Si necesita ayuda para comprender esta informacion, por favor 1/ame DECISION OF THE HEARINGS OFFICER

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1 z 0... en - u w c LL 0 w u z May 9, (al Si necesita ayuda para comprender esta informacion, por favor 1/ame DECISION OF THE HEARINGS OFFICER CONDITONAL USE I CLASS 3 SITE PLAN REVIEW I CLASS 2 ADJUSTMENT CASE NO. CU-SPR-ADJ16-03 APPLICATION NO.: ZO, ZO & RP NOTICE OF DECISION DATE: April26, 2016 SUMMARY: A conditional use, site plan review, and zoning adjustment to modify an existing parking area and associated landscaping and screening for a religious assembly. REQUEST: Conditional Use, Class 3 Site Plan Review, and Class 2 Zoning Adjustment application for removal and replacement of existing paving and reconfiguration of a parking area serving an existing religious assembly building in the RS (Single Family Residential) zone and Gaiety Hill/Bush's Pasture Park Historic District and located at 935 High Street SE (Marion County Assessor Map and Tax Lot 073W27CA02500). The Conditional Use is requested to reduce the required setback from 15 feet to 2 feet between vehicle use areas and the abutting RS (Single Family Residential) zone to the south and to eliminate required screening between off-street parking and the abutting RS (Single Family Residential) zone to the south; the Class 2 Zoning Adjustments are required to reduce the required vehicle use area setbacks from 5 feet to 2 feet abutting the RS (Single Family Residential) zone to the south, from 5 feet to 3 feet abutting the south side of the building, and from 5 feet to 1.5 feet abutting the west side of the building. APPLICANT: First Church of Christ, Scientist FILER: Scott Beck, Architect LOCATION: 935 High ST SE CRITERIA: Conditional Use: SRC (d) Class 3 Site Plan Review: SRC (f)(3) Class 2 Adjustment: SRC (d)(2) DECISION: The Hearings Officer APPROVED Conditional Use/Class 3 Site Plan Review /Class 2 Adjustment Case No. CU-SPR-ADJ16-03 subject to the following conditions of approval: Condition 1: The proposed development shall be in substantial conformance with the approved site plan included as Attachment B in the staff report. Condition 2: Existing and proposed landscape areas shall be planted with a minimum of 1 plant unit per 20 square feet of landscape area. A minimum of 40 percent of the required number of plant units shall be a combination of shade trees,

2 CU-SPR-ADJ Page 2 evergreen/conifer trees, or ornamental trees. Condition 3: Where any portion of the existing hedge and/or accessory structure adjacent to the applicant's south property line abutting the RS-zoned property is removed, the applicant shall install a sight-obscuring fence, wall, or hedge that complies with the vision clearance standards of SRC Chapter 805 and screening standards of SRC (e), and the minimum height of 6 feet shall be measured from the paved surface of the adjacent parking and vehicle use area. Condition 4: Where no hedge and/or accessory structure exists adjacent to the western section of the applicant's south property line abutting the RS-zoned property, the applicant shall install a sight-obscuring fence, wall, or hedge that complies with the screening standards of SRC (e), and the minimum height of 6 feet shall be measured from the grade at the property line. Condition 5: The reduced landscape and setback requirements, as approved in this zoning adjustment, shall only apply to the specific development proposal shown in the attached site plan. Any future development, beyond what is shown in the attached site plan, shall conform to the minimum landscaping requirements for the site, unless reduced through a future land use action. The rights granted by the attached decision for Conditional Use and Class 2 Adjustment Case No must be exercised, or an extension granted, by May 12,2018, or this approval shall be null and void. The rights granted by the attached decision for Class 3 Site Plan Review Case No must be exercised, or an extension granted, by May 12, 2020, or this approval shall be null and void. A copy of the decision is attached. Application Deemed Complete: Public Hearing Date: Notice of Decision Mailing Date: Decision Effective Date: State Mandate Date: March 17, 2016 April13, 2016 April May July 15, 2016 Case Manager: Pamela Cole, pcole@cityofsalem.net, This decision is final unless written appeal from an aggrieved party is filed with the City of Salem Planning Division, Room 305, 555 Liberty Street SE, Salem OR 97301, no later than 5:00 p.m., May 11, Any person who presented evidence or testimony at the hearing may appeal the decision. The notice of appeal must contain the information required by SRC and must state where the decision failed to conform to the provisions of the applicable code section, SRC Chapter 900.

3 CU-SPR-ADJ16-03 Page 3 The appeal must be filed in duplicate with the City of Salem Planning Division. The appeal fee must be paid at the time of filing. If the appeal is untimely and/or lacks the proper fee, the appeal will be rejected. The Salem Planning Commission will review the appeal at a public hearing. After the hearing, the Salem Planning Commission may amend, rescind, or affirm the action, or refer the matter to staff for additional information

4 Vicinity Map 935 High Street SE Legend Draxlots DUrban Growth Boundary ~:!City Limits DD Feat ~Outside Salem City Limits ~Historic District l Schools ~ ~p ars k =~~ (_,J Af'YOUl SEaVICt Community Development Depl This product is provided as is, whhout warranty. In no event is the City of Salem liable for damages from the use of this product. This product Is subject to license and copyright limitations and further distribution or resale is prohibited. C:\Users\pcole\De!lctop\VicinltyMapTemplate201 S_maj-st-labels2anno.mxd 1 :52:07 PM

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7 CITY OF SALEM BEFORE THE HEARINGS OFFICER A CONSOLIDATED CONDITIONAL USE, CLASS 3 ) SITE PLAN REVIEW, AND CLASS 2 ZONING ) ADJUSTMENT APPLICATION FOR REMOVAL AND ) REPLACEMENT OF EXISTING PAVING AND ) RECONFIGURATION OF A PARKING AREA ) SERVING AN EXISTING RELIGIOUS ASSEMBLY. ) BUILDING IN THE RS (SINGLE FAMILY ) RESIDENTIAL) ZONE AND GAIETY HILUBUSH'S ) PASTURE PARK HISTORIC DISTRICT AND ) LOCATED AT 935 HIGH STREET SE, SALEM, ) OREGON. THE CONDITIONAL USE IS REQUESTED ) TO REDUCE THE REQUIRED SETBACK FROM 15 ) FEET TO 2 FEET BETWEEN VEHICLE USE AREAS ) AND THE ABUTTING RS (SINGLE FAMILY ) RESIDENTIAL) ZONE TO THE SOUTH AND TO ) ELIMINATE REQUIRED SCREENING BETWEEN ) OFF-STREET PARKING AND THE ABUTTING RS ) (SINGLE FAMILY RESIDENTIAL) ZONE TO THE ) SOUTH; THE CLASS 2 ZONING ADJUSTMENTS ) ARE REQUIRED TO REDUCE THE REQUIRED ) VEHICLE USE AREA SETBACKS FROM 5 FEET TO ) 2 FEET ABUTTING THE RS (SINGLE FAMILY ) RESIDENTIAL) ZONE TO THE SOUTH, FROM 5 FEET) TO 3 FEET ABUTTING THE SOUTH SIDE OF THE ) BUILDING, AND FROM 5 FEET TO 1.5 FEET ) ABUTTING THE WEST SIDE OF THE BUILDING ) CU-SPR-ADJ FINDINGS OF FACT CONCLUSIONS AND DECISION DATE AND PLACE OF HEARING: April13, 2016, Community Development Department, Room 305, 555 Liberty Street SE, Salem, Oregon. APPEARANCES: Pamela Cole, Planner II Neighborhood Association: South Central Association of Neighbors (SCAN) by letter Proponents: Opponents: Scott Beck, for the applicant Irene Longaker None

8 SUMMARY OF THE APPLICATION AND HEARING A consolidated Conditional Use, Class 3 Site Plan Review, and Class 2 Zoning Adjustment application for removal and replacement of existing paving and reconfiguration of a parking area serving an existing religious assembly building in the RS (Single Family Residential) zone and Gaiety Hill/Bush's Pasture Park Historic District and located at 935 High Street SE, Salem, Oregon. The Conditional Use is requested to reduce the required setback from 15 feet to 2 feet between vehicle use areas and the abutting RS (Single Family Residential) zone to the south and to eliminate required screening between off-street parking and the abutting RS (Single Family residential) zone to the south; the Class 2 Zoning Adjustments are required to reduce the required vehicle use area setbacks from5 feet to 2 feet abutting the RS (Single Family Residential) zone to the south, from 5 feet to 3 feet abutting the south side of the building, and from 5 feet to 1.5 feet abutting the west side of the building. FINDINGS OF FACT AND CONCLUSIONS I. The subject property is developed with a religious assembly building. 2. The Salem Area Comprehensive Plan Map designates the property "Single Family Residential". 3. The property is zoned RS (Single Family Residential) and is located within the Gaiety Hill/Bush's Pasture Park Historic District Overlay Zone. Religious Assembly uses are Special Uses in the RS zone. SRC Chapter (d) provides that modifications to special use standards shall be made pursuant to Conditional Use approval, as provided in SRC Chapter 240, and in no case shall Conditional Use approval allow a standard that is less restrictive than the development standards established in the zone or overlay zone. 4. The surrounding properties are zoned as follows: North: RS (Single Family Residential) - across Kearney St SE South: RS (Single Family Residential) East: PA (Public Amusement); Bush's Pasture Park- across High Street SE West: CO (Commercial Office) 5. SRC Chapter (d) provides that modifications to special use standards shall be made pursuant to the Conditional Use criteria as provided in SRC Chapter 240. SRC Chapter ( d) establishes the following criteria for a conditional use permit: Criterion 1 The proposed use is allowed as a conditional use in the zone. It is the finding of the Hearings Officer that this criterion has been satisfied. The use is allowed as a Special Use, however, Conditional Use approval is required to deviate from the applicable special use standards and this particular application deviates from the applicable use standards. CU-SPR-ADJ Apri113, 2016 Page 2

9 Criterion 2 The reasonably likely adverse impacts of the use on the immediate neighborhood can be minimized through the imposition of conditions. It is the finding of the Hearings Officer that with the imposition of conditions, this criterion hs been satisfied. The. request to reduce the vehicle use area setback at the south property line from 15 feet to 2 feet will not create additional adverse impacts on the neighboring area because approval of the reduction will simply allow the applicant to retain the existing setback. With the conditions adopted by the Hearings Officer later in this order for screening and landscaping, the proposal will meet this criterion. The applicant is requesting to eliminate required screening between off-street parking and the south property line. The existing shed, hedge, grade difference between the neighboring property and subject property, and retaining wall provide screening approximately 6 feet or taller from the surface of the existing parking and vehicle use area from the south property line, except in the area near the applicant's driveway onto High Street SE and in the southwestern comer of the subject property. However, the existing hedge and shed are on the neighboring property and could be removed. Therefore, to ensure the proposal minimizes impacts on the neighboring property now, and in the future, the Hearings Officer adopts the following conditions: Conditionl: The proposed development shall be in substantial conformance with the approved site plan included as Attachment B. Condition 2: Existing and proposed landscape areas shall be planted with a minimum of 1 plant unit per 20 square feet of landscape area. A minimum of 40 percent of the required number of plant units shall be a combination of shade trees, evergreen/conifer trees, or ornamental trees. Condition 3: Where any portion of the existing hedge and/or accessory structure adjacent to the applicant's south property line abutting the RS-zoned property is removed, the applicant shall install a sight-obscuring fence, wall, or hedge that complies with the vision clearance standards of SRC Chapter 805 and screening standards ofsrc (e), and the minimum height of 6 feet shall be measured from the paved surface of the adjacent parking and vehicle use area. Condition 4: Where no hedge and/or accessory structure exists adjacent to the western section of the applicant's south property line abutting the RS-zoned property, the applicant shall install a sight-obscuring fence, wall or hedge that complies with the screening standards of SRC (e), and the minimum height of 6 feet shall be measured from the grade at the property line. Criterion 3: CU-SPR-ADJ Aprill3, 2016 Page 3

10 The proposed use will be reasonably compatible with. and have minimal impact on. the livability or appropriate development of surrounding property. It is the finding of the Hearings Officer that this criterion has been satisfied. The request to reduce the vehicle use area setback at the south property line from 15 feet to 2 feet will be reasonably compatible with, and have minimal impact on, the livability of the surrounding property because it will allow the applicant to retain the existing setback. With the conditions for screening and landscaping that the Hearings Officer has adopted, this criterion has been satisfied. In addition, the request to eliminate the requited screening between off-street parking and the south property line will be reasonably compatible with, and have minimal impact on the livability of the surrounding property because it will allow the applicant to retain the existing screening along most of that property line. Again, with the conditions that the Hearings Officer has imposed, this criterion has been satisfied. 6. Class 3 Site Plan Review Approval Criteria SRC (f)(3) states an application for Class 3 Site Plan Review shall be granted if: Criterion 1: The application meets all applicable standards of the UDC. With the conditional use approval and the adjustments, the Hearings Officer finds that the application meets all of the applicable standards of the UDC. The following standards are specifically addressed: SRC (a)- Uses: Except as otherwise provided in Chapter 511, the pennitted, special, conditional and prohibited uses in the RS zone are set forth in Table The proposed development includes reconfiguration of parking and vehicle use areas, landscaping and screening, for religious assembly use. A religious assembly use is allowed in the RS zone per SRC 511, Table 511-1, as a special use, subject to the standards of SRC SRC 5ll.OJO(a)- Lot Standards: In the RS zone religious assembly uses are required to have a minimum lot area of 6,000 square feet; a minimum lot width of 40 feet; a minimum lot depth of 80 feet; a maximum lot depth-towidth ratio of 300 percent, and minimum lot frontage of 40 feet. The subject property complies with the minimum lot standards of the RS zone. SRC (b)- Setbacks: North: Adjacent to the north is the right-of-way for Kearney Street SE. A minimum 12-foot setback is required for buildings adjacent to a local street and a minimum 6-to-10-foot setback is required for vehicle areas adjacent to a local street. The existing building footprint is not changing. The proposed property and vehicle use area is located more than I 0 feet from the northern property line. CU-SPR-ADJ April13, 2016 Page4

11 South: Adjacent to the south in an RS (Single Family Residential) zone. A minimum 5-foot building Setback and a minimum 5-foot vehicle use area setback are required. The existing building footprint is not changing. The proposed parking and vehicle use area is located as close as 2 feet from the property line. East: Adjacent to the east is the right-of-way for High Street SE. A minimum 20-foot setback is required for buildings adjacent to a collector street and a minimum 6-to-10-foot setback is required for vehicle areas adjacent to a collector street. The existing building footprint is not changing. The proposed property and vehicle use area is located more than 10 feet from the property line. West: Adjacent to the west is a CO (Commercial Office) zone. A minimum 14-foot building setback and a minimum 5-foot vehicle use area setback are required. The existing building footprint is not changing. The proposed parking and vehicle use area is located 5 feet from the property line. The proposed site plan complies with all of the applicable setback requirements of the RS zone, except for the vehicle use area setback from the abutting RS zone to the south. This is an example where the approved adjustment makes this comply with the requirement and satisfy that criteria. SRC 5ll.OIO(c)- Lot Coverage, Height: The maximum lot coverage standard for a religious assembly use is 35 percent. The maximum building height for a religious assembly use is 50 feet. The proposed development complies with the maximum height standard. The existing lot coverage of approximately 44 percent is nonconforming but is not increasing, so no adjustment is required. In addition to the development standards, the Hearings Officer is reviewing the special use standards set forth in SRC SRC (c) -Seating Capacity: The seating capacity of the largest space within a religious assembly shall not exceed the standards set forth in Table Maximum seating capacity cannot be modified through Conditional Use approval. In the RS zone a maximum seating capacity of 375 is applicable to Jots abutting a local, Collector, or Arterial Street. There are 145 seats in the principal worship area, and the facility is located on a Collector Street. Therefore, the proposal meets the standards. SRC (d)- Locational Standards: Religious assemblies shall be located on streets as set forth in Table In the RS zone location on a local street is allowed for seating capacity of 375 seats or less. Location on a Collector or Arterial Street is allowed for seating capacity of 375 seats or Jess. There are 145 seats in the principal worship area, as previously stated. The facility is located on a Collector Street. Therefore, it meets the standards. CU-SPR-ADJ April 13,2016 Page 5

