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E X E C U T I V E S U M M A R Y CASE PLANNER: Janet Rhoades REVIEWED AND APPROVED BY: Mary McCrea PUBLIC HEARINGS: CC: May 17, 2010 AGENDA ITEM: 202 Brooks Street / St. Paul’s Lutheran Church Conditional Use Request – “Religious Assembly” as Conditional Use in RM1-35 APPLICANT & St. Paul’s Lutheran Church FEE OWNER: 202 Brooks Street Missoula, MT 59801 APPLICANT’S OZ Architects REPRESENTATIVE: 125 Bank Street, Suite 200 Missoula, MT 59802 LOCATION OF 202 Brooks Street on the south side of Brooks between Roosevelt REQUEST: and Tremont Streets, near the intersection of Brooks Street and Higgins Avenue LEGAL The legal ad was published in the Missoulian on April 25 and NOTIFICATION: May 2, 2010. The site was posted on April 26, 2010. Adjacent property owners within 150 feet of the site were notified by certified mail on April 16, 2010. ZONING: RM1-35 Residential with NC-B, Boulevard Neighborhood Character Overlay GROWTH POLICY: The applicable amendment to the 2005 Missoula County Growth Policy is the 1998 Missoula Urban Comprehensive Plan Update, which designates the property as Residential, 16 dwelling units per acre BROOKS HIGGINS TREMONT BLAINE ROOSEVELT P ---PAGE BREAK--- 2 Surrounding Land Uses Surrounding Zoning North: Residential RT2.7 Residential with NC-B Boulevard Neighborhood Character Overlay South: Commercial RM1-35 Residential RM1-35 Residential / PUD East: Mixed-use Commercial/Residential B1-1 Neighborhood Business / PUD with NC-B Boulevard Neighborhood Character Overlay West: Residential RT2.7 Residential with NC-B Boulevard Neighborhood Character Overlay R5.4 Residential RECOMMENDATION THAT the conditional use request be approved ---PAGE BREAK--- 3 202 Brooks Street / St. Paul’s Lutheran Church Conditional Use Request May 17, 2010 I. RECOMMENDED MOTION THAT the “Religious Assembly” use be APPROVED as a Conditional Use in the RM1-35 Residential / NC-B Boulevard Neighborhood Character Overlay Zoning District in the location of St. Paul’s Lutheran Church at 202 Brooks Street in accordance with Missoula City Zoning Ordinance, Title 20, Sections 20.05.020(D) and 20.85.070, based on the findings of fact in the staff report. II. INTRODUCTION This is a request from Warren Hampton of OZ Architects to approve the “Religious Assembly” use as a Conditional Use in the RM1-35 Residential / NC-B Boulevard Neighborhood Character Overlay Zoning District in the location of St. Paul’s Lutheran Church at 202 Brooks Street. St. Paul’s Lutheran Church is located on the south side of Brooks between Roosevelt and Tremont Streets, near the intersection of Brooks Street and Higgins Avenue. The applicant requests the Conditional Use in order to construct an addition to the existing church structure. III. APPLICABLE ZONING REGULATIONS Title 20 Zoning Ordinance, Section 20.85.070(H) outlines the review criteria for review of conditional use applications. According to the Zoning Ordinance, “not all review criteria will apply in every case…[and] only the applicable review criteria need to be met.” Uses that require conditional use approval may be approved by the City Council only when Council determines that the proposed uses meet all the applicable review criteria. IV. CONDITIONAL USE REVIEW CRITERIA Findings of Fact: General Site Geography 1. The 37,600 square foot subject property is located on the south side of Brooks Street between Roosevelt Street to the north and Tremont Street to the south, approximately 500 feet south of the intersection of Brooks Street and Higgins Avenue. 2. The subject property is the current site of St. Paul’s Lutheran Church. The church has existed and operated at this location since 1926. 3. The subject property contains the church structure and associated educational facilities on the northern half of the parcel, and parking facilities on the southern half of the parcel. 4. The subject property is accessed from Brooks and Tremont Streets. The southern parcel boundary abuts an alley running from Roosevelt Street to Tremont Street. 5. Brooks Street adjacent to the subject property is classified as a Non-Interstate Principal Arterial. Higgins Avenue, approximately 150 feet east of the property, is classified as a Minor Arterial. ---PAGE BREAK--- 4 6. The subject property is within the Missoula Urban Transportation District. The property is served by Bus Route No. 6 with service along Higgins Avenue to the east. 7. The subject property is inside the Urban Growth Area and the Wastewater Facilities Service Area. 8. The subject property is served by City sewer and Mountain Water Company. 