CITY ZONING COMMISSION CITY OF BILLINGS, MONTANA Tuesday, May 7, 2013

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1 CITY ZONING COMMISSION CITY OF BILLINGS, MONTANA Tuesday, May 7, 2013 SUBJECT: THROUGH: PRESENTED BY: Special Review #905 - Apostles Evangelical Lutheran Church 3140 Broadwater Avenue Candi Beaudry, AICP, Planning Director Nicole Cromwell, AICP, Zoning Coordinator, Planner II REQUEST This is a request for a special review to allow the expansion of an existing church at 3140 Broadwater Avenue. The new construction will add 11,288 square feet to the south east of the existing structure. The plans include future expansion for classrooms, a storage building and a future 24-space parking lot. Four years ago the church expanded its off-street parking. The property is located in a Residential 9,600 (R-96) zoning district on Parcel 2 of C/S 1161, a 5-acre parcel of land. The property is owned by the Apostles Evangelical Lutheran Church and Carl Rose and Durward Sobek are the agents. RECOMMENDATION The Planning Division is recommending conditional approval. APPLICATION DATA OWNER: Apostles Evangelical Lutheran Church AGENT: Carl Rose, church President and Durward Sobek, Architect Space Planning for People PURPOSE: To allow the addition of 11,288 square feet to an existing 5,650 square foot church and allow future classrooms, a future storage building and a future 24-space parking lot LEGAL DESCRIPTION: Parcel 2, C/S 1161 ADDRESS: 3140 Broadwater Avenue SIZE OF PARCEL: 5 acres EXISTING LAND USE: Church and parking lots PROPOSED LAND USE: Same with addition of square feet and future classroom expansion EXISTING ZONING: R-96 CONCURRENT APPLICATIONS None APPLICABLE ZONING HISTORY Subject Property None Page 1 of 17

2 Similar Applications Special Review # Shiloh Road Faith Chapel Conditionally approved on July 24, 2000 A special review to allow the expansion of an existing church. Special Review # Grand Avenue King of Glory Lutheran Church Conditionally approved on April 28, 2008 A special review to allow the expansion of an existing church. Special Review # Grand Avenue Billings Christian Academy Conditionally approved on January 9, 2012 A special review to allow the expansion of an existing private school. Special Review # th St West - Lutheran Church of the Good Shepherd Conditionally approved on January 28, 2013 A special review to allow demolition and expansion of an existing church. SURROUNDING LAND USE & ZONING NORTH: Zoning: A-1 Land Use: Peter Yegen Golf Course (County) SOUTH: Zoning: R-70 Land Use: Duplexes EAST: Zoning: R-96 Land Use: Single family dwellings WEST: Zoning: R-96 Land Use: Churches BACKGROUND This is a request for a special review to allow the addition of 11,288 square feet to the existing Apostles Evangelical Lutheran Church at 3140 Broadwater Avenue. The existing 5,650 square foot church was constructed 42 years and ago and the congregation has outgrown its existing space. The proposed addition will mirror the existing architecture, allow two accessible entrances and create space for future meeting rooms, classrooms, a storage building and a 24-space parking lot. The existing church is 5,650 square feet and the site has 82 parking spaces. The proposed addition will be a single story building with similar roof lines and similar building height of 30 feet. The church intends to construct the addition but only partially complete the interior finishes. The church states it will complete the interior spaces as funding becomes available. The immediate neighborhood to the south and east are residential neighborhoods. The neighborhood to the south is mostly two-family dwellings and to the east are single family homes. To the north is property in Yellowstone County, zoned A-1 and is part of the Peter Yegen Golf Course. Property to the west is zoned R-96 and is developed with 2 churches. The church is located on the south east corner of Broadwater Avenue and 32 nd Street West. Both streets are principle arterial streets. The intersection of Broadwater Avenue and 32 nd Street West is a fully signalized intersection and the city recently installed a right turn lane on the west side of the church property. 32 nd Street West carries over 11,000 vehicle trips per day and Broadwater Avenue carries over 9,000 vehicles per day. The existing church and the proposed addition are located near the northwest corner of the property and will be over 330 feet from the neighborhood to the south and 106 feet from the Page 2 of 17