12 SRC ( e) -Access: Access to religious assemblies may be provided from local, Collector or Arterial Streets. Access provided from a local street shall conform to the standards set forth in Table In the RS zone only one access point is allowed from a local street. The existing access to the site is one-way, entering from a local street and existing to a Collector Street. The proposal meets the standards. SRC (/) -Lot Standards: Maximum lot area and minimum street frontage requirements for religious assemblies are set forth in Table In the RS zone a maximum of 2 acres applies. The subject property is 0.64 acre and meets the standards. SRC (g)- Setbacks: Setbacks for religious assemblies shall be provided as set forth in Table In the RS zone the minimum setback abutting a street is 12 feet for vehicle use areas or buildings not more than 25 feet in height, and 12 feet plus two feet for each 5 feet in height over 25 feet for buildings over 25 feet in height; the minimum setback abutting an interior side or interior rear lot line is 15 feet for vehicle use areas abutting a residential zone, 5 feet for vehicle use areas abutting nonresidential zones., 12 feet for buildings not more than 25 feet in height, and 12 feet plus two feet for each 5 feet in height over 25 feet for buildings over 25 feet in height. It is the finding of the Hearings Officer that this criteria has been satisfied. North and East- abutting streets: The existing building is not more than 25 feet in height and is more and 12 feet from the streets, meeting the standard. The proposed parking and vehicle use area, except for driveways, is more than 12 feet from Kearney Street SE and more than 12 feet from the special setback line abutting High Street SE. South - abutting RS zone: The existing building is not more than 25 in height and is more than 12 feet from the property line, thus meeting the standards. West - abutting CO zone: The existing building, again, is not more than 25 feet in height and is more than 12 feet from the property line, and thus meets the standards. SRC (h)- Lot Coverage Height: Buildings and accessory structures for religious assemblies shall conform to the lot coverage and height standards set forth in Table In the RS zone the. maximum lot coverage by buildings and accessory structures is 40%. In the RS zone the maximum height is 35 feet for buildings and 50 feet for spires, steeples and towers without usable floor space. The lot coverage by the existing/proposed building is approximately 44% of the lot area and is nonconforming with respect to the special use standard of 40%. Because the lot coverage is not increasing, conditional use approval is not required, to exceed the standard. The heights of the building and steeple meet the standards of the special use and the underlying zone. SRC (1)- Off-Street Parking: CU-SPR-ADJ Aprill3, 2016 Page6

13 (I) Location. (A) Off-street parking may be located on-site or offsite. When parking is provided offsite, it shall be located: (i) On a lot or lots that are contiguous to the lot containing the main building or use; or (ii) Within 600 feet of the lot containing the main building or use, on a lot or lots within a non-residential zone. (B) For the purposes of this paragraph, contiguous shall include a lot or lots that are separated from the lot containing the main building or use, by an alley. (2) Screening. Off-street parking areas shall be screened from abutting residential zoned property. Some of the required parking spaces are located on the lot with the building, and some are located (through a parking agreement) on a CO-zoned lot that is contiguous to the lot. The offstreet parking area is screened from abutting RS-zoned property to the south, but a portion of the existing screening is located on the adjacent property and a portion is on the church's property. Additional screening may be required to meet the standards of SRC 807. SRC (j)- Landscaping: All lot area not developed for buildings, structures, parking, loading or driveways shall be landscaped as provided in SRC Chapter 807. The proposal includes removal of existing landscaping and replacement with new landscaping. The new plantings must include at least one plant unit per 20 square feet of required landscape area and comply with the other applicable standards of SRC Chapter 807. SRC (k)- Related Uses: Schools, day care facilities, kindergartens, meeting facilities for clubs and organizations, and other similar activities operated primarily for the purpose of religious instruction, worship, government of the church, or the fellowship of its congregation shall be permitted. When such activities are not operated primarily for the purpose of of religious instruction, worship, government of the church, or the fellowship of its congregation, the activities shall be allowed only if they are an allowed use in the zone. The proposal does not include any changes in activities. Gaiety Hill/Bush's Pasture Park Historic District Overlay Zone. SRC Standards for Non-Contributing Buildings and Structures in Residential Historic Districts: Modifications to non-contributing buildings in residential historic districts shall comply with SRC The applicant received approval on March 8, 2016, for a Major Historic Design Review of the proposal to restore the church spire and modify the site and the exterior of the existing First Church of Christ, a non-contributing building within the Gaiety Hill/Bush's Pasture Park National Register Historic District. CU-SPR-ADJ April!3, 2016 Page 7

14 Off-Street Parking, Loading, and Driveways SRC 806 As noted above, the off-street parking, loading and driveway standards contained in SRC 806 need to be addressed. SRC Off-Street Parking; When Required. Off-street parking shall be provided and maintained for each proposed new use or activity; any change of use or activity, when such change of use or activity results in a parking ratio requiring a greater number of spaces than the previous use or activity; and for any intensification, expansion or enlargement of a use or activity. SRC Proximity of Off-Street Parking to Use or Activity Served: Required off-street parking shall be located on the same development site as the use or activity it serves; or, within the RS (Single Family Residential) zone. Required off-street parking may be located within 200 feet of the development site containing the use or activity it serves. SRC Amount of Off-Street Parking: a) Minimum Required Off-Street Parking. The minimum number of off-street parking spaces required for a Religious Assembly use is 1 space per 5 seats or 10 feet of bench length within the principal worship area. b) Compact Parking. Up to 75 percent of the minimum off-street parking spaces required under this Chapter may be compact parking spaces. c) Carpool and Vanpool Parking. New developments with 60 or more required off-street parking spaces shall designate a minimum of 5 percent of their total off-street parking spaces for carpool or vanpool parking. d) Maximum Off-Street Parking. Unless otherwise provided in the SRC, off- street parking shall not exceed the amounts set forth in Table It is the finding of the Hearings Officer that all three of these criteria are satisfied. The principal worship area will have 145 seats, requiring a minimum of 29 off-street parking spaces. The maximum off-street parking allowance for the use is 51 spaces. There are 13 proposed off-street parking spaces provided on the subject property, and the church has an agreement to use up to 40 stalls on the adjacent pr9perty to the west in the CO (Commercial Office) zone. The proposed and existing parking spaces are adequate. No carpool or vanpool parking is required. Up to 22 of the 29 required spaces may be compact spaces, and 7 must be standard. Seven of the proposed on-site spaces are standard, and more than 15 of the spaces on the adjacent property to the west are standard. SRC Off-Street Parking and Vehicle Use Area Development Standards: Unless otherwise provided under the UDC, off-street parking and vehicle use areas, other than driveways and loading areas, for uses or activities other than Single Family and Two Family shall be developed and maintained as provided in this section. a) General Applicability. The off-street parking and vehicle use area development standards set forth in this section apply to the development of new off-street parking and vehicle use areas; the expansion of existing off- street parking and vehicle use areas, where additional paved surface is added; the alteration of existing off-street parking and CU-SPR-ADJ Aprill3, 2016 Page 8

15 vehicle use areas, where the existing paved surface is replaced with a new paved surface; and the paving of an un-paved area. b) Location. Off-street parking and vehicle use areas shall not be located within required setbacks. c) Perimeter Setbacks and Landscaping. Perimeter setbacks shall be required for off-street parking and vehicle use areas abutting streets, abutting interior front, side, and rear property Jines, and adjacent to buildings and structures. The proposed development involves alteration of existing parking and vehicle use areas, where the existing paved surface is replaced with a new paved surface. The off-street parking and vehicle use area development standards of SRC apply to the proposed development. North: Adjacent to the north is the right-of-way of Kearney Street SE. A minimum 12-foot setback is required per the special use standards of SRC (f). A minimum setback of 6 to 10 feet is required per SRC (c)(2). South: Adjacent to the south is property zoned RS (Single Family Residential). A minimum 15-foot setback is required per the special use standards of SRC (f). A minimum 5-foot setback is required per SRC Chapter (c)(3). East: Adjacent to the east is the right-of-way for High Street SE. A minimum 12- foot setback is required per the special use standards of SRC (f). A minimum setback of 6 to 10 feet is required per SRC (c)(2). West: Adjacent to the west is property zoned CO (Commercial Office). A minimum 5-foot setback is required per the special use standards of SRC (f). A minimum 5-foot setback is required per SRC Chapter (c)(3). Adjacent to Buildings and Structures: The off-street parking or vehicle use area shall be set back from the exterior wall of the building or structure by a minimum 5-foot-wide landscape strip or by a minimum 5-foot-wide paved pedestrian walkway per SRC Chapter (c)(4). Because the proposed parking lot pavement will be removed and replaced with new pavement, the perimeter setbacks are applicable to the proposal. The proposed parking and vehicle use area is located outside of the required setbacks except for the 15-foot setback adjacent to the south property line. The applicant has requested conditional use approval and an adjustment to that setback. The proposed parking and vehicle use area setbacks adjacent to buildings and structures would not meet the standard for 5 feet of separation from the west and south ends of the building, but the applicant has requested adjustments for those setbacks, and those adjustments will be addressed later in this Order. d) Interior Landscaping. Interior landscaping shall be provided in amounts not less than those set forth in Table For parking areas between 5,000 and 50,000 square feet in size a minimum of 5 percent of the interior parking area shall be landscaped. A minimum of one deciduous shade tree is required for every 12 parking spaces. The minimum planting area for a landscape island or planter bay is 25 square feet, with a minimum width of 5 feet. CU-SPR-ADJ April 13, 2016 Page9

16 Within the 7,885-square-foot parking area, the site plan indicates 498 square feet of interior parking lot landscaping, or 6.3 percent of the parking area. A planter bay exceeding the standards is provided for one deciduous tree, and multiple smaller bays exceeding the standards are required for other landscaping plants. Thus, it meets this portion of the criteria. e) Off-Street Parking Area Dimensions. Off-street parking areas shall conform to the minimum dimensions set forth in Table It also meets the off-street parking area dimensions, because the proposed parking spaces, driveways, and drive aisles meet the minimum dimensional requirements of SRC Chapter 806. t) Additional Off-Street Parking Development Standards (1)-(m). Finally, as to additional off-street parking development standards, the proposed off-street parking area is subject to development standards for grade, surfacing, drainage, bumper guards or wheel barriers, parking area striping, marking and signage for one-way traffic and compact parking spaces, lighting, and screening from the abutting residentially zoned property. With the proposed conditions of approval for screening, the proposal will meet the standards. SRC Driveway Development Standards. a) Access. Off-street parking and vehicle use areas shall have either separate driveways for ingress and egress, a single driveway for ingress and egress with an adequate turnaround that is always available or a loop to the single point of access. b) Location. Driveways shall not be located within required setbacks except where the driveway provides direct access to the street, alley, or abutting property or the driveway is a shared driveway located over the common Jot line and providing access to two or more uses. c) Additional Developmenr Srandard~ (c)-(g). The one-way driveway from Kearney Street SE and the one-way driveway onto High Street SE conform to the driveway location and dimensional requirements of SRC The driveways shall be paved with a hard surface, designed, graded, and drained according to the Public Works Design Standards (PWDS), or to the approval of the Public Works Director. I. Bicycle Parking SRC General Applicability. Bicycle parking shall be provided and maintained for any intensification, expansion, or enlargement of a use or activity. SRC Amount of Bicycle Parking. Religious assembly use is required to have a minimum of one (l) bicycle parking space per 30 vehicle parking spaces. Additional development standards include bicycle parking and it is the finding of the Hearings CU-SPR-AD.J April!3, 2016 Pagel 0

17 Officer that the minium vehicle parking requirements is 29 spaces and the minimum bicycle parking is l space. The site plan indicates a bicycle rack for 3 bicycles, meeting the standard. 2. Off-Street Loading Areas SRC General Applicability. Off-street loading areas shall be provided and maintained for any intensification, expansion, or enlargement of a use or activity. SRC Amount of Off-Street Loading. A religious assembly use between 5,000 and 60,000 square feet in floor area is required to have on loading space with minimum width of 12 feet, length of 30 feet, and height clearance of 14 feet. The existing church use is not increased in intensity of use or expanded or enlarged. The proposed development does not result in any additional off-street loading spaces required for the development site. 3. Landscaping All required setbacks shall be landscaped with a minimum of one (1) plant unit per 20 square feet of landscaped area. A minimum of 40 percent of the required number of plant units shall be a combination of mature trees, shade trees, evergreen/conifer trees, or ornamental trees. Plant materials and minimum plant unit values are defined in SRC Chapter 807, Table All building permit applications for development subject to landscaping requirements shall include landscape and irrigation plans meeting the requirements of SRC Chapter 807. The minimum landscaping area for the development site in required setbacks would be 6,560 square feet, requiring a minimum of 328 plant units. Of the minimum plant units required, at least 40 percent, or 131 of the required plant units, shall be a combination of mature trees, shade trees, evergreen/conifer trees, or ornamental trees. Landscape and irrigation plans will be reviewed for conformance with the requirements of SRC 807 at the time of the issuing of building permit. 4. Nat ural Resources SRC 808- Preservation of Trees and Vegetation: The City's tree preservation ordinance, under SRC Chapter 808, provides that no person shall remove a significant tree (Oregon White Oak greater than 24 inches in diameter at breast height) (SRC ) or a tree or native vegetation in a riparian corridor (SRC ), unless the removal is excepted under SRC (a)(2), undertaken pursuant to a permit issued under SRC (d), undertaken pursuant to a tree conservation plan approved under SRC , or permitted by a variance granted Lmder SRC SRC 809- Wetlands: The Salem-Keizer Local Wetland Inventory (LWI) does not show any wetland hydric soils mapped on the subject property. CU-SPR-ADJ April 13,2016 Page l J

18 SRC 810- Landslide Hazards: A geological assessment or report is required when regulated activity is proposed in a mapped landslide hazard area. No protected trees have been identified on the site for removal. There appear to be no wetlands. The applicant's proposal would result in development in areas mapped with 21andslide hazard points. The applicant provided a statement from a registered professional engineer that the site fits a low risk category and should not require a geological assessment. Therefore, this criterion has been satisfied. Criterion 2: The transportation system provides for the safe, orderly. and efficient circulation of traffic into and out of the proposed development. and negative impacts to the transportation system are mitigated adequately. It is the finding of the Hearings Officer that the existing street system is adequate to serve the proposed development and the development generates less than 20 new average daily vehicle trips; therefore, no right-of-way dedication or street improvements are required (SRC (d)). The proposed development is subject to a special setback equal to 30 feet from centerline on the development side of High Street SE. Any new structures or parking spaces will be subject to the special setback requirements. Kearney Street SE meets the right-of-way width and pavement width standards per the Salem TSP; therefore no additional street improvement are required as a condition of the proposed development. The applicant shall demonstrate the existing public sidewalks along all frontages of the property (including ADA ramps) meet current City of Salem Design Standards. Criterion 3: Parking areas and driveways are designed to facilitate safe and efficient movement of vehicles. bicycles. and pedestrians. This criterion has been previously addressed and it is the finding of the Hearing Officer that it is satisfied the driveway accesses onto both Kearney Street SE and High Street SE provide for safe turning for movements into and out of the property. Criterion 4: The proposed development will be adequately served with City water. sewer. storm drainage. and other utilities appropriate to the nature of the development. Based on the testimony from the city staff, this criteria has been satisifed. The applicant, however, will be required to design and construct a storm drainage system at the time of development. The application shall provide an evaluation of the connection to the approved point of discharge for new areas of impervious surface per SRC The applicant may be assessed Storm System Development Charges at the time of building plan approval, based upon the increase in impervious surfaces. Furthermore, the applicant shall design and construct all utilities (sewer, water, and storm drainage) according to the Public Works Design Standards. CU-SPR-ADJ April13, 2016 Page 12

