HomeMy WebLinkAboutCorrespondence PLANNER 6/16/2009 (2)
MEMORANDUM
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CITY OF SPRINGFIELD
DATE OF HEARING: June 16, 2009
TO: Springfield Planning Commission
FROM: Steve Hopkins, Planner II
SUBJECT: DRC2009-00016, East Congregation of Jehovah's Witnesses
PLANNING COMMISSION
TRANSMITTAL
MEMORANDUM
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.
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SPRINDFIELD
. STAFF REPORT: East Congregation of Jehorah's Witnesses
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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
A licant
East Congregation of Jehovah's
Witnesses
251 N 51" Ave
S rin ield, OR 97477
Re resentative
Thomas Pavia Jr.
Poage Engineering
990 Obie St
Eu ene:OR 97401
Land Owner
Steven Jackson
3099 Kentwood
Eugene OR 97401
Summary
The applicant is proposing a church in the LJ?R 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 instaDed 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.
DRC2009-00016
East Congregation of Jehavah' s Witnesses
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ATTACHMENT 1 - 1
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. Utilities; Based on comments from Pu~lic 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.
DRC2009-00016
East Congregation of Jehovah's Witnesses
Page 2
ATTACHMENT 1 - 2
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Procedural Findings:
. Notice of the public hearing was sentito adjacent property owners! occupants withirl300
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 refinem~t 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 plim 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 b;tifering will reduce the impact of the noise and light
DRC2009-00016
East Congregation of Jehovah's Witnesses Page 3
ATTACHMENT 1 - 3
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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 ~pplicant will need to maintain a 15' landscaped
setback there, or install a 6' solid wood fenc~ 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 comer 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 suitaple for the proposed use, considering:
1. The location, size, design and operating characteristics of the use (operating
characteristics include but are not li~ted to parking, traffic, noise, vibration,
emissions, light, glare, odor, dust, visibility, safety, and aesthetic considerations,
where applicab'le); ,
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 managemenVdrainage 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 pu.blic
infrastructure.
Finding: According to the local wetlari.ds inventory, there are no identified wetlands on this
site.
Finding: Sanitary sewer is within 100 feet of the site. The storm sewer is approxirllittely 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 ftontage of S 42nd Street.
Prior to occupancv, submit a copv 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
DRC2009-00016
East Congregation o!Jehovah's Witnesses
Page 4
ATTACHMENT 1 - 4
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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
. "
reVleW.
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 ~ second fire hydrant, upgrade construction to a
level higher than light weight wood construction (Type V -Bin the 2007 Oregon Structural
Specialty Code) or provide a fully automatic sprinkler system meeting 2007 NFP A 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 lTE 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 genrrate 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 ~ 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
tr'!ffic off of 42nd Street more quickly, and therefore more safely ~d efficiently.
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East Congregation of Jehovah's Witnesses Page 5
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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 proiect that show a safe passenger vehicle turnaround iri the southern sections of the
]?arking-lot without encroaching into the parking stalls. .
Condition of Approval: Provide and maintain adequate vision clearance triangles at the comers
of all site driveways per SDC 32.070.
Conclusion: As conditioned, the proposal complies with SDC 519-120(B).
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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 st.\ndards (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 trat meets or exceeds the cited Code standards
and/or approval conditions.
Finding: To the north and east are five singli~-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 SDC519-120(C)..
D. Applicable Discretionary Use criteria in other Sections of this Code:
1. Wireless telecommunications systems facilities requiring Discretionary Use.
approval are exempt from SubsectiC?ns 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.
DRC2009-00016
East Congregation of Jehovah's Witnesses
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Finding: The proposal does not include a wireless telecommunication system, a mul.ti-family
development, a public school, or a fence requjring Discretionary Use approval.
Conclusion: SDC 5.19-120(D) is not applicabi~ 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.
DR C2 009-00016
. East Congregation o!Jehovah's Witnesses
Page 7
ATTACHMENT 1 - 7
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Exhibit A
Conditions of Approval
Condition 1: The site plan shall comply v:rith 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 SDC32.070.
Condition 6: The area marked "future expansion" shall contain a curb, fence or other barrier
to prevent its use as a parking area.
DRC2009-00016
East Congregation of Jehovah's Witnesses
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ATTACHMENT 1 - 8
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DISCRETIONARY USE CRITERIA
FOR
EAST CONGREGATION OF JEHOV AHS WITNESSES
Map 18-02-05-21, Tax Lot 8700
SDC 5.9-120 NARRATIVE
The property proposed for development is currently owned by Steve Jackson, The property
currently has one single family dwelling on it and three existing storage sheds on site to be
removed, The applicant proposes to build a new 4900 square foot religious facility which
contains 177 seats in the main auditorium and approximately 55 seats in offices and meeting
rooms, Along with the new building the applicant will construct an asphalt parking lot to allow
parking for 79 cars and 8 bicycles, The rem.ainder of the propertY will be landscaped per the
Springfield Development Code with the exception of southeast portion which will be a pervious
surface as shown on the Site Plan, All new landscape areas will be irrigated and maintained, The ,
development of this property as shown on the, Site Plan will be an improvement to the area with a
II1inill1um impact on surrounding facilities, '
SDC 5.9-1:iiJ (A) (1) The subject property is zoned LDR Low Density Residential which is
consistent with low density residential zone designation for the property as shown in the General
Plan Diagram contained in the Eugene-Springfield Metro Plan, Religious Facilities are permitted
uses within low density residential zoned property through the Discretionary Use Permit process
as administered through the City of Springfield Planning Department
SDC 5.9-120 (A) (2) The subject property is not located within an area governed by an existing
, Refinement Plan of the Eugene-Springfield Metro Plan.
