This is a request for a special review to allow the demolition and reconstruction of a major portion of an existing church and installation of a new parking lot at 1108 24th Street West. The demolition will remove 11,974 square feet of building and the new construction will add 23,051 square feet of building to the north of the area to be demolished. In the place of the demolished building, a new 47-space parking lot will be developed. The additional building area will be configured to accommodate office space, pre-school and nursery area, Sunday school classrooms, storage, meeting space, and a choir room. The property is located in a Residential 7,000 (R-70) zoning district on Lots 1-7 & 15, Block 1, Lillis Subdivision 2nd Filing, and Tracts 1 & 2, C/S 3112, totaling 2.63 acres of land. The property is owned by the Lutheran Church of the Good Shepherd, and AT Architecture, Alex Tommerup, AIA is the agent. The Zoning Commission conducted a public hearing on January 2, 2013, and is forwarding a recommendation of conditional approval on a 4-0 vote.

The Planning Division reviewed the application and recommended conditional approval to the Zoning Commission. The Zoning Commission concurred with this recommendation and added 2 more conditions of approval to the staff recommended conditions. 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 be larger than the building to be demolished but the foot print of the new structure will be less than the existing. The building does not exceed lot coverage and meets the required front, side, and rear setbacks. It appears the church will meet the required off-street parking requirements and alley access for the new parking area proposed. The proposal is consistent with goals of the 2008 Growth Policy, specifically the recommendation to encourage non-commercial uses of land along arterial streets between major intersections. Planning staff is recommending conditions for this special review based on the approval criteria for special review uses.

PROPOSED CONDITIONS
1. The special review approval shall be limited to Lots 1-7 & 15, Block 1 Lillis Subdivision 2nd Filing, Tracts 1 & 2, C/S 3112 a 2.63 acre parcel of land generally located at 1108 24th Street West. 
2. The special review approval is for the construction of a new church addition of 23,051 gross square feet and the construction of a new 47-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 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 parking or outdoor play areas shall be 20 feet above grade.
5. The proposed two-way traffic pattern for a portion of the alley north of Lewis Avenue shall be reviewed and approved by the City Traffic Engineer. 
6. No outdoor announcement system is allowed on a permanent or temporary basis.
7. No construction or demolition activity will occur before 8 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.
10. The exits from the new parking lot will be signed “Left Turn Only”.
11. The owner will install a 6-foot sight-obscuring fence around the proposed play area. (Condition added by Zoning Commission)
12. The owner will install appropriately worded signs within the existing and proposed parking lot advising the public that no parking or access is allowed during overnight hours. (Condition added by Zoning Commission)
13. 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. 
14. The proposed development shall comply with all other limitations of Section 27-613 of the Unified Zoning Regulations concerning special review uses, and all other City of Billings regulations and ordinances that apply.

Approval of the special review will have no financial impact on the city's tax base. The church is a tax exempt property. Permit fees will be paid at the time of application. The fees will cover the cost plan review and inspections.

This is a request for a special review to allow the demolition of a portion of an existing church, the construction of a new church building and a 47-space parking lot. The Lutheran Church of the Good Shepherd is located on the northwest corner of the intersection of Lewis Avenue and 24th Street West. The original church building, the building proposed for demolition, was constructed in 1956 before the current zoning. The building has been added on to over the years and a new and expanded parking lot was added to the north in 2002. The original church building has reached its useful life span. The proposed new building will be larger with a full 2 stories and a basement area. The new building will be further north on the site. The existing building location will become a new 47-space parking lot. The new building uses will be the same as the building to be demolished with added area for classrooms and meeting space.

The immediate neighborhood to the north, south and west is zoned R-70 and is primarily a single family development. Across 24th Street West, a principal arterial street, is commercial zoning and several retail and service businesses. The intersection of Lewis Avenue and 24th Street West is fully signalized and is functioning well. There are no reports or anticipated traffic impacts from the proposed demolition and construction.

The proposed building will be a full 2 story building with a basement. There is a proposed ½ story that will bring the peak of the building to 39 feet. The maximum building height in the R-70 zone is 34 feet. Section 27-310(f) allows assembly uses such as churches and schools to exceed the maximum building height if additional setbacks are provided. The proposed ½ story is 24 feet from the alley property line. The alley property line is considered a side setback since the front and rear setbacks are provided along the street frontages of Lewis Avenue and 24th Street West. A covered entry drive through – a porte cochere – is proposed for the north end of the new building. This will provide protected access to the building. The new parking lot will be developed on the south end of the property will be landscaped. The additional parking will increase the off-street parking available from 144 to 159 spaces. The current one-way alley (south bound only), will be converted to a two-way alley so the new parking spaces are accessible from Lewis Avenue. The alley will remain one-way southbound to the north of the new parking lot. The parking lot exits should be signed with left turn only signage to prevent vehicles from traveling north. 

Twenty-Fourth Street West is a principal arterial street with a posted speed limit of 35 mph. Approximately 22,000 vehicle trips occur each day on this portion of 24th Street West. The intersection with Lewis Avenue is a fully signalized intersection. The new parking lot will provide vehicle access to the site from Lewis Avenue. Currently, the only vehicle access to the site is from Arnold Lane on the north end of the site. Traffic currently exits on to 24th Street West, Arnold Lane, or through the southbound one-way alley to Lewis Avenue. The alley from Lewis Avenue will only provide access to the new 47 parking spaces and all vehicles will have to exist south through the alley.