19 6. Analysis of Class 2 Adjustment Anproval Criteria SRC (d)(2) states an application for a Class 2 Adjustment shall be granted if all of the following criteria are met: Criterion l: The pumose underlying the specific development standard proposed for adjustment is: i) Clearly inapplicable to the proposed development; or ii) Equally or better met by the proposed development. The applicant is requesting an adjustment to several required setbacks. The existing site was developed in the 1960s and does not comply with the current setbacks for parking and vehicle use areas abutting the south property line and the west and south sides of the building. While the proposed site plan does not comply with the minimum standard, the development, as proposed and with the recommended conditions of approval, will bring the nonconforming site into greater conformance with the landscaping requirements by providing new landscape area where no landscaping currently exists. The proposal equally or better meets the purpose of the current setback standards. Criterion 2: Iflocated within a residential zone. the proposed development will not detract from the livability or appearance of the residential area. It is the fmding of the Hearing Officer that with condition, this criterion has been satisfied. The proposed adjustments will maintain an existing landscaped setback along the south property line, add a walkway and planter along the south side of the building, and add concrete curbing along the west side of the building. While the proposed site plan does not comply with the minimum standard, the development, as proposed and with the recommended conditions of approval that Hearing Officer will adopt, will enhance the safety and visual appeal of the subject property and will not detract from the livability or appearance of the adjacent residential area. Therefore, the Hearing Officer adopts the following condition: Criterion 3: Condition 5: The reduced landscape and setback requirements, as approved in this zoning adjustment, shall only apply to the specific development proposal shown in the attached site plan. Any future development, beyond what is shown in the attached site plan, shall conform to the minimum landscaping requirements for the site, unless reduced through a future land use action. If more than one adjustment has been requested, the cumulative effect of all the adjustments result in a project which is still consistent with the overall purpose of the zone. CU-SPR-ADJ Aprill3,2016 Page 13

20 It is the finding of the Hearing Officer that the cumulative effect of granting the adjustments will be to enhance the appearance of the subject property and improve the safety of the parking and vehicle use area for a religious assembly use that has existed in the residential zone since the 1960s. Therefore, this criterion has been satisfied. DECISION Based upon the forgoing, the Hearings Officer grants the request for the consolidated conditional use, Class 3 Site Plan Review, and Class 2 Adjustment to modify an existing parking area and associated landscaping and screening for religious assembly for the property located at 935 High Street SE, Salem, subject to the following conditions of approval: Condition 1: The proposed development shall be in substantial conformance with the approved site plan included as Attachment B in the staff report. Condition 2: Existing and proposed landscape areas shall be planted with a minimum of 1 plant unit per 20 square feet of landscape area. A minimum of 40 percent of the required number of plant units shall be a combination of shade trees, evergreen/conifer trees, or ornamental trees. Condition 3: Where any portion of the existing hedge and/or accessory structure adjacent to the applicant's south property line abutting the RSzoned property is removed, the applicant shall install a sightobscuring fence, wall, or hedge that complies with the vision clearance standards ofsrc Chapter 805 and screening standards of SRC ( e), and the minimum height of 6 feet shall be measured from the paved surface ofthe adjacent parking and vehicle use area. Condition 4: Where no hedge and/or accessory structure exists adjacent to the western section of the applicant's south property line abutting the RS-zoned property, the applicant shall install a sight-obscuring fence, wall or hedge that complies with the screening standards of SRC ( e), and the minimum height of 6 feet shall be measured from the grade at the property line. Condition 5: The reduced landscape and setback requirements, as approved in this zoning adjustment, shall only apply to the specific development proposal shown in the attached site plan. Any future development, beyond what is shown in the attached site plan, shall conform to the minimum landscaping requirements for the site, unless reduced through a future land use action. DATED: April 26, CU-SPR-ADJ April13, 2016 Page 14.Bi'ott A. Fewel, Hearings Officer

21 FOR MEETING OF: APRIL 13, 2016 CASE NO.: CU-SPR-ADJ16-03 TO: FROM: SUBJECT: HEARINGS OFFICER -o LISA ANDERSON-OGIL~ AICP PLANNING ADMINISTRATOR CONDITIONAL USE - SITE PLAN REVIEW- ADJUSTMENT CASE 16-03; 935 HIGH STREET SE AMANDA NOS ZO, RP & ZO REQUEST Summary: A conditional use, site plan review, and zoning adjustment to modify an existing parking area and associated landscaping and screening for a religious assembly. Request: A consolidated Conditional Use, Class 3 Site Plan Review, and Class 2 Zoning Adjustment application for removal and replacement of existing paving and reconfiguration of a parking area serving an existing religious assembly building in the RS (Single Family Residential) zone and Gaiety Hill/Bush's Pasture Park Historic District and located at 935 High Street SE (Marion County Assessor Map and Tax Lot 073W27CA02500) (Attachment A). The Conditional Use is requested to reduce the required setback from 15 feet to 2 feet between vehicle use areas and the abutting RS (Single Family Residential) zone to the south and to eliminate required screening between off-street parking and the abutting RS (Single Family Residential) zone to the south; the Class 2 Zoning Adjustments are required to reduce the required vehicle use area setbacks from 5 feet to 2 feet abutting the RS (Single Family Residential) zone to. the south, from 5 feet to 3 feet abutting the south side of the building, and from 5 feet to 1.5 feet abutting the west side of the building. OWNER: APPLICANT: FILER: First Church of Christ, Scientist First Church of Christ, Scientist Scott Beck, Architect RECOMMENDATION Based upon the Facts and Findings contained in this staff report, staff recommends that the Hearings Officer GRANT the request for a consolidated conditional use, site plan review and adjustment to modify an existing parking area and associated landscaping and screening for a religious assembly for property located at 935 High Street SE subject to the following conditions of approval: Condition 1: The proposed development shall be in substantial conformance with the approved site plan included as Attachment B. Condition 2: Existing and proposed landscape areas shall be planted with a minimum of 1 plant unit per 20 square feet of landscape area. A minimum of 40

22 Conditional Use I Site Plan Review I Adjustment Case Hearings Officer meeting of April13, 2016 Page 2 percent of the required number of plant units shall be a combination of shade trees, evergreen/conifer trees, or ornamental trees. Condition 3: Where any portion of the existing hedge and/or accessory structure adjacent to the applicant's south property line abutting the RS-zoned property is removed, the applicant shall install a sight-obscuring fence, wall, or hedge that complies with the vision clearance standards of SRC Chapter 805 and screening standards of SRC (e), and the minimum height of 6 feet shall be measured from the paved surface of the adjacent parking and vehicle use area. Condition 4: Where no hedge and/or accessory structure exists adjacent to the western section of the applicant's south property line abutting the RS-zoned property, the applicant shall install a sight-obscuring fence, wall, or hedge that complies with the screening standards of SRC (e), and the minimum height of 6 feet shall be measured from the grade at the property line. Condition 5: The reduced landscape and setback requirements, as approved in this zoning adjustment, shall only apply to the specific development proposal shown in the attached site plan. Any future development, beyond what is shown in the attached site plan, shall conform to the minimum landscaping requirements for the site, unless reduced through a future land use action. BACKGROUND The subject property is developed with a religious assembly building. The applicant is requesting to modify the exterior fagade of the building, remove and replace the existing parking lot pavement, and modify the landscaping and screening. The applicant received approval on March 8, 2016 for a Major Historic Design Review of the proposal to restore the church spire and modify the site and the exterior of the existing First Church of Christ, a non-contributing building within the Gaiety Hill/Bush's Pasture Park National Register Historic District. On March 3, 2016, conditional use permit, site plan review, and adjustment applications were submitted. After additional information was received, the applications were deemed complete for processing on March 17, The public hearing before the City of Salem Hearings Officer is scheduled for April13, 2016, at 5:30p.m. in Civic Center Room 305, located at 555 Liberty Street SE. Notice of public hearing was sent by mail to surrounding property owners pursuant to Salem Revised Code (SRC) requirements on March 17, Public hearing notice was also posted on the property by the applicant pursuant to SRC requirements.

23 Conditional Use I Site Plan Review I Adjustment Case Hearings Officer meeting of April13, 2016 Page 3 PROPOSAL The applicant is requesting to remove and replace existing paving and reconfigure a parking area, landscaping, and screening for an existing religious assembly building located at 935 High Street SE (Attachment A). Religious assembly uses in the RS (Single Family Residential) zone are subject to Special Use standards of SRC (Salem Revised Code) A Conditional Use permit is requested to reduce a setback required by the Special Use standards from 15 feet to 2 feet between vehicle use areas and the abutting RS (Single Family Residential) zone to the south and to eliminate screening required by the Special Use standards between off-street parking and the abutting RS (Single Family Residential) zone to the south. Class 2 Zoning Adjustments are required to reduce the required vehicle use area setbacks from 5 feet to 2 feet abutting the RS (Single Family Residential) zone to the south, from 5 feet to 3 feet abutting the south side of the building, and from 5 feet to 1.5 feet abutting the west side of the building. The proposed site plan is included as Attachment B and the existing conditions plan is included as Attachment C. APPLICANT'S STATEMENT The applicant's statement addressing the applicable approval criteria for the consolidated request is included as Attachment D. FACTS AND FINDINGS 1. Salem Area Comprehensive Plan (SACP) designation The Salem Area Comprehensive Plan (SACP) map designation for the subject property is "Single Family Residential." The subject property is within the Urban Growth Boundary and the Urban Service Area. 2. Zoning and Surrounding land Uses The subject property is zoned RS (Single Family Residential) and is located within the Gaiety Hill/Bush's Pasture Park Historic District Overlay Zone. Religious Assembly uses are Special Uses in the RS zone. SRC Chapter (d) provides that modifications to special use standards shall be made pursuant to Conditional Use approval, as provided in SRC Chapter 240, and in no case shall Conditional Use approval allow a standard that is less restrictive than the development standards established in the zone or overlay zone. A Conditional Use permit is requested to reduce a setback required by the Special Use standards from 15 feet to 2 feet between vehicle use areas and the abutting RS (Single Family Residential) zone to the south and to eliminate screening required by the Special Use standards between off-street parking and the abutting RS (Single Family Residential) zone to the south. Class 2 Zoning Adjustments are requested to reduce the vehicle use area setbacks required in

24 Conditional Use I Site Plan Review I Adjustment Case Hearings Officer meeting of April13, 2016 Page4 the zone from 5 feet to 2 feet abutting the RS (Single Family Residential) zone to the south, from 5 feet to 3 feet abutting the south side of the building, and from 5 feet to 1.5 feet abutting the west side of the building. The zoning of surrounding properties includes: North: East: South: West: Across Kearney Street SE, RS (Single Family Residential)- single family dwellings Across High Street SE, PA (Public Amusement)- Bush's Pasture Park RS (Single Family Residential)- single family dwellings CO (Commercial Office)- offices 3. Site Analysis The subject property is approximately 0.64 acres in size and abuts Kearney Street SE to the north and High Street SE to the east. Surrounding properties are zoned RS, CO, and PA. High Street SE is designated as a collector street within the Salem TSP (Transportation System Plan). 4. Neighborhood and Citizen Comments The subject property is located within the South Central Association of Neighbors Neighborhood Association (SCAN). Notice was provided to SCAN and surrounding property owners within 250 feet of the subject property. SCAN commented that the Board had no concerns and delegated the review to the Land Use and Transportation Committee. The Committee submitted comments in support of the application (Attachment E). One comment was received from the owner of the property abutting the subject property on the south, who supported the request and asked that her existing boxwood edge be retained. Staff Response: The neighboring property owner's hedge partially crosses the south property line of the subject property. Staff is recommending conditions that would allow retention of the existing hedge but require another method of screening if the hedge should ever be removed. 5. City Department and Public Agency Comments The Building and Safety Division reviewed the proposal and had no comments. The Fire Department reviewed the proposal and commented, "Building has fire sprinklers in the basement only. Applicant indicates fire sprinklers are to be installed throughout. New vault at street with FDC & PIV. Alarms to monitor fire sprinklers. No additional square footage being added, therefore no additional fire flow required."

25 Conditional Use I Site Plan Review I Adjustment Case Hearings Officer meeting of April13, 2016 Page 5 The Public Works Department has reviewed the proposal and provided a memo included as Attachment F. 6. Analysis of Conditional Use Criteria Religious Assembly uses are subject to special use standards in the RS (Single Family Residential) zone. SRC Chapter (d) provides: Modifications to special use standards shall be made pursuant to Conditional Use approval, as provided in SRC Chapter 240, and in no case shall Conditional Use approval allow a standard that is less restrictive than the development standards established in the zone or overlay zone. SRC Chapter (d) establishes the following approval criteria for a conditional use permit: Criterion 1: The proposed use is allowed as a conditional use in the zone. Applicant's Statement: Per the RS zone, Religious Assembly is allowed as a Special Use. Staff Finding: While the use is allowed as a Special Use, conditional use approval is required to deviate from the applicable Special Use standards. The proposal meets this criterion. Criterion 2: The reasonably likely adverse impacts of the use on the immediate neighborhood can be minimized through the imposition of conditions. Applicant's Statement: The applicant addresses this criterion on pages of Attachment D. The applicant's statement is summarized below. (1) Request to reduce the vehicle use area setback at the south propertv line from 15 feet to 2 feet. The applicant states that there will be no adverse impact created by approving the existing distance separation between the property line and the edge of the internal driveway pavement because the existing Church building and improvements were constructed prior to the current zoning and development code, and the decision to remove and replace deteriorated asphalt and re-grade to conform with parking and accessibility requirements is triggering the requirement to conform to the current setback; the existing driveway locations and parking layout must be maintained because of site and building constraints, and the proposed south driveway width is necessary for functional and safe vehicle movements;

26 Conditional Use I Site Plan Review I Adjustment Case Hearings Officer meeting of April13, 2016 Page6 compliance with the minimum 15-foot setback would require removal of a portion of the building; and the applicant is creating new landscape plantings where feasible. (2) Request to eliminate required screening between off-street parking and the south property line. The applicant states that the existing hedgerow and neighbor's garden shed provide a buffer; the grade level of the drive aisle is 3 to 4 feet below the neighboring property due to a retaining wall; the combined heights of the hedge and shed and wall provide buffers of 4 to 1 0 feet; and these elements provide adequate buffer and privacy without adding a new fence or wall. Staff Finding: (1) Request to reduce the vehicle use area setback at the south property line from 15 feet to 2 feet. The special use standards require a minimum setback of 15 feet for vehicle use areas abutting a residential zone. The requested reduction of the setback will not create additional adverse impacts on the neighboring area because approval of the reduction will simply allow the applicant to retain the existing setback. With the conditions for screening and landscaping recommended below, the proposal will meet this criterion. (2) Request to eliminate required screening between off-street parking and the south property line. The special use standards require that off-street parking areas shall be screened from abutting residential zoned property, and the screening standards of SRC Chapter 807 require screening to be a minimum of 6 feet in height and at least 75 percent opaque when viewed from any angle at a point 25 feet away. The existing hedge, shed, grade difference between the neighboring property and subject property, and retaining wall provide screening approximately 6 feet or taller from the surface of the existing parking and vehicle use area the south property line, except in the area near the applicant's driveway onto High Street SE and in the southwestern corner of the subject property. However, the existing hedge and shed are on the neighboring property and could be removed. Additionally, trees and other plants that previously provided screening in the southwestern corner of the applicant's property were recently removed. To ensure that the proposal minimizes.the impacts on the neighboring property now and in the future, staff recommends the following conditions: Condition 1: The proposed development shall be in substantial conformance with the approved site plan included as Attachment B. Condition 2: Existing and proposed landscape areas shall be planted with a minimum of 1 plant unit per 20 square feet of landscape area. A minimum of 40 percent of the required number of plant units shall be a combination of shade trees, evergreen/conifer trees, or ornamental trees.

