HomeMy WebLinkAboutResurrection Catholic Church Addition Conditional Use Permit.pdf
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Keri Thorpe, Assistant Planner
Tim McHarg, Planning Director
Chris Kukulski, City Manager
SUBJECT: A Conditional Use Permit Application to allow the construction of a 9,682 square
foot addition and related parking and site improvement for the existing church located at 1725 S.
11th Avenue (Zoned R-4). The applicant is also requesting variances to Section 18.38.050,
Accessory Buildings, Uses and Equipment, for the construction of 53.5 foot tall bell tower in the
front yard area, File # Z-10356.
MEETING DATE: February 28, 2011
AGENDA ITEM TYPE: Action
RECOMMENDATION: Please note that the three components of the application (Conditional
Use Permit and Variances) should be approved via separate motions, since each requires findings
of compliance with distinct criteria.
Staff recommends approval of Conditional Use Permit Z-10356 for a 9,682 square foot addition
and related site improvements for the existing church located at 1725 S. 11th Avenue.
Recommended Motion: Having reviewed the application materials, heard public comment,
and considered all of the information presented, I move to approve Conditional Use Permit
Z-10356, hereby incorporating by reference the findings included in the staff memo and the
staff recommendation.
Staff recommends approval of the variance request to Section 18.38.050.G.1 to allow the
construction of a free standing bell tower in the front yard area.
Recommended Motion: Having reviewed the application materials, heard public comment,
and considered all of the information presented, I move to approve the variance to Section
18.38.050.G.1, hereby incorporating by reference the findings included in the staff memo and
the staff recommendation.
Staff recommends approval of the variance request to Section 18.38.E.1 to allow the free
standing bell tower to exceed the height of the principal building.
Recommended Motion: Having reviewed the application materials, heard public comment,
and considered all of the information presented, I move to approve the variance to Section
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18.38.E.1, hereby incorporating by reference the findings included in the staff memo and the
staff recommendation.
BACKGROUND: The proposal includes the construction of a 9,682 square foot addition to
the existing church and related site improvements including a 53.5 foot tall bell tower to be
located in the front yard. A church is considered a Community Center type use, and therefore, a
conditional use permit is required in the R-4 zoning District in which it is located. Per 18.34.160,
“Modifications or Enlargement of Structures Authorized Under a Conditional Use Permit”, any
proposed additions are subject to the Conditional Use Permit review procedures. The bell tower,
a detached structure, requires variances for its location and height.
The project is not located in an Overlay District, so design review is not required.
On February 2, 2011 the Development Review Committee (DRC) recommended conditional
approval of the application and their recommended conditions, code citations and comments are
included in the attached report.
On February 7, 2011 the Wetlands Review Boards (WRB) recommended conditional approval of
the application and their recommended conditions, code citations and comments are included in
the attached report.
Typically, the Board of Adjustment has jurisdiction over this type of development application,
but on February 7, 2011 the City Commission reclaimed jurisdiction of this application.
Staff supports conditional approval of the Conditional Use Permit and variance requests. Due to
the natural grade of the site, the site’s location, existing use and context, approving the CUP and
granting the variances allows the site to take on a form that follows its function. Churches
typically have steeples or bell towers which guide and provide a landmark for the community.
Approving the CUP and variances will not be contrary to the Community Plan nor will it be
detrimental to the health and safety of the public
UNRESOLVED ISSUES: none
ALTERNATIVES: N/A
FISCAL EFFECTS: None
Attachments: Applicant’s submittal and Staff Report
Report compiled on: February 17, 2011
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City Commission Staff Report for
Resurrection Catholic Church Addition,
Conditional Use Permit with Variances
Application #Z-10356
Item: A Conditional Use Permit Application to allow the construction of a 9,682 square foot addition
and related parking and site improvements on property located at 1725 S. 11th Avenue. The applicant is
also requesting variances to Section 18.38.050, Accessory Buildings, Uses and Equipment, for the
construction of 53.5 foot tall bell tower in the front yard area.
Owner: The Roman Catholic Bishop of Helena
1725 S. 11th Avenue
Bozeman, MT 59715
Applicant: Resurrection Parish
1725 S. 11th Avenue
Bozeman, MT 59715
Representative: Bob Mechels
Dowling Sandholm Architects
2042 Stadium Drive, Suite 2
Bozeman, MT
Date: Submitted to the Commission, February 17, 2011
Public Hearing Date: February 28, 2011
Report By: Keri Thorpe, Assistant Planner
Recommendation: Conditional Approval
______________________________________________________________________________
Project Location
The subject property is located north of an existing office building (Kagy Professional Building) and
across the street from the commuter parking lot for Montana State University. The subject property is
zoned R-4 (High Density Residential District) and is legally described as Lot 11A Amended Plat of Tai
Lane Addition, Section 13, T2S, R5E, City of Bozeman, Gallatin County, Montana. Please refer to the
following vicinity map.
