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HomeMy WebLinkAboutA001 - Special Use Permit application and Council Action form dated April 23, 2025 1 ITEM #: 3 DATE: 04-23-25 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: April 18, 2025 CASE FILE NO.: SUP-002185 REQUEST: To consider a Special Use Permit to allow for a new religious institution and related site improvements (Lutheran Church of Hope) PROPERTY OWNER: Lutheran Church of Hope APPLICANT: Chris Gunnare, Lead Minister for Operations – Lutheran Church of Hope CONTACT: Erin Ollendike (Civil Design Advantage, LLC) LOCATION: 5119 Lincoln Way ZONING: “FS-RL” Floating Suburban – Residential Low Density District BACKGROUND AND PROJECT DESCRIPTION: The applicant, Chris Gunnare with Lutheran Church of Hope, is requesting approval of a Special Use Permit (SUP) to allow for a new church and related site improvements. The site is within the Floating Suburban – Residential Low Density (FS-RL) Zoning District at 5119 Lincoln Way (Attachment A, Location Map). The site is also subject to a rezoning Master Plan approved on March 25, 2025, that allows for a religious institution use subject to approval of a Special Use Permit. Lutheran Church of Hope currently meets in the Ames City Hall Auditorium, with an office and small gathering space at 3329 Lincoln Way. The proposed project includes a new church building of 26,992 square feet with two floors (ground level and basement), including sanctuary seating capacity of 728. The building also includes office and classroom space and has a small kitchen Architecturally it appears as a one- and two-story building with a proposed cross extending above the roofline to a maximum height of 70 feet. Site improvements include a new detention area, open space for outdoor use that includes maintaining and improving the pond area, and construction of parking lot with outdoor lighting. The parking lot will have approximately 386 spaces, which exceeds the minimum required by the Zoning Ordinance. The parking requirement for Places of Worship is 1 space per 4 (sanctuary) seats, which comes to 182 spaces. The parking lot design includes landscape buffering to the west and internal tree plantings. The project also includes front yard landscaping along Lincoln Way. The primary vehicular entrance to the church property will be via a new driveway along Lincoln Way. A secondary entrance will be at the end of Durant Street, which connects to the Sunset 2 Ridge neighborhood to the west. There will be a cul-de-sac turnaround on the church property to terminate Durant Street that is proposed within an easement in lieu of dedication of right of way. The applicant has also presented a concept for a future phase of development that would have a vehicular connection at the southeast corner of the property, where a frontage road connects to the intersection of Lincoln Way and Thackeray Avenue. The approved zoning Master Plan for the site allows for all three of these points of connection subject to approval by the ZBA. A traffic study was completed with the rezoning analyzing traffic levels for the proposed project with two or three points of connections. The traffic study contemplated a full buildout of 750 seat facility with three access points and a first phase 400 seat facility with two access points, the 400 seat version corresponds to the site plan included with this request. The church is responsible for improvements to Lincoln Way for striping lanes to create the new driveway consistent with findings of the traffic study as part of the first phase of improvements. The church’s property (22.2 acres) currently consists of two lots, which are in the process of being combined into one parcel. The site was part of a larger 28-acre area annexed in October 2024. The larger 28-acre tract of land (including property to the north and east of the church land) that included meadow, a manmade pond, and a house where the prior owner, Molly Neal-Wong resided was subsequently subdivided as Sunset Ridge 12th Addition to create the church properties. This house now sits on the church’s property. Ms. Neal-Wong’s has an agreement with Lutheran Church of Hope to remain in the existing house on the church property until December of 2026 while she constructs a new house on the flag lot to the northeast (see map in Attachment A). After the move to the new home, the old house will be demolished to make way for future church expansions. The church does not have an intent to use the old house for any purpose. The approved Master Plan notes this inherited use of the site with a single-family home and the allowable use of a religious institution. Typically, the Zoning Ordinance does not permit multiple principle uses on a site. Lutheran Church of Hope and Ms. Neal-Wong have an agreement that she may continue to occupy the existing house until December of 2026. After that, the church intends to demolish the house. The church has intentionally acquired a large property to allow for future expansion. Site plans (see Attachment B) show the outline of future building expansions to the east and south of the currently proposed building, along with a future, large parking