27 Conditional Use I Site Plan Review I Adjustment Case Hearings Officer meeting of April 13, 2016 Page 7 Condition 3: Where any portion of the existing hedge and/or accessory structure adjacent to the applicant's south property line abutting the RSzoned property is removed, the applicant shall install a sightobscuring fence, wall, or hedge that complies with the vision clearance standards of SRC Chapter 805 and screening standards of SRC (e), and the minimum height of 6 feet shall be measured from the paved surface of the adjacent parking and vehicle use area. Condition 4: Where no hedge and/or accessory structure exists adjacent to the western section of the applicant's south property line abutting the RS-zoned property, the applicant shall install a sight-obscuring fence, wall, or hedge that complies with the screening standards of SRC (e), and the minimum height of 6 feet shall be measured from the grade at the property line. The development, with the proposed conditions of approval, minimizes reasonably likely adverse impacts of the use on the immediate neighborhood. Criterion 3: The proposed use will be reasonably compatible with and have minimal impact on the livability or appropriate development of surrounding property. Applicant's Statement: The applicant addresses this criterion on pages of Attachment D. (1) Request to reduce the vehicle use area setback at the south propertv line from 15 feet to 2 feet. The neighboring property owner to the south has stated that she is supportive of the proposed site improvements and prefers a minimalist approach to changes along the shared property boundary. The lesser landscape setback will have no impact on livability. (2) Request to eliminate required screening between off-street parking and the south propertv line. The neighboring property owner to the south supports the proposed design and is fond of the existing hedgerow; installing a fence of wall serves no purpose and the existing hedge could obtain 6 feet in height. The existing landscape, hedgerow, and shed provide adequate screening and leaving them intact will have no impact on livability. Staff Finding: (1) Request to reduce the vehicle use area setback at the south property line from 15 feet to 2 feet. The requested reduction of the setback will be reasonably compatible with and have minimal impact on the livability of the surrounding property because it will allow the applicant to retain the existing setback. With the conditions for screening and landscaping recommended

28 Conditional Use I Site Plan Review I Adjustment Case Hearings Officer meeting of Apri113, 2016 Page 8 above, the proposal will meet this criterion. (2) Request to eliminate required screening between off-street parking and the south property line. The requested elimination of the requirement for additional screening will be reasonably compatible with and have minimal impact on the livability of the surrounding property because it will allow the applicant to retain the existing screening along most of the property line. With the conditions for screening and landscaping recommended above, the proposal will meet this criterion. 7. Analysis of Class 3 Site Plan Review Approval Criteria SRC (f)(3) establishes the following approval criteria for a Class 3 Site Plan Review: Criterion 1: The application meets all applicable standards of the UDC. Finding: The proposed development includes removal and replacement of pavement in an existing parking and vehicle use area and reconfiguration of the existing parking and vehicle use area, landscaping, and screening. The proposal does not comply with requirements for setbacks, landscaping, and screening and the applicant has requested conditional use approval and adjustments to reduce those requirements. The proposed development otherwise complies with all applicable development standards of the Salem Revised Code. Development Standards- RS Zone: SRC (a)- Uses: Except as otherwise provided in Chapter 511, the permitted, special, conditional and prohibited uses in the RS zone are set forth in Table Finding: The proposed development includes reconfiguration of parking and vehicle use areas, landscaping, and screening for an existing religious assembly use. A religious assembly use is allowed in the CG zone per SRC 511, Table as a special use, subject to the standards of SRC SRC (a)- Lot Standards: In the RS zone, religious assembly uses are required to have a minimum lot area of 6,000 square feet; a minimum lot width of 40 feet; a minimum lot depth of 80 feet; a maximum lot depth to width ratio of 300 percent; and a minimum lot frontage of 40 feet. Finding: The subject property complies with the minimum lot standards of the RS zone.

29 Conditional Use I Site Plan Review I Adjustment Case Hearings Officer meeting of April13, 2016 Page 9 SRC (b)- Setbacks: North: Adjacent to the north is the right-of-way for Kearney Street SE. A minimum 12-foot setback is required for buildings adjacent to a local street and a minimum 6- to 1 0-foot setback is required for vehicle use areas adjacent to a local street. The existing building footprint is not changing. The proposed parking and vehicle use area is located more than 10 feet from the northern property line. South: Adjacent to the south is an RS (Single Family Residential) zone. A minimum 5-foot building setback and a minimum 5-foot vehicle use area setback are required. The existing building footprint is not changing. The proposed parking and vehicle use area is located as close as 2 feet from the property line. East: Adjacent to the east is the right-of-way for High Street SE. A minimum 20- foot setback is required for buildings adjacent to a collector street and a minimum 6- to 1 0-foot setback is required for vehicle use areas adjacent to a collector street. The existing building footprint is not changing. The proposed parking and vehicle use area is located more than 10 feet from the property line. West: Adjacent to the west is a CO (Commercial Office) zone. A minimum 14- foot building setback and a minimum 5-foot vehicle use area setback are required. The existing building footprint is not changing. The proposed parking and vehicle use area is located 5 feet from the property line. Finding: The proposed site plan complies with all applicable setback requirements of the RS zone except for the vehicle use area setback from the abutting RS zone to the south. The applicant has requested an adjustment to that setback. SRC (c)- Lot Coverage, Height: The maximum lot coverage standard for a religious assembly use is 35 percent. The maximum building height for a religious assembly use is 50 feet. Finding: The proposed development complies with the maximum height standard. The existing lot coverage of approximately 44 percent is nonconforming but is not increasing. No adjustment is required. Special Use Standards SRC The special use standards set forth in Chapter 700 apply where a use is designated as a special use and are in addition to the standards that apply to uses generally within a zone or overlay zone. The special use standards set forth in Chapter 700 may be modified, unless otherwise specially provided in this Chapter. Modification to a special use standard shall be made pursuant to Conditional Use approval, as provided in SRC Chapter 240. In no case shall Conditional Use approval allow a standard that is less restrictive than the development standards established in the zone or overlay zone.

30 Conditional Use I Site Plan Review I Adjustment Case Hearings Officer meeting of April13, 2016 Page 10 SRC (c) -Seating Capacity: The seating capacity of the largest space within a religious assembly shall not exceed the standards set forth in Table Maximum seating capacity cannot be modified through Conditional Use approval. In the RS zone, a maximum seating capacity of 375 is applicable to lots abutting a local, collector, or Arterial Street. Finding: There are 145 seats in the principal worship area. The facility is located on a collector street. The proposal meets the standard. SRC (d)- Locationa/ Standards: Religious assemblies shall be located on streets as set forth in Table In the RS zone, location on a local street is allowed for seating capacity of 375 seats or less. Location on a Collector or Arterial Street is allowed for seating capacity of 375 seats or Jess. Finding: There are 145 seats in the principal worship area. The facility is located on a collector street. The proposal meets the standard. SRC (e) -Access: Access to religious assemblies may be provided from local, collector, or arterial streets. Access provided from a local street shall conform to the standards set forth in Table In the RS zone, only one access point is allowed from a local street. Finding: The existing access to the site is one-way, entering from a local street and exiting to a collector street. The proposal meets the standard. SRC (f) -Lot Standards: Maximum lot area and minimum street frontage requirements for religious assemblies are set forth in Table In the RS zone, a maximum of 2 acres applies. Finding: The subject property is 0.64 acre. The proposal meets the standards. SRC (g)- Setbacks: Setbacks for religious assemblies shall be provided as set forth in Table In the RS zone, the minimum setback abutting a street is 12 feet for vehicle use areas or buildings not more than 25 feet in height, and 12 feet plus two feet for each 5 feet in height over 25 feet for buildings over 25 feet in height; the minimum setback abutting an interior side or interior rear lot line is 15 feet for vehicle use areas abutting a residential zone, 5 feet for vehicle uses areas abutting non-residential zones, 12 feet for buildings not more than 25 feet in height, and 12 feet plus two feet for each 5 feet in height over 25 feet for buildings over 25 feet in height.

31 Conditional Use I Site Plan Review I Adjustment Case Hearings Officer meeting of April13, 2016 Page 11 Finding: North and East- abutting street: The existing building is not more than 25 feet in height and is more than 12 feet from the streets, meeting the standard. The proposed parking and vehicle use area, except for driveways, is more than 12 feet from Kearney Street SE and more than 12 feet from the special setback line abutting High Street SE. South - abutting RS zone: The existing building is not more than 25 feet in height and is more than 12 feet from the property line, meeting the standard. The proposed parking and vehicle use area is approximately 2.25 feet from the property line, where a 15-foot setback is required. The applicant has requested conditional use approval to reduce the 15-foot setback to 2 feet. West- abutting CO zone: The existing building is not more than 25 feet in height and is more than 12 feet from the property line, meeting the standard. The proposed parking and vehicle use area is 5.5 feet from the property line. SRC (h)- Lot Coverage; Height: Buildings and accessory structures for religious assemblies shall conform to the lot coverage and height standards set forth in Table In the RS zone, the maximum lot coverage by buildings and accessory structures is 40%. In the RS zone, the maximum height is 35 feet for buildings and 50 feet for spires, steeples, and towers without usable floor space. Finding: The lot coverage by the existing/proposed building is approximately 44% of the lot area and is nonconforming with respect to the special use standard of 40%. Because the lot coverage is not increasing, conditional use approval is not required to exceed the standard. The heights of the building and steeple meet the standards of the special use and the underlying zone. SRC (i)- Off-Street Parking: (1) Location. (A) Off-street parking may be located on-site or off-site. When parking is provided offsite, it shall be located: (i) On a lot or lots that are contiguous to the lot containing the main building or use; or (ii) Within 600 feet of the lot containing the main building or use, on a lot or lots within a non-residential zone. (B) For the purposes of this paragraph, contiguous shall include a lot or lots that are separated from the lot containing the main building or use by an alley. (2) Screening. Off-street parking areas shall be screened from abutting residential zoned property. Finding: Some of the required parking spaces are located on the lot with the building and some are located (through a parking agreement) on a CO-zoned lot that is contiguous to the lot. The off-street parking area is screened from abutting RS-zoned property to the south, but a portion of the existing screening is

32 Conditional Use I Site Plan Review I Adjustment Case Hearings Officer meeting of April13, 2016 Page 12 located on the adjacent property and a portion is on the church's property. Additional screening may be required to meet the standards of SRC 807. SRC (j)- Landscaping: All lot area not developed for buildings, structures, parking, loading, or driveways shall be landscaped as provided in SRC Chapter 807. Finding: The proposal includes removal of existing landscaping and replacement with new landscaping. The new plantings must include at least one plant unit per 20 square feet of required landscape area and comply with other applicable standards of SRC chapter 807. SRC (k)- Related Uses: Schools, day care facilities, kindergartens, meeting facilities for clubs and organizations, and other similar activities operated primarily for the purpose of religious instruction, worship, government of the church, or the fellowship of its congregation shall be permitted. When such activities are not operated primarily for the purpose of religious instruction, worship, government of the church, or the fellowship of its congregation, the activities shall be allowed only if they are an allowed use in the zone. Finding: The proposal does not include a change of activities. Gaiety Hill/ Bush's Pasture Park Historic District Overlay Zone SRC Standards for Non-Contributing Buildings and Structures in Residential Historic Districts: Modifications to non-contributing buildings in residential historic districts shall comply with SRC Finding: The applicant received approval on March 8, 2016 for a Major Historic Design Review of the proposal to restore the church spire and modify the site and the exterior of the existing First Church of Christ, a non-contributing building within the Gaiety Hill/Bush's Pasture Park National Register Historic District. Off-Street Parking, Loading, and Driveways SRC 806 SRC Off-Street Parking; When Required. Off-street parking shall be provided and maintained for each proposed new use or activity; any change of use or activity, when such change of use or activity results in a parking ratio requiring a greater number of spaces than the previous use or activity; and for any intensification, expansion, or enlargement of a use or activity. SRC Proximity of Off-Street Parking to Use or Activity Served. Required off-street parking shall be located on the same development site as the use or activity it serves; or, within the RS (Single Family Residential) zone,

33 Conditional Use I Site Plan Review I Adjustment Case Hearings Officer meeting of Apri113, 2016 Page 13 required off-street parking may be located within 200 feet of the development site containing the use or activity it serves. SRC Amount of Off-Street Parking. a) Minimum Required Off-Street Parking. The minimum number of off-street parking spaces required for a Religious Assembly use is 1 space per 5 seats or 10 feet of bench length within the principal worship area. b) Compact Parking. Up to 75 percent of the minimum off-street parking spaces required under this Chapter may be compact parking spaces. c) Carpool and Vanpool Parking. New developments with 60 or more required off-street parking spaces shall designate a minimum of 5 percent of their total off-street parking spaces for carpool or van pool parking. d) Maximum Off-Street Parking. Unless otherwise provided in the SRC, offstreet parking shall not exceed the amounts set forth in Table Finding: The principal worship area will have 145 seats, requiring a minimum of 29 off-street parking spaces (145 I 5 = 29). The maximum off-street parking allowance for the use is 51 spaces (29 x 1.75 = 50.75). There are 13 proposed off-street parking spaces provided on the subject property, and the church has an agreement to use up to 40 stalls on the adjacent property to the west in the CO (Commercial Office) zone. The proposed and existing parking spaces are!'ldequate. No carpool or vanpool parking is required. Up to 22 of the 29 required spaces may be compact spaces, and 7 must be standard. Seven of the proposed on-site spaces are standard, and more than 15 of the spaces on the adjacent property to the west are standard. SRC Off-Street Parking and Vehicle Use Area Development Standards. Unless otherwise provided under the UDC, off-street parking and vehicle use areas, other than driveways and loading areas, for uses or activities other than Single Family and Two Family shall be developed and maintained as provided in this section. a) General Applicability. The off-street parking and vehicle use area development standards set forth in this section apply to the development of new off-street parking and vehicle use areas; the expansion of existing offstreet parking and vehicle use areas, where additional paved surface is added; the alteration of existing off-street parking and vehicle use areas, where the existing paved surface is replaced with a new paved surface; and the paving of an un-paved area. b) Location. Off-street parking and vehicle use areas shall not be located within required setbacks.

34 Conditional Use I Site Plan Review I Adjustment Case Hearings Officer meeting of April13, 2016 Page 14 c) Perimeter Setbacks and Landscaping. Perimeter setbacks shall be required for off-street parking and vehicle use areas abutting streets, abutting interior front, side, and rear property lines, and adjacent to buildings and structures. Finding: The proposed development involves alteration of existing parking and vehicle use areas, where the existing paved surface is replaced with a new paved surface. The off-street parking and vehicle use area development standards of SRC apply to the proposed development. North: Adjacent to the north is the right-of-way of Kearney Street SE. A minimum 12-foot setback is required per the special use standards of SRC (f). A minimum setback of 6 to 10 feet is required per SRC (c)(2). South: Adjacent to the south is property zoned RS (Single Family Residential). A minimum 15-foot setback is required per the special use standards of SRC (f). A minimum 5-foot setback is required per SRC Chapter (c)(3). East: Adjacent to the east is the right-of-way for High Street SE. A minimum 12- foot setback is required per the special use standards of SRC (f). A minimum setback of 6 to 10 feet is required per SRC (c)(2). West: Adjacent to the west is property zoned CO (Commercial Office). A minimum 5-foot setback is required per the special use standards of SRC (f). A minimum 5-foot setback is required per SRC Chapter (c)(3). Adjacent to Buildings and Structures: The off-street parking or vehicle use area shall be set back from the exterior wall of the building or structure by a minimum 5-foot-wide landscape strip or by a minimum 5-foot-wide paved pedestrian walkway per SRC Chapter (c)(4). Staff Response: Because the proposed parking lot pavement will be removed and replaced with new pavement, the perimeter setbacks are applicable to the proposal. The proposed parking and vehicle use area is located outside of the required setbacks except for the 15-foot setback adjacent to the south property line. The applicant has requested conditional use approval and an adjustment to that setback. The proposed parking and vehicle use area setbacks adjacent to buildings and structures would not meet the standard for 5 feet of separation from the west and south ends of the building. The applicant has requested adjustments for those setbacks. d) Interior Landscaping. Interior landscaping shall be provided in amounts not less than those set forth in Table For parking areas between 5,000 and 50,000 square feet in size a minimum of 5 percent of the interior parking area shall be landscaped. A minimum of one deciduous shade tree is required for

35 Conditional Use I Site Plan Review I Adjustment Case Hearings Officer meeting of April13, 2016 Page 15 every 12 parking spaces. The minimum planting area for a landscape island or planter bay is 25 square feet, with a minimum width of 5 feet. Staff Response: Within the 7,885-square-foot parking area, the site plan indicates 498 square feet of interior parking lot landscaping, or 6.3 percent of the parking area. A planter bay exceeding the standards is provided for one deciduous tree, and multiple smaller bays exceeding the standards are required for other landscape plantings. The proposal meets the standards. e) Off-Street Parking Area Dimensions. Off-street parking areas shall conform to the minimum dimensions set forth in Table Staff Response: The proposed parking spaces, driveways, and drive aisles meet the minimum dimensional requirements of SRC Chapter 806. f) Additional Off-Street Parking Development Standards (f)-(m). Staff Response: The proposed off-street parking area is subject to development standards for grade, surfacing, drainage, bumper guards or wheel barriers, parking area striping, marking and signage for one-way traffic and compact parking spaces, lighting, and screening from the abutting residentially zoned property. With the proposed conditions of approval for screening, the proposal will meet the standards. SRC Driveway Development Standards. a) Access. Off-street parking and vehicle use areas shall have either separate driveways for ingress and egress, a single driveway for ingress and egress with an adequate turnaround that is always available or a loop to the single point of access. b) Location. Driveways shall not be located within required setbacks except where the driveway provides direct access to the street, alley, or abutting property or the driveway is a shared driveway located over the common lot line and providing access to two or more uses. c) Additional Development Standards (c)-(g). Staff Response: The one-way driveway from Kearney Street SE and the oneway driveway onto High Street SE conform to the driveway location and dimensional requirements of SRC The driveways shall be paved with a hard surface, designed, graded, and drained according to the Public Works Design Standards (PWDS), or to the approval of the Public Works Director. The PWDS standards incorporate ADA accessibility.