9. The subject property is located within an established service area for Missoula hospitals and the City Fire and Police Departments. 10. The property is located within the Air Stagnation Zone. Parcel History 11. The subject property is legally described as Lots 1 through 7, Portions of Lots 8 and 9, and Lots 10 through 12 of Block 7 of South Missoula Addition Subdivision in Section 28 of Township 13 North, Range 19 West, P.M.M. The subdivision was platted in December 1888. 12. According to the applicant’s submittal packet, the St. Paul’s Lutheran Church has been located on the subject property at 202 Brooks Street since at least 1926. 13. Sanborn Fire Insurance Maps indicate the presence of St. Paul’s Lutheran Church on a portion of the subject property since at least 1921. 14. The subject property was zoned C Commercial by the Missoula City Council on August 9, 1932 per Ordinance No. 616. 15. According to the applicant’s submittal packet, additions to the original church structure were undertaken in 1950, 1960, and 1988. The latter resulted in the church structure as it currently exists. 16. On August 1, 1977, the Missoula City Council adopted Ordinance No. 1842 rezoning the subject property from C Commercial to R-IV Residential under the former Title 19 Missoula City Zoning Ordinance. According to minutes from the Council meeting, the rezoning was approved in light of the residential development pattern characterizing the area. 17. On February 5, 1979, the Missoula City Council adopted Ordinance No. 1993 creating and applying an “Over-Lay Boulevard Zone” to lands on the north and south sides of Brooks Street from Higgins Avenue to Mount Avenue, including the subject property. The former Title 19 Zoning Ordinance described this overlay in Section 19.58.040 “Boulevard Zone.” 18. On November 4, 2009, the Title 20 Missoula City Zoning Code became effective. In the revised code, the R-IV Residential zoning district transitioned to the RM1-35 Residential zoning district, and the Boulevard Overlay transitioned to the NC-B Boulevard Neighborhood Character Overlay. Comprehensive Plan 19. The applicable land use plan for the subject property is the 1998 Missoula Urban Comprehensive Plan Update, an amendment to the 2005 Missoula County Growth Policy Update. 20. The 1998 Plan designates the subject property as Residential, 16 dwelling units per acre. 21. The subject property is inside the Urban Growth Area, described by the 1998 Plan as an area “generally…defined by the availability…of urban services including public safety, cultural, social, health, and transportation services.” 22. The 1998 Plan encourages the continued development of such services inside the Urban ---PAGE BREAK--- 5 Growth Area in order to minimize the costs of service extensions and infrastructure. Zoning Districts 23. The subject property is zoned RM1-35 Residential and is the current site of St. Paul’s Lutheran Church. 24. The applicant is seeking a Conditional Use approval in order to construct an addition to the existing church. Pursuant to Table 20.05-1 “Uses Allowed in Residential Districts” of the Title 20 Zoning Code, the “Religious Assembly” use is a Conditional Use in the RM1-35 Residential zoning district. 25. Under the former Title 19 Missoula City Zoning Ordinance, the subject property was zoned R-IV Multiple-Dwelling Residential. Pursuant to Chapter 19.40 of the former zoning code, “churches and temples” were Permitted Uses in the R-IV zoning district. 26. Prior to the Missoula City Council’s approval of a rezoning of the subject property to R-IV Multiple-Dwelling Residential in 1977, the property was zoned C Commercial under the Title 19 Zoning Ordinance. Pursuant to Chapter 19.14 of the former code, “any use permitted in…R-IV” was a permitted use in C Commercial. This would include “churches and temples.” 