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HomeMy WebLinkAboutChristian Life Center LUBA Opinion.),`).."Ea c, p Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1961) (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of October 20, 2008 DATE: October 8, 2008 FROM: Anthony Raguine Community Development Department x4739 TITLE OF AGENDA ITEM: Board Approval of a Final Decision on Remand for County File SP -05-13, LM -05-22, MA -05-4 (A-05- 5, A-05-6), Christian Life Center proposal to construct an amphitheater. PUBLIC HEARING ON THIS DATE? No. BACKGROUND AND POLICY IMPLICATIONS: On April 24, 2006, the Board of County Commissioners (Board) signed a decision approving the Christian Life Center's site plan to construct an amphitheater. Two timely appeals to the Land Use Board of Appeals (LUBA) were filed, one by Christian Life Center, and the other by Jill Pandian, Verson Pandian, and The Neighbors of Hamby Road. The parties agreed to mediate both appeals. On June 22, 2006, LUBA issued an order approving a Stipulated Motion for Stay for Mediation. The parties settled this matter in mediation and LUBA, under the authority granted by Oregon Revised Statute 197.860, remanded the decision to the county with specific instructions for entry of a final decision on remand decision consistent with the settlement. FISCAL IMPLICATIONS: None RECOMMENDATION & ACTION REQUESTED: Board Approval of a Final Decision on Remand for County File SP -05-13, LM -05-22, MA -05-4 (A-05- 5, A-05-6), Christian Life Center proposal to construct an amphitheater. ATTENDANCE: Anthony Raguine DISTRIBUTION OF DOCUMENTS: Anthony Raguine Laurie Craghead Liz Fancher 644 NW Broadway Street Bend, OR 97701 Paul D. Dewey 1539 NW Vicksburg Avenue Bend, OR 97701 1 BEFORE THE LAND USE BOARD OF APPEALS 2 OF THE STATE OF OREGON 3 4 5 6 7 8 vs. 9 10 DESCHUTES COUNTY, 11 Respondent, 12 13 and 14 15 CHRISTIAN LIFE CENTER, 16 Intervenor -Respondent. 17 18 LUBA No. 2006-087 19 20 CHRISTIAN LIFE CENTER, 21 Petitioner, 22 23 vs. 24 25 DESCHUTES COUNTY, 26 Respondent, 27 28 and 29 30 JILL PANDIAN, VERSON PANDIAN and 31 THE NEIGHBORS OF HAMBY ROAD, 32 Intervenors -Respondents. 33 34 LUBA No. 2006-088 35 36 FINAL OPINION 37 AND ORDER 38 39 Appeal from Deschutes County. 40 41 Paul D. Dewey, Bend, represented petitioners and intervenors -respondents Jill 42 Pandian, Verson Pandian and The Neighbors of Hamby Road. 43 44 Laurie E. Craghead, Bend, represented respondent. 45 JILL PANDIAN, VERSON PANDIAN and THE NEIGHBORS OF HAMBY ROAD, Petitioners, 3( OR . ..924 Page 1 1 Liz Fancher, Bend, represented petitioner and intervenor-respondent Christian Life 2 Center. 3 4 BASSHAM, Board Member; RYAN, Board Chair; HOLSTUN, Board Member, 5 participated in the decision. 6 7 REMANDED 09/30/2008 8 9 You are entitled to judicial review of this Order. Judicial review is governed by the 10 provisions of ORS 197.850. Page 2 1 Bassham, Board Member. 2 MOTIONS TO INTERVENE 3 Christian Life Center (intervenor), the applicant below, moves to intervene on the side 4 of the respondent in LUBA No. 2006-087. There is no opposition to the motion and it is 5 granted. 6 Jill Pandian, Verson Pandian and the Neighbors of Hamby Road (intervenors) move 7 to intervene on the side of the respondent in LUBA No. 2006-088. There is no opposition to 8 the motion and it is granted. 9 STIPULATED MOTION TO ENTER ORDER OF REMAND 10 The parties previously stipulated to suspend these consolidated appeals to pursue 11 mediation. On September 17, 2008, the parties submitted a stipulated motion to enter an 12 order of remand, pursuant to ORS 197.860.1 Attached to the motion is the revised decision 13 that the parties stipulate the county should adopt on remand. The parties also stipulate that 14 there is no prevailing party in either appeal. 15 Pursuant to ORS 197.860 and the parties' stipulation, the decision is remanded to the 16 county. 1 ORS 197.860 provides: "All parties to an appeal may at any time prior to a fmal decision by the Court of Appeals under ORS 197.855 stipulate that the appeal proceeding be stayed for any period of time agreeable to the parties and [LUBA] or court to allow the parties to enter mediation. Following mediation, [LUBA] or the court may, at the request of the parties, dismiss the appeal or remand the decision to the board or the Local government with specific instructions for entry of a fmal decision on remand. If the parties fail to agree to a stipulation for remand or dismissal through mediation within the time the appeal is stayed, the appeal shall proceed with such reasonable extension of appeal deadlines as [LUBA] or the Court of Appeals considers appropriate." Page 3 Certificate of Mailing I hereby certify that I served the foregoing Final Opinion and Order for LUBA No. 2006- 087/088 on September 30, 2008, by mailing to said parties or their attorney a true copy thereof contained in a sealed envelope with postage prepaid addressed to said parties or their attorney as follows: Laurie E. Craghead Assistant Legal Counsel Deschutes County Legal Counsel 1300 NW Wall Street Suite 200 Bend, OR 97701-1960 Liz Fancher Attorney 644 NW Broadway Street Bend, OR 97701 Paul D. Dewey Attorney at Law 1539 NW Vicksburg Ave Bend, OR 97701 Dated this 30th day of September, 2008. e Burgess Par.. egal J Debra A. Frye Executive Support Specialist AUG -12-2008 TUE 11:26 AM COUNTY COUNSEL FAX N0. 541 617 4748 P. 02 DECISION OF rI'I1I1 DVSCITrrES COUNTY BOA1U) OF COUNTY COMMISSIONERS ON REMAND FROM TIIE OREGON LAND USE BOARD OF APPEALS FILE NUMBERS: A.-05-5, A-05-6 (MA -05-4, SP -05-1.3, LM -05-22) LUBA NUMBERS: 2006-87 and 2006-38 APPLICANT/ A 4'PI.I,LA'['/ PROPERTY (AVNI R: APPLICANT'S/ APPELLANT'S ATTORNEY.: Christian Life Center 21720 East IIighway 20 Bend, Oregon 97701 Liz Fanchcr 644 N.W. Broadway Street Bend, Oregon 97 701 OPPONi NTS/ Jill and Verson Pandian APPELLANTS: Neighbors of Hamby Road OPPONENTS', Paul D, Dewey APPELLANTS' 1539 N.W, Vicksburg Avenue A 1 TORNEY: Bend, Oregon 97701 Attorney for Opponents Jill and Verson Pandian and the Neighbors of Ilamby Rood REQUEST: Site plan approval to expand an existing church by constructing a 2,000 -seat outdoor amphitheater on a parcel zoned LI"U=1'I�I3, LM, and AS and located on Highway 20 east of Bend. APPLICABLE STANDARDS AN1) CRITERIA: A. Title 18 of the Deschutes County Code, the Deschutes County Zoning Ordinance 1, Chapter 18.04, Title, Purpose and Definitions *Section 18.04.030, Definitions 2. Chapter 18.16, Exclusive Farm Use (EI+'U) Zone *Section 18.16.025, Uses Permitted Subject to the Special Provisions under .DCC Section 18.16.038 and a Review Under DCC Chapter• 18,124 for Items C through M '''Section 18.1.6.060, Dimensional Standards *Section 18.16.070, Yards 3. Chapter 18.80, Airport Safety Combining (AS) Zone *Section 18.80.028, Ilcight Limitations *Section 18.80.044, Land Use Compatibility Targe 1 of 21 - Christian Li le Center, A-05-5, A-05-6 (MA -05-4, SP -05-13, LM -05-22) AUG -12-2008 TUE 11:27 AM COUNTY COUNSEL FAX N0. 