36 Conditional Use I Site Plan Review I Adjustment Case Hearings Officer meeting of April13, 2016 Page 16 Bicycle Parking SRC General Applicability. Bicycle parking shall be provided and maintained for each proposed new use or activity; any change of use or activity, when such change of use or activity results in a parking ratio requiring a greater number of spaces than the previous use or activity; and for any intensification, expansion, or enlargement of a use or activity. SRC Amount of Bicycle Parking. A Religious Assembly use is required to have a minimum of 1 bicycle parking space per 30 vehicle parking spaces. Finding: The minimum vehicle parking requirement is 29 spaces, and the minimum bicycle parking requirement is 1 space. The site plan indicates a bicycle rack for 3 bicycles, meeting the standard. Off-Street Loading Areas SRC General Applicability. Off-street loading shall be provided and maintained for each proposed new use or activity; any change of use or activity, when such change of use or activity results in a parking ratio requiring a greater number of spaces than the previous use or activity; and for any intensification, expansion, or enlargement of a use or activity. SRC Amount of Off-Street Loading. A Religious Assembly use between 5,000 and 60,000 square feet is required to have a minimum of one 12 foot by 30 foot by 14 foot loading space. An off-street parking space may be used in place of a required off-street loading space when the use or activity does not require a delivery vehicle which exceeds a maximum combined vehicle and load rating of 8,000 pounds and the off-street parking area is located within 25 feet of the building. Finding: The existing church use is not increased in intensity of use or expanded or enlarged. The proposed development does not result in any additional off-street loading spaces required for the development site. Landscaping All required setbacks shall be landscaped with a minimum of 1 plant unit per 20 square feet of landscaped area. A minimum of 40 percent of the required number of plant units shall be a combination of mature trees, shade trees, evergreen/conifer trees, or ornamental trees. Plant materials and minimum plant unit values are defined in SRC Chapter 807, Table All building permit applications for development subject to landscaping requirements shall include landscape and irrigation plans meeting the

37 Conditional Use I Site Plan Review I Adjustment Case Hearings Officer meeting of Apri113, 2016 Page 17 requirements of SRC Chapter 807. Finding: The minimum landscaping area for the development site in required setbacks would be 6,560 square feet, requiring a minimum of 328 plant units. Of the minimum plant units required, at least 40 percent, or 131 of the required plant units, shall be a combination of mature trees, shade trees, evergreen/conifer trees, or ornamental trees. Landscape and irrigation plans will be reviewed for conformance with the requirements of SRC 807 at the time of building permit application review. Natural Resources SRC Preservation of Trees and Vegetation: The City's tree preservation ordinance, under SRC Chapter 808, provides that no person shall remove a significant tree (Oregon White Oak greater than 24 inches in diameter at breast height) (SRC ) or a tree or native vegetation in a riparian corridor (SRC ), unless the removal is excepted under SRC (a)(2), undertaken pursuant to a permit issued under SRC (d), undertaken pursuant to a tree conservation plan approved under SRC , or permitted by a variance granted under SRC No protected trees have been identified on the site plan for removal. SRC 809- Wetlands: The Salem-Keizer Local Wetland Inventory (LWI) does not show any wetland or hydric soil areas mapped on the property. SRC 810- Landslide Hazards: A geological assessment or report is required when regulated activity is proposed in a mapped landslide hazard area. The applicant's proposal would result in development in areas mapped with 2 landslide hazard points. The applicant provided a statement from a registered professional engineer that the site fits a low risk category and should require a geological assessment. Criterion 2: The transportation system provides for the safe, orderly, and efficient circulation of traffic into and out of the proposed development, and negative impacts to the transportation system are mitigated adequately. Finding: The existing street system is adequate to serve the proposed development and the development generates less than 20 new average daily vehicle trips; therefore, no right-of-way dedication or street improvements are required (SRC (d)). The proposed development is subject to a special setback equal to 30 feet from centerline on the development side of High Street SE. Any new structures or parking spaces will be subject to the special setback requirements. Kearney Street SE meets the right-of-way width and pavement width standards per the Salem TSP; therefore no additional street improvements

38 Conditional Use I Site Plan Review I Adjustment Case Hearings Officer meeting of April13, 2016 Page 18 are required as a condition of the proposed development. The applicant shall demonstrate the existing public sidewalks along all frontages of the property (including ADA ramps) meet current City of Salem Design Standards. Criterion 3: Parking areas and driveways are designed to facilitate safe and efficient movement of vehicles. bicycles. and pedestrians. Finding: The driveway accesses onto both Kearney Street SE and High Street SE provide for safe turning movements into and out of the property. Criterion 4: The proposed development will be adequately served with City water. sewer, stormwater facilities. and other utilities appropriate to the nature of the development. Finding: The Public Works Department has reviewed the applicant's preliminary utility plan for this site. The water, sewer, and storm infrastructure are available within surrounding streets/areas and appear to be adequate to serve the proposed development. The applicant shall design and construct all utilities (sewer, water, and storm drainage) according to the Public Works Design Standards and to the satisfaction of the Public Works Director. Backflow devices for the domestic and fire connections to the water system shall be installed directly inside the property downstream of the water meter I service connections. The applicant shall be required to design and construct a storm drainage system at the time of development. The application shall provide an evaluation of the connection to the approved point of discharge for new areas of impervious surface per SRC The applicant may be assessed Storm System Development Charges at the time of building plan approval based on increase in impervious surface on the subject property. 8. Analysis of Class 2 Adjustment Approval Criteria SRC (d)(2) establishes the following approval criteria for a Class 2 Adjustment: Criterion 1: The purpose underlying the specific development standard proposed for adjustment is: i) Clearly inapplicable to the proposed development: or ii) Equally or better met by the proposed development. Applicant's Statement: The applicant addresses this criterion on pages of Attachment D. The applicant's statement is summarized below.

39 Conditional Use I Site Plan Review I Adjustment Case Hearings Officer meeting of April13, 2016 Page 19 (1) Request to reduce the vehicle use area setback from 5 feet to 2 feet abutting the RS zone to the south. The project has a hardship due to site dimensions between the existing building and property line. Garbage trucks and retirement center shuttle buses require a 15-foot-wide drive aisle width, and a curbed walkway or planter is required along the building wall to protect the structure, leaving little room for landscape along the south boundary. An existing landscape strip will remain and additional landscaping is proposed in the southwest corner where it will not constrict the necessary driveway width. (2) Request to reduce the vehicle use area setback from 5 feet to 3 feet abutting the south side of the building. A hardship exists due to the combination of a limited distance between the south property line and building, an existing retaining wall, and a required 15-foot-wide drive aisle. (3) Request to reduce the vehicle use area setback from 5 feet to 1.5 feet abutting the west side of the building. The existing distance between the property line and building is limited. The need to meet the setback along the west boundary, provide parallel parking near the building, and leave room for shuttle bus and parking movements leaves little room for a walkway or planter strip near the building. Finding: The applicant is requesting an adjustment to several required setbacks. The existing site was developed in the 1960s and does not comply with the current setbacks for parking and vehicle use areas abutting the south property line and the west and south sides of the building. Nonconforming development may be altered or enlarged provided such new development complies with all applicable development standards. New development, including the removal and replacement of existing parking lot pavement, is required to meet the current setbacks. Application of the current codes would require eliminating the one-way driveway onto High Street SE, providing a two-way driveway onto Kearney Street SE, and redesigning the parking area so that it would have a two-way driveway onto Kearney Street SE. This would result in a smaller parking area with fewer spaces than the 13 proposed and would make maneuvering difficult for solid waste service vehicles and shuttle buses. Additionally, the distance between the west property line and the west side of the building near Kearney Street SE is less than 31 feet, which would not allow a 5-foot landscaped area adjacent to the west property line, a 22-foot-wide two-way drive aisle, and a 5-foot landscaped area or paved pedestrian pathway adjacent to the west side of the building, so other adjustments would be required to deviate from the standards. The proposed site plan indicates that landscape areas meeting the requirements of the code will be established along the western property boundary and in the southwestern corner of the property near the abutting residential zone. Additional trees and shrubbery will be planted within the planting strips.

40 Conditional Use I Site Plan Review I Adjustment Case Hearings Officer meeting of Apri113, 2016 Page 20 While the proposed site plan does not comply with the minimum standard, the development, as proposed and with the recommended conditions of approval, will bring the nonconforming site into greater conformance with the landscaping requirements by providing new landscape area where no landscaping currently exists. The proposal equally or better meets the purpose of the current setback standards. Criterion 2: If located within a residential zone, the proposed development will not detract from the livability or appearance of the residential area. Applicant's Statement: The applicant addresses this criterion on pages of Attachment D. The applicant's statement is summarized below. (1) Request to reduce the vehicle use area setback from 5 feet to 2 feet abutting the RS zone to the south. The proposed driveway and 2 to 3 feet of landscape strip maintain the existing site conditions. Additional landscaping will be added where appropriate, therefore livability and appearance of the residential area will remain the same or be slightly improved. (2) Request to reduce the vehicle use area setback from 5 feet to 3 feet abutting the south side of the building. Since no walkway or landscape exists along the building wall now, the proposed 3-foot walkway/planter will provide safety and visual improvements. Livability or appearance of the existing residential area will be unaffected. (3) Request to reduce the vehicle use area setback from 5 feet to 1.5 feet abutting the west side of the building. Since no walkway or landscape exists along the building wall now, the proposed 1.5- to 1.8-foot concrete curbing will provide a safety improvement and pose no real change to the livability or appearance of the existing residential area. Finding: The proposed adjustments would maintain an existing landscaped setback along the south property line, add a walkway and planter along the south side of the building, and add concrete curbing along the west side of the building. While the proposed site plan does not comply with the minimum standard, the development, as proposed and with the recommended conditions of approval, will enhance the safety and visual appeal of the subject property and will not detract from the livability or appearance of the adjacent residential area. With the following condition of approval, the proposal meets the criterion. Condition 5: The reduced landscape and setback requirements, as approved in this zoning adjustment, shall only apply to the specific development proposal shown in the attached site plan. Any future development, beyond what is shown in the attached site plan, shall conform to the minimum landscaping requirements for the site, unless reduced

41 Conditional Use I Site Plan Review I Adjustment Case Hearings Officer meeting of April 13, 2016 Page 21 Criterion 3: through a future land use action. If more than one adjustment has been requested. the cumulative effect of all the adjustments result in a project which is still consistent with the overall purpose of the zone. Applicant's Statement: The adjustments will have no cumulative negative impact upon the adjacent sites or the greater Gaiety Hill/ Bush's Pasture Park Historic District or neighborhood. Finding: The cumulative effect of granting the adjustments will be to enhance the appearance of the subject property and improve the safety of the parking and vehicle use area for a religious assembly use that has existed in the residential zone since the 1960s. RECOMMENDATION Based upon the Facts and Findings contained in this staff report, staff recommends that the Hearings Officer GRANT the request for a consolidated conditional use, site plan review and adjustment to modify an existing parking area and associated landscaping and screening for a religious assembly for property located at 935 High Street SE subject to the following conditions of approval: Condition 1: The proposed development shall be in substantial conformance with the approved site plan included as Attachment B. Condition 2: Existing and proposed landscape areas shall be planted with a minimum of 1 plant unit per 20 square feet of landscape area. A minimum of 40 percent of the required number of plant units shall be a combination of shade trees, evergreen/conifer trees, or ornamental trees. Condition 3: Where any portion of the existing hedge and/or accessory structure adjacent to the applicant's south property line abutting the RS-zoned property is removed, the applicant shall install a sight-obscuring fence, wall, or hedge that complies with the vision clearance standards of SRC Chapter 805 and screening standards of SRC (e), and the minimum height of 6 feet shall be measured from the paved surface of the adjacent parking and vehicle use area. Condition 4: Where no hedge and/or accessory structure exists adjacent to the western section of the applicant's south property line abutting the RS-zoned property, the applicant shall install a sight-obscuring fence, wall, or hedge that complies with the screening standards of SRC (e), and the minimum height of 6 feet shall be measured from the grade at the property line.

42 Conditional Use I Site Plan Review I Adjustment Case Hearings Officer meeting of April13, 2016 Page 22. Condition 5: The reduced landscape and setback requirements, as approved in this zoning adjustment, shall only apply to the specific development proposal shown in the attached site plan. Any future development, beyond what is shown in the attached site plan, shall conform to the minimum landscaping requirements for the site, unless reduced through a future land use action. Prepared by Pamela Cole, Plan~e~ II Application Deemed Complete Date: March State Mandated DeCision Date: July Attachments: A. B. C. D. E. F. Vicinity Map Proposed Site Plan Existing Conditions Plan Applicant's Statement South Central Association of Neighbors Comments Public Works Memo

43 Vicinity Map 935 High Street SE ATTACHMENT A legend Draxlots... DUrban Growth Boundary '... City Limits Feet ru Outside Salem City Limits ~ Historic District! Schools ~p ~ ars k <m~~ (_,.. AfYOUil S R.vtc Community Development Dept. This product is provided as is, without warranty. In no event Is the City of Salem liable for damages from the use of this product. This product is subject to license and copyright limitations and further distribution or resale is prohibited. C:\Users\pcole\Desktop\VicinityMapTemplate2016_maj-st-labels2anno.mxd- 1:52:07 PM

44 mmwmm I wax-14v \ ""' (503) 3 { SITE PLAN FIRST cmmcn or cums r scam-151- msuu. mm : nnun Renovation & Remodel First Church of Christ, Scientist mm: maven? minim: mm m.... mum m m.13 :IJIUIAH? IUIIVNLKISD. HIGH STREET nuuxmw rnmwmw mucuv mursmwmwrmz Drama EXISTING BLDG. \wzwmmnm cunnwwxxm mum aw I'AIIKICMIIIXIKEL Ilwunsmmmswn unnnruwnaxuu I MNU LUT file Ill-LID" u} V. (:2:,- valvmovtm n: lumlmncmmmnm A tam mucrunuc smm'zxm Immm I mxmmmm mu. NEW In! new A) mmm amon (503) Camhy. Oregon SCOTl' R. BECK ARCHITECT 36] NE. Third Avenue. m. unmarxuwu wr-...m.....m. m"....u...n... mam...m w. w... mm.:mflfilfifiémafir:'mwaflmmz." ".21.: W Wuwnufimn flmmmmm.. gm... may... merrnmi...m W W. mm..5,...1 mm mm, mmw1 W wammmw W m... mm.....m mmwmmmu...» mm..v...u sawmme'umhmw Sommnmnumm W Imam- Lawn m um.flown» mun-um«anhun-iummmmmumnnummm w-an;-.-wmomum. run-m CHURCH REMODEL PROJECT & SITE DATA ATTACHMENT B