lot to the east. This future parking lot will connect with the parking lot proposed in this application on the north side of the church. There will be a connection to Lincoln Way at the intersection with Thackeray Avenue as mentioned above. Future phases with site improvements for additional parking, driveways, and building expansions are not part of this approval. Although, open space improvements, such as the walkway, may occur without other planned improvements and can be authorized as meeting minor amendment criteria with staff review. Site Conditions and Surroundings: The property as it is today is mostly undeveloped. There is one house, built in the 1960s, that is intended to be demolished. The property contains a manmade pond, roughly 1.6 acres, that is surrounded by mature trees on all sides. Roughly half of the property, 11.7 acres out of 22.2, is open meadow. The rest of the land has tree coverage and yard. The applicants are proposing no substantial changes to the pond or the surrounding trees. The Master Plan shows this area as protected open space. The intent is to remove most of the other 3 trees on the property to accommodate development. The property is surrounded in almost all directions by single-family residences. The closest residential properties are to the west. Existing properties at the southwest quadrant of the site have a 35-foot separation from the proposed parking lot improvement. There is a 1.95-acre piece of land directly north of the property that was broken off from the larger piece of property late last year. This land, fronting Tabor Drive, is currently undeveloped, but is intended for single-family homes. These future home lots would be approximately 500 feet away from the planned driveway and parking area of the site. The flag lot to the northeast will contain Ms. Neal-Wong’s new home is 5.25 acres. To the south of Lincoln Way are single-family homes that primarily back up to Lincoln Way off Todd Drive and Sandburg Court. To the east there is a small amount of commercial development on a Lincoln Way frontage road. To the southeast, at Thackery, is multi-family development. Alternative Landscape Plan Request: Lutheran Church of Hope is requesting several adjustments to landscape standards to address their proposed site improvements as a first phase of the planned site development. (Attachment C). 1. Front Yard Landscaping The code requires front yard landscaping across the entirety of a property, regardless of where on the property the development occurs (Sec. 29.403(1)(A)). The frontage on Lincoln Way is over 1,067 feet. The church is proposing to only develop the west side of this property, roughly 545 feet, and has expressed a desire to plant the landscaping for the remaining frontage with the next phase of development. The applicant proposed to keep it in its current condition. They believe the as an undisturbed area is does not necessitate decorative landscaping at this time. 2. Landscape Buffering for Neighboring Residential Properties The code requires landscape buffering when adjoining a dissimilar use (church next to single-family homes) (Sec. 29.403(1)(F)). The church property extends to the north 536 feet beyond Durant Street right-of-way. The church is proposing to provide screening along the backs of the first two properties north of Durant Street, stretching 167 feet. The church is then proposing to leave the remainder of the 369 feet without a buffer, along with 705 feet along the property that faces Tabor Drive to the north and 1,358 feet along the east/northeast property lines (bordering Lot 1 of the Sunset Ridge, 12th Addition Final Plat). Due to the distance and intervening features the applicant believes buffering is not needed. PUBLIC NOTICING: Notification was mailed to all owners of property within 200 feet. A notice of public hearing was placed on the property and published in the newspaper. Previously the general neighborhood within 200 feet of the site has been noticed for the platting of the site and its rezoning. The applicant also held a neighborhood meeting in February. Public input to the Planning and Zoning Commission and City Council for the platting and rezoning focused on the compatibility of the site design, natural conditions of the site, and traffic management. With those phases of review, a precise site plan as is proposed with the Special Use Permit was not yet available for review. 