This is a special review request to allow the construction of a new church, an LDS Meetinghouse, in a Residential 9,600 (R-96) zone on a 5.6 acre portion of an 89.98 acre un-platted parcel of land described as the N1/2NE1/4, SWNE1/4 in Section 31, Township 1 North, Range 25 East. A concurrent annexation of the 5.6 acre parcel has been submitted. The Zoning Commission conducted a public hearing on April 5, 2016, and is forwarding a recommendation of conditional approval.

Special Review applications are reviewed using criteria referenced in the Alternatives Analyzed section of this memo. Special Reviews do not change the zoning of a property. They are tied to specific uses that are permitted in a given zoning district but are subject to a review by the City prior to the use being allowed. Special Review requests, unlike Zone Changes, may be conditioned to mitigate potential impacts from the use on the subject property or surrounding properties.
 

City Council may:

• Approve the request
• Conditionally approve the request
• Deny the request
• Allow the applicant to withdraw the request
• Delay action on the request for up to 30 days

The Planning Division reviewed the application and recommended conditional approval to the Zoning Commission based on the findings of the 3 criteria. The Zoning Commission concurred with this recommendation. 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) the proposal 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 is 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. The property has direct access to a principal arterial street and is not directly adjacent to any existing dwellings. There is a platted but undeveloped residential subdivision to the north and the Mont Vista Subdivision to the east across 54th St West is under construction. The bulk and height of the building are mitigated by the large setbacks from property lines. The proposed landscaping around the building and parking lot will soften the appearance of the building as the plantings mature. There are some impacts from the proposed location that need to be mitigated by conditions of approval, specifically concerning the parking lot lights and the mechanical units. Other recommended conditions are standard conditions applicable to all special review approvals.

PROPOSED 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 191-space parking lot, and a future addition of an 81-space parking lot to the south.
2. The approval is limited to a 5.639-acre portion of an 89.98 acre un-platted parcel of land described as the N1/2NE1/4, SWNE1/4 in Section 31, Township 1 North, Range 25 East as shown on the submitted site plan.
3. Increases in the size of the meetinghouse and its future addition or the number of parking spaces by more than 10% of what is shown will require an additional special review.
4. The site will be developed in substantial conformance with the submitted site plan. Minor modification 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. All outdoor light fixtures shall be no taller than 15 feet from grade and have full cut-off shields so no part of the fixture or lens projects below the shielding. Entryway lights shall be recessed within the ceiling of the canopy so no part of the fixture or lens projects below the ceiling.
7. The landscaping, including the enclosures for the dumpster, satellite dish and power transformer, shall be installed as shown on the submitted site plan. The enclosures shall be constructed of similar or complementary materials as the church. No reflective building materials shall be used for the enclosures.
8. There shall be no construction activity after 8 pm or before 7 am daily.
9. 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.
10. 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.

 

The property is currently in the County and does not contribute to the City's tax base. If the property is annexed and development occurs, the City will collect fees for arterial construction, storm water management, street maintenance and other similar fees. Non-profit organizations and religious institutions are usually able to obtain an exemption from taxes, including property taxes. The development may need to contribute to off-site traffic management depending on the approved findings of the traffic accessibility analysis submitted for the City Traffic Engineer's review. Improvements to adjacent right of ways will be required at the time of building permit submission and approval. Those improvements may also be required through a Development Agreement required by the annexation.

A portion of this un-platted parcel received a zone change from the County in 1974 to change the zoning to Residential 15,000. This portion is located south and west of the subject property. The Yellowstone Meadows Subdivision to the north is in the County and zoned R-96. The first phase of the subdivision was filed in 1970, but no dwellings have been constructed. Mont Vista Subdivision to the east was granted a zone change in 2008 at the time of annexation to a Planned Development zone. Mont Vista started construction in 2014. An annexation petition for the 5.639 acres has been submitted. The intent is to have this Special Review application come before the City Council at the same meeting as the Annexation Petition.
This is a special review request to construct a new LDS meetinghouse on a 5.639-acre portion of an un-platted parcel of land west of 54th St West and south of Trail Creek Drive. The property is zoned R-9600 and churches and religious institutions are allowed by special review approval. In 2015, the LDS meetinghouse was proposed for several vacant lots in the Rim Point Subdivision north of Rimrock Road near the LDS Temple. This application was withdrawn.

The Church of Jesus Christ LDS needs additional meetinghouse space to accommodate a growing church membership. The meetinghouse is meant to accommodate everyday worship activities and will be similar in size and construction style as other meetinghouse sites in Billings (such as 912 Wicks Lane, 2929 Belvedere, 3595 Monad Road, 1640 Broadmoor and 1711 6th Street West).

