a.
City Zoning Commission
- Meeting Date:
- 03/05/2019
- SUBJECT
- Special Review 974 - 3940 Rimrock Road
- THROUGH:
- Monica Plecker
- PRESENTED BY:
- Karen Husman
Information
REQUEST
Special Review 974 - 3940 Rimrock Road - This is a special review request to allow the expansion and reconfiguration of an existing senior living facility by more than 10% of gross floor area. A special review is required by Section 27-613.c (BMCC) of the zoning regulations. The construction will be renovating and reconfiguring an existing wing from 15,072 square feet of gross floor area (GFA), to 30,700 square feet GFA, and from 37 existing dwelling units to 56 dwelling units in Wing 2 of the St John's Lutheran Ministries Nursing Home complex at 3940 Rimrock Road. The property is legally described as Tract A4 of C/S 369, 5th Amendment, a 9.078 acre parcel of land. Presented by: Karen Husman, Planner 1.
RECOMMENDATION
The Planning Division is recommending conditional approval.
APPLICATION DATA
OWNER: Lutheran Retirement Home, Inc.
LEGAL DESCRIPTION: Tract A-4, C/S 369, 5th Amendment
ADDRESS: 3940 Rimrock Road
CURRENT ZONING: R-96/North Shiloh Corridor Overlay District
EXISTING LAND USE: Senior Living Facility
PROPOSED USE: Senior Living Facility
SIZE OF PARCEL: 9.078 acres
LEGAL DESCRIPTION: Tract A-4, C/S 369, 5th Amendment
ADDRESS: 3940 Rimrock Road
CURRENT ZONING: R-96/North Shiloh Corridor Overlay District
EXISTING LAND USE: Senior Living Facility
PROPOSED USE: Senior Living Facility
SIZE OF PARCEL: 9.078 acres
CONCURRENT APPLICATIONS
None
APPLICABLE ZONING HISTORY
| SIMILAR APPLICATIONS | Special Review # | DATE | FOR | APPROVED (Y/N) | ADDITIONAL DATA |
| 3940 Rimrock Rd | SE #9 | 11/8/1974 | Expand Sr. Facility | Y | Tract B |
| 3940 Rimrock Rd | # 558 | 8/14/95 | Expand Sr. Facility | Y | Tract B |
| 3940 Rimrock Rd | #647 | 12/14/98 | Add Daycare Cntr | Y | |
| 3940 Rimrock Rd | #764 | 7/26/04 | Nursing home | Y | Tract A-2 |
SURROUNDING LAND USE & ZONING
NORTH: Zoning: R-96
Land Use: Residential
SOUTH: Zoning: R-96
Land Use: Residential
EAST: Zoning: R-96
Land Use: Residential
WEST: Zoning: R-96
Land Use: Residential
Land Use: Residential
SOUTH: Zoning: R-96
Land Use: Residential
EAST: Zoning: R-96
Land Use: Residential
WEST: Zoning: R-96
Land Use: Residential
BACKGROUND
This is a special review request to allow expansion and reconfiguration of an existing senior living facility by more than 10% of gross floor area (Section 27-613.c BMCC). The construction will be renovating and reconfiguring an existing wing from 15,072 square feet of gross floor area, to 30,700 square feet of gross floor area, and from 37 existing dwelling units to 56 dwelling units in Wing 2 of the St John's Lutheran Ministries Nursing Home.
The Planning Division has reviewed this application and is recommending conditional approval. Before a recommendation of approval or conditional approval can be made, each special review request must demonstrate conformance with three primary criteria:
This application conforms to the first criteria in so far the zoning regulations adopted by the City Council have designated all residential zoning districts can have senior living facilities on them as long as they go through the special review process. There are requirements for landscaping and screening from residential uses next to commercial uses within the zoning regulations.
The application meets criteria from the second requirement, as it is consistent with the objectives of the City of Billings Growth Policy:
Strong Neighborhoods: Neighborhoods that are safe and attractive and provide essential services are much desired. Infill development and development near existing City infrastructure may be the most cost effective.
The application also meets the third criteria in that it is compatible with surrounding land uses in the area. The renovation of the facility will create additional housing for its senior residents in a neighborhood setting. Since the underlying facility already exists, there will be no need to extend municipal services. City Engineering Division has been working with the agent on the project to ensure all needed utility and access services can be met. There are minimal impacts from the proposed location that need to be mitigated. The conditions recommended with the special review should mitigate impacts on the site and the surrounding properties.
The Planning Division has reviewed this application and is recommending conditional approval. 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 Zoning Regulations,
2) The application is consistent with the objectives and purposes of the Zoning Regulations and the Growth Policy, and
3) the application is compatible with surrounding land uses and is otherwise screened and separated from adjacent land to minimize adverse impacts.