541 617 4748 P. 03 *Section 18.80,0M, Conditional Uses 4, Chapter 18.84, Landscape Management Combining (LM) Zone *Section 18.84,020, Application of Provisions *Section 18.84.030, Uses Permitted Outright *Section 18.84.040, Uses Permitted Conditionally *,Suction 18.84,050, Use Limitations *Section 18.84.080, Design Review Standards "Section 18.84.090, Setbacks 5. Chapter 18.116, Supplementary Provisions *Section 18.116.030, Off street Parking and Loading *Section 18.116.031, Bicycle Parking 6. Chapter 18„124, Site Plan Review 'Section 18.124030, Approval Required *Section 18124.040, Contents and Procedure '"'.Section 18.124.060, Approval Criteria Section 18.124.070, Required Minimum Standards 11, FINl)INCS OF PAUL': A. Location: The Deschutes County Board of County Commissioners ("Board") adopts the hearings Officer's findings in the July 19, 2005 decision. D. Zoning and Ilan Designation: The Board adopts the Hearings Officer's findings in the July 19, 2005 decision. C. Site Description: The Board adopts the IIearings Off'icer's findings in the July 19, 2005 decision. 1). Soils: The Board adopts the Hearings Officer's findings in the July 19, 2005 decision. E. Surrounding Zoning and Land Uses: The Board adopts the Hearings Officer's findings in the July 19, 2005 decision, Procedural history: The Board adopts the Hearings Officer's findings in the July 19, 2005 decision and adds: On August 1, 2005, two appeals on the Hearings Officer's decision were timely filed by the applicant and llie opponents. The Board issued an order accepting the appeals ire novo and the applicant agreed to restart the 150 -day clock as of August 29, 2005 (reference Order No. 2005-084). On October 11, 2005, the applicant submitted a Page 2 of 21 - Christian Life Center, A-05-5, A-05-6 (MA -05-4, SP -05-13, LM -05-22) AUG -12-2008 TUE 11:27 AM COUNTY COUNSEL FAX NO. 541 617 4748 P. 04 modification to their application ghat incorporated the Hearings Officer's reconlriicndations (reference file MA -05-4). The Board hold a hearing on the appeals on October 11, 2005 and kept the written record open establishing a post -hearing schedule. The Board subsequently reopened the record three times at the appellants' request to clarify and revise the post -hearing schedule (reference Order Nos. 2005- 115, 2006-015, and 2006-033). On April 5, 2006, the Board voted to affirm in part and reverse in part the decision of the Ilearings Officer and directed staff to draft the findings. On April 24., 2006, the Board of County Commissioners signed a decision approving tate applicant's site plan with conditions of approval that limited the use of the amphitheater. The decision was mailed April 27, 2006. Timely appeals of that decision were tiled with the Land Use Board of Appeals by the applicant and by opponents Jill and Verson Pandian and the Neighbors of Hamby Road. The applicant intervened in the Pandian appeal, LUI3A No. 2006-087, on May 31, 2008. Jill and Verson Pandian and the Neighbors of Hamby Road intervened in the applicant's appeal, LUBA Case No, 2006-088, on June 2, 2006. 'I'lhe parties agreed to mediate both appeals, On June 22, 2006, LUBA issued an order approving a Stipulated Motion for Stay for Mediation. Since that time, the parties Settled this matter in mediation and LIJBA, under the authority granted by ORS 197.860, remanded the decision to the County with specific instructions for entry of a final decision on remand decision consistent with the settlement. This is the County's final decision on remand. G. Proposal: 'The Board adopts the Hearings Officer's findings regarding the nature of tlic proposal contained in the July 19, 2005 decision, except as the proposal has been modified by the applicant in their modified site plan application that incorporated changes that were responsive to recommendation included in the hearings Officer's decision. H. Public/Private Agency Notice and Comments; The Board adopts the hearings Officer's findings in the July 19, 2005 decision, Public Notice ani Comments: The Board adopts the hearings Officer's.findings in the July 19, 2005 decision and adds the following: The Board ordered the public hearing to be heard de novo. The Notice of Public Hearing and the Board's Order were mailed on September 21, 2.005 to all parties who participaled before the Hearings Officer. Numerous letters were received by the Board in support and in opposition of the proposed amphitheater. In addition, several members of the public testified at the public hearing in support and opposition of the proposed amphitheater, During the post -hearing schedule, additional written testimony was submitted by the applicant, opponents, and neighbors opposing the proj cct. Page 3 01'21 - Christian Life Center, A-05-5, A-05-6 (MA -05-4, SP -05-13, LM -05-22) AUG -12-2008 TUE 11:27 AM COUNTY COUNSEL FAX NO. 541 617 4748 P. 05 Lot of Record; The Board adopts the Hearings Officer's findings in the July 19, 2005 decision. III. SUMMARY.`: The applicant requested site plan approval to construct a 3,000 -square -foot storage/maintenance building, a 2,000 -scat outdoor amphitheater with a 1,500 -square -loot stage, incl new gravel parking spaces. The hearings Officer denied the amphitheater and approved the storage/maintenance building because she found the applicant failed to demonstrate the proposed amphitheater would comply with the site plan approval criteria requiring the creation of a safe environment, considering traffic and other public safety impacts, or with the criteria requiring adequate transition between public and private spaces. The Board received oral and written testimony and evidence and voted to affirm in part and reverse in part the Hearings Officer's decision in this platter. As discussed in the findings below, the Board finds the amphitheater's retaining wall and concert stage to be structures .and an expansion of the church. The Board also finds that the use of the amphitheater by the church for regular church activities such as services, weddings, funerals and so forth is allowod outright as an expansion of the church. The Board also finds that religious concert and performance events (referred, together, as "concert events") are activities customarily associated with a church use when operated in the limited manner proposed by the applicant. In this case, concert events are a part of the Christian Life Center's religious worship program. Concert events are currently