HomeMy WebLinkAbout2005-135 Findings - Unitarian
BEFORE THE CITY COUNCIL
FOR THE CITY OF ASHLAND
STATE OF OREGON
May 3, 2005
IN THE MATTER OF PLANNING ACTION #2004-150, A REQUEST FOR
A CONDITIONAL USE PERMIT TO MODIFY A NON-CONFORMING SITE
BY CONSTRUCTING AN APPROXIMATELY 3,837 SQUARE FOOT ADDITION
TO THE EXISTING UNITARIAN CHURCH BUILDING LOCATED AT
87 FOURTH STREET. THE ADDITION WILL ACCOMMODATE A SOCIAL
HALL, KITCHEN, RESTROOMS AND STORAGElMAINTENANCE SPACE.
IN ADDITION, THE CONDITIONAL USE PERMIT REQUEST INCLUDES THE
USE OF THE RESIDENCE LOCATED AT 65 FOURTH STREET FOR
MEETING SPACE, AND USE OF THE BACKYARD AS A PLAYGROUND.
APPLICANT: Unitarian Universal Fellowship Church
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) FINDINGS,
) CONCLUSIONS
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RECITALS:
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1) Tax lots 100 and 200 of 39 IE 09BD are located at 87 Fourth Street and 65 Fourth Street and are
zoned R-2; Low Density Multi-Family Residential.
2) The applicant is requesting a Conditional Use Permit to construct a 3,837 square foot social hall addition to
the existing church building and to use the residence at 65 Fourth Street for a meeting space with a playground
in the back yard. Site improvements are outlined on the plans on file at the Department of Community
Development.
3) The criteria for a Conditional Use Permit are described in Chapter 18.104 as follows:
A. That the use would be in conformance with all standards within the zoning district in which the
use is proposed to be located, and in conformance with relevant Comprehensive plan policies that
are not implemented by any City, State, or Federal law or program.
B. That adequate capacity of City facilities for water, sewer, paved access to and through the
development, electricity, urban storm drainage, and adequate transportation can and will be
provided to and through the subject property.
C. That the conditional use will have no greater adverse material effect on the livability of the impact
area when compared to the development of the subject lot with the target use of the zone. When
evaluating the effect of the proposed use on the impact area, the following f:tctors of livability of
the impact area shall be considered in relation to the target use of the zone:
1. Similarity in scale, bulk, and coverage.
2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle,
and mass transit use are considered beneficial regardless of capacity of facilities.
PA 2004-150
May 3, 2005
Page 1
3. Architectural compatibility with the impact area.
4. Air quality, including the generation of dust, odors, or other enviromnental pollutants.
5. Generation of noise, light, and glare.
6. The development of adjacent properties as envisioned in the Comprehensive Plan.
7. Other factors found to be relevant by the Hearing Authority for review of the proposed
use.
4) The Council, following proper public notice, held a Public Hearings on April 19, 2005 and May 3,
2005 at which time testimony was received and exhibits were presented. The record made before the
Planning Commission was received and is made a part of the record for this proceeding. The Council
approved the application subject to conditions pertaining to the appropriate developnlent of the site.
Now, therefore, the City Council of the City of Ashland finds, concludes and recommends as follows:
SECTION 1. EXHIBITS
F or the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will
be used.
Staff Exhibits lettered with an "S"
Proponent's Exhibits, lettered with a "P"
Opponent's Exhibits, lettered with an "0"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M"
SECTION 2. CONCLUSORY FINDINGS
2.1 The Council finds that it has received all information necessary to make a decision based on the
Staff Report, public hearing testimony and the exhibits received.
2.2The Council finds that the use would be in conformance with all standards ,within the R-2 zoning
district, and is in conformance with relevant Comprehensive Plan policies. Churches and similar
religious institutions are a conditional use in the R-2 Multi-Family Residential Zoning District. The
existing building is a non-conforming structure in that the side and front yard setbacks are less than
is required in the R-2 Zonings District. However, the proposed addition nleets the setback and
building height requirements of the zoning district. Council received commt::nt from the appellant
that contended that the current church building is a nonconforming structure, and that according to
ALUO 18.68.090 ''Nonconforming Uses and Structures," no expansion oftht~ structure is allowed.
The Council rejects this argument and reads ALUO 18.68.090(A)(2) to specifically allow a
nonconforming structure to be enlarged or extended.
2.3The Council finds that the off-street parking requirement for the church is not changed by the
proposed social hall addition and use of the property located at 65 Fourth Street for secondary
church activities, and therefore is not required to be brought up to current parking standards.
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May 3, 2005
Page 2
The site is considered non-conforming because the existing and proposed amount of off-street
parking is less than that required by ordinance. The parking requirements: for a church is "one
space per four seats" as outlined in 18.92.020.D.2 of the Ashland Land Use Ordinance
(ALUO), and this has been interpreted as being based on the number of sc~ats in the sanctuary.