27. Prior to adoption of the Title 20 Zoning Ordinance in November 2009, the church use was historically permitted on the subject property. Additions to the church in 1950, 1960, and 1988 were therefore not processed as Conditional Uses. 28. The subject property is surrounded by the following zoned lands: RM1-35 and R5.4 Residential to the south; R2.7 Residential to the north; R5.4 and R2.7 Residential to the west; and R5.4 Residential and B1-1 Neighborhood Business to the east. 29. The lot size, height and building setback standards of the RM1-35 Residential zoning district are as follows: the minimum parcel size is 3,000 square feet; the minimum front yard setback is 20 feet; and the minimum interior side yard setback is 5 feet; the minimum street side setback is 10 feet; the minimum rear yard setback is 20 feet; and the maximum building height is either 30 or 35 feet depending on roof pitch. 30. The proposed addition to the existing St. Paul’s Lutheran Church as designed, consisting of infill construction in the current location of the outdoor courtyard, required approval of three variance requests by the Missoula City Board of Adjustment as follows: 1) to vary 5 feet from the required 20 foot front yard setback parallel to Brooks Street; 2) to allow a canopy to encroach 8 feet further into a required 20 foot setback parallel to Brooks Street, and; 3) to vary 3 feet 9 inches from the required 5 foot side yard setback parallel to the adjacent to the southern property boundary. 31. On March 24, 2010, the City Board of Adjustment approved each of the three variance requests. Based on these approvals, the proposed addition complies with zoning. 32. According to the applicant’s submittal packet, the “proposed project will create an infill of the existing courtyard and make minor additions along the alley side” of the church structure. 33. According to the applicant’s submittal packet, the proposed “changes will provide additional spaces for religious functions, make the entire complex ADA [Americans with Disabilities Act] compliant, provide improved restrooms, increased energy efficiency…, life safety improvements for exiting and fire sprinklers, and will provide new meeting spaces – many of them are used regularly by non-profits and other community organizations.” ---PAGE BREAK--- 6 34. Site uses within approximately 1,000 feet of the subject property include single and multi- family residential, business and commercial, religious assembly, and school uses. 35. The subject property has a lot size of approximately 37,600 square feet, which meets the minimum parcel size requirement of 3,000 square feet for the RM1-35 Residential zoning district. 36. The parking and access requirements contained in Chapter 20.60 of the zoning ordinance are inapplicable to the proposed addition. Parking for the “Religious Assembly” use is calculated based upon the total square feet of assembly area. The proposed addition does not increase the size of the congregational area itself. Conclusions of Law: 1. Whether the proposed use complies with all applicable standards of the Title 20 Zoning Ordinance; 1. The existing church structure and proposed addition either comply with all applicable standards of the RM1-35 Residential zoning district, or variances have been requested and approved by the Missoula City Board of Adjustment. 2. No additional parking is required onsite as a result of the proposed addition. 3. Compliance with all applicable sections of the Title 20 Zoning Ordinance will be confirmed prior to building permit approval. 2. Whether the proposed use is in the interest of public convenience and will not have a significant adverse impact on the general welfare of the neighborhood or community; 1. The 1998 Plan suggests continued development of cultural services within the Urban Growth Area. The existing church and proposed addition further this goal and provide convenient access to a culturally significant resource. 2. The “Religious Assembly” use is established in the neighborhood by virtue of the historical presence of the church and its former status as a Permitted Use under the Title 19 Zoning Code. The church has operated in some form on the subject property for over 80 years. 3. The “Religious Assembly” use has not adversely impacted, nor is it anticipated to adversely impact, the general welfare of the neighborhood or community. 