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Proposal
The proposal includes the construction of a 9,682 square foot addition to the existing church and related
site improvements including a 53.5 foot tall bell tower to be located in the front yard. A church is
considered a Community Center type use, and therefore, a conditional use permit is required. Per
18.34.160, “Modifications or Enlargement of Structures Authorized Under a Conditional Use Permit”,
any proposed additions are subject to the Conditional Use Permit review procedures. The bell tower, a
detached accessory structure, requires variances for its location and height.
The project is not located in an Overlay District, so design review is not required.
On February 2, 2011 the Development Review Committee (DRC) recommended conditional approval of
the application and their recommended conditions, code citations and comments are included in this
report.
On February 7, 2011 the Wetlands Review Boards (WRB) recommended conditional approval of the
application and their recommended conditions, code citations and comments are included in this report.
On February 7, 2011 the City Commission reclaimed jurisdiction over this development review
application.
Recommended Conditions of Approval
Based on the subsequent analysis, the DRC, the WRB and Staff find that the application, with conditions
and code provisions, is in general compliance with the adopted Growth Policy and the City of Bozeman
Unified Development Ordinance. The following conditions of approval are recommended. (Please note
that these conditions are in addition to the required code provisions beginning on page 5 of this report.)
Planning Department Recommended Conditions:
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1. As required under Chapter 18.48 of the Unified Development Ordinance (UDO), the landscaping
plan shall be amended to provide parking lot screening with non-deciduous plants along the
north boundary of the parking lot.
2. Any broken or missing boards in wooden fence on south boundary of proposed parking lot shall
be replaced.
3. Bike racks shall be placed at both the east and west entrances and meet recommended minimum
standards per Chapter 5 of the Greater Bozeman Area Transportation Plan (2007 Update).
4. Except for street lighting and security lighting, all lighting shall be turned off between the hours
of 11:00 p.m. and 6:00 a.m. as required under Section 18.42.150.D.7.c. of the UDO. Security
lighting shall be indicated on final site plan.
5. No signage is permitted on bell tower, other than incidental signage as defined in Section
18.80.1430, BMC.
6. Bell tower shall ring only before scheduled church services and shall not begin ringing sooner
than 15 minutes before the start of services.
7. The mechanical bell selected for the tower shall have volume control which allows for
consistent, replicable at all times, limitation of sound emission adequate to avoid violation of
Chapter 8.30, Noise, BMC.
8. All non-conforming lights on the site shall be removed/replaced with lights conforming to
Section 18.42.150, BMC. Specification sheets must be provided for all exterior lighting to
demonstrate conformance.
9. Any future expansions, new uses or other changes to the property or facility will warrant
additional review as required under Section 18.34.160 of the UDO.
Engineering Department Recommended Conditions:
10. A shared access easement shall be provided for the proposed shared access with the properties to
the South.
11. A grease interceptor conforming to the latest adopted edition of the Uniform Plumbing Code
shall be installed with any development responsible for food preparation. In accordance with
Municipal Code, on-site maintenance and interceptor service records shall be kept on a regular
basis and made available to the City upon request. The applicant shall work with Building and
Engineering Departments to determine if the proposed use of the kitchen warrants a grease trap
or interceptor.
12. The classification of the existing ditch/stream at the property shall be determined. In the event
the ditch is determined to be a true ditch and must be modified or relocated:
a. The Montana Department of Fish, Wildlife and Parks shall be contacted by the Applicant
regarding any proposed ditch/stream relocation and any required permits (i.e., 310, 404,
Turbidity exemption, etc.) shall be obtained prior to FSP approval.
b. The Applicant shall obtain written permission from the Ditch owner for any proposed
relocation or creation of any pond.
Wetlands Review Board Recommended Condition:
That the storm water detention basin be designed as a rain garden with gravel trench bottom providing a
surface water connection to groundwater.
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Conclusion/Recommendation
Staff supports the approval of the Conditional Use Permit (CUP) and variance requests as conditioned.
Due to the natural grade of the site, the site’s location, and the existing use and context, approving the
CUP and granting the variances allows the site to take on a form that follows its function. Churches
typically have steeples or bell towers which guide and provide a landmark for the community.
Approving the CUP and variances will not be contrary to the Community Plan nor will it be detrimental
to the health and safety of the public.
The DRC and Planning Staff have reviewed the Resurrection Parish Catholic Church Addition
Preliminary Site Plan – for their Conditional Use Permit with variances application – and recommends
to the City Commission approval of said application with the conditions and code provisions outlined in
this Staff Report. Staff has identified various code provisions that are currently not met by this
application. Some or all of these items are listed in the findings of this Staff Report. The applicant must
comply with all provisions of the Bozeman Unified Development Ordinance, which are applicable to
this project, prior to receiving Final Site Plan approval. The applicant is advised that unmet code
provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any
way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or
State law.