The application states there are currently 108 seats in the sanctuary whi,ch results in twenty-
seven spaces being required for the church. Currently, the subject property has fourteen
parking spaces, which includes six spaces adjacent to the alley and eight on-street parking
credits. The proposal is to provide a total of nineteen spaces, including the addition of five
off-street parking spaces at the rear of the residential lot. The Council finds that the addition
of five spaces is an improvement in the non-conforming parking situation given that the
sanctuary will not be expanded. A property that is a non-conforming sit(~ because it does not
meet the requirements for off-street parking may be expanded as long as there will be no
additional demands made for parking, or such additional demands are nlitigated by creating
additional off-street parking equal to or greater than the demand th~~ proposed addition
creates. The Council finds that the proposed expansion of the church is allowed, even though
a parking deficiency would remain. The existing parking deficiency does not prohibit the
Council from approving a Conditional Use Permit where the propos(~d addition will not
increase parking demands. The impacts of the proposal will not create additional parking
demand because the sanctuary capacity is not increased, and the proposed social hall will not
be used simultaneously with the sanctuary. The proposal to provide additional parking,
combined with the condition to restrict simultaneous use of the sanctuary and the social hall,
will improve the parking impacts associated with the subject property. In order to limit the
impact of parking, a condition that the seating of the sanctuary be limited to 108 seats shall be
imposed.
2.4The Council finds that adequate capacity of City facilities for water, sevver, paved access to
and through the development, electricity, urban storm drainage, and adequate transportation
can and will be provided to and through the subject property. City water and electric exist in
the C Street right-of-way and have available capacity to serve the proje(;t. City facilities for
sanitary sewer is available in the Fourth Street right-of-way and have available capacity to
serve the project. C and Fourth streets front the property and are inlproved city streets.
Sidewalks are in place along the sites Fourth Street ffontage, and the deteriorated sidewalk
along the C Street ftontage will be replaced to city standards. Vehicular access is provided to
the site by the alley adjacent to the west property line. Most of the alley adjacent to the site is
paved except for a section adjacent to the site. The proposal is to compl'ete the paving of the
alley.
2.5 The Council finds the proposed social hall addition and use of the residence located at 65
Fourth Street for a meeting space and the backyard for a playground addition will not result in
a greater adverse material effect on the livability of the surrounding area compared to the
target use of the site of nine residential units. The Council finds that the proposed social hall
addition is similar in scale, bulk, and coverage to the structures in the surrounding area, and
architecturally compatible with the impact area. The proposed addition is a traditional style,
and a residentially scaled structure to blend in with the surrounding residential neighborhood.
The addition includes three covered entries facing Fourth Street, C Street and the parking
area. Exterior changes are not proposed to the residence located at 65 Fourth Street. The
application includes number of attendees during a typical light and heavy use week for
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May 3, 2005
Page 3
services and secondary church events on pages 62-64 of the record. The light use week totals
410 attt:mdees and a heavy use week totals 440 attendees. Assuming all attendees drove
separate cars, the number of vehicle trips associated with a light and heavy use week of the
services and secondary church activities would be comparable to the generation of traffic and
effects on surrounding streets as the target use of nine residential units. The assumption that
all attendees will drive separate cars is the most conservative approach given that there are
likely to be families and other attendees who may carpool. Additionally, the subject property
is centrally located in Ashland and is well linked to pedestrian, bicycle and bus facilities. As a
result, some attendees may travel to and rrom the site by non-vehicular nIodes of travel. The
Council finds that the air quality, noise, light and glare impacts on nearby properties of
resulting from the use of the social hall and residence at 65 Fourth StJreet is similar to the
impacts of nine residential units. A nine unit residential development could include an open
space area with a playground which could be used at varying levels of intensity similar to the
proposed playground at the rear of the property located at 65 Fourth Stre:et. The surrounding
area is also located in the R - 2 Zoning District and is largely developed vvith residential units,
and the proposed changes to the site will not create a greater adverse impact to the
developtnent of the adjacent properties than nine residential units.
2.6The Council finds that the level of activities and hours of operation associated with the social
hall addition will be similar to current church activities. The site has bel~n used for a church
for approximately 100-years. Adapting the site to modern-day use is faGed with balancing a
historic non-conforming site with a residential area that has developed around the church use,
and the eurrent land use requirements. Since the social hall addition will not result in a change
in the size of the sanctuary the material effect on the surrounding neighborhood should remain
similar to current levels. Specifically, the associated parking, traffic, noise, light and glare
impacts on the nearby properties should be similar to current operations.
2.7The Council finds that the proposal with the attached conditions of approvaJ meets all applicable
criteria fbr a Conditional Use Permit described in the Conditional Use Permits Chapter 18.104.