4 APPLICABLE LAW: Chapter 29, Section 29.1202(4) of the Ames Municipal Code contains Table 29.1202(4)-1, which lists allowable uses for FS-RL as follows: Use Category Status Approval Required Approval Authority ……. Institutional Uses Colleges & Universities Y SP ZBA Child Day Care Facilities Y SP ZBA Community Facilities Y SP ZBA Medical Centers N -- -- Religious Institutions Y SP ZBA Schools Y SP ZBA Social Service Providers N -- -- ……. SP = Special Use Permit Note a rezoning Master Plan also applies to the site and allows for a Religious Institution use, subject to a Special Use Permit. Sec. 29.403(1). Non-Residential Landscaping Standards (J) Alternative Design Approvals (1) Major Site Development Plan and Special Use Permits. A landscape plan prepared by a licensed Landscape Architect with alternative design and plantings may be approved under the requirements of a major site development plan after review and approval by the City Council when found to address the purposes of the ordinance and provides for a unique or high-quality landscape environment that exceeds the quality of the base standards. (2) A use subject to approval of a Special Use Permit may include a landscape plan prepared by a licensed Landscape Architect with alternative design and plantings for review and approval by the Zoning Board of Adjustment when the proposed plan is found to address the purposes of the ordinance and provides for a unique or high quality landscape environment that exceeds the quality of the base standards. Sec. 29.403(3). General Requirements All Sites. ….. (F) High Screen Dissimilar Use Transition and Parking Screen. The high screen landscape standard provides physical and visual separation between uses and improvements. (1) Required Landscape Elements. High shrubs shall be installed at a maximum distance of 6 feet on center to form a dense screen with a minimum mature height of 6 feet. In addition, one Landscape Tree is required per 50 lineal feet of landscaped area. Ground cover plants must fully cover the remainder of the landscaped area. The high shrubs must be at least 4 feet in height at the time of installation. The minimum planter depth for a High Screen is 5 feet unless otherwise required to be greater by this ordinance. 5 Special Use Permit Criteria- Section 29.1503(5)(a), (b), and (e) of the Zoning Ordinance states the following: (5) Review Criteria. Before a Special Use Permit application can be approved, the Zoning Board of Adjustment shall establish that the following general standards, as well as the specific standards outlined in subsections (b), (c), and (d) below, where applicable, have been or shall be satisfied. The Board’s action shall be based on stated findings of fact. The conditions imposed shall be construed as limitations on the power of the Board to act. A mere finding that a use conforms to those conditions or a recitation of those conditions, unaccompanied by specific findings of fact, shall not be considered findings of fact for the purpose of complying with this Ordinance. (a) General Standards. The Zoning Board of Adjustment shall review each application for the purpose of determining that each proposed use meets the following standards, and in addition, shall find adequate evidence that each use in its proposed location will… [The specific criteria are listed in this report below.] (b) Residential Zone Standards. The Zoning Board of Adjustment shall review each application for the purpose of determining that each proposed use in a residential zone meets the following standards, as well as those set forth in Section 29.1503(4)(a) above and, in addition, shall find adequate evidence that each use in its proposed location will… [The specific criteria are listed in this report below.] (c) Commercial Standards…. (d) Special Use Permits for Functional Families…. (e) Conditions. The Board may impose such additional conditions it deems necessary for the general welfare, for the protection of individual property rights, and for ensuring that the intent and objectives of this Ordinance will be observed. FINDINGS OF FACT & CONCLUSIONS: Based upon the submitted information and site plan provided in the application, the following findings of fact and conclusions may be made regarding the standards of approval. Special Use Permit – General Standards. (i) Be harmonious with and in accordance with the general principles and proposals of the Comprehensive Plan of the City. Findings of Fact: Ames Plan 2040 designates the church property and most of the properties surrounding it as residential. Development of the area is contemplated within the land use designation of the site. The church property, and all of Molly Neal-Wong’s larger, former parcel, are designated RN-3: Expansion. Sunset Ridge, the neighborhood to the west and north of the church land, is also RN:3. The neighborhoods to the east of the former Neal-Wong parcel along with the neighborhood south of Lincoln Way are RN- 2: Established Residential Neighborhood. The commercial land along Lincoln Way to the east of the church is designated Urban Corridor (UC) and zoned Highway Oriented Commercial. Although RN-3 is intended to be primarily suburban residential, the zoning does allow for religious institutions through a Special Use Permit. Development guidelines acknowledge potential suitability of places of worship. The proposed site is suburban in nature, is located along an arterial street for more intense uses, includes neighborhood connections with the neighboring development, as per the goals of RN-3. 