Zoning Designation & Land Uses
The subject property is currently occupied by the existing church building and two trailers. It is zoned
“R-4” (Residential High Density District). The intent of the R-4, Residential High Density district is to
provide for high-density residential development through a variety of housing types within the City with
associated service functions. This will provide for a variety of compatible housing types to serve the
varying needs of the community’s residents. Although some office use is permitted, it shall remain as a
secondary use to residential development. Community Centers, including churches, are a Conditional Use
with the R-4 zoning designation. The following land uses and zoning are adjacent to the subject property:
North: University Apartments, zoned R-4 (Residential High Density District)
South: Kagy Professional Office Building, zoned R-O (Residential Office)
East: Montana State University Commuter Parking lot, zoned PLI (Public Lands Institution)
West: Undeveloped parcel outside of City limits
Adopted Growth Policy Designation is Residential Emphasis Mixed Use
The Residential Mixed-Use category promotes neighborhoods with supporting services that are
substantially dominated by housing. A diversity of residential housing types should be built on the
majority of any area within this category. Housing choice for a variety of households is desired and can
include attached and small detached single-household dwellings, apartments, and live-work units.
Residences should be included on the upper floors of buildings with ground floor commercial uses.
Variation in building massing, height, and other design characteristics should contribute to a complete
and interesting streetscape and may be larger than in the Residential category.
Secondary supporting uses, such as retail, offices, and civic uses, are permitted at the ground floor. All
uses should complement existing and planned residential uses. Non-residential uses are expected to be
pedestrian oriented and emphasize the human scale with modulation as needed in larger structures.
Stand alone, large, non-residential uses are discouraged. Non-residential spaces should provide an
interesting pedestrian experience with quality urban design for buildings, sites, and open spaces.
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This category is implemented at different scales. The details of implementing standards will vary with
the scale. The category is appropriate near commercial centers and larger areas should have access on
collector and arterial streets. Multi-household higher density urban development is expected. Any
development within this category should have a well integrated transportation and open space network
which encourages pedestrian activity and provides ready access within and to adjacent development.
SECTION 18.34.100 “CITY COMMISISON/BOARD OF ADJUSTMENT CONSIDERATION
AND FINDINGS FOR CONDITIONAL USE PERMITS”
In addition to the review criteria below, the City Commission shall, in approving a conditional use
permit, find favorably as follows:
A. That the site for the proposed use is adequate in size and topography to accommodate such use, and
all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate such
use with the land and uses in the vicinity.
Analysis: This site is currently occupied by a church. Adequate setbacks are provided. Additional
parking lot screening is required as conditioned by staff.
B. That the proposed use will have no material adverse effect upon the abutting property. Persons
objecting to the recommendations of review bodies carry the burden of proof.
Analysis: Adjoining property owners within 200 feet of the property were mailed public notices by
regular first class mail. Staff has received one phone call inquiring about the variance request. The caller
did indicate that Peach Street does need sidewalks. He walks it daily. No written public comment was
received.
Following review of the proposed application with the inclusion of the recommended conditions, staff
finds that the proposed use will have no material adverse effect upon abutting properties unless evidence
presented at the public hearing proves otherwise. Staff has identified noise as a potential source of
conflict but has applied a special condition to reduce the likelihood of this conflict (see next section).
C. That any additional conditions stated in the approval are deemed necessary to protect the public
health, safety and general welfare. Such conditions may include, but are not limited to: regulation of use;
special yards, spaces and buffers; special fences, solid fences and walls; surfacing of parking areas;
requiring street, service road or alley dedications and improvements or appropriate bonds; regulation of
points of vehicular ingress and egress; regulation of signs; requiring maintenance of the grounds;
regulation of noise, vibrations and odors; regulation of hours for certain activities; time period within
which the proposed use shall be developed; duration of use; requiring the dedication of access rights;
other such conditions as will make possible the development of the City in an orderly and efficient
manner.
Analysis: Staff has identified, through the review process, recommended project conditions that are
included to protect the public health, safety, and general welfare. Please see the recommended
conditions of approval.
Regarding Planning Staff Condition 6, page 3, the bell shall ring 15 minutes prior to the beginning of
church services. Currently, church services are provided at 9:00 AM and 11:00 AM on Sundays during
the winter and 8:00 AM and 10:00 AM during the summer. Saturday services are at 5:00 PM during the
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winter months. During the 1st week of the month an additional service is provided at noon (winter) and
1:00 PM (summer).
Review Criteria & Staff findings
Section 18.34 “Site Plan and Master Site Plan Review Criteria”
In considering applications for site plan approval under this title, the Planning Director, City
Commission, DRC, and when appropriate, Staff, and the WRB shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy
Analysis: The development proposal is in conformance with the Bozeman Community Plan including
the “Residential Emphasis Mixed Use” classification. The City’s Growth Policy (Future Land Use
Map) was amended in 2009 with this area designated as Residential Emphasis Mixed Use. The proposal
is in conformance and consistent with this designation.
