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. The Zoning Commission conducted a public hearing May 7, 2013, and is forwarding a recommendation of conditional approval on a 5-0 vote.

The Planning Division reviewed the application and recommended conditional approval to the Zoning Commission. The Zoning Commission concurred with this recommendation and amended 1 of the proposed 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 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 recommended conditions for this special review based on the approval criteria for special review uses. The Zoning Commission concurred and amended condition #7 to reflect compliance with Chapter 17 of the city code on noise.

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 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. Construction or demolition activity will conform to the requirements in Chapter 17 (Noise) of the city code. 
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. 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 27-613 of the Unified Zoning Regulations concerning special review uses, and all other City of Billings regulations and ordinances that apply.

There should be no financial impact to the city from the proposed church expansion.

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 32nd Street West. Both streets are principle arterial streets. The intersection of Broadwater Avenue and 32nd Street West is a fully signalized intersection and the city recently installed a right turn lane on the west side of the church property. 32nd 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 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 Zoning Commission conducted a public hearing on May 7, 2013, and received the staff recommendation and testimony from the applicant and agent. No other testimony was received. The Zoning Commission concurred with the staff recommendation of conditional approval with an amendment to proposed Condition #7. Condition #7 was concerning the start and stop time for construction activity. The Commission recommends the condition worded so the applicant conform to the requirements in Chapter 17 (Noise) of the city code.
The Zoning Commission voted 5 to 0 to recommend conditional approval.

The consistency with adopted policies and plans is discussed in the alternatives analyzed section above.