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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 44 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 45 #Z-10356 Resurrection Catholic Church Conditional Use Permit Staff Report 1 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. 46 #Z-10356 Resurrection Catholic Church Conditional Use Permit Staff Report 2 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: 47 #Z-10356 Resurrection Catholic Church Conditional Use Permit Staff Report 3 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. 48 #Z-10356 Resurrection Catholic Church Conditional Use Permit Staff Report 4 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. 49 #Z-10356 Resurrection Catholic Church Conditional Use Permit Staff Report 5 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 50 #Z-10356 Resurrection Catholic Church Conditional Use Permit Staff Report 6 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 51 #Z-10356 Resurrection Catholic Church Conditional Use Permit Staff Report 7 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). 52 #Z-10356 Resurrection Catholic Church Conditional Use Permit Staff Report 8 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. 53 #Z-10356 Resurrection Catholic Church Conditional Use Permit Staff Report 9 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. 54 #Z-10356 Resurrection Catholic Church Conditional Use Permit Staff Report 10 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 55 #Z-10356 Resurrection Catholic Church Conditional Use Permit Staff Report 11 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) 56 #Z-10356 Resurrection Catholic Church Conditional Use Permit Staff Report 12 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 57 #Z-10356 Resurrection Catholic Church Conditional Use Permit Staff Report 13 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 58 #Z-10356 Resurrection Catholic Church Conditional Use Permit Staff Report 14 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 59 60 61 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 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. 85 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. 86 87 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