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, 1^st 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. 
 
Special Review applications are reviewed using BMCC, Section 27-1503, criteria referenced in the Alternatives Analyzed section of this memo. Special Reviews do not require an ordinance for approval, are not zone changes on property; rather, are tied to specific uses that are allowed in a given zoning district but are subject to a review by the City prior to the use being allowed. Special Reviews, unlike zone changes, may be conditioned to mitigate possible impacts from the use on the subject property or surrounding properties.

City Council may:

• Approve the request;
• Conditionally approve the request;
• Deny the request;
• Allow the applicant to withdraw the request; or
• Delay action on the request for up to 30 days.

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

Before a recommendation of approval or conditional approval can be made, each special review request must demonstrate conformance with three primary criteria per BMCC 27-1503:
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.
 
The Planning staff has reviewed the request and the City Zoning Commission held a public hearing on February 5, 2019. The Zoning Commission is forwarding a recommendation for 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 2016 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.
 
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 can have a parking lot on them as long as they go through 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 already exists, 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.  

Since this property is owned by a church, it is likely tax exempt and there will be no added tax revenue to the City if the Special Review is approved.

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-9600, the underlying use of the property is a church, generally located on the corner of Monad Road, and South 36^th Street West.   The proposal is to expand the existing parking area and add landscaping. In the letter to the Zoning Commission submitted by the applicant, the plans were outlined and the reasoning for the requested parking lot was explained as follows:
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 that have gone through special review in the city to allow them on land that is zoned residential, some older use properties have not.  Although only one was approved in this subdivision; here are some examples of other properties with parking on residentially zoned land, 819 Grand Avenue, Off The Leaf, Residential 6000; 1045 Grand Avenue, Dairy Queen, Residential Multi-Family Restricted; 1403 Grand Avenue, Stockman Bank, Residential 6000; 2032 Grand Avenue, Dana Motors, Residential 6000; 4635 Simpson Street, Resource, Support and Development Inc., Residential 7000.  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.

The Zoning Commission conducted a public hearing on February 5, 2019, and received the staff report and recommendation as well as testimony from the applicant’s agent, Bill Morgan. Mr. Morgan concurred with staff's recommendation and said the applicant also agrees with the conditions recommended. He explained the need for additional parking for the Church; the use as a church remains the same but it has been changed under the classification by the organization in that it will also now be used for meetings and conferences.  Mr. Morgan explained the building itself will not need expanding only the need for more parking for such events.

Commissioner Ulvestad asked if they intended to add more parking to the area to the east.   Mr. Morgan said they did not have plans for any more than what is being requested at this time. He said they would need to come back for another special review approval if they intended to add more parking in the future. Mr. Morgan also pointed out they intended to create a 10' pedestrian access easement to the north side of the parcel extending the existing easement from the residential parcels to the northeast across the property to Rachelle Circle on the north side of the subject property.  Commissioner Mariska asked for clarification of the location of the existing access and if there would be an additional drive approach with the new parking area. Mr. Morgan said they would not need an additional approach per the Public Works requirements.  

Brett Donaldson, the applicant, thanked staff and the commissioners for their consideration and concurred with Mr. Morgan, adding that the definition of the Church use had changed from a "meeting house" to what is known as a "stake building". He explained the "stake building" is used for more than the meeting house and is utilized for conferences and other events for the organization.

The public hearing was closed and Commissioner Ulvestad made a motion to forward a recommendation to the City Council to approve Special Review 973 with the recommended conditions. The motion was seconded by Commissioner Mariska and passed with a 3-0 voice vote.

Discussion of the application's consistency with adopted plans and policies, including the City of Billings 2016 Growth Policy, is included in the Alternatives Analyzed section of this memo.