offered inside of the church building, The events are adininistered by tile applicant, a religious entity. Secular concert events will not be offered in this venl.te. Tlie concert events will offer musical and other performance art that conveys a religious message consistent with the Church's religious teachings, The number of concert events is limited to Ebur per year, the number of mass gathering, outdoor events that can be offered on the subject property in any given year. At this low level, it is clear that the Concert events are an accessory part of a church use that currently includes indoor concert worship events, The concerts, in this particular case, are not a separate land use. '111e Board, in the course of the appeal, has ]earned that the Outdoor Mass Gathering law does not allow the level of neighborhood protection that can be offered through the County's land 1..14c approval process, In particular, the applicant's amphitheater offers superior sound dampening. as compared to any other location on the subject property where an Outdoor Mass Gathering could he held. i1 is located ill a large, natural depression in the ground that absorbs sound. earthen berms have been constructed and large 6" caliper trees have been planted to assist with dampening sound. Also, as the applicant plans to offer events every year in a fixed location, it is far less costly and more efficient for neighbors, the applicant and the County to resolve all issues in one land use permit review, The Board also finds the site plan review criteria do not conflict with ORS 215.441 (2)(a) and, thus, the County is allowed to regulate characteristics such as traffic, noise, sanitation, security, and food handling as part of the site plan approval criteria. In addition, the Board finds the applicant has the appropriate iturnber of parking spaces for the regular church activities and concert events, and for those Page 4 of 21 - Christian Life Center, A-05-5, A-05-6 (MA -05-4, SP -05-13, LM -05-22) AUG -12-2008 TUE 11;27 AM COUNTY COUNSEL FAX NO, 541 617 4748 P, 06 parking spaces that arc not paved, the Board finds that none of the spaces need to be paved but should be constructed with the surface proposed by the applicant. Finally; the Board affirms the Hearings Officer's decision regarding bicycle parking spaces, with the exception that the applicant will be required to provide a secure storage area for bicycles used by patrons of concert events. IV. CONCLUSIONS Ole LAW: A, Preliminary Issues: FINDINGS; The Board adopts the Clearings Officer's findings in the July 19, 2005 decision except where modified below. 1. Title 18 of the Deschutes County Code, the Deschutes County Zoning Ordinance 1. Chapter 18.16, Exclusive Farm Use (EFU) Zone st. Section 18.16.025, Uses Permitted Subject to the Special Provisions Under DCC Section 18.16.038 and a Review Under DCC Chapter 18.124 for Items C through M kkk 1). Churches and cemeteries in conjunction with churches consistent with ORS 215.441, that are within 3 miles of an acknowledged urban growth boundary, subject to the approval of yYxt exception pursuant 10 ORS 197.732 and OAR chapter 660, division 004, on nonhigh value farmland. E. Expansion of an existing church or cemetery in conjunction with a church ou the same tract as the existing use. FINDINGS: The Board affirms the ifearings Of'ficer's findings from her July 19, 2005 decision regarding this criterion with the exception that her finding that the site plan proposes approximately 750 new parking spaces is incorrect, Rather, the site plan proposes a total of 759 parking spaces. The Board also makes the following additional findings. The Board finds the proposed storage building is an expansion of the church's facilities in the Ef U zone per Deschutes County Code (DCC) 18.16.025(4). The Board also finds the amphitheater's retaining •tall and stage are "structures," as the term is defined by the County code and are expansions of the church in the EFU zone. Further, the Board finds the use of the amphitheater, for normal church events such as church services, weddings, funerals and so forth, where the Etttendance will not exceed the current reported attendance of 832, is an expansion of the church and, talus, allowed under the County Code, The, Board's decision is Ihnitecl to tlt4 specific facts presented by this application. hi this case, the applicant has shown that all concerts will be religious concerts of the type currently offered indoors as a putt of the existing church use. Concerts will be managed by the church. The number of events allowed on the property will not exceed the number of mass gathering, outdoor events Page 5 of2l - Christian Life Center, A-05-5, A -0S-6 (MA -05-4, SP -05-13, LM -05.22) AUG -12-2008 TUE 11:27 AM COUNTY COUNSEL FAX NO. 541 617 4748 P. 07 that can be offered on the subject property in any given year (four). At this frequency, the use is an incidental and secondary part of the church use allowed on this property. b. Section 18.16.060, Dimensional Standards h :k * h,. Building Height. No building or structure shall be erected or enlarged to exceed 30 feet in height, except as allowed under DCC 18.120.040. FINDINGS: The Board adopts the IIearings Officer's findings in the July 19, 2005 decision that finds the proposed stage and the 12 -foot -high retaining wall behind the stage are structures that will inect the height limit in the EFU Zone, c. Section 18.16.070, Yards A. The front yard shall he 40 feet from a property line fronting on a local street, 60 feet from a property line fronting on a collector and 100 feet from a property line fronting on an arterial, 13. Each side yard shall be a minimum of 25 feet, except that for nonfarm dwelling proposed on parcels or lots with side yards adjacent to a property currently employed in farm use, the side yard shall be a minim UM of 100 feet. C. Rear yards shall he a minimum of 25 feet, except that for nonfarm dwellings proposed on parcels or lots with rear yards adjacent to a property currently employed in farm use, the year yard shall be a minimum of 100 feet. 11. 1n addition to the setbacks set forth herein, any greater setbacks required by applicable building or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met. FINDINGS: The Board adopts the 1-iearings Officer's findings in the July 19; 2005 decision regarding yard setbacks. 2, Chapter 18.124, Site Plan Review a. Section 18,124.030, Approval Required A. No building;, grading, parking, land use, sign or other required permit shall be issued for a use subject to DCC Page 6 oi-21 - Christian Life Center, A-05-5, A-05.6 (MA -05-4, SP -05-13= T_M-05-22) AUG -12-2008 TUE 11:27 AM COUNTY COUNSEL FAX NO. 541 617 4748 P. 08 18.124.030, nor shall such a use be commenced, enlarged, altered or changed until a final site plan is approved according to DCC Title 22, the Uniform Development Procedures Ordinance. 