3 neighborhood to the east. A proposed future parking lot will be close to the east property line and staff is recommending conditions to be implemented when the future parking lot is constructed. The Planning Division has reviewed this application and is recommending conditional approval. Before a recommendation of approval or conditional approval can be made, each special review request must demonstrate conformance with three primary criteria: 1) the application complies with all parts of the Unified Zoning Regulations, 2) the application is consistent with the objectives and purposes of the Unified Zoning Regulations and the 2008 Growth Policy, and 3) is compatible with surrounding land uses and is otherwise screened and separated from adjacent land to minimize adverse impacts. This application conforms to the first criteria, in so far, that it is in a district that allows churches by special review. The proposed building meets all required setbacks and lot coverage limitations. The application is conforming to the purposes of the regulations and the 2008 Growth Policy. The application also conforms to the third criteria and conditions of approval are recommended to mitigate any potential impacts to surrounding property. The proposed building will increase the building size from 5,650 square feet to 16,938 square feet. The building does not exceed lot coverage and meets the required front, side, and rear setbacks. The proposal is consistent with goals of the 2008 Growth Policy, specifically the recommendation to encourage predictable land uses in existing neighborhoods. Planning staff is recommending conditions for this special review based on the approval criteria for special review uses. RECOMMENDATION The Planning Department recommends conditional approval. PROPOSED CONDITIONS 1. The special review approval shall be limited to Parcel 2 of C/S 1161 a 5 acre parcel of land generally located at 3140 Broadwater Avenue.. 2. The special review approval is for the construction of an addition to an existing church. The addition to be constructed now is 11,288 square feet with 2 future additions for classroom space, a future storage building and a future 24-space parking lot. No other use is intended or implied by this approval. 3. Any expansion of the proposed building or off-street parking greater than 10 percent of what is shown on the submitted site plan, including the current a future expansion, will require an additional special review approval. 4. All exterior lighting shall have full cut-off shields so no part of the fixture or lens projects below the cut-off shield. The maximum height of any light pole in the future parking lot or any new light pole will be 15 feet or less above grade. 5. The proposed future parking lot on the east property line shall require the installation of a 6-foot sight obscuring fence for the length of the proposed parking lot at the time of its construction. 6. No outdoor announcement system is allowed on a permanent or temporary basis. 7. No construction or demolition activity will occur before 7 am or after 8 pm daily. 8. Any new sign will require sign permit approval from the Planning Division. 9. The site will be developed in substantial conformance with the submitted site plan including landscaping, parking and building location. Page 3 of 17

4 10. These conditions of special review approval shall run with the land described in this authorization and shall apply to all current and subsequent owners, operators, managers, lease holders, heirs and assigns. 11. The proposed development shall comply with all other limitations of Section of the Unified Zoning Regulations concerning special review uses, and all other City of Billings regulations and ordinances that apply. **NOTE** Approval of this Special Review does not constitute approval of a building permit, sign permit or fence permit. Compliance with all applicable local codes will be reviewed at the building permit level. This application is for a Special Review as noted above and no other request is being considered with this application. The Planning Division points out that the use and development of the property must be in accordance with the submitted site plan. ATTACHMENTS Attachment A: Zoning Commission Action. Attachment B: Zoning Map Attachment C: Site photographs Attachment D: Site Plan Attachment E: Applicant Letter Page 4 of 17

5 Attachment A Zoning Commission Action The City Zoning Commission shall make a recommendation to the City Council to: 1. Deny the application for a special review use. 2. Grant the application for a special review use. 3. Conditionally grant the application for a special review use. 4. Delay action on the application for a period not to exceed thirty (30) days. 5. Give reasons for the recommendation. Before approving a special review use, the Zoning Commission shall find that the contemplated use: 1. Complies with all requirements of this Article ( ); 2. Is consistent with the objectives and purposes of Chapter 27 and the Comprehensive Plan; 3. Is compatible with surrounding land uses or is otherwise screened and separated from adjacent land in such a way as to minimize adverse effects. Further the Zoning Commission shall consider and may impose modifications or conditions concerning, but not limited to the following: 1. Street and road capacity; 2. Ingress and egress to adjoining streets; 3. Off-street parking; 4. Fencing, screening and landscaping; 5. Building bulk and location; 6. Usable open space; 7. Signs and lighting; and/or 8. Noise, vibration, air pollution and similar environmental influences. Page 5 of 17

6 Attachment B Zoning Map SR #905 A-1 R-96 Public Subject Property R-70 Page 6 of 17

7 Attachment C Site photos SR #905 Subject Property View east along Broadwater Avenue Page 7 of 17

8 Attachment C, continued Site photos SR #905 View west along Broadwater Avenue View of east property line location of future parking lot Page 8 of 17

9 Attachment C, continued Site photos SR #905 View south along 32 nd Street West Aerial of subject property Page 9 of 17

10 Attachment D Site Plan SR #905 Page 10 of 17

11 Attachment D, continued Site Plan SR #905 Page 11 of 17

12 Attachment D, continued Site Plan SR #905 Page 12 of 17

13 Attachment E Applicant Letter SR #905 Page 13 of 17

14 Page 14 of 17

15 Page 15 of 17

16 Page 16 of 17

17 Page 17 of 17

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