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a.
City Zoning Commission
Meeting Date:
02/05/2019
SUBJECT
Special Review #973- 3548 Rachelle Circle
THROUGH:
Monica Plecker
PRESENTED BY:
Karen Husman

Information

REQUEST

Special Review #973- 3548 Rachelle Circle - This is a special review request to allow the expansion of an existing church parking lot on Lot 1C, Block 6, of Parkland West Subdivision, 1st Filing, a 3.15 acre parcel of land. The expanded parking area will be about 27,000 square feet in area and includes new landscaping and fencing. Tax ID: A29915. Presented by: Karen Husman, Planner I.

RECOMMENDATION

The Planning Division is recommending conditional approval.

APPLICATION DATA

OWNER: The Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints
LEGAL DESCRIPTION: Lot 1C, Block 6 of Parkland West Subdivision, 1st Filing
ADDRESS: 3548 Rachelle Circle
CURRENT ZONING: Planned Development with underlying zoning of R-96
EXISTING LAND USE: Vacant
PROPOSED USE: Parking Lot   
SIZE OF PARCEL: 3.15 Acres 

CONCURRENT APPLICATIONS

None

APPLICABLE ZONING HISTORY

SUBJECT PROPERTY Special Review # DATE FOR APPROVED (Y/N) ADDITIONAL DATA
3548 Rachelle 550 4/24/95 Church & softball field Y  
SIMILAR APPLICATIONS Special Review # DATE FOR APPROVED
(Y/N)
ADDITIONAL DATA
819 Grand Avenue 920 1/12/15 Parking lot in residential zone Y Off The Leaf, Residential 6000
1045 Grand Avenue 215 1/7/85 Public Parking and drive thru window Y Dairy Queen, Residential Multi-Family Restricted
1403 Grand Avenue 890 7/25/11 Public Parking in residential zone Y Stockman Bank, Residential 6000
331 Calhoun. 949 10/24/16 Public parking in residential zone Y  
802 S 32st. Street 961 2/26/18 Parking lot in residential zone Y Friendship house at 3123 8th Ave. S.

SURROUNDING LAND USE & ZONING

NORTH: Zoning: PD 
Land Use: Residential 
SOUTH: Zoning: PD
Land Use: Residential 
EAST: Zoning: PD
Land Use: Residential 
WEST: Zoning: PD
Land Use: Residential 

BACKGROUND

This is a special review request to construct a parking lot on a lot that is located in a Planned Development with an underlying zoning of Residential-960. The underlying use of the property is a church, generally located on the corner of Monad Road, and South 36th Street West.   The proposal is to expand the existing parking area and add landscaping. In the letter to the City Zoning Commission, the applicant outlines their plans and reasoning for the requested parking lot:
"Based on current growth and attendance patterns, there is a need to construct additional parking at the existing site, which is owned by The Church of Jesus Christ of Latter-Day Saints. Additional parking is needed to meet the growth demand of this established church in the community. There will be no physical expansion of the church building itself; rather, since the facility is now organized as a Stake Center, additional meetings, services, and church administrative functions require the additional parking."
 
There have been other parking lots approved through special review in the city on land that is zoned residential (included in the Application Zoning History portion of this report). There are also many church buildings with parking lots on residentially zoned property.  Section 27-305 BMCC allows parking lots to be placed on residentially zoned land with a Special Review approval.

SUMMARY

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 Zoning Regulations, 2) The application is consistent with the objectives and purposes of the Zoning Regulations and the Growth Policy, and 3) the application is compatible with surrounding land uses and is otherwise screened and separated from adjacent land to minimize adverse impacts. (Section 27-1503.d BMCC)
 
This application conforms to the first criteria in so far that the zoning regulations adopted by the City Council have designated all residential zoning districts may have a parking lot as long as the applicant completes the special review process.  There are requirements for landscaping and screening from residential uses next to commercial uses within the zoning regulations.
 
The application meets criteria from the second requirement as it is consistent with some of the objectives of the Growth Policy:
  • Strong Neighborhoods: Neighborhoods that are safe and attractive and provide essential services are much desired. Infill development and development near existing City infrastructure may be the most cost effective.
The proposed special review will provide an additional service to those residents within the neighborhood. Because the church is expanding parking on its existing site, it provides a cost-effective infill development in an established neighborhood. The underlying use of this property as a church and religious assembly will support this neighborhood and create an environment that is safe and attractive.
  • Essential Investments: Neighborhoods that are safe and attractive and provide essential services are much desired.
Existing infrastructure and service investments are leveraged, thereby improving community fabric and making strong neighborhoods. 
 
The application also meets the third criteria in that it is compatible with surrounding land uses in the area.  The development of this parcel into a parking lot would take a parcel that is in need of attention and clean it up in this neighborhood. Since the underlying church use already exists on the property, there will be no need to extend or expand municipal services. There are minimal impacts from the proposed location of the parking lot that need to be mitigated. The conditions recommended with the special review should mitigate impacts on the site and the surrounding properties.  

RECOMMENDATION

PROPOSED CONDITIONS:
  1. The special review is limited to Lot 1C, Block 6 of Parkland West Subdivision, 1st Filing.
  2. The special review approval is to allow the expansion of an existing parking lot generally located at 3548 Rochelle Circle. No other use is intended or implied.
  3. The site will be developed in conformance with all applicable zoning and site development regulations.
  4. No construction shall take place before 7 am or after 8 pm.
  5. The applicant will install and maintain the landscaping as shown on the submitted site plan.
  6. The proposed development shall comply with all other limitations of Section 27-613 of the Zoning Regulations concerning special review uses, and all other City of Billings, regulations and ordinances that apply.
  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. 
 
**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 or zoning compliance permit level. This application is for a Special Review as noted above and no other request is being considered with this application. The use and development of the property must be in accordance with the submitted site plan.

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