3. Fences requiring Discretionary Use approval are exempt from Subsections A.— C., above but shall comply with the approval criteria specified in Section 4.4-115C. 4. The siting of public elementary, middle and high schools requiring Discretionary Use approval is exempt from Subsections A.—C., above but shall comply with the approval criteria specified in Section 4.7-195. Attachment 1, Page 6 of 8 DRC2009-00016 East Congregation of Jehovah’s Witnesses Page 7 Finding: The proposal does not include a wireless telecommunication system, a multi-family development, a public school, or a fence requiring Discretionary Use approval. Conclusion: SDC 5.19-120(D) is not applicable to the proposal. Determination: Based on the findings of fact, conclusions of law and the evidence in the record, the Director determines the proposal complies with the Discretionary Use criteria contained in SDC 5.9-120, subject to the conditions of approval attached as Exhibit A. Attachment 1, Page 7 of 8 DRC2009-00016 East Congregation of Jehovah’s Witnesses Page 8 Exhibit A Conditions of Approval Condition 1: The site plan shall comply with all conditions of the Discretionary Use. Condition 2: To comply with SDC 4.7-130, install a 6’ solid wood fence or comparable barrier, or move the parking lot meet the 15’ setback. Condition 3: Dedicate a 7’ public utility easement along the frontage of S 42nd Street. Prior to occupancy, submit a copy of the recorded easement. Condition 4: Provide turning templates with the submittal of the Site Plan Review for this project that show a safe passenger vehicle turnaround in the southern sections of the parking lot without encroaching into the parking stalls. Condition 5: Provide and maintain adequate vision clearance triangles at the corners of all site driveways per SDC 32.070. Condition 6: The area marked “future expansion” shall contain a curb, fence or other barrier to prevent its use as a parking area. Attachment 1, Page 8 of 8 Attachment 2, Page 1 of 4 Attachment 2, Page 2 of 4 Attachment 2, Page 3 of 4 Attachment 2, Page 4 of 4 Planning Commission Order DRC2009-00016 June 16, 2009 Page 1 of 1 BEFORE THE PLANNING COMMISSION OF THE CITY OF SPRINGFIELD A DISCRETIONARY USE HEARING FOR ( A CHURCH ( ( Case Number: DRC2009-00016 ( FINDINGS, CONCLUSION AND ORDER ( NATURE OF THE APPLICATION East Congregation of Jehovah’s Witnesses submitted an application to construct a church located at 882 S. 42nd Street. The Springfield Development Code (SDC) Section 3.2-210 lists “Churches” as a discretionary use in the LDR (Low Density Residential) zoning district, requiring action by the Planning Council to approve. 1. The application conforms to the provisions of Section 5.9-115 of the Springfield Development Code. Timely and sufficient notice of the public hearing, pursuant to Section 5.1-135 of the Springfield Development Code was provided. 2. On June 16, 2009, a public hearing on the proposed use was held. The Development Services staff notes, including criteria of approval, findings, and recommendations, together with the testimony and submittals of those persons testifying at the hearing or in writing, have been considered and are part of the record of this proceeding. CONCLUSION The proposed church is presented for approval as a discretionary use under SDC Section 3.2-210 “Churches” in the LDR (Low Density Residential) zoning district. On the basis of this record, the requested discretionary use is consistent with the criteria of approval of Section 5.9-120 of the Development Code. This general finding is supported by the specific findings of fact and conclusion in the Staff Report that is attached hereto. DECISION OF THE PLANNING COMMISSION It is the DECISION of the Planning Commission of Springfield that Journal Number DRC2009-00016, Discretionary Use, be approved with conditions. This DECISION was presented to and approved by the Planning Commission on June 16, 2009. __________________________________ Planning Commission Chairperson ATTEST: AYES: _____ NOES: _____ ABSENT: _____ ABSTAIN: _____ Attachment 3, Page 1 of 1