2. Conformance to this title, including the cessation of any current violations
Analysis: The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of
the lawful requirements of the Bozeman Municipal Code or state law. The following code provisions
must be addressed prior to Final Site Plan approval:
Planning Department Cited Code Provisions:
a. Section 18.34.100, “Consideration and Record for Conditional Use Permits,” 1) the right to a use and
occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed
by the conditional use permit procedure. 2) That all of the special conditions shall constitute restrictions
running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns,
shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing,
and shall be recorded as such with the County Clerk and Recorder’s Office by the property owner prior
to the issuance of any building permits, final site plan approval or commencement of the conditional use.
b. Section 18.34.100. F, Termination/ Revocation of Conditional Use Permit approval.
1. Conditional use permits are approved based on an analysis of current local circumstances
and regulatory requirements. Over time these things may change and the use may no longer
be appropriate to a location. A conditional use permit will be considered as terminated and
of no further effect if:
a. After having been commenced, the approved use is not actively conducted on the
site for a period of two continuous calendar years;
b. Final zoning approval to reuse the property for another principal or conditional
use is granted;
c. The use or development of the site is not begun within the time limits of the final
site plan approval in Section 18.34.130, BMC.
2. A conditional use which has terminated may be reestablished on a site by either, the
review and approval of a new conditional use permit application, or a determination by the
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Planning Director that the local circumstances and regulatory requirements are essentially
the same as at the time of the original approval. A denial of renewal by the Planning
Director may not be appealed. If the Planning Director determines that the conditional use
permit may be renewed on a site then any conditions of approval of the original conditional
use permit are also renewed.
3. If activity begins for which a conditional use permit has been given final approval, all
activities must comply with any conditions of approval or code requirements. Should there
be a failure to maintain compliance the City may revoke the approval through the
procedures outlined in Section 18.64.160, BMC.
c. Section 18.34.130, Final Site Plan, no later than six months after the date of approval of a preliminary
site plan or master site plan, the applicant shall submit to the Department of Planning seven (7) copies
of final site plan materials. The final site plan shall contain all of the conditions, corrections and
modifications approved by the Department of Planning and 7 copies of a written narrative describing
how the conditions and code provisions are met shall be provided.
d. Section 18.34.140 states that a Building Permit must be obtained prior to the work, and must be
obtained within one year of Final Site Plan approval.
e. Section 18.38.050.B states that Accessory buildings, uses or equipment shall not be stored or constructed
between the front lot line and required front building line.
f. Section 18.38.050.F, Accessory Buildings, Uses and Equipment, all mechanical equipment shall be
screened. Rooftop equipment should be incorporated into the roof form and ground mounted
equipment shall be screened with walls, fencing or plant materials.
g. Section 18.42.150, Lighting, all proposed site and building lighting shall comply with said section
requirements. A detailed lighting plan shall be included with the final site plan submittal. Lighting
cut-sheets shall be provided with the final site plan. Said lighting plan shall include illumination
levels to adjacent properties and right-of-ways. This includes all lighting on the proposed bell tower.
h. Chapter 18.46.050, Parking, Joint Use of Parking Facilities. Shared Parking is proposed with this
project. The parties sharing parking spaces shall enter into a long-term joint use agreement revocable
with City Commission approval, running with the term of the designated uses. The applicant shall
show that there is no substantial conflict in the operating hours of the two building or uses for which
joint use of off-street parking facilities is proposed; and the agreement executed between the parties
concerned for joint use of off-street parking facilities, duly approved as to form and manner of
execution by the City Attorney, shall be filed with the City Clerk and recorded with the County Clerk
and Recorder’s Office.
i. Section 18.48.050, Mandatory Landscaping Provisions, all proposed landscaping shall comply with
said section requirements. Parking lot landscaping shall apply to the area within the perimeter of the
paved portion of the parking areas.
j. Section 18.48.050.L requires that the finish grade of all landscape areas including stormwater
facilities shall not exceed a slope of 25% grade (4 run: 1 rise).