8. The provisions of DCC 18.124.030 shall apply to the following: 5. AH other uses that serve the general public or that otherwise require parking facilities, including but not limited to, landfills, schools, utility facilities, churches, community buildings, cemeteries, mausoleums, crematories, airports, panes and recreation facilities and livestock sales yards; _h * *. FINDINGS; 'fhe Board ;affirms the Hearings Officer's findings in the July 19, 2005 decision regarding compliance with this criterion. b. Section 18,124.060, Approval Criteria Approval of a site plan shall be based on the following criteria: a. The proposed development shall relate harmoniously to the natural environment and existing development, minimizing visual impacts and preserving natural features including views and topographical features. FINDINGS: The Board agrees in part with the T-iearings Officer's findings in the July 19, 2005 decision, except a; noted below, `t1)c Board agree,; with the ilearings Officer's findings and interprets Section 18.124.060(a) reg titling the "relate harmoniously" standard to include the surrounding properties as well as the subject property when assessing impacts from the physical characteristics of the applicant's proposal on the, "natural environment and existing development." 'file Board finds it can assess the impacts on the surrounding area and interprets the site plan code in I)CC 18.124.060(a) to require such an analysis in order to assure the site plan "relates harmoniously to.,.existing development," The 13oard docs not believe regulating uses to meet this criterion violates the restriction in ORS 215.441(2)(a), which limits a county to site or design review "concerning the physical characteristics of the uses authorized." Contrary to the Hearings Officer's findings regarding Paragraph (a) of 18,124,060, the Board finds noise impacts are physical characteristics that can be considered under site plan review. The Board finds that the site plan, as designed, proposes a development that relates harmoniously to existing, development. It uses a natural amphitheater that is recessed into the ground. The location of the amphitheater in a large depression in the ground and the use of berms and introduced landscaping around the Pare 7 of 21 - Christian. Life Center, A-05-5, A-05-6 (MA -05-4, SP -05-13, LM -05-22) AUG -12-2008 TUE 11:35 AM COUNTY COUNSEL FAX NO, 541 617 4748 P, 09/22 amphitheater controls sound, A condition of approval has been imposed to require the installation of shrubs and trees, as shown on the revised site plan, for this reason. Limits on the member and duration of concert events will assure that the existing uses in the arca and the amphitheater can relate harmoniously. b. The landscape and existing topography shall be preserved to the greatest extent possible, considering development constraints and suitability of the landscape and topography, Preserved trees and shrubs shall be protected. FINDINGS: The Board adopts the Hearings Officer's findings in the July 19, 2005 decision relative to the storage/maintenance building, Regarding the amphitheater, the Board makes the lowing additional findings. The landscape tmd existing topography of the proposed ti'nphitheciter will be preserved to the greatest extent possible, considering development constraints and suitability of the landscape and topography for the following reasons: (a) the proposed amphitheater will be located in a natural depression; aind (b) the impacts to the topography and landscape will primarily occur in the natural depression and be limited to grading arid contouring the existing surface of the depression, creating seating terraces, and planting the amphitheater surfaces with grass. To ensure this criterion is met, the Board adds a condition of approval for the amphitheater to preserve all vegetation not required to he removed for construction of the site and shall protect preserved vegetation during construction, c. The site plan shall be designed to provide a safe environment, while offering appropriate opportunities for privacy and transition from public to private spaces, FINDINGS: The Board agrees with the Ilearings Officer's decision that impacts on the surrounding arca can be considered in reviewing this criterion. The board also adopts the Hearings Officer's findings relative to the storage maintenance building. Regarding the outdoor amphitheater, the Board finds the applicant provided evidence to demonstrate the site plain for the amphitheater will provide a safe environment while offering appropriate opportunities for privacy and transition from public to private spaces regarding pedestrian safety, traffic safety, and public health and safety. The applicant submitted a modified site plan that incorporates the Hearings Officer's recommendations in her decision (reference MA -05-4) that shows the parking and pedestrian aecessways provide a safe cnviromnent, In addition, the applicant addressed the Hearings Officer's public health and safety issues, on which she based her denial on page 20 of her decision, and provided evidence that demonstrates the, church activities to be conducted in the outdoor amphitheater attended by the parishioners will be designed to proved a safe environment, while offering appropriate opportunities for privacy and transition from public to private spaces. The Board agrees with the Hearings Officer's findings Haat the applicant demonstrated that traffic associated with large concert events can be handled safely. This finding was based- on the appticaut's commitment to implement a traffic event plan described in the 1-Icarings Prize 8 of 21 - Chrktian Life Center, A-05-5, A-05-6 (MA -05-4, SP -05-13, LM -05-22) AUG -12-2008 TUE 11:35 AM COUNTY COUNSEL FAX NO. 541 617 4748 P. 10/22 Officer's July 19, 2005 decision. Compliance with that plane for each large concert event is a condition of approval of tleis decision. d. When appropriate, the site plan shall provide for the special needs of handicapped persons, such as wimps for wheelchairs and 13raillc signs. FINl)INCS; Thu Board adopts the Ilcarings Officer's findings in the July 19, 2005 decision, e. The location and number of points of access to the site, interior circulation patterns, separations between pedestrians and moving and parked vehicles, and the arrangement of parking areas in relation to buildings and structures shall be harmonious with proposed and neighboring buildings and structures, FINDINGS: The Board finds the applicant provided evidence that shows the location