SDC 5;9-120 (A) (3) The subject property is llpt located within an area governed by an existing
Refinement Plan of the Eugene-Springfield Metro Plan. Therefore no Plan District standards
apply to this Discretionary Use appl,ication.
SDC 5.9-120 (A) (4) The subject property is 'not located within an area governed by an existing
Refinement Plan of the Eugene-Springfield Metro Plan. Therefore no Conceptual Development
Plans apply to this Discretionary Use application. '
SDC 5.9-120 (A) (5) Religious Facilities are permitted uses within low density residential zoned
property through the Site Plan Review and Discretionary Use Permit process as administered
through the City of Springfield Planning Department
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SDC 5.9-120 (B) (1) The subject properties entire frontage is located on South 42nd Street which
is a fully improved Minor Arterial as designated by the Springfield Conceptual Road Network
Plan. The subject property currently has two accesses from South 42nd Street, the applicant is
proposing to widen the southern most access to 34 feet and remove the access to the north. The
applicant proposes to construct an asphalt parking with 79 parldllg spaces, 3 luminaries, and
landscaping as shown on the Tentative Site Plan.
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ATTACHMENT 2 - 1
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SDC 5.9-120 (B) (2) Adequate and safe circulation to and from the site will be acheived by
widening the existing driveway as shown on the Tentative Site Plan. On-site circulation and
emergency response has been addressed as shown on the Tentative Site Plan.per SDC Fig.4.6-A.
Bicycle parking is provided on-site per SDC Table 4.6-3. As stated above South 42nd Street is a
fully developed mirior collector with sidewalk and bike path along the entire frontage of the .
subject property to allow for adequate circulation of pedestrian and bicycle traffic. The nearest
transit facility is the Thurston station which is located approximately 2.2 miles away on Mairi
Street.
SDC 5.9-120 (B) (3) No wetlands or water courses exist on this site. The subject property is
mostly flat except the southwest corner which' has a low spot that naturally gathers storm water.
This low area lends itself well to be partially filled and utilized to construct a Rairigarden to
capture and treat storm water on-site.
SDC 5.9-120 (B) (4) Adequate public faciliti~s exist for this subject prope~ as follows: There is
an 18" storm pipe is stubbed out beyond the East right of way on South 42n Street and a 8" .
Sanitary Sewer stub. Both the storm and sanitary have adequate elevations to serve the entire
property. Also there is a 6" water mairi out iri South 42nd Street with a service lateral and meter
which currently serves the existirig residence. Power and Co=unications are also located within
the right of way of South 42nd Street along the entire frontage ofthe subject property.
SDC 5.9-120 (C) (1) As shown on the Tentative Site Plan the applicants has met or exceeded all
landscape buffers and setbacks per the applicable sections of the SDC.
SDC 5.9-120 (C) (2) The applicant has attended a pre-submittal meeting for the Site Plan
Review process and will submit a completed Site Plan Review application after approval of the
Discretionary Use Permit. Therefore any and all Site Plan Review conditions will be met with the
. concurrent application process. .
SDC 5.9-120 (C) (3) The City of Springfield plannirig staff/approval authority did not site any
approval conditions other than what was discussed in the pre-submittal meeting PRE2009-00007.
SDC 5.9-120 (C) (4) The applicant has met ot exceeded all standards and conditions of approval
set forth by staff duririg the pre-submittal me~ting dated 3/24/09 PRE2009-00007.
SDC 5.9-120 (D) (1) The applicant is notproposirig anyteleco=unication facilities therefore
this section of the code does not apply to this Discretionary Use Permit application.
SDC 5.9-120 (D) (2) The applicant is not proposing multi-family development therefore this
section of the code does not apply to this Discretionary Use Permit application.
SDC 5.9-120 (D) (3) The applicant will comply with the approval criteria set forth iri SDC
4.4-115 as shown on the Tentative Site Plan. PRE2009-00007. .
SDC 5.9-120 (D) (4) The applicant is not projJOsirig any schools therefore this section of the code
does not apply to.this Discretionary Use Permit application.
"Jut" Heceived: 4 -zA-01
Planner: SH
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B&RE THE PLANNING COMMIS~N
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 .
1
It is the DECISION of the Planning Commission of Springfield that Journal Number DRC2009-000l6,
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:
Planning Commission Order
DRC2009-00016
June 16, 2009
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ATTACHMENjT 3 - 1
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