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Regular   5.
Regular City Council Meeting
Meeting Date:
01/25/2016
TITLE
Special Review 937- Saint Thomas Apostle Church
PRESENTED BY:
Candi Millar
Department:
Planning & Community Services
Presentation:

PROBLEM/ISSUE STATEMENT

This is a special review request to allow the addition of 9,172 square feet to an existing church in a Residential 9,600 (R-96) zone on Lot 1, Block 1, St. Thomas Subdivision, a 5.219 acre parcel of land generally located at 2055 Woody Drive.  The Zoning Commission conducted a public hearing on January 5, 2016.

Special Review applications are reviewed using criteria referenced in the Alternatives Analyzed section of this memo. Special Reviews do not change the zoning of a property. They are tied to specific uses that are permitted in a given zoning district but are subject to a review by the City prior to the use being allowed. Special Review requests, unlike Zone Changes, may be conditioned to mitigate potential impacts from the use on the subject property or surrounding properties.

ALTERNATIVES ANALYZED

 The City Council may:
  • Approve the request
  • Conditionally approve the request
  • Deny the request
  • Allow the applicant to withdraw the request
  • Delay action on the request for up to 30 days
The Planning Division reviewed this application and recommended 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 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 because 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.  It conforms to the third criteria in that it is compatible with the surrounding uses and conditions of approval are recommended to mitigate any potential impacts to surrounding property. The proposed building addition does not exceed lot coverage and meets the required front, side, and rear setbacks. The church will be required to meet off-street parking and access rules. The proposal is consistent with goals of the 2008 Growth Policy, specifically the goal of preserving neighborhood character and quality of life by maintaining and improving existing buildings and development in established neighborhoods. Zoning Commission is recommending conditions for this special review based on the approval criteria for special review uses.

The Zoning Commission recommends the following conditions:
  1. The special review is limited to Lot 1, Block 1 of St. Thomas Subdivision generally located on the corner of Colton Boulevard and Woody Drive.
  2. The special review approval is for the addition of 9,172 square feet to an existing church in a Residential 9,600 (R-96) zone, on Lot 1, Block 1, St. Thomas Subdivision, a 5.219 acre parcel of land generally located at 2055 Woody Drive. No other use is intended or implied by this approval.
  3. Any expansion of the proposed building or 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, including security 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 outdoor areas shall be 20 feet above grade.
  5. All proposed drive approaches will be reviewed by City Traffic Engineering for final approval and location.
  6. No construction activity will occur before 7 am or after 8 pm daily.
  7. The site will be developed in substantial conformance with the submitted site plan, including landscaping, parking, and building locations with the exception of condition 5.
  8. 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.
  9. 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.
 

FINANCIAL IMPACT

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 costs for plan review and inspections.

 

BACKGROUND

This is a request to allow additions and renovations to existing uses and functions to the church and improvements to the site. There are 9,170 SF of additional floor area proposed to improve access, circulation and services for the existing spaces. The additions will include a larger public entrance and lobbies along with new larger restrooms. An updated kitchen is also proposed as an addition to the south side of the gymnasium. There is also a basement classroom proposed under the new main sanctuary entrance.  Site improvements include some expansion of the parking and a new main landscaped entrance plaza to provide more accessibility to all the main entrances.
 
The surrounding zoning is primarily residential. Churches have traditionally been built in neighborhoods to serve the surrounding area. The potential impacts can be mitigated through application of conditions of approval and adherence to an approved site plan through the special review process. The Planning staff is recommending several conditions related to noise, lighting, solid waste management, traffic and site control.
 
Colton Boulevard is a collector street that carries up to 5,000 vehicle trips per day with a posted speed limit of 35 mph. With a proposed school on the adjacent parcel there would be a school zone created which would slow traffic down during drop off and pickup times for the school.  There are curb-walk sidewalks on both sides of Colton Boulevard.
 
The Zoning Commission review and public hearing held is detailed under the "stakeholders" section of this report.
 

STAKEHOLDERS

The Zoning Commission conducted a public hearing on January 5, 2016, and received the staff report and recommendation. Only the applicant's agent provided testimony at the public hearing.

Public Hearing
Applicant Agent Mike Tuss of CTA Architects and Engineers reviewed the proposal for the addition. He also explained the reasons for the proposed expansion are to accommodate the increase in attendance as well as more accessible ADA compliant entryways.  Mr. Tuss also reviewed the proposed changes and additions to the parking and landscaping for the property, including the addition of 47 parking spaces as well as a shared access and a planned parking agreement with the adjacent property owners that have a pending project for a new school.
 
Commissioner James Mariska asked the applicant about the changes they had made to the drive approach and what affect it would have on traffic.  Mr. Tuss reviewed the original proposal that was for bulb outs on Colton Blvd. He said after consideration the applicant had changed the proposal to include two approaches off of Colton, one existing and one new, to allow traffic for special events to flow onto the property instead of remaining  out in the traffic lanes on Colton.  Mr. Tuss said they felt this would help to relieve potential traffic congestion during special events. 

There were no other questions or comments.  The public hearing was closed.   Commissioner Mariska made a motion to approve Special Review 937 with the recommended conditions. Commissioner Dennis Ulvestad seconded the motion.

 

CONSISTENCY WITH ADOPTED POLICIES OR PLANS

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

 

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