and number of points of access to the site, interior circulation patterns, separations between pedestrians and moving and parked vehicles, and the arrangement of parking areas in relation to buildings and structures will be harmonious with proposed and neighboring buildings and structures. The applicant submitted a revised site plan incorporating the Hearings Officer's recommendations regarding interior circulation patters, separations between pedestrians and moving and parked vehicles, and the arrangement of parking areas in relation to buildings and structures (reference the site plan submitted with MA -05-4). f. Surface drainage systems shall be designed to prevent adverse impacts on neighboring properties, streets, or surface and subsurface water quality. FINDINGS: TIhe Board adopts the Bearings Officer's findings in the July 19, 2005 decision, g. Areas, structures and facilities for storage, machinery and equipment, service (mail, refuse, utility wires, and the like), loading and parking and similar accessory areas anti structures shall be designed, located and buffered or screened to minimize adverse impacts on the site and neighboring properties. FINDINGS: The Board adopts t.lic Hearings Officer's findings in the July 19, 2005 decision. h, All above -ground utility installations shall be located to minimize adverse visual impacts on the site and neighboring properties. Page 9 of 21 - Christian Life Center, A-05-5, A-05-6 (MA -054, SP -05-13, LM -05-22) AUG -12-2008 TUE 11:35 AM COUNTY COUNSEL FAX NO. 541 617 4748 P. 11/22 FINDINGS: The Board idopls the Hearings Officer's findings in the July 19, 2005 decision including a condition of approval requiring that any new electrical installations required for the amphitheater he placed underground. i. Specific criteria are outlined for each zone and shall be a required part of the site plan (e.g. lot setbacks, etc.). FINDINGS: The Board adopts the Hearings Officer's findings in the July 19, 2005 decision. J• All exterior lighting shall he shielded so that direct light does not project off-site. FlNl)INOS: The Board adopts the Hearings Officer's findings in the July 19, 2005 decision and iircicides a condition of approval for the storage/maintenance building and outdoor amphitheater to install any exterior lighting, including all path, amphitheater stage, and parking lot lighting to meet the requirements of the county's Outdoor Lighting Control Ordinance in Chapter 15.10, All existing lighting roust also comply with the Outdoor 11i ghting Control Ordinance. 3. Chapter 16,116, Supplementary Provisions a. Section 18.116.030, Off Street Parking and Loading A. Compliance_ No building or other permit shall be issued until plans and evidence are presented to show how the off- street parking and loading requirements are to be met and that property is and will be available for exclusive use as off-street parking and loading. The subsequent use of the property for which the permit is issued shall be conditional upon the unqualified continuance and availability of the amount of parking and loading spate required by this title, 13, Off -Street Loading. Fivcry use for which a building is erected or structurally altered to the extent of increasing the floor- arca to equal a minimum floor arca required to provide Ioading space and which will require the receipt or distribution of materials or merchandise by truck or similar vehicle, shall provide off-street loading space on the basis of minimum requirements as follows: ark* 2. Restaurants, office buildings, hotels, motels, hospitals and institutions, schools and colleges, public buildings, recreation or entertainment facilities and any similar use which has a gross floor area of 30,000 square feet Page 10 of 21 - Christian Life Center, A-05-5, A-05-6 (MA -05-4, SP -05-13, LM -05-22) AUG -12-2008 TUE 11:35 AM COUNTY COUNSEL FAX NO. 541 617 4748 P. 12/22 or more shall provide off-street truck loading or unloading berths subject to the following table: Sq. Ft of Floor Area Required No. of Berths Less than 30,000 0 30,000 —100,000 1 100,000 and over 2 FINDINGS: '1'hc Board adopts the Hearings Officer's firxlings in the July 19, 2005 decision, C;, Off-street parking. Off street parking spaces shall be provided and maintained as set forth is this section for all uses in all zoning districts. Such off-street parking spaces shall be provided at the time a new building is hereafter erected Or enlarged or the use of a building on the effective date of this title is changed. 1). Number of spaces required Off-street parking shall he provided as follows: 4. Places of Public Assembly, Use Requirements Church 1 space per 4 scats or 8 feet of bench length in the main auditorium or 1 space for each SO sq. ft. of floor area used for assembly FINDINGS: The Board adopts the Hearings Officer's findings in the July 19, 2005 decision relative to the finding that the storagctmaaintenance building docs not require any off-street parking. The Board .finds that the remainder of the Hearings Officer's finding regarding parking are inaccurate. The Hearings Officer mistakenly concluded that the applicant proposed 759 new parking spaces. Instead, the applicant proposed a total of 759 parking spaces, Thcte are 254 existing parking spaces. Approval of the plan will authorize the construction of 505 additional spaces for overflow parking during concert events. The: existing parking spaces satisfy the parking requirements for the existing church building which the Board calculates as being a minirrium of a space for every four seats. As the church has a capacity of 832 persons, 208 parking spaces are required. The 254 existing parking spaces can serve a group of up to 1016 persons. Page 11 01'21 - Christian Life Center, A-05-5, A -05-G (MA -05-4, S1'-05-13, LM -05-22) AUG -12-2008 TUE 11:35 AM COUNTY COUNSEL FAX NO. 541 617 4748 P. 13/22 The ,amphitheater will be used for large events a maximum of four tines per year. It is not the mein auditorium. As a result, no parking spaces are required for the facility. The standard parking, requirements fora church use typically apply to daily Or weekly uses, not to peak Ust,s of property ind, therefore, are based on the size of the main auditorium, This said, it is important that the applicant make suitable arrangements for peak use events in the amphitheater which may draw groups of up to 2000 persons. The applicant's approved site plan has proposed a gravel area for parking during concert and performance events. The gravel area will provide room for 505 additional vehicles to park when attending the large amphitheater concert events for a total of 759 parking spaces during events. The County does not impose n'iaximunt parking requirements so all of the proposed parking spaces are approved. F. Development and Maintenance Standards for Off -Street Parking Areas, Every parcel of land hereafter used as a public or private parking area, including commercial parking lots, shall be developed as follows: 1. Except for parking to serve residential uses, an off- street ffstreet parking area for more than five vehicles shall be effectively screened by a sight -obscuring fence when adjacent to residential uses, unless eff'ectiively screened or buffered by landscaping or structures. FINDINGS: "1'he Board adopts the Ilearinc7s Officer's findings in the July 19, 2005 decision. 