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46 ATTACHMENT D Project Narrative for First Church of Christ, Scientist 935 High St. S.E. Exterior Fac;ade Improvements & Parking lot Replacement PART 1.: PART II. PART Ill. Site Plan Review- Class 3 Conditional Use Adjustments -Class 2 Applicant: First Church of Christ, Scientist 935 High St, S.E. Salem, OR Phone: Owner: Same Property Address: 935 High St. S.E., Salem Oregon Legal & Assessor's Map: Marion County Assessor's No. 073w27ca02500 Lot Area: 0.64 Acres Zoning: RS, Single Family Residential Located in the Gaiety Hill/ Bush's Pasture Park Historic District Neighborhood Association: South Central Association of Neighbors (SCAN) Architectural Consultant: Scott Beck Architect 361 N.E. Third Avenue Canby, OR (503) Civil Engineering Consultant: Locke Engineers, Inc., Greg Locke P.E Liberty ST SE Salem, OR, (503)

47 PART 1.: Site Plan Review- Class 3, Application narrative Property Description: Proposal This Church Remodel includes proposed interior and exterior work. No new building addition or floor area is proposed. The modifications proposed to the exterior of the building will include the restoration of the original church spire. The scope of exterior work includes: New paving, handicap accessible parking, accessible route to the building, landscaping upgrades, exterior walks and ramps, new wall hardie-lap cement siding, new standing seam metal roofing, some new storefront windows, new exterior doors, new wall sign and the spire. Previous Land Use Action: The subject property is a non-contributing resource according to the Salem Historic Resources Inventory List. The Proposed Exterior Site and Building Improvements were approved by the Salem Historic Review Board on February 15, Site Aerial Photo 2

48 Zoning of Surrounding Properties North: East: South: West Across Kearney Street SE, RS (Single Family Residential) Across High Street SE, PA (Public Amusement) RS (Single Family Residential) CO (Commercial Office) Proposed Use- Existing Church The proposed site work includes removal of the existing parking lot asphalt, regrading of the parking area to accommodate required handicap parking grades and improve drainage, landscaping upgrades, and exterior walks and ramp modifications. The site plan (Attached) indicates on-site parking of 13 spaces. The proposed Church remodel includes 145 seats in the principal worship area and the property owner has an agreement for 40 parking stalls on the adjacent Commercial Office-zoned property to the west. 3

49 Municipal Code Conformity to Title 10 -Zoning The following text addresses all applicable sections of the current Salem Revised Codes SRC Title 10 Zoning Code, followed by a written statement in highlighted italic text explaining how the proposed project conforms to the given requirement. SRC Chapter Site Plan Review (3) Class 3 Site Plan Review. An application for Class 3 Site Plan Review shall be granted if: (A). The application meets all applicable standards of the UDC; This Narrative and Drawings will illustrate Conformance to the UDC Standards. Some instances require Conditional Use and or Adjustment approval to conform. (B) The transportation system provides for the safe, orderly, and efficient circulation of traffic into and out of the proposed development, and negative impacts to the transportation system are mitigated adequately; Narrative and Drawings will illustrate Conformance.. (C) Parking areas and driveways are designed to facilitate safe and efficient movement of vehicles, bicycles, and pedestrians; and Narrative and Drawings will show Conformance. (D) The proposed development will be adequately served with City water, sewer, storm water facilities, and other utilities appropriate to the nature of the development. (Ord No ; Ord No ) Water service: A single water meter will supply domestic water for restrooms and janitorial. An irrigation service will 'T' off downstream of the water meter and include backflow protection from landscaping irrigation. Fire Suppression: Several fire hydrants are located nearby to provide fire suppression water to the proposed building. In addition the building will be retrofitted with a commercial fire sprinkler system. The Fire Service tap is existing. Sanitary sewer: Wastewater will be typical of a Church. One private sewer lateral will be provided to plumb the Church upper and lower floor levels. The private sewer laterals will drain to the sewer tap into the public main on Kearney St. S.E. Electrical: A single electrical meter will be used for the building. The meter is existing. Natural Gas: The building will use a single natural gas meter and service. The meter will be relocated to north side of the builidng. Phone I cable: Existing telephone and cable will be connect to the building. 4

50 Storm drainage: Storm water runoff from the existing building and new pavement surfaces will be managed through construction of catch basins and underground storm drain piping connecting to the existing storm drain laterals which tie into the public storm drainage system. Actual impervious area is being reduced with the reduction of on-site paved area and an increase in pervious landscape area. Garbage: Portable garbage and recycling cans will be utilized in association with the Office and Restroom facilities. Large dumpsters will not be utilized. US Mail: Current mail delivery methods will continue to the building or as directed by the U.S. Postal Service. SRC Chapter RS (Single Family Residential) Zone RS Development Standards The existing use is classified as Religious Assembly and is a special use in the RS zone per SRC Chapter 511, Table 511-1, subject to the special use standards of SRC The existing bu ilding and parking lot were constructed in the 1960s and are nonconforming with respect to some development standards. Nonconforming development may be altered or enlarged provided such new development complies with all applicable development standards of the UDC and all other applicable laws, ordinances, and regulations. The removal and replacement of pavement in the existing parking lot is considered development. Conditional use approval will be required if the proposed configuration will not meet the special use standards. Adjustments will be required if the proposed configuration will not meet applicable parking and vehicle use development standards. a. Lot Standards (SRC O(a)): For a religious assembly use, the RS zone requires a minimum lot area of 6, 000 square feet, minimum lot width of 40 feet, minimum lot depth of 80 feet, maximum lot depth of 300% of average lot width, and minimum street frontage of 40 feet. The subject property meets the standards, with an area of 27,969 square feet, lot width of 200 feet, average lot depth of 134 feet, and street frontage of 346 feet. Special use standards also apply and are discussed later in this narrative. b. Setbacks (SRC O(b)): Setbacks within the RS zone shall be provided as set forth in Table Special use standards also apply and are discussed later in this report. Abutting Street Minimum setbacks are 12 feet to local streets aild 20 feet to collector or arterial streets. If there is a special setback on High Street, the required setbacks must be measured from the special setback line. The existing building and all new site improvements including parking meet the minimum 12 feet setback along Kearney Street and High Street. The additional 5' special setback along High Street is also met. 5

51 Interior Side and Rear The subject property is adjacent to an RS zone on the south (side) and CO zone on the west (rear). The minimum side setback is 5 feet to buildings. The minimum rear setback is 14 feet to any portion of a building not more than one story in height and 20 feet to any portion of a building greater than one story in height. Kearney is a local street and High is a collector street. The site plan indicates that the existing building meets the setbacks of the RS zone with setbacks of 13.5 feet from Kearney Street SE, 22 feet from High Street SE, 20 feet from the south (side) property line, and 29 feet from the west (rear) property line. c. Lot Coverage, Height (SRC (c)): For a religious assembly use, the RS zone allows maximum lot coverage of 35% and maximum height of 50 feet. The existing building height is less than 50 feet. The existing/proposed lot coverage (including the entire roof) is approximately 44%, which is nonconforming with respect to this standard. The proposed site plan is to be reviewed as a Conditional Use for acceptance as an existing nonconforming conditional. No new lot coverage is proposed with the project. SRC Chapter 700- Special Use Provisions Special Use Standards The special use standards set forth in Chapter 700 apply only where a use is designated as a special use, and are in addition to the standards that apply to uses generally within a zone or overlay zone. A special use that complies with the standards set forth in this Chapter and with the applicable standards of the UDC does not require approval beyond that required for a use that is a permitted use. The special use standards set forth in Chapter 700 may be modified, unless otherwise specially provided in this Chapter. Modification to a special use standard shall be made pursuant to Conditional Use approval, as provided in SRC Chapter 240. In no case shall Conditional Use approval allow a standard that it less restrictive than the development standards established in the zone or overlay zone. (a) Notwithstanding SRC Chapter 270, existing non-conforming religious assemblies that are substantially damaged or destroyed by any cause may be rebuilt provided that the degree of non-conformity is not increased. For purposes of this section, "existing non-conforming religious assemblies" are religious assemblies that were non-conforming on February 25, (b) Seating Capacity. The seating capacity of the largest space within a religious assembly shall not exceed the standards set forth in Table Where seating is provided in the form of fixed individual seating, one fixed individual seat equals one seat. Where seating is provided in the form of fixed benches, two feet of fixed bench length equals one seat. In areas where portable seating is provided, 15 square feet of floor area equals one seat. Maximum seating capacity cannot be modified through Conditional Use approval. In the RS zone, a maximum seating capacity of 375 is applicable to lots abutting a local, collector, or arterial street. The Seating capacity of the principal worship area is proposed at 145 seats. The facility is located on a collector street. The proposal meets the standard. 6

52 (c) LocationaiStandards. Religious assemblies shall be located on streets as set forth in Table In the RS zone, location on a local street is allowed for seating capacity of 375 seats or less. Location on a Collector or Arterial Street is allowed for seating capacity of 375 seats or less. The Seating capacity of the principal worship area is proposed at 145 seats. The facility is located on a collector street. The proposal meets the standard. (d) Access. Access to religious assemblies may be provided from local, collector, or arterial streets. Access provided from a local street shall conform to the standards set forth in Table In the RS zone, only one access point is allowed from a local street. The existing access to the site is one-way, entering from a local street and exiting to a collector street. The proposal meets the standard. (e) Lot Standards. Maximum lot area and minimum street frontage requirements for religious assemblies are set forth in Table The lot standards identified in Table apply to an individual lot, or contiguous lots when two or more lots under a single ownership are combined to accommodate the development. For purposes of this subsection, contiguous lots shall include lots that are separated by an alley. In the RS zone, a maximum of 2 acres applies. The subject property is 0.64 acre. The proposal meets the standards. (f) Setbacks. Setbacks for religious assemblies shall be provided as set forth in Table In the RS zone, the minimum setback abutting a street is 12 feet for vehicle use areas, 12 feet for bu ildings not more than 25 feet in height, and 12 feet plus two feet for each 5 feet in height over 25 feet for buildings over 25 feet in height; the minimum setback abutting an interior side or interior rear lot line is 15 feet for vehicle use areas abutting a residential zone, 5 feet for vehicle uses areas abutting non-residential zones, 12 feet for buildings not more than 25 feet in height, and 12 feet plus two feet for each 5 feet in height over 25 feet for buildings over 25 feet in height. North and East- abutting street: The existing building is not more than 25 feet in height and is more than 12 feet from the streets, meeting the standard. The proposed pavement for the parking and vehicle use area is 18 feet from Kearney Street SE and 82 feet from High Street SE, where 12-foot setbacks are required. The proposed site design meets these standards. South - abutting RS zone: The existing building is not more than 25 feet in height and is more than 12 feet from the property line, meeting the standard. The proposed pavement for the parking and vehicle use area in the southwest corner is 29 feet to the parking stall, but on ly 2.25 feet from the property line, where a 15-foot setback is required.. An existing landscape planter is located at the southwest corner of the property and a new planter is proposed at the southeast corner. Conditional use approval is required to reduce the 15-foot setback required under the special use standard. An adjustment is also required to reduce the setback to less than 5 feet, which is the minimum perimeter setback for a parking and vehicle use area under SRC Chapter 806. Arguments for approval of the conditional use are discussed later in this narrative. West- abutting CO zone: The existing building is not more than 25 feet in height and is more than 12 feet from the property line, meeting the standard. The proposed pavement for the parking and vehicle use area is 5.5 feet from the property line. The proposal meets the standard. (g) Lot Coverage; Height. Buildings and accessory structures for religious assemblies shall conform to the lot coverage and height standards set forth in Table In the RS zone, the 7

53 maximum lot coverage by buildings and accessory structures is 40%, applicable to an individual lot or contiguous lots when multiple lots are combined under a single ownership to accommodate the development. For the purpose of this requirement, contiguous shall include lots that are separated by an alley. In the RS zone, the maximum height is 35 feet for buildings and 50 feet for spires, steeples, and towers without usable floor space. The lot coverage by the existing/proposed building is approximately 44% of the lot area and is nonconforming with respect to the special use standard of 40% and the underlying zone standard of 35%. The proposed site building and site modifications do not increase the existing lot coverage. Since the existing project exceed the 40% special use standard, conditional use approval is required to exceed the standard. Arguments for approval of the conditional use are discussed later in this narrative. The height of the building is not changing and meets the standards of the special use and the underlying zone. (h) Off-Street Parking. (1) Location. (A) Off-street parking may be located on-site or off-site. When parking is provided offsite, it shall be located: (i) On a lot or lots that are contiguous to the lot containing the main building or use; or (ii) Within 600 feet of the lot containing the main building or use, on a lot or lots within a non-residential zone. (B) For the purposes of this paragraph, contiguous shall include a lot or lots that are separated from the lot containing the main building or use by an alley. (2) Screening. Off-street parking areas shall be screened from abutting residential zoned property. Some of the required parking spaces are located on the lot with the building and some are located (through a parking agreement) on a CO-zoned lot that is contiguous to the lot. The offstreet parking area is screened from abutting RS-zoned property to the south, but a portion of the existing screening is located on the adjacent property and a portion is on the Church's property. Additional screening is required to meet the standards of SRC 807: Fences and walls shall be a minimum of 6 feet in height; landscaping shall be of a species that will attain a height of at least 6 feet within 3 years after planting; screening shall be sight-obscuring; fences, walls, and landscaping shall be at least 75 percent opaque when viewed from any angle at a point 25 feet away from the fence, wall, or landscaping; landscaping shall be of an evergreen species that wi ll attain required opacity within 3 years after planting. The existing hedgerow to the south is roughly 4 feet tall with the top of the hedge roughly 8 feet above the Church's driveway and building grade. Likewise the existing accessory structure on the Neighboring parcel is roughly 7 feet tall. The property owner to the south Mrs. Irene Longaker has been contacted regarding this issue. -She is in favor of leaving the hedge row as is and that a fence not be constructed. The existing hedgerow and neighboring accessory building effectively meet the intent of this requirement. 8

54 (i) Landscaping. All lot area not developed for buildings, structures, parking, loading, or driveways shall be landscaped as provided in SRC Chapter 807. The proposal includes removal of existing landscaping and replacement with new landscaping. No existing tree over 4" caliper will be removed. The new plantings will include at least one plant unit per 20 square feet of required landscape area and comply with other applicable standards of SRC chapter 807. A conditional use application is required for approval of less than the 15 foot minimum setback to parking and maneuvering from the residential zone to the south. Arguments for approval of the conditional use are discussed later in this narrative. (k) Related Uses. Schools, day care facilities, kindergartens, meeting facilities for clubs and organizations, and other similar activities operated primarily for the purpose of religious instruction, worship, government of the church, or the fellowship of its congregation shall be permitted. When such activities are not operated primarily for the purpose of religious instruction, worship, government of the church, or the fellowship of its congregation, the activities shall be allowed only if they are an allowed use in the zone. The proposal does not include a change of activities. SRC Chapter 806- Off-Street Parking, Loading, and Driveways SRC Amount of Off-Street Parking. a) Minimum Required Off-Street Parking. The minimum number of off-street parking spaces required for a Religious Assembly use per Table is per 5 seats or 10 feet of bench length within the principal worship area; or 1 per 80 sq. ft. within the principal worship area, when no fixed seating or benches are provided. b) Compact Parking. Up to 75 percent of the minimum off-street parking spaces required under this Chapter may be compact parking spaces. c) Carpool and Vanpool Parking. New developments with 60 or more required off-street parking spaces shall designate a minimum of 5 percent of their total off-street parking spaces for carpool or vanpool parking. d) Maximum Off-Street Parking. Unless otherwise provided under the UDC, off-street parking shall not exceed the amounts set forth in Table The site plan indicates that the principal worship area will have 145 seats, so the minimum parking requirement would be 29 spaces (145/ 5 seats per stall). The site plan indicates 13 parking spaces on-site and in addition the Church has an agreement to use up to 40 stalls on the adjacent property to the west in the CO zone. A copy of the agreement is submitted with this site plan review application. The proposed on-site and off-site parking spaces are adequate. In addition, Compact parking proposed is 46% of on-site parking provided. The proposal meets these standards. SRC Off-Street Parking and Vehicle Use Area Development Standards a) General Applicability. The off-street parking and vehicle use area development standards set forth in this section shall apply to: (1) The development of new off-street parking and vehicle use areas; (2) The expansion of existing off-street parking and vehicle use areas, where additional paved surface is added; (3) The alteration of existing off-street parking and vehicle use areas, where the existing paved surface is replaced with a new paved surface; and 9