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k. Section 18.48.050.L requires that all stormwater retention/detention facilities to be designed as
landscape amenities. See specific code section for specific language and requirements. A cross
section and landscape detail of each facility that meets the requirements of this section shall be
submitted with the final landscape plan.
l. Section 18.52.060, Signs Permitted Upon the Issuance of a Sign Permit, any signage associate with
the development must obtain a sign permit, as well as, meet the requirements of this section.
m. Section 18.64.100, Building Permit Requirements, a Building Permit must be obtained prior to the
work, and must be obtained within one year of final site plan approval. Building Permits will not be
issued until the final site plan is approved.
n. Section 18.64.110, Permit Issuance, states that no permit or license shall be issued unless the use,
arrangement and construction have been set forth in such approved plans and applications.
o. Section 18.74.030.A - The applicant shall provide certification by the architect, landscape architect,
engineer or other applicable professional that all improvements, including but not limited to,
landscaping, ADA accessibility requirements, private infrastructure and other required elements were
installed in accordance with the approved site plan, plans and specifications.
p. Section 18.74.060, Improvements Agreements, If occupancy of any structure is to occur prior to the
installation of all required on-site improvements, the Improvements Agreement must be secured by a
method of security equal to one and one-half times the amount of the estimated cost of the scheduled
improvements not yet installed. Said method of security shall be valid for a period of not less than
twelve (12) months; however, the applicant shall complete all on-site improvements within nine (9)
months of occupancy to avoid default on the method of security.
Note: Impact Fees - Please note that future building permit applications will require payment of the
required transportation, water, sewer and fire impact fees according to the City of Bozeman adopted
impact fee schedule in place at the time of building permit issuance. If you desire an estimate of the
required impact fees (according to current rates) please contact the Planning Office.
Engineering Department Cited Code Provisions:
q. The Final Site Plan shall be adequately dimensioned. A complete legend of all line types used shall
also be provided.
r. Storm Water Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to
remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City
Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations),
storm water detention/retention basin details (including basin sizing and discharge calculations, and
discharge structure details), storm water discharge destination, and a storm water maintenance plan.
s. Plans and Specifications for any fire service line must be prepared in accordance with the City's Fire
Service Line Policy by a Professional Engineer (PE), and be provided to and approved by the City
Engineer prior to initiation of construction of the fire service or fire protection system. The applicant
shall also provide Professional Engineering services for construction inspection, post-construction
certification, and preparation of mylar record drawings.
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t. If construction activities related to the project result in the disturbance of more than 1 acre of natural
ground, an erosion/sediment control plan may be required. The Montana Department of
Environmental Quality, Water Quality Bureau, shall be contacted by the Applicant to determine if a
Storm Water Discharge Permit is necessary. If required by the WQB, an erosion/sediment control
plan shall be prepared for disturbed areas of 1 acre or less if the point of discharge is less than 100'
from State Waters.
u. Sewer and water services shall be shown on the FSP and approved by the Water/Sewer
Superintendent. City of Bozeman applications for service shall be completed by the applicant.
v. Adequate snow storage area must be designated outside the sight triangles, but on the subject
property (unless a snow storage easement is obtained for a location off the property and filed with the
County Clerk and Recorder's office).
w. Drive approach and public street intersection sight triangles shall be free of plantings which at mature
growth will obscure vision within the sight triangle.
x. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail shall be
provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire
new parking lot perimeter and adequately identified on the FSP.
y. All trees must be at least 10 feet from any public utilities or service lines. All public utilities and
services lines must be shown on the Final Landscaping plan.
z. Easements for the water main extension shall be a minimum of 30 feet in width, with the utility
located in the center of the easement. In no case shall the utility be less than 10 feet from edge of
easement.
aa. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire
hydrants. Proposed main extensions shall be labeled "proposed".
bb. The Montana Department of Fish, Wildlife & Parks, SCS, Montana Department of
Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed
project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to
FSP approval.
cc. The applicant shall submit a construction route map dictating how materials and heavy
equipment will travel to and from the site in accordance with section 18.74.020.A.1 of the Unified
Development Ordinance. This shall be submitted as part of the final site plan for site developments,
or with the infrastructure plans for subdivisions. It shall be the responsibility of the applicant to
ensure that the construction traffic follows the approved routes.
dd. All construction activities shall comply with section 18.74.020.A.2. of the Unified Development
Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent
streets. The City may require a guarantee as allowed for under this section at any time during the
construction to ensure any damages or cleaning that are required are complete. The developer shall
be responsible to reimburse the City for all costs associated with the work if it becomes necessary for
the City to correct any problems that are identified.
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3. Conformance with all other applicable laws, ordinances, and regulations
The Final Site Plan will be reviewed to ensure compliance with this section. The plans will be further
evaluated against the requirements of the International Building Code at the time application is made for
a Building Permit.
4. Relationship of site plan elements to conditions both on and off the property
The Church was originally established in the 1970’s to serve the Montana State University student
population and nearby residents. The current building is virtually unnoticeable to the passerby. The
proposed addition and bell tower will provide a compatible addition to a neighborhood that already has a
variety of building heights and forms. With the proposed site plan elements the site will take on a form
that reflects its function.
5. The impact of the proposal on the existing and anticipated traffic and parking conditions
Adequate parking is provided and the any increase periods of traffic congestion created with the
proposal will be short lived and anticipated with services provided. Services are typically provided on
weekends when school is not in session. A traffic study was not required for this proposal.
