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b.
City Zoning Commission
Meeting Date:
05/05/2015
SUBJECT
Special Review 926 - 2911 Rim Point Dr - LDS Meetinghouse
THROUGH:
Candi Millar
PRESENTED BY:
Nicole Cromwell

Information

REQUEST

Item #2:  City Special Review #926 – A special review request to allow a new LDS Meeting House (place of worship) of 16,558 square feet and a future addition of 2,510 square feet, and a 171-stall parking area with landscaping in a Residential 9,600 (R-96) zone on Lots 28 through 37, Block 2 of Rim Point Subdivision, a 4.25 acre parcel of land.

RECOMMENDATION

The Planning Division is recommending conditional approval and adoption of the findings of the 3 criteria for Special Review 926.

APPLICATION DATA

OWNER: Corporation of the Presiding Bishop of the Church of Jesus Christ LDS  
AGENT: NBW Architects, P.A. Scott Nielson  
LEGAL DESCRIPTION: Lots 28 through 37, Block 2 of Rim Point Subdivision  
ADDRESS: 2911 Rim Point Drive  
CURRENT ZONING: R-96  
EXISTING LAND USE: Vacant  
PROPOSED USE: LDS Meetinghouse  
SIZE OF PARCEL: 4.25 acres  

CONCURRENT APPLICATIONS

None.

APPLICABLE ZONING HISTORY

The City Council conditionally approved Special Review 607 on October 27, 1997 for the LDS Temple located north and west at 3100 Rim Point Drive. This property was originally a part of Lillis Heights Subdivision and re-platted as part of the LDS Temple development. Several other special review applications for new or expanded churches and places of worship have been approved by the City Council since 1997 including major additions to Faith Chapel, Lutheran Church of the Good Shepherd, Apostles Lutheran Church, Emmanuel Baptist Church and Faith Evangelical Church, all located in West Billings.
This property has been zoned Residential 9,600 (R-96) since its annexation to the City in 1997. All of the above named churches are also in residential zoning districts.  

SURROUNDING LAND USE & ZONING

NORTH: Zoning: R-9600
Land Use: Vacant
SOUTH: Zoning: R-9600
Land Use: Single Family Residential
EAST: Zoning: R-9600
Land Use: Single Family Residential
WEST: Zoning: R-9600
Land Use: Vacant and LDS Temple grounds

BACKGROUND

The Church of Jesus Christ LDS is in need of additional meetinghouse space to accommodate a growing church membership. The meetinghouse is meant to accommodate the everyday worship activities and will be similar in size and construction style as other meetinghouse sites in Billings (912 Wicks Lane, 2929 Belvedere, 3595 Monad Road, 1640 Broadmoor and 1711 6th Street West). The proposed building will be located on approximately 4.25 acres east of Rim Point Drive. The current lots are platted for single family homes with cul-de-sacs. The property will need to submit an amended subdivision to vacate the streets and to remove the existing public utilities in those rights of way.

The proposed meetinghouse is a 16,558 square foot building with a future addition of 2,510 square feet. The building will be a single story structure with a maximum building height of approximately 28 feet. The church spire will be approximately 64 feet above finished grade. There is also a small 190 square foot storage shed on the east end of the parking lot next to the dumpster enclosure. The building will not have a basement area. The site shows two drive approaches from Rim Point Drive - one on the north end and one on the south end of the property. The two driveways allow access to the proposed 171-space parking lot on the east end of the property. This appears to meet the site development code for off-street parking. The site slopes from north to south and there are two proposed retaining walls to accommodate the adjacent slopes. There are utility easements along both the north and south property lines and the retaining walls will run along these utility easements. The easements will be left open so private utility companies may access these areas at any time. A master landscaping plan shows a perimeter 6 foot vinyl privacy fence along the south, east and north property lines. The west property line will be open to Rim Point Drive. No freestanding sign is proposed - the building will have 1 un-lit stone engraved sign. The building is proposed as wood construction with a brick exterior. There is no building lighting. The proposed lighting is for the parking and sidewalk areas. Four mechanical pads for air handling units are shown on the site plan - two north of the building and two south of the building. 

The applicants states in the cover letter that a traffic study has been prepared for the project but not yet submitted to the City Traffic Engineer for review. There may be additional traffic at the Rimrock Road and Rim Point Drive intersection. This section of Rimrock Road carries approximately 7,200 vehicles per day. At this intersection Rimrock Road has two travel lanes, a center turn lane, and two, 5-foot shoulders against the curbing. Homes on the north side of Rimrock Road have a frontage road to use for access to their property. The traffic study will be submitted for review and approval by the City. 

The Planning Division has reviewed this application with other city departments and is recommending conditional approval based on the findings of the 3 criteria. Before a recommendation of approval or conditional approval can be made, each special review request must demonstrate conformance with three primary criteria: 1) the application complies with all parts of the Unified Zoning Regulations, 2) the application is consistent with the objectives and purposes of the Unified Zoning Regulations, the 2008 Growth Policy including any neighborhood plans, and 3) is compatible with surrounding land uses and is otherwise screened and separated from adjacent land to minimize adverse impacts.

This application conforms to the first criteria in so far that it is in a zoning district, R-96, where churches and places of worship are allowed by special review approval. The City has conditionally approved similar churches and places of worship in West Billings in the past 10 years as the population in this area has increased. The form of the application is correct and the submitted site plan appears to be in conformance with site development and zoning regulations for the R-96 zoning district. The proposal is consistent with goals of the 2008 Growth Policy, and the West Billings Neighborhood Plan – specifically the goal of encouraging uses that are compatible with the character of the adjacent land use patterns. This site is adjacent to low density residential development and the existing LDS Temple. There are some impacts from the proposed location that need to be mitigated by conditions of approval specifically concerning the parking area and the mechanical units. Other recommended conditions are standard conditions applicable to all special review approvals.

The Planning Division recommends approval, subject to the following conditions:
1. The special review approval is for the construction of an LDS Meetinghouse of 16,558 square feet with a future addition of 2,510 square feet and a 171-space parking lot.
2. The approval is limited to Lots 28 through 37, Block 2 of Rim Point Subdivision, generally at 2911 Rim Point Drive. 
3. Increases in the size of the meetinghouse including its future addition or the number of off-street parking spaces greater than 10% of the numbers shown on the site plan will require additional special review approval.
4. The site will be developed in substantial conformance with the submitted site plan submitted 3-24-15. Minor modifications to the site plan are acceptable.
5. The applicant will provide a screening wall around each mechanical pad as shown on the site plan to reduce noise and provide continuity with the adjacent building. The screening wall will be compatible in color and materials to the adjacent building.
6. The applicant will provide internal parking lot landscaping for the two center north-to-south parking rows east of the building. The applicant will provide at least one landscape island break along the row of 43 parking spaces against the north property line. This break should be at or near the mid-point of this row of parking spaces.
7. There shall be no construction activity before 7 am or after 8 pm.
8. These conditions of special review approval shall run with the land described in this authorization and shall apply to all current and subsequent owners, operators, managers, lease holders, heirs and assigns.
9. The proposed development shall comply with all other limitations of Section 27-613 of the Unified Zoning Regulations concerning special review uses, and all other City of Billings, regulations and ordinances that apply.

**NOTE** Approval of this Special Review does not constitute approval of a building permit, sign permit or fence permit. Compliance with all applicable local codes will be reviewed at the building permit or zoning compliance permit level. This application is for a Special Review as noted above and no other
request is being considered with this application. The use and development of the property must be in accordance with the submitted site plan.

Attachments