2) The application is consistent with the objectives and purposes of the Zoning Regulations and the Growth Policy, and
3) the application 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 the zoning regulations adopted by the City Council have designated all residential zoning districts can have senior living facilities on them as long as they go through the special review process. There are requirements for landscaping and screening from residential uses next to commercial uses within the zoning regulations.
The application meets criteria from the second requirement, as it is consistent with the objectives of the City of Billings Growth Policy:
Strong Neighborhoods: Neighborhoods that are safe and attractive and provide essential services are much desired. Infill development and development near existing City infrastructure may be the most cost effective.
The proposed special review will provide an additional service to those residents within the neighborhood. The new facility renovation will support this neighborhood and create an environment that is safe and attractive.
Home Base:
Essential Investments: Neighborhoods that are safe and attractive and provide essential services are much desired.
- A mix of housing types that meet the needs of a diverse population is important.
The proposed special review will provide additional housing options for senior citizens in Billings in an environment that provides services for seniors while also provide some independence and flexibility in living arrangements.
- Common to all types of housing choices is the desire to live in surroundings that are affordable, healthy and safe.
The proposed special review will provide for additional housing options in an area that already has a mix of housing types in a stable neighborhood in Billings.
Existing infrastructure and service investments are leveraged, thereby improving community fabric and making strong neighborhoods.
The application also meets the third criteria in that it is compatible with surrounding land uses in the area. The renovation of the facility will create additional housing for its senior residents in a neighborhood setting. Since the underlying facility already exists, there will be no need to extend municipal services. City Engineering Division has been working with the agent on the project to ensure all needed utility and access services can be met. There are minimal impacts from the proposed location that need to be mitigated. The conditions recommended with the special review should mitigate impacts on the site and the surrounding properties.
SUMMARY
Zoning Commission Action
The City Zoning Commission shall make a recommendation to the City Council to:
1. Deny the application for a special review use.
2. Grant the application for a special review use.
3. Conditionally grant the application for a special review use.
4. Delay action on the application for a period not to exceed thirty (30) days.
5. Give reasons for the recommendation.
Before approving a special review use, the Zoning Commission shall find that the contemplated use:
1. Complies with all requirements of this Article (27-1500);
2. Is consistent with the objectives and purposes of Chapter 27 and the Comprehensive Plan;
3. Is compatible with surrounding land uses or is otherwise screened and separated from adjacent land in such a way as to minimize adverse effects.
Further the Zoning Commission shall consider and may impose modifications or conditions concerning, but not limited to the following:
1. Street and road capacity;
2. Ingress and egress to adjoining streets;
3. Off-street parking;
4. Fencing, screening and landscaping;
5. Building bulk and location;
6. Usable open space;
7. Signs and lighting; and/or
8. Noise, vibration, air pollution and similar environmental influences.
The City Zoning Commission shall make a recommendation to the City Council to:
1. Deny the application for a special review use.
2. Grant the application for a special review use.
3. Conditionally grant the application for a special review use.
4. Delay action on the application for a period not to exceed thirty (30) days.
5. Give reasons for the recommendation.
Before approving a special review use, the Zoning Commission shall find that the contemplated use:
1. Complies with all requirements of this Article (27-1500);
2. Is consistent with the objectives and purposes of Chapter 27 and the Comprehensive Plan;
3. Is compatible with surrounding land uses or is otherwise screened and separated from adjacent land in such a way as to minimize adverse effects.
Further the Zoning Commission shall consider and may impose modifications or conditions concerning, but not limited to the following:
1. Street and road capacity;
2. Ingress and egress to adjoining streets;
3. Off-street parking;
4. Fencing, screening and landscaping;
5. Building bulk and location;
6. Usable open space;
7. Signs and lighting; and/or
8. Noise, vibration, air pollution and similar environmental influences.
RECOMMENDATION
The Planning Division recommends conditional approval, with the following conditions;
- The special review is limited to Tract A4 of C/S 369, 5th Amendment, a 9.078 acre parcel of land.
- The special review approval is to allow the expansion and reconfiguration of an existing senior living facility by more than 10% of gross floor area, per Section 27-613.c BMCC. The construction will be renovating and reconfiguring an existing wing from 15,072 square feet of gross floor area, to 30,700 square feet of gross floor area, and from 37 existing dwelling units to 56 dwelling units in Wing 2, generally located at 3940 Rimrock Road. No other use is intended or implied.
- The site will be developed in conformance with all applicable zoning and site development regulations, and substantial conformance to the submitted site plan.
- No construction shall take place before 7 am or after 8 pm.
- The development will preserve and maintain the landscaping as shown on the submitted site plan, and will make significant effort to preserve existing mature trees.
- The proposed development shall comply with all other limitations of Section 27-613 of the Zoning Regulations concerning special review uses and Section 27-1400 (Shiloh Corridor Overlay District), and all other City of Billings, regulations and ordinances that apply.
- 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.