6 Conclusions: Therefore, it can be concluded that the use meets General Standard (i) for a Special Use Permit. (ii) Be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and that such a use will not change the essential character of the area in which it is proposed. Findings of Fact: The character is primarily residential in the vicinity of the site with some higher intensity use to the east. The proposed use consists of a variety of activities throughout the week for gatherings, studies, events, and worship. The highest intensity of use is expected on Sunday mornings. While the proposed property will not contain single-family residential development, the design of the church property is in keeping with its surroundings with its proposed site size, landscaping, separation of the use, and direct driveway access to Lincoln Way. The property also fronts on Lincoln Way, the main east-west artery through Ames, and is an ideal location for a large church with easy car access. There are a few small commercial properties to the east along Lincoln Way. The use of the property as a church should not have a detrimental effect on the surrounding residential uses due to the proposed site improvements, including lighting controls and buffering of the parking area from the nearest single-family homes. Conclusions: Therefore, it can be concluded that the use meets General Standard (ii) for a Special Use Permit. (iii) Not be hazardous or disturbing to existing or future uses in the same general vicinity. Findings of Fact: The use of the property as a church will not involve the keeping of hazardous materials on site. The kitchen will be a “warming” kitchen and will not be used as a full commercial facility. The property will primarily see increased traffic at specific times beyond what is ordinary for the neighborhood. Lincoln Way is an arterial street with a low accident history in this area and an estimated average daily trip volume of 7,300 vehicles. Lincoln Way also includes an existing shard use path along the site’s frontage. The highest level of activity is anticipated as Sunday morning with a trip generation rate of 190 vehicles during the peak hour of activity for a first phase of development base upon on 400 person capacity. Distribution of traffic assumes approximately 90% utilize Lincoln Way for access. Traffic increases at ultimate buildout with a 750 person capacity. The traffic study identified improvements for striping and Lincoln Way to property manage turning traffic into the site. The striping is a requirement of the first phase of development. Additional traffic on Durant and Hartford was not considered significant with the first phase evaluation. The study assumes that with future increases in traffic that the second LW access point at Thackery will be required to balance traffic distribution. 7 The primary increase in traffic will be on Sunday mornings, with additional Christian holidays such as Good Friday, Ash Wednesday, and Christmas Eve seeing a rise in activity. The Sunday morning services, falling on a weekend, should not create any congestion. Commuting traffic in the morning and evening is unlikely to be affected with the proposed striping to create protected left turns into the site mitigate safety concerns. Conclusions: Therefore, it can be concluded that the use meets General Standard (iii) for a Special Use Permit. (iv) Be served adequately by essential public facilities and services such as highways, streets, police, fire protection, drainage structures, refuse disposal, water and sewage facilities, and/or schools. Findings of Fact: The site is served by Lincoln Way, the primary east-west artery through Ames. The property is served by all utilities and emergency response services. The development of the site is conditioned with the final plat approval upon extending a water main east to west to the site. This water main creates necessary water infrastructure looping for redundancy while also serving the facility. The extension is the cost of the applicant. Staff does not anticipate any impact on any local utility, emergency response service, or school. Conclusions: Therefore, it can be concluded that the use meets General Standard (iv) for a Special Use Permit. (v) Not create excessive additional requirements at public cost for public facilities or services. Findings of Fact: There are no identified additional public resources associated with the request. There will be no additional public costs for public facilities or services to accommodate the future ecclesiastic use. Conclusions: Therefore, it can be concluded that the use meets General Standard (v) for a Special Use Permit. (vi) Not involve uses, activities, processes, materials, and equipment or conditions of operation that will be detrimental to any person, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. Findings of Fact: The primary operational conditions are use of the site on a weekly basis. The site design is separated from the nearest residential use with a 35-foot buffer for purpose of mitigating lighting and noise of a parking lot. Buffer and front yard landscaping are also design to address these issues. The use will operate throughout the week for various activities with the highest use analyzed for Sunday mornings. As referenced above a traffic study was completed for two phases of buildout and use, 400 seats and 750 seats. Generally, 90+% of the traffic was projected to utilize Lincoln Way, 6% assigned to Durant as the secondary access point. This equates to a peak hour of use of 15-25 cars at Durant when