2. Any lighting used to illuminate off-street parking areas shall be so arranged that it will not project light rays directly upon any adjoining property in a residential zone. FINDINGS: As discussed in the findings above, the applicant will be required as a condition of approval to install any exterior lighting, including all paths, amphitheater stage, and parking lot lighting to meet the requirements of the county's Outdoor Lighting Ordinance in Chapter 15.10, All existing lighting must also comply with the Outdoor Lighting Control Ordinance. 3. Groups of more than two parking spaces shall be located and designed to prevent the need to back vehicles into a street or right of way other than an alley. FINDINGS; The Board adopts the Hearings Officer's findings in the July 19, 2005 decision, 4. Areas used for standing and maneuvering of vehicles shall be paved surfaces adequately maintained for all Page 12 of 21 - Christian Life Center, A-05-5, A-05-6 (MA -05-4, SP -05-13, LM -05-22) AUG -12-2008 TUE 11:35 AM COUNTY COUNSEL FAX NO, 541 617 4748 P. 14/22 weather use and so drained as to contain any flow of water on the site. An exception may be made to the paving requirements by the Planning Director or Iieaarings Body upon finding that: A high venter table in the arca necessitates a permeable surface to reduce surface water runoff problems; or b. The subject use is located outside of an unincorporated community and the proposed surfacing will be maintained in a manner which will not create dust problems for neighboring properties; or c. The subject use will be in a Rural Industrial Zone or au Industrial District in an unincorporated community and dust control rneasrires will occur on a continuous basis which will mitigate any adverse impacts on surrounding properties. FINDINGS: The Board agrees with the Hearings Officer's decision relative to the record indicating the, subject property is not located in a Rural Industrial Zone or an Industrial District in aii unincorporated community. In addition, the Board agrees there is no evidence in the record that the water table in the area necessitates a permeable surface and agrees talc subject property is loctitod olilSide Of an unincorporated community. The Board rinds that gravel surfacing will be allowed for concert event parking. The Board finds that a gravel surface is appropriate for infrequent use and must be maintained by the applicant to control dust, The modified site plan shows all of the existing parking spaces are currently paved and comply with the requira1nents of this code section, 5. Access aisles shall be of sufficient width fur all vehicular turning and maneuvering. FINDINGS: The Board adopts the Hearings Officer's findings in the July 19, 2005 decision. 8. Parking spaces along the outer boundaries of a parking area shall be contained by a curb Or bumper rail placed to prevent a motor vehicle from extending over an adjacent property line or a street right of way. FINlltNC.S; The Board adopts the Hearings Office -es findings in the July 19, 2005 decision. Page 13 of21 - Christian Life Center, A-05-5, A-05-6 (MA -05-4, SP -05-13, LdM-05-22) AUG -12-2008 TUE 11;36 AM COUNTY COUNSEL FAX NO. 541 617 4748 P. 15/22 CY. Off-street Parking Lot Design. AB off-street parking lots shall he designed subject to county standards for stalls and aisles as set forth in Table 1 at the end of chapter 18.116. FINDINGS: The Board finds the modified site plan submitted with MA -05-4 shows the tYpicral parking space design for parking areas will have 90 -degree stalls that are 9 -feet wide and 20 feet deep, meeting the design criteria listed in Table 1 orChapter 18.116. b. Section 18,116.031, Bicycle Parking New development and any construction, renovation or alteration of an existing use requiring a site plan review under this title for which planning aipproval is applied for after the effective date of Ordinance 93-005 shall comply with the provisions of this section. A, Number and Type of Bicycle Parking Spaces Required 1. General Minimum Standard. All uses that require off-street motor vehicle parking shall, except as specifically noted, provide one bicycle parking space for every five required motor vehicle parking spaces. Except as specifically set forth herein, all such parkin; facilities shall include at least two sheltered parking spaces or, where more than 10 bicycle spaces are required, at least 5U percent of the bicycle parking spaces shall he sheltered. 1i. Bicycle Parking Design 1. General Description a. Sheltered Parking. Sheltered parking may be provided within a bicycle storage room, bicycle locker, or racks inside a building; in bicycle lockers or racks in an accessory parking structure; underneath an awning, cave, or other overhang; or by other facility ais determined by the hearings Body or Planning Director that protects the bicycle from direct exposure to the elements. b. Unsheltered parking may be provided by bicycle racks. 2. Location l'tigc 14 of 21 - Christian Life. Center, A-05-5, A-05-6 (MA -05-4, SP -05-13, LM -05-22) AUG -12-2008 TUE 11:36 AM COUNTY COUNSEL FAX NO, 541 617 4748 P. 16/22 a. Required bicycle parking that is located outdoors shall be located on-site within 50 feet of main entrances and not farther from the entrance than the closest motor vehicle parking space. Bicycle parking shall be located in areas of greatest use and convenience to bicyclist. Such bicycle parking shall hive direct access to both the public right of way and to the main entrance of the principal use. b. Bicycle parking facilities shall be separated from motor vehicle parking and drive areas by a barrier or sufficient distance to prevent damage to the parked bicycle. c. Where bicycle parking facilities are not directly visible and obvious from the public right(s) of way, entry and directional signs shall be provided to direct bicyclists for the public right of way to the bicycle parking facility. Directions to sheltered facilities inside a structure may be signed, or supplied by the employer, as appropriate. FLNDINCS: The Board disagrees with the Ilearings Officer's findings that imposing LI bicycle parking requirement would be unconstitutional under Dolan v. City of Tigard, 512 US 374, 114 S Ct 2309, 129 LEcl2d 304 (1994) and its progeny. The Board finds the bicycle parking standard is ati on-site plan requirement, It is not an exaction for public use. Compliance rvitli this part of the code, therefore, is required. No new bicycle parking spaces, however, are required because no new, .permanent parking spaces are needed for the amphitheater's concert and amplified sound events to meet the parking requirements of tate County's code. 4. Chapter 15.80, Airport Safety (AS) Combining Zone a. Section 18.80.020, Application of Provisions The provisions of DCC 18.80.020 shall only apply to unincorporated areas located under airport imaginary surfaces and zones, including approach surfaces, transitional surfaces, horizontal surfaces, conical surfaces and runway protection zones. Page 15 ol'21 - Christian Lire Center, A.