6. Pedestrian and vehicular ingress and egress
Adequate pedestrian connectivity is provided within and to/from the site. A sidewalk is provided
through the center of the proposed parking lot addition. The existing ingress/egress from 11th Avenue
will continue to be utilized. A shared ingress/egress is being secured from Kagy Blvd. with an easement
across the property to the south.
Open space
As a commercial project, there is no open space or parkland dedication components required of this
project. However, the applicant has designed outdoor seating/gathering area in the front yard between
the proposed free standing bell tower and the main building.
Building location and height
The building location and height is in compliance with the required setbacks of the UDO. The steeple on
the proposed addition is exempt from height standards per Section 18.38.060.D. Such exemptions are
applicable to principal structures and not accessory structures such as the bell tower.
Building heights allowed in the R-4 District generally range from 34 feet to 44 feet depending on roof
pitch. The maximum height of the proposed addition to the principal building is 40 feet with an 8:12
pitch.
Setbacks
The yard setbacks in the R-4 district adjacent to 11th Ave are 20 feet minimum for buildings, parking
and driveway circulation areas. These setbacks have been achieved. Per Section 18.40.210, BMC
“Community Centers located within residential districts shall, when any individual structure exceeds 5,000
square feet in gross floor area or exceeds the district’s allowed maximum height, provide a 20 foot
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landscaped yard between the building and adjacent residential uses. A structure separated from the adjacent
residential uses by a parking lot, public street, watercourse, public open space, or similar separation is
exempt from the additional yard width requirement.” This requirement is met. The adjacent land use to the
south is Administrative Professional (Office) and a parking lot separates the church from the apartment
buildings to the north.
Lighting
All lighting fixtures must be noted on the final site plan(s) including wall-mounted lighting and
proposed security lighting. The applicant has yet to identify any security lighting at this time. All light
fixtures shall conform to the requirements outlined in the City of Bozeman Unified Development
Ordinance.
Provisions for utilities, including efficient public services and facilities
The private utilities and water and sewer services suitable to serve the proposed use are located within
the adjacent subdivision streets. The Engineering Department has included several recommended
conditions of approval regarding utilities as well as additional code citations. The utilities and easements
need to be coordinated with the landscape plan to ensure no overlap. No trees are permitted within ten
feet of mains and services. All final utility locations, both public and private are required to be shown
on the final site plan for final approval.
Site surface drainage
Storm water retention/detention facilities are proposed. Storm water runoff calculations will be required
as part of the Final Site Plan and any needed grading for stormwater must be provided. Staff notes code
provisions in this report that require that retention/detentions facilities be designed as a landscape
amenity, meet naturalized planting requirements, and include slopes no greater than 25% grade (4’ run:
1’ rise).
Loading and unloading areas
Not applicable
Grading
A final grading and drainage plan with final calculations is required for review and approval by the City
Engineering Department prior to final site plan approval.
Signage
A signage plan has not been submitted. All new signage will require a sign permit and shall be included
with the final site plan submittal. All exhibits in the final site plan package shall show all signage in
conformance with the signage requirements of the R-4 district. No signage is permitted on the proposed
bell tower except for incidental signage as defined in Section 18.80.1430, BMC (See project specific
Planning Conditions)
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Screening
The final site plan shall contain a notation that “No ground mounted mechanical equipment, including,
but not limited to utilities, air exchange conditioning units, transformers, and meters shall encroach into
the required yard setbacks and will be properly screened with an opaque solid wall and adequate
landscape features. All rooftop mechanical equipment shall be incorporated into the roof form or
screened in an approved rooftop enclosure.” Staff also notes that parking lot screening, for residential
adjacency, needs to be satisfied with the final landscape plan. The final landscape plan submitted with
the final site plan shall reflect the screening for the parking areas as required.
Overlay district provisions
Not applicable.
Other related matters, including relevant comment from affected parties
No public or agency comments have been received to date. The applicant has submitted application to
the U.S. Army Corps of Engineers for a wetland determination and Nationwide Permit. Receipt of this
permit/determination is required prior to Final Site Plan approval.
If the development includes multiple lots that are interdependent for circulation or other means of
addressing requirement of this title, whether the lots are either:
Configured so that the sale of individual lots will not alter the approved configuration or use of
the property or cause the development to become nonconforming;
The subject of reciprocal and perpetual easements or other agreements to which the City is a party so
that the sale of individual lots will not cause one or more elements of the development to become
nonconforming.
Per Section 18.40.210, Community Centers, Each community center with more than 40 parking spaces
shall provide a minimum of 2 ingress/egress points which comply with Section 18.44.090. This
requirement is fulfilled by utilizing an access from the adjoining lot to the south. A shared access
easement is required between the two property owners for the use of this access and shall be recorded at
the Gallatin County Clerk and Recorder. City Engineering staff finds this sufficient.