considering both 8 phases. Although Durant connecting to Hartford are local streets, this level of traffic is well within design capacity of a two-way local street. While this traffic may be noticeable compared to existing conditions of a dead end street, the change is not expected to be detrimental with the use of the street as a secondary entrance. Pedestrian and bicycle safety was also considered with the traffic study. The connections of sidewalks to Durant and the existing shared use path were determined to be property design and safe with the new driveway connections. Conclusions: Therefore, it can be concluded that the use meets General Standard (vi) for a Special Use Permit. (vii) Be consistent with the intent and purpose of the Zone in which it is proposed to locate such use. Findings of Fact: The Zoning Ordinance allows for religious uses in FS-RL through the Special Use Permit process. This requirement provides an extra level of scrutiny to ensure compatibility with the surrounding neighborhood. Staff do not anticipate that the proposed changes will be detrimental to the neighboring areas due to compatible site design. Conclusions: Therefore, it can be concluded that the use meets General Standard (vii) for a Special Use Permit. Special Use Permit – Residential Zone Standards. (i) Not create excessively higher levels of traffic than the predominant pattern in the area and not create additional traffic from the proposed use that would change the street classification and such traffic shall not lower the level of service at area intersections. Findings of Fact: While traffic will be generated by the church on Sunday mornings, the overwhelming majority of this traffic will access the site from Lincoln Way, the primary east-west corridor in Ames. There will be little spillover traffic in the surrounding neighborhoods. Traffic will likely spike temporarily before and after a church service. See explanation of traffic volumes under General Standards III and VI. Conclusions: Therefore, it can be concluded that the use meets Residential Standard (i) for a Special Use Permit. (ii) Not create a noticeably different travel pattern than the predominant pattern in the area. Special attention must be shown to deliveries or service trips in a residential zone that are different than the normal to and from work travel pattern in the residential area. Findings of Fact: While there will be more traffic generated on Sunday mornings, the daily commuting traffic pattern should remain unchanged. A traffic study concluded that the majority of the vehicles will arrive at the site from Lincoln Way and will not go through the residential neighborhoods. Conclusions: Therefore, it can be concluded that the use meets Residential Standard (ii) for a Special Use Permit. 9 (iii) Not generate truck trips by trucks over 26,000 pounds g.v.w (gross vehicular weight) to and from site except for food delivery vehicles, waste collection vehicles and moving vans. Findings of Fact: Except for construction vehicles, the proposed changes should not alter truck trips to and from the church. It is anticipated that, once construction is complete, there will be few if any large trucks traveling to the site, outside of waste collection. Conclusions: Therefore, it can be concluded that the use meets Residential Standard (iii) for a Special Use Permit. (iv) Not have noticeably different and disruptive hours of operation. Findings of Fact: The facility will operate daily throughout the week with activities throughout the day and into the evening. The primary hours of operation will be on Sunday morning. The site design includes features to buffer the site and promote Lincoln Way as the primary entrance to minimize disruptions to the surrounding area. It is not anticipated that this will cause a disturbance or disruption to this part of Ames. Conclusions: Therefore, it can be concluded that the use meets Residential Standard (iv) for a Special Use Permit. (v) Be sufficiently desirable for the entire community that the loss of residential land is justifiable in relation to the benefit. Findings of Fact: While Ames Plan 2040 does call for this land to be used for suburban residential (RN-3), this land has never been developed. No land that is currently being used for residential purposes will be lost. Providing for places of worship is a component of the RN-3 designation as well. Lutheran Church of Hope has been in Ames for years and currently meets in the Auditorium of Ames City Hall. It currently has a weekly attendance of approximately 200. The church is seeking to construct a permanent home, which will enable it to expand programming and facilitate the logistics of regular church activities. Conclusions: Therefore, it can be concluded that the use meets Residential Standard (v) for a Special Use Permit. (vi) Be compatible in terms of structure placement, height, orientation, or scale with the predominate building pattern in the area. Findings of Fact: While the church building will be larger than any of the nearby single- family homes, the building will be set back a considerable distance from the nearest property lines. The building is over 350 feet from the residential properties to the west, and over 300 feet from the residential properties across Lincoln Way. The building will be too far away from a property line in any direction to cast a shadow or loom over a nearby house. 