55 (4) The paving of an un-paved area. Because the proposal includes replacing the existing paved surface with a new paved surface, the parking and loading areas and associated maneuvering areas must be developed to the standards of SRC , , , and Off-Street Parking and Vehicle Use Area Development Standards for Uses or (a) Location. (1) Generally. Off-street parking and vehicle use areas shall not be located within required setbacks. All proposed parking is located outside the required setbacks with the exception of the existing south drive-aisle. Arguments for approval of the required conditional use are discussed later in this narrative. (b) Perimeter Setbacks and Landscaping. (2) Perimeter Setbacks and Landscaping, Generally. (A) Perimeter Setbacks. Perimeter setbacks, as set forth in this subsection, shall be required for off-street parking and vehicle use areas abutting streets, abutting interior front, side, and rear property lines, and adjacent to buildings and structures. (B) Perimeter Landscaping. Required perimeter setbacks for off-street parking and vehicle use areas shall be landscaped as set forth in this subsection. (3) Perimeter Setbacks and Landscaping Abutting Streets. Unless a greater setback is required elsewhere within the UDC, off-street parking and vehicle use areas abutting a street shall be setback and landscaped according to one the methods set forth in this paragraph. Street trees located along an arterial street may be counted towards meeting the minimum required number of plant units. (A) Method A. The off-street parking and vehicle use area shall be setback a minimum of 10 feet (see Figure 806-1). The setback shall be landscaped according to the Type A standard set forth in SRC Chapter 807. FIGURE PERIMETER SETBACKS AND LANDSCAPING ABUTTING STREETS - METHOD A. } ).I (" ( _,- <'.. \ Lot ( lt1f' I ; 1-.J ' I rublic Hight oi-way Mm. I 0 ft l rarklng LCll 1.1nd~<3P" ->nip' 0 1 Broswdh.! 10

56 3) Perimeter Setbacks and Landscaping Abutting Interior Front, Side, and Rear Property Lines. Unless a greater setback is required elsewhere within the UDC, off-street parking and vehicle use areas abutting an interior front, side, or rear propetty line shall be setback a minimum of 5 feet (see Figure 806-5). The setback shall be landscaped according to the Type A standard set forth in SRC Chapter 807. FIGURE LANDSCAPING ADJACENT TO AN ADJACENT LOT Lot l ine I Ab uulnq l o t 1 r /tl n., ft 1 l'o rk1 11 ~11 <>I L,,, IO~U I "' ~ ~~ p (4) Setback Adjacent to Buildings and Structures. Except for drive-tlu-ough lanes, where an off-street parking or vehicular use area is located adjacent to a building or structure, the off-street parking or vehicular use area shall be setback from the exterior wall of the building or structure by a minimum 5-foot-wide landscape strip, planted to the Type A standard set forth in SRC Chapter 807, or by a minimum 5-foot-wide paved pedestrian walkway (see Figure 806-6). A landscape strip or paved pedestrian walkway is not required for drive-through lanes located adjacent to a building or structw-e. FIGURE LANDSCAPING ADJACENT TO A BUILDING Whf>f"l Stop \ \ ~~ \ ~'.-:~T""-1 ~ '{ i~ '~ I 1 -~ \.- ~ ~.(:!/~ '~I.i..~ ~.~ L3tlildlng l'arkmg Lo t Landscape Strip Ot raved Will kwa y The proposed parking and vehicle use areas meet t he following perimeter setbacks: Abutting Kearney Street SE feet required under the special use standards, 6 to 10 feet required under SRC Chapter 806, 18.5 feet proposed. Abutting High Street SE feet required under the special use standards, 6 to 10 feet required under SRC Chapter 806, 12 feet proposed. Abutting the west property line -- 5 feet required under the special use standards, 5 feet required under SRC Chapter 806, 5.5 feet proposed. II

57 The proposed parking and vehicle use area do not meet the following perimeter setbacks: Abutting the south property line feet required under special use standards, 5 feet required under SRC Chapter 806, 2.5 feet average proposed. Abutting the south end of the building -- 5 feet of paved pedestrian path or landscaping required between the vehicle use area and the building required under SRC Chapter 806, 3 feet proposed. Abutting the west end of the building -- 5 feet of paved pedestrian path or landscaping required between the vehicle use area and the building required under SRC Chapter 806, 1.4 feet proposed. Arguments for approval of the required conditional use are discussed later in this narrative. (d) Interior Landscaping. (1) Interior Landscaping, Generally. Interior landscaping, as set forth in this subsection, shall be required for off-street parking areas 5,000 square feet or greater in size; provided, however, interior landscaping is not required for: (A) Vehicle storage areas. (B) Vehicle display areas. (C) Temporary and seasonal gravel off-street parking areas, approved pursuant to SRC Chapter 701. (D) Gravel off-street parking areas, approved through a conditional use permit. (E) Underground parking. (F) Parking garages. (2) Minimum Percentage of Interior Landscaping Required. Interior landscaping shall be provided in amounts not less than those set forth in Table For purposes of this paragraph, the total interior area of an off-street parking area is the sum of all areas within the perimeter of the off-street parking area, including parking spaces, aisles, planting islands, corner areas, and curbed areas, but not including interior driveways. Perimeter landscaped setbacks and required landscape strips separating off-street parking areas from buildings and structures shall not count towards satisfying minimum interior landscaping requirements. TABLE INTERIOR OFF-STREET PARKING AREA LANDSCAPING Table 806-5: Interior Off-Street Parking Area Landscaping Total Interior Area of Off- Street Parking Area Less than 50,000 sq. ft. Percentage Required to be Landscaped Min.5% 50,000 sq. ft. and Greater Min. 8% 12

58 The proposed site plan has a combined Parking/landscape area of 7,885 square feet. This area includes parking stalls, maneuvering, curbs and planters adjacent to the parking area. (excluding the far north and south driveways). The proposed internal landscape requirement of 5% = 400 square feet minimum; 498 square feet is proposed. The proposal meets these standards. (3) Trees. A minimum of one deciduous shade tree shall be planted for every 12 parking spaces with in an off-street parking area. Trees may be clustered within landscape islands or planter bays, and sha ll be distributed throughout the off-street parking area to create a canopy effect and to break up expanses of paving and long rows of parking spaces. (4) Landscape Islands and Planter Bays. Landscape islands and planter bays shall have a minimum planting area of 25 square feet, and shall have a minimum width of 5 feet This proposal will meets these requirements once the final landscape plan is prepared. Conditional Use and Class 2 Adjustments are requested later in this narrative for conditions that do not meet the minimum width. Arguments for approval of the required conditional use is discussed later in this narrative. (e) Off-Street Parking Area Dimensions. Off-street parking areas shall conform to the minimum dimensions set forth in Table 806-6; provided, however, minimum off-street parking area dimensions shall not apply to: (1) Vehicle storage areas. Table 806-6: Minimum Ott-Street Parking Area Dimensions Front of Aisle Parking Stall Stall to Curb Stall to Type of Width Angle Width Curb (1)(2) Length Front of A <3> Space B C3> c (3) E <3> Dm Stall Fl CJ> Overlap Front of Stall to Front of Stall F2 < 3 > 9'6" '0" ' 60' Compact 8'0" '6" ( 4 ) Standm-d 9' 0" '6" '0'' Compact 8'0" '6" (q) Standard 9'0'' '6" '0'' ' Compact 8'0" (Parallel) Standard 8'0'' The proposed site plan and parking layout provide adequate dimensions to meet the above requirements of table This requirement is met. 13

59 Bicycle Parki ng; When Required. (a) General Applicability. Bicycle parking shall be provided as required under this Chapter for: (1) Each proposed new use or activity. (2) Any change of use or activity, when such change of use or activity results in a bicycle parking ratio requiring a greater number of spaces than the previous use or activity. (3) Any intensification, expansion, or enlargement of a use or activity. (b) Applicability to Nonconforming Bicycle Parking Area. When bicycle parking is required to be added to an existing bicycle parking area that has a nonconforming number of spaces, the number of spaces requ ired under this Chapter for any new use or activity, any change of use or activity, or any intensification, expansion, or enlargement of a use or activity shall be provided, in addition to the number of spaces required to remedy the existing deficiency. (Ord No ) Proximity of Bicycle Parking to Use or Activity Served. Bicycle parking shall be located on the same development site as the use or activity it serves. (Ord No ) Amount of Bicycle Parking. Unless otherwise provided under the UDC, bicycle parking shall be provided in amounts not less than those set forth in Table (Ord No ) Table 806-8: minimum bicycle parking requires (1) bike parking stall per (30) parking stalls. (29) car park sta lls are required, therefore (1) bike sta ll is required. A (3) bike rack is proposed adjacent to the East Building Entry. Th is requirement is therefore met. SRC Off-Street Loading Areas a) General Applicability. Off-street loading shall be provided and maintained as required under this Chapter for: (1) Each proposed new use or activity. (2) Any change of use or activity, when such change of use or activity results in a bicycle parking ratio requiring a greater number of off-street loading spaces than the previous use or activity. (3) Any intensification, expansion, or enlargement of a use or activity. The loading requirement for the existing use between 5,000 and 60,000 square feet is one 12 foot by 30 foot by 14 foot space. An off-street parking area meeting the requirements of this Chapter may be used in place of a required off-street loading space when the use or activity does not require a delivery vehicle which exceeds a maximum combined vehicle and load rating of 8,000 pounds and the off-street parking area is located within 25 feet of the bu ilding or the use or activity that it serves. The existing church use is not increased in intensity of use and deliveries will occur during off-church worship hours. Adequate space is provided at parallel parking stalls to satisfy this requirement. 14

60 SRC Chapter 807- Landscaping and Screening All building permit applications for development on lots subject to landscaping requirements shall include landscape and irrigation plans. All required landscape areas shall be planted with a minimum of 1 plant unit per 20 square feet of landscape area. The owner and tenant shall be jointly and severally responsible for maintaining all landscaping material in good condition so as to present a healthy, neat and orderly appearance. Unhealthy or dead plant materials shall be replaced in conformance with the approved landscape plan. Landscape and irrigation plans will be provided with final construction drawing at building permit submittal for Planning Review. It is the intent of this proposal to conform to all landscaping and buffering requirements with the exception of those discussed later in th is narrative for Conditional Use or Adjustment approval. SRC Chapter 808- Preservation of Tree and Vegetation. No shrubs or trees over 4" diameter caliper will be removed from the existing landscape. Based upon this no significant tree or heritage tree will be affected. This requirement is met. SRC Chapter 900- Signage. In the RS zone, the following signs are allowed for a business: (1) One wall sign or one freestanding sign. (A) Wall signs shall be limited to a display surface not exceeding thirty-two square feet. (B) Freestanding signs shall limited to a display surface not exceeding twenty-four square feet and to a height not exceeding five feet. (2) Vehicle Directional Signs. One vehicle directional sign located at each motor vehicle entrance to or exit from the property. A wall sign shall be limited to a display surface not exceeding four square feet. A freestanding sign shall be limited to a display surface not exceeding four square feet and to a height not exceeding thirty inches. (3) Facilities for Religious Services. In addition to the signs allowed in SRC (d)(1) and (2), facilities for religious services that have a school, day care facility, kindergarten, or other similar accessory use are allowed one additional sign, which may be either a wall sign or a freestanding sign. (A) Wall signs shall be limited to a display surface not exceeding thirty-two square feet in display surface. (B) Freestanding signs shall be limited to a display surface not exceeding twenty-four square feet and to a height not exceeding five feet. The building has an existing wall sign that is indirectly illuminated near the East building entrance. The applicant proposes to replace this sign with slightly larger letters at the same location. The new wall sign will consist of individual metal letters mounted to the wall and indirectly illuminated by led spot lights concealed in the roof overhang above. The area of the proposed wall sign will not exceed the 32 square feet of total area allowed. Historic design review in accordance with SRC Chapter 230 has already approved the concept for the new wall sign with their February 15, 2016 Review Approval. Final signage drawings will be submitted with the sign permit application. The intent of the Signage code is met. 15

61 PART II. Conditional Use, Application narrative As already mentioned in this narrative, the existing building and parking lot were constructed in the 1960s and are nonconforming with respect to some development standards. Nonconforming development may be altered or enlarged provided such new development complies with all applicable development standards of the UDC and all other applicable laws, ordinances, and regulations. The removal and replacement of pavement in the existing parking lot is considered development. Conditional use approval will be required if the proposed configuration will not meet the special use standards. Adjustments will be required if the proposed configuration will not meet applicable parking and vehicle use development standards. The following site related items require Conditional Use approval relative to SRC development standards: A. Relief from 15 foot setback at South property line. Chapter 700 Special Use Provisions, Table Setbacks, requires a 15 foot setback between vehicle use areas and the neighboring RS zone to South of the subject project. B. Relief from 40% maximum Lot Coverage. Buildings and accessory structures for religious assemblies shall conform to the lot coverage and height standards set forth in Table In the RS zone, the maximum lot coverage by buildings and accessory structures is 40%. C. Relief from 6 foot tall site obscuring fence or wall at South property line. Per , (i) Off Street parking, (2) Screening. Off-street parking shall be screened from abutting residential zoned property, per SRC Chapter , (e) Screening Standards. Unless otherwise provided under the UDC, where screening is required in the form of a fence, wall, or landscaping, it shall conform to the following standards: (1) Heigbt. Fences and walls shall be a minimum of 6 feet in height. Landscaping shall be of a species that will attain a height of at least 6 feet within 3 years after planting. CRITERIA FOR APPROVAL Per SRC 240 CONDITIONAL USE Conditional Use Permits (a) Criteria. An application for conditional use permit shall be granted if all of the following criteria are met: (I) The proposed use is allowed as a conditional use in the zone; (2) The reasonably likely adverse impacts of the use on the immediate neighborhood can be minimized through the imposition of conditions; and (3) The proposed use will be reasonably compatible with and have minimal impact on the livability or appropriate development of s urrounding property. 16

62 Conditional Use- Arguments in favor of Approval Conditional Use A.: Relief from 15 foot setback at South property line; reduce to 2 feet. (1) The proposed use is allowed as a conditional use in the zone; Per the RS zone, Religious Assembly is allowed as a Special Use. (2) The reasonably likely adverse impacts of the use on the immediate neighborhood can be minimized through the imposition of conditions; and... There will be no adverse impact created by approving the existing distance separation between the property line and edge of internal driveway pavement. a. The existing Church building and site improvements were constructed in 1963 prior to the creation of current zoning and development code. The applicant is proposing to remove the existing on-site asphalt due to deterioration and re-grade to conform with current handicap parking and accessibility requ irements. The decision to replace the pavement rather than a paving overlay is triggering the requirement to conform to the current SRC. b. Maintaining the existing driveway locations and parking layout pattern is required due to existing site and building position constraints. The proposed south driveway width of roughly 15 feet is necessary for functional and safe vehicle turning movements along the south end of the building. See Attachments A. B. C and D. c. Creating a 15 foot setback to the driveway edge would require removing a portion of the building which is not an option. This would be unfair to the applicant and create an uproar with the SCAN neighborhood association and Historical Review Committee which have both been supportive of the proposed project.. d. The applicant is attempting to meet the spirit of the requirement by creating new landscape planting where feasible at the Southeast corner of the site. (3) The proposed use will be reasonably compatible with and have minimal impact on the livability or appropriate development of surrounding property. a. The neighboring property owner to the south: Mrs. Irene Longaker, 975 High Street, SE has stated in writing that she is supportive of the proposed site improvements and prefers a minimalist approach to changes along the shared property boundary. The proposed Conditional use should be approved as the lesser landscape setback to the driveway will have no impact on the livability of surrounding property. Conditional Use B.: Relief from 40% maximum Lot Coverage; increase to 44%. (1) The proposed use is allowed as a conditional use in the zone; Per the RS zone, Religious Assembly is allowed as a Special Use. (2) The reasonably likely adverse impacts of the use on the immediate neighborhood can be minimized through the imposition of conditions; and... a. No new building footprint or roof area is proposed by the applicant. The existing 44% lot coverage will remain unchanged, therefore no impact on the neighborhood will occur. 17