3. Whether the proposed use is compatible with the character of the surrounding area in terms of site planning, building scale and project design; 1. The subject property is surrounded by parcels with similar or identical parcel and building standards. The appearance of the existing church and proposed addition will therefore be similar to surrounding structures in terms of site planning, building scale, and project design. 2. The existing church structure and proposed addition either comply with all applicable standards of the RM1-35 Residential zoning district, or variances have been requested and approved by the Missoula City Board of Adjustment. 4. Whether the proposed use has operating characteristics that are compatible with the surrounding area in terms of hours of operation, outdoor lighting, noise, and traffic generation; and 1. The proposed addition will be used as a gathering area to support the primary church ---PAGE BREAK--- 7 use, as well as a meeting space for local groups potentially unaffiliated with the church. 2. The proposed use will operate on a daily schedule similar to the residential, commercial, religious assembly, and school uses surrounding the subject property. Use and occupancy of the subject property will likely be concentrated in the evenings and on weekends. 3. The outdoor lighting and noise characteristics of the proposed use are compatible with the surrounding area. The light and noise resulting from the proposed use are on a residential scale. 4. Parking, access, and surrounding road infrastructure are adequately sized and designed to manage the traffic generated by the proposed use. 5. Whether the proposed use will not have a significant adverse impact on traffic safety or comfort, including all modes of transport (non-motorized and motorized). 1. The proposed use will not have a significant adverse impact on traffic safety or comfort, regardless of the mode of transportation. The existing motorized and non-motorized transportation infrastructure through and around the subject property is adequately sized and designed to manage the anticipated loading. V. AGENCY COMMENT MUTD: “Mountain Line is in support of this project and has no concerns.” (Stephanie Lawson Millar, Transit Planner) BUILDING DEPARTMENT: “Building department comment - obtain the required building department permits.” (Don Verrue, Building Inspector) CITY ENGINEERING: No comment received prior to issuance of staff report. HEALTH DEPARTMENT – WATER QUALITY DIVISION: No comment received prior to issuance of staff report. HEALTH DEPARTMENT – “The Air Division at the Missoula City-County Health AIR QUALITY DIVISION: Department has no concerns with the proposed conditional use request from St. Paul’s Lutheran Church.” (Ben Schmidt, Air Quality Specialist) HEALTH DEPARTMENT: “This office has no concerns regarding this request.” (Tom Barger, Environmental Health Specialist) BICYCLE PEDESTRIAN “Thanks for the opportunity to comment. I have no comments COORDINATOR: regarding the proposed improvements." (Phil Smith) OPG TRANSPORTATION “No comments from me. It doesn’t appear that they’re DIVISION: triggering any need for additional parking or creating additional street parking pressure.” (Ann Cundy, Senior Transportation Planner) POLICE DEPARTMENT: No comment received prior to issuance of staff report. ---PAGE BREAK--- 8 PARKS & RECREATION: “We do not have any park or trail concerns with this project request.” (Jackie Corday, Open Space Program Manager) FIRE DEPARTMENT: “Missoula Fire Department fully supports this project, and the installation of fire sprinklers throughout.” (Bob Rajala, Fire Marshal) HISTORIC PRESERVATION: No comment received prior to issuance of staff report. OPG PERMITS DIVISION: “St Paul Lutheran Church went to City Board of Adjustment on March 24, 2010 and received three variances. The variances include: 1) To vary 5 feet from the required 20 foot front yard setback off of Brooks Street for a new addition; 2) To vary 3 feet 9 inches from the required 5 foot side yard setback, and; 3) To allow a canopy to encroach 8 feet further into a required 20 foot setback off of Brooks Street. Based on the BOA's approval, the proposal complies with zoning.” (Hilary Schoendorf, Planner) URBAN INITIATIVES: No comment received prior to issuance of staff report. CITY ATTORNEY: No comment received prior to issuance of staff report. VI. ATTACHMENTS A. Applicant’s Submittal Packet B. Title 20, Section 20.85.070(I) Conditional Use “Factors to be Considered”