10 The church will be 31-and-a-half feet above ground, sloping down on the north side to create a walkout basement. The height of the church as seen from the street will not be measurably taller than the two-story houses nearby. The church will have a 70-foot-tall cross at the southwest corner of the building; the arms of the cross will be 7 feet wide. Sec. 29.401(4) allows for architectural elements such as steeples, spires, cupolas, clock towers, and similar features with a footprint of less than 200 square feet to extend above the maximum building height by the greater of either one and one-half times the maximum allowable height or a total of 75 feet. The maximum height is 40 feet, for a 60-foot height limit, which is exceeded by the 75-foot allowance. The church would like for the cross to be lit internally with light sources of less than 1800 lumens. (This level of light intensity is called out specifically in the Outdoor Lighting Code (Sec. 29.413) as a threshold for regulation.) Staff feel, however, that lighting a cross this tall regardless of the strength of the light is not in keeping with the residential character of the surroundings. The maximum height of the neighborhood is 40 feet, and no other nearby structures or buildings have lighted architectural features this prominent. Staff recommends a restriction with approval prohibiting this lighting of a feature that exceeds the roofline of the building. Conclusions: With the limitation on lighting, it can be concluded that the use meets Residential Standard (vi) for a Special Use Permit. (vii) Be located on the lot with a greater setback or with landscape buffering to minimize the impact of the use on adjacent property. Findings of Fact: The church site will have a buffer between the single-family homes to the west, which front Hartford Drive, and the parking lot. The landscaping buffer will have both shrubs and overstory trees. The buffer is at least 30 feet deep for the length of the parking lot, and in excess of 36 feet for much of the distance. The church is requesting an exception to the requirement to install a bufferyard (for both shrubs and trees) for the north 369 feet of the west property line, the north property line (adjoining Outlot XX), and the property lines adjoining Lot 1 of Sunset Ridge, 12th Addition. The northwest part of the property, north of the Durant Street right-of-way, will have a grassy, dry detention basin that will remain undeveloped with either parking lots or buildings. The northeastern part of the property contains a manmade pond that has existed for decades and is surrounded by mature trees. The remainder of the joint property line with Lot 1 of Sunset Ridge, 12th Addition is adjacent to the future phases of the church’s development. Lot 1 of Sunset Ridge, 12th Addition is intended to be the future home of Ms. Neal-Wong and will be used for a single-family residence, triggering a requirement for buffering. The property to the north of the church, Outlot XX of Sunset Ridge, 12th Addition, is intended to be subdivided as single-family homes to complement the other residences on Tabor Drive. This residential use would also trigger buffering. Staff do not oppose waiving the requirement for the bufferyard for the north 369 feet of the west property line, the north property line, and the north 380 feet of the northeast property line east of the pond. As the remainder of the property line surrounds what will be a future phase, staff feel that this bufferyard should be addressed with future phases, which will require additional Special Use Permits. 11 The Landscaping Ordinance requires a High Screen between dissimilar uses, which can be met with landscaping, which the church has opted to install, or a fence. Per code, the required shrubs are to be a maximum distance of 6 feet apart (measured on center) to form a dense screen. The shrubs must also be a minimum of 4 feet high at the time of planting and must grow to at least 6 feet when mature. The proposed landscaping next to the parking lot meets this standard. The screening requirement also calls for one tree per 50 lineal feet of landscaped area, which the church will have. The church building is setback over 350 feet from the west property line, approximately 160 feet from the front property line, and over 300 feet from the rear property lines of the homes on the south side of Lincoln Way. Conclusions: With the granting of the request for the exception to the bufferyard, it can be concluded that the use meets Residential Standard (vii) for a Special Use Permit. (viii) Be consistent with all other applicable standards in the zone. Findings of Fact: The FS-RL zoning district is designed for single-family residential property. There are no setbacks or design standards specific to churches in the Zoning Ordinance than differ from other structures. Conclusions: Therefore, it can be concluded that the use meets Residential Standard (viii) for a Special