63 (3) The proposed use will be reasonably compatible with and have minimal impact on the livability or appropriate development of surrounding property. a. The compatibility with surrounding properties remains the same. The proposed Conditional use should be approved as the existing lot coverage remains unchanged. Conditional Use C.: Relief from 6 foot tall site obscuring fence or wall at South property Line; eliminate fence requirement. (1) The proposed use is allowed as a conditional use in the zone; Per the RS zone, Religious Assembly is allowed as a Special Use. (2) The reasonably likely adverse impacts of the use on the immediate neighborhood can be minimized through the imposition of conditions; and... a. The existing hedgerow and neighbor's garden shed building shown on Attachments B. C and D. provide an existing buffer between the subject property and the residential parcel to the south. The existing grade level of the Church drive aisle is 3 to 4 feet below the south neighbor due to an existing concrete retaining wall. The hedge is 4 feet tall from the top of the wall and the shed is 7 feet tall from the top of the wall. The net effect is a 7 to 1 0 foot tall site obscuring buffer along the Church side and 4 to 7 feet tall buffer from the neighbor's side of the boundary. These elements provide an adequate buffer and level of privacy between the properties without adding a new fence or wall. 3) The proposed use will be reasonably compatible with and have minimal impact on the livability or appropriate development of surround ing property. a. As previously mentioned, neighbor Irene Longaker is supportive of the proposed site design and is quite fond of the existing hedgerow between the properties. Installing a fence or wall along the property line serves no purpose and the existing hedge could easily obtain 6 feet in height subject to the shared landscape trimming maintenance. The proposed Conditional use should be approved as the existing landscape hedgerow and shed building wall provide adequate privacy screening and leaving them intact will have no impact on the livability of surrounding property. 18

64 PART Ill. Adjustments- Class 2, Application narrative The following site related items require Class 2 Adjustment approval relative to SRC development standards: A. Relief from 35% maximum Lot Coverage. Lot Coverage, Height (SRC (c)): For a religious assembly use, the RS zone allows maximum lot coverage of 35% B. Relief from 5 foot landscape setback at South property line. Section (3) Perimeter Setbacks and Landscaping Abutting Interior Front, Side, and Rear Property Lines. Unless a greater setback is required elsewhere within the UDC, off-street parking and vehicle use areas abutting an interior front, side, or rear property line shall be setback a minimum of 5 feet (see Figure 806-5). C. Relief from 5 foot landscape or walkway at South drive aisle and building wall. Section (4) Setbacl'- Adjacent to Buildings and Structures. Except for drivethrough lanes, where an off-street parking or vehicular use area is located adjacent to a building or structure, the off-street parking or vehicular use area shall be setback from the exterior wall of the building or structure by a minimum 5-foot-wide landscape strip, planted to the Type A standard set forth in SRC Chapter 807, or by a minimum 5-foot-wide paved pedestrian walkway (see Figure 806-6). A landscape strip or paved pedestrian walkway is not required for drivethrough lanes located adjacent to a building or structure. D. Relief from 5 foot landscape or walkway at West drive aisle and building wall. Same SRC requirement as item C, above. CRITERIA FOR APPROVAL per SRC 250 ADJUSTMENTS Adjustments (d) Criteria. (2) An application for a Class 2 adjustment shall be granted if all of the following criteria are met: (A) The purpose underlying the specific development standard proposed for adjustment is: (i) Clearly inapplicable to the proposed development; or (ii) Equally or better met by the proposed development. (B) If located within a residential zone, the proposed development will not detract from the livability or appearance of the residential area. (C) If more than one adjustment has been requested, the cumulative effect of all the adjustments result in a project which is still consistent with the overall purpose of the zone. Adjustments- Arguments in favor of Approval Adjustment A.: Relief from 35% maximum Lot Coverage; increase to 44%. (A) The purpose underlying the specific development standard proposed for adjustment is: (i) Clearly inapplicable to the proposed development; a. The existing bu ilding was constructed prior to the current Salem Revised Code requirements. No new building floor area or roof area is proposed with this project. The existing 44% lot coverage is not changed by this adjustment. 19

65 (B) If located within a residential zone, the proposed development will not detract from the livability or appearance of the residential area. a. Since the lot coverage is unchanged, this proposal the adjustment will have no impact on the livability or appearance of the residential area. This adjustment should be approved. Adjustment B.: Relief from 5 foot landscape setback at South property line; reduce to 2 feet (A) The purpose underlying the specific development standard proposed for adjustment is: (i) Clearly inapplicable to the proposed development; a. This project has a hardship condition due to site dimension between the existing building and the property line and the requirement to provide a minimum 15 foot wide driveway along the south property line. See Attachments B. C and D. The proposed site plan shows the truck travel clearance path requ ired for Garbage Trucks and Retirement Center Shuttle Busses. This path includes entering, negotiate through site and exit the by way of drive aisle. Both types of vehicles make weekly visits to the Church site. In order to maintain an adequate and safe travel lane the roughly 15 foot wide drive width is required. In addition a curbed walkway or planter is required along the building wall to protect the structure from vehicles. The cumulative effect of the 15 foot minimum driveway width and the requirement for the walkway/planter at the building wall leaves little additional room to add landscape along this south boundary. The existing 2 to 3 foot landscape planting strip along the property line is shown to remain along the property line. Additional landscaping is proposed at the southeast corner of the site where it can be reasonably added with out constricting the necessary driveway width. (B) If located within a residential zone, the proposed development will not detract from the livability or appearance of the residential area. a. The proposed driveway and the 2 to 3 feet of landscape strip basically maintains the existing site conditions along this property line. Additional landscape will be added where appropriate, therefore the livability and appearance of the residential area will remain the same or be slightly improved. This adjustment should be approved. Adjustment C.: Relief from 5 foot landscape or walkway at South drive aisle and building wall; reduce to 3 feet. (A) The purpose underlying the specific development standard proposed for adjustment is: (i) Clearly inapplicable to the proposed development; a. As previously mentioned a hardship condition exists with the limited site distance between the south property line and the existing building south wall. This co upled with the existing retaining wall and the functional requirement for a 15 foot wide service drive leaves roughly 3 feet for landscape or a walkway at this location abutting the building wall. (B) If located within a residential zone, the proposed development will not detract from the livability or appearance of the residential area a. Since no existing walkway or landscape occurs along the building wall now, the addition of the proposed 3' walkway/ planter will provide safety and visual improvements. Livability or appearance of the existing residential area wi ll be un-affected by this adjustment. This adjustment should be approved. 20

66 Adjustment D.: Relief from 5 foot landscape or walkway at West drive aisle and building wall: reduce to 1.5 feet. (A) The purpose underlying the specific development standard proposed for adjustment is: (i) Clearly inapplicable to the proposed development; a. Similar to the South side or the building, the existing distance between the West property line and portions of the west building wall is also limited. See Attachments E and F. In an effort to meet other portions of the SRC setback to parking, the applicant proposes a 5 foot landscape strip along the westerly boundary. In addition an 8' parallel parking row is proposed to preserve precious on-site parking that is in close proximity to the building for the benefit of elderly patrons. The parallel parking stalls will also double as an off-hours loading stall. This combination of requirements plus adequate room for Shuttle Bus and parallel parking movements leaves little room for a walkway or planter strip along the northwest building wall. The site plan proposes a 1.5 to 1.8 foot wide concrete curbing strip along this portion of the building wall which will provide some separation between the driveway and building where there is currently none. (B) If located within a residential zone, the proposed development will not detract from the livability or appearance of the residential area a. Since no existing walkway or landscape occurs along the building wa ll now, the addition of the proposed 1.5 to 1.8 foot concrete curbing will provide a safety improvement at this location and pose no real change to the livability or appearance of the existing residential area. This adjustment along with the others requested as part of this proposal will have no cumulative negative impact upon the adjacent sites or the greater Gaiety Hill/ Bush's Pasture Park Historic District or neighborhood. These adjustments should be approved as proposed. CONCLUSION Through the preparation of this narrative and the other documents included with the Site Design Review Application, the applicant has demonstrated compliance with the intent and requirements of the applicable Chapters of the City of Salem Revised Codes or has sought relief through Conditional Use or Adjustment from requirements that cannot be met due to the existing conditions of the subject building and property. Based upon this good faith effort to meet the intent of the SRC this project proposal should be approved. Feel free to contact the following members of the Design Team if you have questions regarding the submittal Architect Applicant Scott Beck, Architect (503) beck-arch@ web-ster. com First Church of Christ, Scientist (503) Contact: Melissa Hayden mjhayden net Civil Engineer Ron Hudkins, Locke Engineering (503) ron@lockeengineers. com 21

67 Attachment A - Existing Site Landscape Diagram 22

68 Attachment B- Existing South Driveway 23

69 Attachment C - Existing South Landscape Buffer 24

70 Attachment D -South Boundary Design Nm~~----~~ -- l!xl.ft1no I PT TALL Jl:lll) ~ WIIU )<IIVI I'OUIIJ!D IN I'UC1l CONe. (.UlJIIN(J HIGH ST. 25

71 ATTACHMENT E To: Pamela Cole, Case Manager RE: Comments on First Church of Christ, Scientist's Land Use Application 93 5 High St. SE March 28,2016 RECEIVED l:i llr COMMUNITY DEVELOPMENT Dear Ms. Cole, The South Central Association ofneighbors (SCAN) Board and its Land Use & Transportation Committee received presentations of the Church's remodel plans from its contractor and architect. The SCAN Board voiced no concerns about the Church' s plans and delegated the review to the Land Use & Transportation Committee. The Committee did a more in depth review and offers the following comments: Conditional Use Requests 1. The Committee supports the conditional use request to reduce the required setback from 15 ft. to 2 ft. between the vehicle use area and the abutting RS zone to the south. This request retains the current setback. We confirmed with the owner occupant of the home at 97 5 High St. SE, immediately to the south of the Church property. She supports this request and she prefers to keep the hedge and retaining wall between the properties as is. The smaller setback has worked well over the years and she sees no need to change it. 2. The Committee supports the conditional use request to eliminate required screening between off-street parking and the abutting RS zone to the south for the reasons noted above. The neighbor to the south believes her hedge provides adequate screening. The Committee believes these conditional use requests maintain the status quo and will be compatible with and have minimal impact on the livability or development of surrounding property. Class 2 Zone Adjustment Requests. The Committee supports the zoning adjustment requests to reduce the required vehicle use area setbacks from 5 ft. to 2 ft. abutting the RS zone to the south; from 5 ft. to 3 ft. abutting the south side of the building, and from 5 ft. to 1.5 ft. abutting the west side of the building. We believe these are reasonable and necessary adjustments. Otherwise, the Church would have to significantly reduce the vehicle use areas to load and unload visitors, which already appear to be minimal. These adjustments maintain the status quo and will not detract from the livability or appearance of the residential area. Class 3 Site Plan Review The Committee has no comments specific to the site plan review-portion of this application. Cordially, Roz Shirack, Chair SCAN Land Use & Transportation Committee

72 RECEIVED ATTACHMENT F EMO TO: FROM: Pamela Cole, Planner II Community Development Department Lyle J. Misbach, PE, Assistant Chief Development Engineer /ffi Public Works Department {!JY DATE: March 23, 2016 SUBJECT: PUBLIC WORKS RECOMMENDATIONS SITE PLAN REVIEW CU-SPR-ADJ ( RP) 935 HIGH STREET SE MODIFICATION OF EXISTING CHURCH PROPOSAL A conditional use, site plan review, and ~on ing adjustment to modify an existing parking area and associated landscaping and screening for a religious assembly building. RECOMMENDED CONDITIONS OF APPROVAL The proposed development meets applicable criteria related to Public Works infrastructure. FACTS Streets 1. High Street SE a. Existing Conditions-This street has an approximate 30-foot improvement within a 50-foot-wide right-of-way abutting the subject property. b. Standard-This street is designated as a collector street in the Salem TSP. The standard for this street classification is a 34-foot-wide improvement within a 60-foot-wide right-of-way. 2. Kearney Street SE a. Existing Conditions-This street has an approximate 30-foot improvement within a 65-foot-wide right-of-way abutting the subject property. b. Standard- This street is designated as a local street in. the Salem TSP. The standard for this street classification is a 30-foot-wide improvement within a 60-foot-wide right-of-way. Code authority references are abbreviated in this document as follows: Sa/em Revised Code (SRC); Public Works Design Standards (PWDS); Sa/em Transportation System Plan (Salem TSP); and Stormwater Management Plan (SMP).

73 -. - -~.. ;:- :... ~.. ~ - -~ - - :.... :-,;-... ~... ~. ~-"' r.. ~: : _-.-;~ :..- -_-_=--~.":' ::_ ::..--; -~......_ :.: :-:~ -~:.. Pamela Cole, Planner II March 23, 2016 MEMO Pag~ 2 -. :-_ ~ ~- -,... : :....:,1_,-:.! ~ -...: :.: ~ :..... ;.;.. ::.. Storm Drainage Existing Conditions Water a. A 15-inch storm line is located in High Street SE. b. An 8-inch storm line is located in Kearney Street SE. Existing Conditions a. The subject property is located within the G-0 water service level. b. A 6-inch water line is located in High Street SE. Mains of this size generally convey flows of 500 to 1,200 gallons per minute. c. A 6-inch water line is located in Kearney Street SE. Mains of this size generally convey flows of 500 to 1,200 gallons per minute. The existing building is connected to this main through a %-inch domestic water service and a 4-inch fire service line. Sanitary Sewer Existing Conditions a. A 1 0-inch sewer line is located in High Street SE. b. A 14-inch sewer line is located in Kearney Street SE. The existing building is connected to this main through a 4-inch sanitary sewer service. CRITERIA AND FINDINGS A nalysis of the development based on relevant criteria in SRC (f)(3) is as follows: Criteria- The transportation system provides for the safe, orderly, and efficient circulation of traffic into and out of the proposed development, and negative impacts to the transportation system are mitigated adequately. Finding- The existing street system is adequate to serve the proposed development and the development generates less than 20 new average daily vehicle trips; therefore no right-of-way dedication or street improvements are required (SRC (d)). The proposed development is subject to a special setback equal to 30 feet from centerline on the development side of High Street SE. Any new structures or parking spaces will be subject to the special setback requirements. TLC/JP:G:\GROUP\PUBWKS\PLAN_ACT\PAANAU6\SITCPLANREVIEW\CU SPR ADJ HIGH 935 ( RP).DOC

74 P;riiela c~i~ : Pia~ner 11 March 23, ~,~.~~ 3. ". - '... :5:; - 1 : MEMO. -- ~. :.-:... :..- :::-- "'- - ~'..:.. :.. :.-.. :. <:.. : _,. ~- :., :_-:~\.., Kearney Street SE meets the right-of-way width and pavement width standards per the Salem TSP; therefore no additional street improvements are required as a condition of the proposed development. The applicant shall demonstrate the existing public sidewalks along all frontage(s) of the property (including ADA ramps) meet current City of Salem Design Standards. Criteria-Parking areas and driveways are designed to facilitate safe and efficient movement of vehicles, bicycles, and pedestrians. Finding-The driveway accesses onto both Kearney Street SE and High Street SE provide for safe turning movements into and out of the property. Criteria-The proposed development will be adequately served with City water, sewer, storm drainage, and other utilities appropriate to the nature of the development. Finding- The Public Works Department has reviewed the applicant's preliminary utility plan for this site. The water, sewer, and storm infrastructure are available within surrounding streets I areas and appear to be adequate to serve the proposed development. The applicant shall design and construct all utilities (sewer, water, and storm drainage) according to the PWDS and to the satisfaction of the Public Works Director. Backflow devices for the domestic and fire connections to the water system shall be installed directly inside the property downstream of the water meter I service connections. The applicant shall be required to design and construct a storm drainage system at the time of development. The application shall provide an evaluation of the connection to the approved point of discharge for new areas of impervious surface per SRC The applicant may be assessed Storm System Development Charges at the time of building plan approval based on increase in impervious surface on the subject property. TLC/JP:G:\GROUP\PUBWKS\PLAN_ACT\PAFINAL16\SITEPLANREVIEW\CU-SPR ADJ HIGH 935 (16-105Zl3-RP).DOC

75 Attachment E - Existing West Driveway 26

76 Attachment F - West Boundary Design ~ \ I I.. KEARNY ST. 27

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