VARIANCE REVIEW SECTION
Section 18.66.060.C “Zoning Variances: Criteria for Consideration and Decision”
Variance #1: Section 18.38.050.G.1. A variance is being requested to allow the construction of a free
standing bell tower in the front yard area:
1. Granting of the variance will not be contrary to the public interest.
The detached bell tower will serve the public much the same way it would if it was attached to a
principal building with the typical setback of 20 feet on 11th Avenue. A variety of building forms and
heights are already present in the immediate area. The mechanized bell shall have a volume control
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should adjacent residents find the volume of the chime a nuisance.
2. The variance is necessary, owing to conditions unique to the property, to avoid an unnecessary
hardship which would unavoidably result from the enforcement of the literal meaning of the title.
The lot slopes downhill toward the location of the existing building which is setback over 100 feet from
the street and is somewhat hidden behind mature spruce trees and between two tall buildings. The front
yard location is proposed for the bell tower so that the site development will reflect its function as a
church for the MSU students and nearby residents.
3. The variance will observe the spirit of this title, including the adopted growth policy, and do
substantial justice.
The proposed bell tower is not harmful to the public health, safety or general welfare of the community
and as conditioned by staff does not pose a public nuisance. The adopted growth policy (Community
Plan) designation is Residential Emphasis Mixed Use which calls for “vibrant community centers and
enhanced sense of place”. The community center (church) use has been present on the site since the
early 1970’s. The bell tower design is a reflection of the building’s proposed steeple design which faces
Kagy Boulevard. The bell tower itself is tied in with a memorial/gathering area for parishioners in the
front yard providing for an interesting pedestrian experience with quality urban design.
4. In addition to the criteria specified above, in the case of a variance relating to the flood hazard
provisions of Chapter 18.58, BMC…not applicable.
Variance #2: Section 18.38.E.1 – A variance is being requested to allow the free standing bell tower to
exceed the height of the principal building.
1. The variance will not be contrary to and will serve the public interest. Granting either variance will be
contrary to the public interest.
The detached bell tower will serve the public much the same way it would if it was attached to a
principal building setback of 20 feet on 11th Avenue. If attached to a principal building, the height of the
bell tower would be exempt from height restrictions. Such exemptions are not applicable to accessory
(detached) structures. Several tall buildings (Field House, other MSU buildings, adjacent office building
and apartments) are already present in the vicinity.
2. The variance is necessary, owing to conditions unique to the property, to avoid an unnecessary
hardship which would unavoidably result from the enforcement of the literal meaning of the title;
The lot slopes downhill toward the location of the existing building which is setback over 100 feet from
the street and is somewhat hidden behind mature spruce trees and between two tall buildings. Due to the
presence of tall buildings on adjacent lots and mature trees in the front yard, the request for additional
height so the bell tower may function as intended is reasonable and necessary.
3. The variance will observe the spirit of this title, including the adopted growth policy, and do
substantial justice.
The proposed bell tower is not harmful to the public health, safety or general welfare of the community
and as conditioned by staff does not pose a public nuisance. The adopted growth policy (Community
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Plan) designation is Residential Emphasis Mixed Use which calls for “vibrant community centers and
enhanced sense of place”. Due to the context of the site and the hidden nature of the existing building,
additional height for the bell tower is appropriate. The design of the bell tower reflects the steeple design
of the addition and will be integrated into a front yard memorial/gathering area. The bell tower and
gathering area provide elements of urban design for a location currently lacking a visual relationship
with its surroundings, even though the community center (church) use has been present on the site since
the early 1970’s.
Summary: Staff supports the approval of the Conditional Use Permit (CUP) and variance requests as
conditioned. Due to the natural grade of the site, the site’s location, existing use and context, approving
the CUP and granting the variances allows the site to take on a form that follows its function. Churches
typically have steeples or bell towers which guide and provide a landmark for the community.
Approving the CUP and variances will not be contrary to the Community Plan nor will it be detrimental
to the health and safety of the public.
Attachments: Applicant’s Submittal Materials
Report Sent to:
The Roman Catholic Bishop of Helena, 1725 S. 11th Ave., Bozeman, 59715
Dowling Sandholm Architects, attn: Bob Mechels, 2042 Stadium Drive, Bozeman, 59718
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Variance Criteria Responses 1-26-11.doc - 1 -
Resurrection Parish
Variance Request Criteria - Section 18.38.050 G.1
Criteria #1 – Will not be contrary to and serve the public interest:
Response: The requested variance is to allow a bell tower be located within the front yard of
an existing church. The intent of the bell tower is to serve the public as a recognizable
welcoming and guiding symbol for parishioners, MSU students and guests wishing to
attend services, funerals, weddings or other social gatherings. Granting of the variance
will serve the public by providing clear visual direction to the main entry of the church
and a visual link to the MSU campus.