SECTION 3. DECISION
3.1 Based on the foregoing findings of facts, conclusions of law and evidence contained in the whole
record, the Council finds and concludes that the application for a Conditional Use Permit to construct a
3,837 square foot social hall addition to the existing church building located at 87 JF ourth Street and to
use the residence at 65 Fourth Street for a meeting space with a playground in the back yard has satisfied
all relative substantive standards and criteria contained within the Ashland Municipal Code.
The Council ultimately concludes, based upon the foregoing and following conditions, that planning
application 2004-150 complies with all requirements of the City of Ashland and of the State of Oregon.
Therefore, the City Council upholds the decision of the Ashland Planning Commission and approves with
conditions planning application 2004-150 and imposes the following conditions.
1) That all proposals of the applicant are conditions of approval unless otherwise modified here.
2) That the plans shall be revised to incorporate the recommendations of the Historic Commission, and
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May 3, 2005
Page 4
shall be reviewed and approved by the full commission prior to issuance for the building permit.
3) That the building colors shall be specified on the building permit submittals.
4) That the recommendations of the Tree Commission shall be incorporated into the final landscaping
plan and shall be submitted to the Plamling Department for review and approval prior to issuance of
the building permit. Landscaping and the irrigation system shall be installed in accordance with the
approved plans prior to issuance of the certificate of occupancy.
5) That an irrigation plan shall be submitted for review and approval by the Staff Advisor with the
building permit submittals.
6) That all requirements of the Ashland Fire Department, including but not limited to installation of fire
hydrants prior to combustible construction and a fire sprinkler system in the: basement, shall be
complied with prior to the issuance of a certificate of occupancy.
7) That a parking easement for tax lot 100 to use the spaces on tax lot 200 shall be recorded prior to
issuance of the certificate of occupancy for the social hall. The parking easement shall be in
accordance with Ashland Engineering Division requirements.
8) The final engineering for the sidewalk improvements including the wheelchair ramps at the corner
shall be reviewed and approved by Ashland Planning and Engineering Divisions prior to installation of
the improvements. The sidewalks shall be installed prior to issuance of the certificate of occupancy.
9) That the alley and parking areas shall be paved in accordance with the site plan dated 11.4.04 prior to
issuance of the certificate of occupancy for the social hall. The final ,engineering for the
improvements shall be reviewed and approved by Ashland Planning and Engineering Divisions prior
to installation of the improvements.
10) That the water service and meter for water and fire protection shall be from tht~ public facility in C
street.
11) That the electric services for both parcels shall be installed underground according to Ashland Electric
Department specifications prior to certificate of occupancy. In addition, both existing meters shall be
relocated according to Ashland Electric Department specifications. If a transfOJmer is required, the
type and location must be reviewed and approved by Ashland Electric Departmc~nt prior to issuance
of a building permit. Transformer location shall be shown on building permit subrnittals.
13 )There shall be no direct illumination of adjacent properties with new exterior lighting installed on site. .
Lighting location and detail shall be included in the building permit submittals. Street lighting in the
public right-of-way shall be in accordance with the City of Ashland pedestrian scale street lighting
standard.
14 )That the tree protection shall be installed according to the approved plan prior to any site work
including storage of materials and grading, and prior to the issuance of the building permit. The tree
protection shall be inspected and approved by the Ashland Planning Department prior to site work,
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May 3, 2005
Page 5
storage of materials and issuance of the building permit.
15)That a Street Tree Removal Permit shall be obtained for the trees in the Fourth Street right-of-way
prior to removal.
16) That street tree:s, 1 per 30 feet of street frontage, shall be installed in accordance with the approved
revised landscape plan prior to issuance of the certificate of occupancy. All street trees shall be
chosen from the adopted Street Tree List and shall be installed in accordance with the specifications
noted in Section E of the Site Design and Use Standards. The street trees shall he irrigated.
17)The six bicycle parking spaces with half covered shall be installed prior to issuancl~ of the certificate of
occupancy. Th(~ inverted u-rack shall be used for the bicycle parking and shall be installed in
accordance with design and rack standards in 18.92.040.1 and J prior to the issuance of the certificate
of occupancy. The building permit submittals shall verify that the bicycle parking space and design
requirements are met in accordance with 18.92.040.1.
18)The plantings in the parkrow shall be grass, ground cover or similar low-growing plantings, and shall
be incorporated into the revised landscaping plan.
19)That the social hall and sanctuary shall not be used simultaneously as stipulated by the applicant.
20)That the use of the sanctuary shall be limited to 108 seats.
CITY OF ASHLAND, OREGON
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By: Kate Jackson, Council Chair
7-<:p{)~os-
Date
PA 2004-150
May 3, 2005
Page 6