The Zoning Commission held a public hearing on January 2, 2013, and received the staff report and recommendation. Alex Tommerup of AT Architecture testified as the agent and Katharin Kelker and Neil Morck testified for the church. Ron McClenning of 1203 25th Street West and Richard Clark of 1207 25th Street West testified as surrounding property owners. 

Mr. Tommerup stated the proposed demolition of a portion of the church buildings and new construction for classrooms, day care and meeting space will re-orient the entryways in to the existing sanctuary and make the classrooms and day care area more secure. The new building will also meet building safety standards and make the property more secure from unauthorized access during the day. The proposed new building will also minimize the required remodeling of the sanctuary space. Mr. Tommerup stated it will reduce the distance from the north parking lot to the new building entry. The new entryway will have a covered entrance and make it safer for the congregation. Mr. Tommerup stated the view of the sanctuary will be maintained along 24th Street West. He stated the new parking lot where the old building will be demolished will created needed parking space for Sunday worship services. Mr. Tommerup stated a sight-obscuring fence is planned for the new play area to the west of the sanctuary along the alley. The current play area in the front along 24th Street West will be re-purposed to landscaping and a courtyard. Mr. Tommerup stated the new building will provide the only access to church property during the weekdays and all other doors will be locked. He stated on Sundays the other entries will be opened. 

Katharin Kelker testified in favor of the application. She stated she has served on the building committee for the church for many years and the proposed project is the result of many years of study and consideration. She stated the plans submitted are recent final plans but the project has been considered for many years. She stated the congregation considered moving to a new location further west of 24th Street West but voted to stay at the current location and revise the building and site development to meet the current and future needs of the congregation. She state the current pre-school classes are held in a basement area which is not code compliant. She stated the multiple entries to the building are a grave security issue and without the building addition cannot be resolved. She stated the current drop-off and pick-up area for the pre-school is at an entrance on the alley and creates congestion at this location. The new drop-off and pick-up will be from the north parking lot and will be more secure and will alleviate the alley congestion. She stated the pre-school classes have at most 20 children at a time. She stated on Sundays there are about 300 to 400 members who attend services. She stated the total church membership is 500 to 600. 

Neil Morck testified in favor of the application. He stated he is a 10-year member of the church and is in favor of having the church stay at this location. He stated it is imperative the pre-school classrooms are moved so they are more secure and meet life safety standards. He state the congregation is aging and the new covered entryway will be better for these members. He stated the church purchased the house directly adjacent to the parking lot (north end of 25th Street West) when the new parking lot was approved back in 2001. 

Ron McClenning of 1203 25th Street West testified in opposition to the planned addition. He stated his primary concern would be the noise from the re-located pre-school play area on the alley. He stated his back yard is right there and the noise might become a nuisance. He was in favor of eliminating the drop-off and pick-up from the alley. He stated he is also concerned about the construction noise and disruption itself. He stated when the parking lot and the alley was paved 11 years ago, his fence on the alley was undermined. He stated some sections of his fence eventually blew down in the wind storm and he had to replace those sections himself. He asked the Zoning Commission to make the contractor responsible for any damage to his property during construction. Mr. McClenning stated he was concerned with the height of the building. He stated it will be a big building right behind his house. He stated he was concerned with the new parking lot on the south end of the property. He stated there are kids who use the parking lot at night to cut through from Arnold Lane to Lewis. He stated there are speeding cars through the alley at night. He asked the Zoning Commission if it could require speed bumps in the alley to discourage this cut-through traffic.

Richard Clark of 1207 25th Street West testified in opposition to the project. He stated the Zoning Commission should add a condition to require the 6-foot sight-obscuring fence for the play area. He stated this should be a requirement to protect the neighbors on 25th Street West. He stated he was not in favor of the building height. He stated he can see activity on 24th Street West and the new building will block this view. He stated he would like the church to place signs in its parking lot to prevent the teenagers from using the parking lot at night for stunt driving and speeding. Mr. Clark stated he would like to see the building pushed closer to 24th Street West. He stated he was concerned the upper story windows will allow people to look right down into his back yard.

Mr. Tommerup provided rebuttal to the testimony in opposition. He stated the applicant accepts the added condition for the fencing requirement on the play area. The owner intends to fence the area in any case. He showed the elevation plans for the new building. He stated the peak of the rook is 39 feet in height but the appearance of the building will be only a 2-story structure with dormers. Mr. Tommerup stated the 3rd floor windows are above eye-level and are for daylighting the interior. He stated the dormer windows on the 2nd story will provide a view to the west. Mr. Tommerup stated placing speed bumps in the alley would be under the control of the City Traffic Engineer.

In response to a question from the Zoning Commission, Planning staff stated it is not common for the city to place speed bumps in alleys. Speed bumps may interfere with trash collection and other city services. Member Dan Wagner made a motion to recommend conditional approval of the special review and the motion was seconded by Mike Boyett. Commission Chairman Leonard Dailey, Jr. made a motion to add 2 conditions to the recommendation: 1) The applicant will install a 6-foot sight-obscuring fence around the new play area and 2) the owner will install appropriately worded signs within the existing and proposed parking lot advising the public that no parking or access is allowed during overnight hours. Bil Ryan seconded the motion to add the 2 conditions. The Zoning Commission voted 4-0 to add the 2 conditions to the recommended conditions of approval. The Zoning Commission then voted 4-0 to recommend conditional approval to the City Council.

Consistency with Adopted Policies and Plans is discussed in the Alternatives Analyzed section above.