Criteria #2 – Is necessary owing to the conditions unique to the property, to avoid unnecessary
hardship which would unavoidably result from the enforcement of the literal meaning of
this title:
Response: Resurrection Church is setback over 100’ from the street and located between
two three story buildings. In addition, the street front is densely populated with large,
mature landscaping and trees and the church itself is roughly 10’ below the street level
due to the sites natural grade. A bell tower attached to the building could not be seen
until one was directly in front of the Church, and not very well even then. Our goal is to
preserve all of the existing trees while providing a visible landmark for the church.
Placing the bell tower in the front yard will allow MSU students, parishioners and guests
to easily and conveniently locate the Church and preserve many large, beautiful trees.
Criteria #3 – Will observe the spirit of this title, including the adopted growth policy, and do
substantial justice:
Response: This variance will observe the spirit of this title. The bell tower will serve as a
Parish landmark for MSU students, existing parishioners and new residents of Bozeman
as the city grows. Granting this variance is also in keeping with the context of the
neighborhood which includes the MSU Field House, MSU Football Stadium, Town &
Country Foods, and so many miscellaneous office buildings and restaurants it makes the
two adjacent residential projects the oddity instead of the norm in this R4 Zone.
Criteria #4 – In addition to the criteria specified above, in a case of a variance relating to the
flood hazards provisions of Chapter 18.58 BMC:
Response: The Church is not located in a flood hazard area. There is a wetlands permit
application associated with this project.
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Variance Criteria Responses 1-26-11.doc - 2 -
Resurrection Parish
Variance Request Criteria - Section 18.38.050 E.1
Criteria #1 – Will not be contrary to and serve the public interest:
Response: The requested variance is to allow a bell tower located within the front yard of an
existing church to exceed the height limits set within the R4 zone. With a proposed
height of 53.5’ the intent of the bell tower is to serve the public as a recognizable
welcoming and guiding symbol for parishioners, MSU students and guests wishing to
attend services, funerals, weddings or other social gatherings. Granting of the variance
will serve the public by providing clear visual direction to the main entry of the church
and a visual link to the MSU campus.
Criteria #2 – Is necessary owing to the conditions unique to the property, to avoid unnecessary
hardship which would unavoidably result from the enforcement of the literal meaning of
this title:
Response: Resurrection Church is setback over 100’ from the street and located between
two three story buildings. In addition, the street front is densely populated with large,
mature landscaping and trees and the church itself is roughly 10’ below the street level
due to the sites natural grade. A bell tower built within the Zoned height restrictions
would not be visible from anywhere other than directly in front of the Church. The
existing coniferous trees on the church property are approximately 55’ tall and still
growing. Our goal is to preserve all of the existing trees while providing a visible
landmark for the church. Allowing the proposed height of the bell tower will allow MSU
students, parishioners and guests to easily and conveniently locate the Church and
preserve many large, beautiful trees.
Criteria #3 – Will observe the spirit of this title, including the adopted growth policy, and do
substantial justice:
Response: This variance will observe the spirit of this title. The bell tower will serve as a
Parish landmark for MSU students, existing parishioners and new residents of Bozeman
as the city grows. Granting this variance is also in keeping with the context of the
neighborhood which includes the MSU Field House, MSU Football Stadium, Town &
Country Foods, and many miscellaneous office buildings and restaurants along with two
adjacent residential projects which are both 3 stories tall.
Criteria #4 – In addition to the criteria specified above, in a case of a variance relating to the
flood hazards provisions of Chapter 18.58 BMC:
Response: The Church is not located in a flood hazard area. There is a wetlands permit
application associated with this project.
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EXISTING SITE CONTEXT PLAN NE AERIAL VIEW OF PROPOSED BELL VIEW FROM NEAR BLACK BOX THEATER VIEW FROM NEAR FIELD HOUSE VIEW FROM PARKING LOT S. 11th Ave Kagy Blvd. EXISTING CHURCH 88
dowling sandholm architects, P.C. COPYRIGHT 20072054 Stadium Dr. Suite C Bozeman, MT 59715406 556-0113 + 406 556-0114 fax + www.dowlingsandholm.comDRAWN BY:PROJECT #:REVDESCDATEPHASEPRESDDDCDDATEABCD2/16/2011 3:37:04 PM1725 S. 11TH AVE., BOZEMAN, MTC:\Users\Eryn\Documents\Resurrection Phase One-Eryn.rvtA4-01.28.113D VIEWSRESURRECTION PARISHCD 25%10-358--12/21/104/10/11Author--------A4-01ENTRY VIEW FROM 11THA4-02VIEW FROM KAGYA4-03AERIAL VIEW SEA4-04AERIAL VIEW SWA4-05VIEW OF BELL TOWER FROMCAMPUS89