Use Permit. ALTERNATIVES: 1. The Zoning Board of Adjustment may approve the Special Use Permit for a new religious institution and related site improvements within the Floating Suburban – Residential Low Density Zoning District (FS-RL), located at 5119 Lincoln Way, based on the findings of fact and conclusions stated herein, as detailed on the submitted Site Plan, with the following conditions and stipulations (illustrated in Attachment D): a.) Front Yard: That the remainder of the required front yard landscaping, approximately 545 feet, be deferred until future phases of development. b.) Bufferyard: i. That the bufferyards in the northwest corner (369 feet), north property line (705 feet), and east of the pond (380 feet) be exempt from the bufferyard requirements. ii. That the remaining bufferyard adjoining Lot 1, Sunset Ridge, 12th Addition be deferred for consideration until future phases of development. c.) Existing House: That the existing house be demolished within 12 months after it is vacated in December 2026. d.) Lighting: That the 70-foot tall cross on top of the church not be lit. e.) Provide easements to the Public Works Department for the turn around extension of Durant and utility extensions prior to occupancy of the building. f.) Final approval by Public Works of striping plan for Lincoln Way and installation of striping by the applicant prior to occupancy of the building. g.) Obtain final approval of plat of survey and complete recording of plat of survey prior to occupancy. 12 2. The Zoning Board of Adjustment may approve the Special Use Permit for a new religious institution and related site improvements within the Floating Suburban – Residential Low Density Zoning District (FS-RL), located at 5119 Lincoln Way, based on the findings of fact and conclusions stated herein, as detailed on the submitted Site Plan, with conditions or different stipulations from Alternative #1. 3. The Zoning Board of Adjustment may deny the Special Use Permit for a new religious institution and related site improvements within the Floating Suburban – Residential Low Density Zoning District (FS-RL), located at 5119 Lincoln Way if the Board finds and concludes that the proposed Special Use Permit is not consistent with adopted policies and regulations, or that the development will impose impacts that cannot be reasonably mitigated. 4. The Zoning Board of Adjustment may continue this request to a future meeting of the ZBA to allow the applicant to provide additional information. PLANNING AND HOUSING DEPARTMENT RECOMMENDED ACTION: Staff conclude that the proposed Special Use Permit to allow for a new religious institution and related site improvements within the Floating Suburban – Residential Low Density Zoning District at 5119 Lincoln Way is consistent with the general and residential standards for granting a Special Use Permit based upon details of the site plan, described use, context of surroundings, and stipulations. Staff supports the stipulations and conditions in Alternative #1 related to the use of the site and its design. It is within reason that the front yard landscaping and bufferyard surrounding the future phases be deferred until such time as the church is enlarged and the additional parking lot constructed. Staff believes is in agreement with exempting the area highlighted in purple in Attachment D from the bufferyard requirement, as the homes that back up the church property are far from the parking lot and building. The area on the church property that would have received buffering is to be occupied by a grassy, dry detention basin and an existing manmade pond, the latter of which is surrounded on all sides by mature trees. While grading of the detention basin will be an alteration from present conditions, the area will be going from a grassy meadow to a grassy detention basin. The area around the pond is to remain principally as it is. Staff find it reasonable to allow the existing house to continue in its present use until the end of 2026, after which it should be demolished. The limitation on lighting of the cross relates to its height and location adjacent to residential uses. Therefore, based upon the Findings of Fact and Conclusions above, it is the recommendation of the Department of Planning and Housing that the Zoning Board of Adjustment act in accordance with Alternative #1, including the stipulations stated therein. 13 Attachment A Location & Zoning Map 14 15 16 17 Attachment B Site Plan & Building Plans Overall Site Plan 18 Si t e P l a n - No r t h 19 Si t e P l a n - So u t h 20 Landscaping Plan 21 Landscaping Plan – Close Up 22 Ground Level Floor Plan 23 Basement Level Floor Plan 24 South Elevation West Elevation 25 East Elevation North Elevation 26 Approach from Lincoln Way Church from Lincoln Way (South) 27 Church from Lincoln Way (Southeast) - Nighttime 28 Attachment C Letter Regarding Requested Alternatives/Exceptions 29 Attachment D Exceptions/Alternatives Map Purple: Bufferyard exception with this SUP Red: Bufferyard to be considered with future development Blue: Front yard to be considered with future development Green: House to remain on the property and in use until December 2026