This is a request for a special review for an expansion of a church facility on a 32,810 square foot parcel in a Residential 6,000 (R-60) zone. The subject property is legally described as Lots 8-11, Block 1, Dahl Subdivision. The property is generally located at 40 10th St West and 1008 St John’s Avenue. The existing gross floor area of the church is 7,183 square feet and the requested addition is proposed for 1,022 square feet. The Zoning Commission conducted a public hearing on July 6, 2010, and is forwarding a recommendation of conditional approval on a 3-0-1 vote. Member Matt Krivonen recused himself from debate and voting on this matter since he was involved with development of the building plan.

Before taking any action on an application for a special review use, the City Council shall first consider the findings and recommendations of the City Zoning Commission. In no case shall the City Council approve a special review use other than the one advertised. The City Council shall take one of the following actions on these Special Review requests: 1) approve the application; 2) conditionally approve the application; 3) deny the application; 4) allow withdrawal of the application; or 5) delay the application for a period not to exceed thirty (30) days. The Zoning Commission's findings and recommendations are within the Consistency with Adopted Plans section of this report.

There should be no fiscal impact to the city from approval of the requested special review.

This is a request for a special review to allow the expansion of an existing church, Bethlehem Lutheran Church, at 40 10th St West and 1008 St. John’s Avenue. The property is zoned R-60 and is generally located on the southwest corner of 10th Street West and St. John’s Avenue. The property on the west is residential property and has single family and two-family dwellings. School District property is to the north and Central Park is to the east. Commercial land uses are across the alley to the south and have frontage on Central Avenue. A majority of the land uses directly adjacent to the church are non-residential.

On May 25, 2010, the Planning Division received building plans for review of the expansion of Bethlehem Lutheran Church. The Planning Division reviewed the plan and noted the proposed expansion was greater than 10% of the existing gross floor area and would require a special review approval to proceed. Section 27-613, BMCC, requires churches to go through a special review if the building addition is more than a 10% increase, if the occupancy increases by more than 10%, or if the parking lot increases by more than 10%.

The existing church has 7,183 square feet of occupied floor area. The proposed expansion is 1,022 square feet. The existing church entry on 10th Street West will be demolished and a new entry with a canopy will be constructed on the northeast corner of the proposed addition. (See Site Plan Attachment C) No additions to the existing parking lot are proposed. The new entryway will make the church more accessible to disabled persons.

The Zoning Commission conducted a public hearing on Special Review #883 on July 6, 2010. The Planning staff presented the application and recommendation. The agent for the applicant, Allen Rapacz of Schutz Foss Architects, attended the public hearing and provided testimony. Commission member Matt Krivonen recused himself from debate and voting on the application since he was involved in development of the building plan. Four members of Bethlehem Lutheran Church testified in favor of the application. No one testified in opposition to the special review.

Allen Rapacz, agent for the applicant, testified in favor of the application. He note three errors within the staff report that need correction. The proposed addition will not add worship space to the church. The addition is meant to provide safe access and handicapped accessibility to the existing fellowship area in the basement and to the sanctuary upstairs. The existing building is a split level and handicapped accessibility has been an on-going issue. The other two corrections were spelling or reference errors. Mr. Rapacz stated the church will not add to the existing parking lot but does have a signed parking agreement with School District #2 to the north. Mr. Rapacz stated the church will comply with the proposed conditions of approval.

Sue Johnson of 204 Alderson Avenue, and member of the church, testified in favor of the application. She stated the primary reason for the addition was to provide access to disabled congregation members. An elevator will be installed in the new foyer and everyone will be able to go up to the sanctuary for services or attend fellowship in the basement area.

Paul Hanson of 3333 38th St West, and memebr of the church, testified in favor of the application. He stated the conditions were acceptable. The church has not yet decided on the new location of the cross tower but it will meet the proposed condition for setbacks and clear vision areas.

John Fernelius of 2621 Miles Avenue, and church member, testified in favor of the application. He stated the addition will make the access safer for everyone. Anyone standing in the existing entryway blocks exiting or entry to other people. This could be a safety issue in the case of emergency. The new entryway will be large enough to accommodate people waiting or standing in the doorway.

Connie Butcher of 1920 Howard Avenue, and church member, testified in favor of the application. She stated the church has needed this renovation for a long time and the finances just recently became available for the project. She stated the church has a small congregation and many are elderly or disabled. The current split level has created a barrier to some members. The project would resolve this problem.

Commission member Ed Workman made a motion to recommend conditional approval of Special Review #883 and it was seconded by member Dan Wagner. The Commission voted 3-0-1 to recommend conditional approval. Member Mat Krivonen did not debate or vote since he was involved with development of the building plan.

The Planning Division reviewed the application and recommended conditional approval to the Zoning Commission. The Zoning Commission conducted a public hearing and concurred with the recommendation. 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 meets required setbacks and does not exceed maximum lot coverage. The cross tower will be re-located and the existing and proposed landscaping meets the requirements of the code. The application is conforming to the purposes of the regulations and the 2008 Growth Policy. The addition will allow the existing use to remain in a well established neighborhood in Billings. Churches and other religious land uses are allowed with special review approval in all residential zoning districts.

The application also conforms to the second and third criteria. The submitted drawing with this application appears to meet all zoning requirements for setbacks, lot coverage and landscaping. This is the current location of the Bethlehem Lutheran Church and it is proposing to stay in the neighborhood, build an addition and a well laid out landscape on the property that will enhance the appearance of the area instead of moving to a new location leaving behind an empty building for the neighborhood. The property has been in use as a church in the neighborhood for more than 40 years and does not pose a change in use that would be detrimental to the neighborhood. The proposed expansion of Bethlehem Lutheran Church is consistent with goals of the 2008 Growth Policy specifically the goal of encouraging in-fill and developments that are consistent with neighborhoods and adjacent land uses.

The Zoning Commission recommends conditions for this special review based on the approval criteria for special review uses. Zoning Commission has recommended conditions below to address lighting, safety, and traffic flow.

RECOMMENDATION
The Planning Department recommends conditional approval.

PROPOSED CONDITIONS
1. The special review approval shall be limited to Lots 8-11, Block 1 of Dahl Subdivision generally located at 40 10th St West and 1008 St. John’s Avenue.
2. Any expansion of the proposed building, building occupancy, or parking lot greater than 10 percent of what is shown on the submitted site plan will require an additional special review approval.
3. The development of the addition shall be in substantial conformance with the submitted site plan.
4. All site lighting on the building, in parking areas and under the canopy shall have full cut-off shields so lighting is projected to the ground and not on to adjacent properties.
5. The relocated cross tower shall meet required building setbacks and will not be located within a clear vision area of any drive approach or the intersection of 10th St West and St John’s Avenue.
6. Pedestrian crossing signs shall be posted at the new drive approach entrance on St. Johns Avenue and at the new drive approach exit on to 10th Street West. These signs will alert drivers entering and exiting to watch for pedestrians on the public sidewalks.
7. 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.
8. 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.

**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.