-05-5, A-05-6 (MA -05-4, SP -05-13, LM -05-22) AUG -12-2008 TUE 11:36 AM COUNTY COUNSEL FAX NO. 541 617 4748 P. 17/22 FINDINGS: The Board Giclopts the Hearings Officer's findings in the July 19, 2005 decision. Chapter 18.84, Landscape Manageinent Combining Zone (1.M) Section 18.84.020, Application of Provisions The provisions of DCC 18.84 shall apply to all areas within one-fourth Hole of roads identified as landscape management corridors in the Comprehensive Plan and the County Zoning Map. FINDINGS: '1'hc subject property is zoned LM because of the proximity of Highway 20 which is a landscpe management corridor, b. Section 18.84.050, Use Limitations A. Any new structure or substantial alteration of a structure requiring a building permit, or an agricultural structure, within an L11'I Zone shall obtain site plan approval in accordance with 1)CC 18.84 prior to construction. As used in DCC 18.84 substantial alteration consists of an alteration which exceeds 25 percent in the size or 25 percent of the assessed value of the structure, 11. Structures which are not visible from the designated roadway, river or stream and which are assured of 'remaining not visible because of vegetation, topography or existing development are exempt from the provisions of DCC 18.84.080 (Design Review Standards) and DCC 18.84.090 (Setbacks). An applicant for site plan review in the LM Zone shall conform with the provisions of OCC 18.84, or may submit evidence that the proposed structure will not be visible from the designated road, river or stream, Structures not visible from the designated road, river or stream must meet setback standards of the underlying zone, FINDINGS: The Board adopts the ITearings Officer's findings in the July 19, 2005 decision and agrees with the I lcaaririgs Officer that the storage building, the stage, and the retaining wall constitute structures requiring building permits requiring Landscape Management site plan approval. c. Section 18.84.080, Design Review Standards Page 16 of 21 - Christian T..ii`i Center, A-05-5, A-05-6 (MA -05.4, SP -05-13, LM -05-22) AUG -12-2008 TUE 11:36 AM COUNTY COUNSEL FIIN1)1NGS: The Board and adds a condition of existing trees and shrubs �rncl v1..m phi llser ter stage, FAX NO. 541 617 4748 P. 18/22 A. Except as necessary, for construction of access roads, building pads, septic drainfields, public utility easements, parking areas, etc., the existing tree and shrub cover screening the development from the designated road, river or stream shall be retained. This provision does not prohibit maintenance at' existing lawns, removal of dead, diseased or hazardous vegetation; the commercial harvest of forest products in accordance with the Oregon Forest Practices Act or agricultural use of the land, adopts the Hearings Officer's findings in the July 19, 2005 decision approval requiring the; applicant to retain the rock outcrop and all located between Highway 20 and tine proposed storage building site 11. It is recommended that new structures and additions to existing structures be finished in muted eartl1 tones that blend with and reduce contrast with the surrounding vegetation and landscape of the building site. C. No large areas, including roofs, shall be finished with white, bright or reflective materials. Metal roofing material is permitted if it is non -reflective and of a color which blends with the surrounding vegetation and landscape, This subsection shall not apply to attached additions to structures lawfully in existence on April 8, 1992, unless substantial improvement to the roof of the existing structure occurs. FIND' N CSS: The Board adopts the Hearings Officer's findings in the July 19, 2005 decision ;.rad :adds conditions of approval requiring that the applicant use a non -reflective metal inaterial (br the siding and roofs, and paint these buildings in a color approved by the county that will blend with the surroundings as well as prior to submitting an application Ibr buildliit* perimits for the storage building and stage to summit to the Planning Division for approval paint ;.and/or material color samples. 0. Subject to applicable rirnrock setback requirements or rimrock setback exception standards in Section 18,84.090, all structures shall he sited to take advantage of existing vegetation, trees and topographic features in order to reduce visual Page 17 of 21 - Christian I.,if'e Center, A-05-5, A-05-6 (MA -05-4, SP -05-13, LM -05-22) AUG -12-2008 TUE 11:36 AM COUNTY COUNSEL FAX N0, 541 617 4748 P, 19/22 impact as seen from the designated road, river or stream. FINDINGS: INGS: The Board adopts the IIearings Officer's findings in the July 19, 2005 decision. E. Structures shall not exceed 30 feet in height treasured from the natural grade on the side(s) facing the road, river or stream, Within the I,IVI zone along a state scenic waterway or federal wild and scenic river, the height of a structure shall include chimneys, antennas, flag poles or other projections from the roof of the structure. This section shall not apply to agricultural structures located at lest 50 feet from a rimroek. FINDINGS: The board adopts the Hearings Officer's findings in the July 19, 2005 decision. F. New residential or commercial driveway access to designated landscape management roads shall be ronsolitlated where**ver possible. FINDINGS; The Board adopts the Ilcarings Officer's findings in the July 19, 2005 decision, C. New residential exterior lighting, including security lighting, shall be sited and shielded so that it is directed downward and is not directly visible from the designated road, river or stream. FINDINGS: The Board adopts the Hearings Officer's findings ill the July 19, 2005 decision. 11. The Planning Director or Hearings Body may require the establishment of introduced landscape material to screen the development, assure compatibility with existing vegetation, reduce glare, direct automobile and pedestrian circulation or enhance the overall appearance of the development while not interfering with the views of oncoming traffic at access points of views of mountains, forests and other open and scenic areas as seen from the designated landscape management road, river or stream. Use of native specks shall be encouraged. FINDINGS: '1'lhe Iloard adopts the Ilearings Officer's findings in the July 19, 2005 decision. Page 18 of 21 - Christian Life Center, A-05-5, A-05-6 (MA -05-4, SP -05.13, LM -05-22) AUG -12-2008 TUE 11:37 AM COUNTY COUNSEL FAX 140, 541 617 4748 P, 20/22 1. No signs or other forms of outdoor advertising that are visible from a designated landscape management river or stream shall be permitted. Property protection signs (no trespassing, no hunting, etc.) re permitted. FINDINGS: Tho Board adopts the Hearings Officer's findings in the July 19, 2005 decision, .1. A conservation easement as defined in section 18.04.280 "Conservation Easement" and specified in section 18.1.16.220 shall be required as a condition of approval for all landscape management site plans involving property adjacent to the Deschutes River, Crooked River, Fall River, Little Deschutes River, Spring River, Squaw Creek and Tuinalo Creek. Conservation easements required as condition of landscape management site plans shall not require public access. FINDINGS: The Board adopts the Hearings Officer's findings in the July 19, 2005 decision. cI. Section 18.84.090, Setbacks * 13. Road Setbacks. All new structures or additions to existing structures on lots fronting a designated landscape management road shall he set back at least 100 feet from the edge of the designated road... 'FINDINGS: The Board adopts the Hearings Officer's findings in the July 19, 2005 decision. c. Section 18.84.095, Scenic Waterways Approval of all structures in a State Scenic Waterway shall he conditioned upon receipt of approval of the State Parks Department. 1+'1N1)1NCS: The Board adopts the Bearings Officer's findings in the July 19, 2005 decision, V. 11,',CISION: Based on the foregoing Findings of Fact and Conclusions of Law, the Board approves the applicant's site plan subject to the following conditions. Page 19 of 21 - Christian Life Center, A-05-5, A-05-6 (MA -05-4, SP -05-13, J.M-05-22) AUG -12-2008 TUE 11:37 AM COUNTY COUNSEL FAX NO. 541 617 4748 P. 21/22 w The Board approves the retaining wall and stage and use of the amphitheater for normal church events, worship services, baptisms; weddings, funerals, and religion classes. + The Board approves the applicant's proposed site plan to expand its existing church by constructing a 3,000 -square -foot storage/maintenance building and outdoor amphitheater subject to the following conditions of approval. 1. Approval is based on the modified site plan submitted with MA -05-4, Burden of Proof, and supporting evidence and testimony. Any substantial change to the approved site plan, other than that required by this decision, shall require, a new site plan application and approval. 2. The applicant/owner shall obtain all required construction permits from the Deschutes County Building Safety Division prior to commencing construction of the storage/maintenance building and amphitheater stage and retaining wall. 3. Prior to commencing construction of the storage/maintenance building and outdoor amphitheater, the applicant/owner shall comply with all requirements of the Bend Fire Department applicable to the storage/maintenance building and outdoor amphitheater, and shall submit to the Planning Division written documentation fi,om the Fire Department demonstrating compliance with their requirements. 4. The applicant/owner shall install any exterior lighting on the storage/maintenance building and outdoor amphitheater in compliance with the county's Outdoor Lighting Ordinance, Chapter 15.10 of the Deschutes County Code. 5. Prior to the issuance of a building pornlit for the storage/maintenance building and amphitheater stage, the applicant/owncr shall submit to the Planning Division paint color simples for the building and stage. (. The applicant/owner 511011 preserve all trees six inches or greater in diameter, shall preserve all vegetation not required to be removed for construction, and shall protect all preserved vegetation during construction. 7, The applicant/owner- shall install any new electrical installations required for the amphitheater underground, • Tho Board approves ilio applicant's proposed use of the 2,000 -scat outdoor amphitheater for outdoor concert events subject to the following additional conditions or approval that apply to this use of the amphitheater. Pad=e 20 of 21 - Christian Life Centr, A-05-5, A-05-6 (MA -05-,4, SP -05-13, LM -05-22) AUG -12-2008 TUE 11:37 AM COUNTY COUNSEL FAX NO. 541 617 4748 P. 22/22 1, There will he no more than four concert events per calendar year. A "concert event," for purposes of these conditions of approval, is an outdoor withering of more than 832 persons that uses amplified sound of the type and volume typically used for outdoor concerts. All outdoor events, including mass gatherings, using concert volume amplified sound shall be conducted in the amphitheater and will be subject to the four concert events per year limit. 3. '1'hc concert events will occur only during the months of June through October, 4, Concert. events will not exceed three hours in duration. For purposes of applying this limit, the duration of the concert event is tlic time when concert level sound is used. Concert events will start no earlier than 7pm'i on weekdays, other than holidays, and must be finished no later Thain 10:00, pm. Concert events, on weekends and holidays, will stars rto earlier than Noon and end no later than 10 pm. The time to set up before and to tear dowel after the concert is not included in this limit. 5. The number and duration of outdoor concert events cannot be expanded. 6, The amphitheater will be used for Christian Life Center administered events and services only. 7. The <unphithcater cannot be expanded. 8. A shrub bank and staggered rows of trees will be planted around the amphitheater to buffer sound, 9. All lighting on the property authorized by the church site plan permit, including lighting at concert events, will be downcast. 10, The applicant shall develop and implement, on concert event days, an O1)O'1-approved traMe handling plan for all concert. events. 11, The gravel event parking area shall be maintained to control dust. Pace 21 of 21 - Christian Life. Center, A-05-5, A.-05-6 (MA -05-4, SP -05-I3, LM -05-22)