The proposed meetinghouse is a 16,558 square foot building with a planned 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 west end of the parking lot next to an enclosure for a satellite dish. The dumpster enclosure and enclosure for a power transmission facility are located on the south edge of the proposed 191-stall parking lot that wraps around the church. A future 81-stall parking  lot is proposed south of the building. If the meetinghouse has a large enough congregation, it may host occasional regional meetings, requiring a larger parking lot. The site plan shows one drive approach on 54th Street West and one drive approach on Trail Creek Drive to the north. Annexation of the property will require some improvements to Trail Creek Drive. The church is sited 80 feet west of the front property line and the area between the building and the street is scheduled to be landscaped with grass and trees. Storm water control of the run off from the roof and parking area will be handled on site since no City storm water system exists in this area of West Billings. The landscaping plan shows a total of 80 trees to be disbursed throughout the site. The proposed landscaping plan includes 3.73 acres of landscaped area around the building and parking lot or approximately 66% of the total land area. No freestanding sign is proposed - the building will have one 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 landscaping plan was designed by local landscape architects so species and plant material will be appropriate for this location. The parking lot lights (8 shown) are on the interior edge of the proposed parking and are full cut-off shield fixtures.

The applicant has provided a full traffic accessibility study for the site. The study concludes the new traffic would not have a significant impact on existing traffic on 54th St West. The City Traffic Engineer, Terry Smith, has not yet approved the conclusions of the study. Any required mitigation will be determined by Mr. Smith including but not limited to contributions to future traffic management at 54th St West and Rimrock and 54th St West and Grand Avenue, and street frontage improvements on 54th St West and Trail Creek Drive.
 

The Zoning Commission conducted a public hearing on April 5, 2016, and received the staff recommendation, testimony from the applicant's agent, Scott Nielson, of NBW Architects, and from several surrounding property owners. Surrounding property owners testified in opposition to the special review and included the following individuals: David Ryckman, Glen Korf, Peg & Karl Guhn, Bill Felton, Duane Hankel, and Mary & Monti Bonawitz. All of these surrounding owners live on Sweetgrass Creek Drive and Trailcreek Drive in the County subdivision north of the subject property. Several individuals provided testimony in support of the special review including Blaine Poppler, Tamara Zaccardi, Stewart Kirkpatrick, Ken Petersen and Rick Leuthold.

Mr. Scott Nielson provided updated information to the Zoning Commission on the additional area south of the original site plan. He stated the need for the area was to adequately handle storm water runoff from the parking area and roof of the meetinghouse. He stated the additional area may have an 81-stall parking lot in the future if the meetinghouse increases its membership. Mr. Nielson stated the proposed site took into consideration all of the objections from the previous application so they chose a site not within an existing neighborhood with direct arterial street access. He stated the area is larger than the previous site and the landscaping proposed will complement the surrounding area. He stated the church and the agent for the owner, Blaine Poppler, conducted a pre-application meeting with the surrounding owners. He stated there were no great concerns raised at the meeting.

Mr. Poppler stated he was engaged by the church to seek a new site for the meetinghouse on the west end of Billings. He stated they considered several sites and found this property met the client's needs and the property owner is a willing seller. He stated the closest residence to the property line is over 450 feet north on Sweetgrass Creek Drive.

Tamara Zaccardi, a community relations and outreach coordinator for the LDS church in Billings, stated the need for additional space is great in the community. In response to a question from the Commission, she stated choosing local contractors is encouraged by the church.

Ken Petersen testified in favor. He stated he was the co-chair for the church committee that found and developed the site for the LDS temple north of Rimrock Road. He stated all of the church's buildings in the community are quality construction and are well-maintained. He stated the traffic issues have been studied by Bob Marvin and a report submitted to the City for review. He stated the church's withdrawal of the previous application on Rimpoint Drive was the right thing to do. In response to a question from the Commission, Mr. Petersen stated the closest LDS meeting house is on Belvedere Drive south of Grand Avenue. He stated this is a larger congregation than what is proposed at the subject property.

Stewart Kirkpatrick testified in favor of the church location. He stated this area has a mixture of uses already from Grand Avenue north to Rimrock Road. He stated there is a serious amount of green space planned for this site and it will fit with the Billings Westend plan.

Rick Leuthold stated his firm, Sanderson Stewart, is representing the applicant on the site's civil engineering work. He stated the church has prepared the traffic analysis and there will be contributions required for nearby intersections and the applicant will likely have to sign a waiver of protest against future SIDs for 54th St .West improvements. He stated that Trail Creek Drive would need to have a 3/4 street improvement including curb, gutter and sidewalk from its intersection with 54th St West to the west property line of the subject property. He stated it was unlikely vehicles would use the gravel roads through the County subdivision to the north but would turn right to the intersection at 54th St West. He stated the homes in the County subdivision sit at a much higher grade than the subject property and the visual impact of the 28-foot tall church building would be diminished by distance.

Carl Guhn testified in opposition. He stated his biggest concern was cut-through traffic on Trail Creek and Sweetgrass Creek. He stated the roads are little more than dirt and dust from just a few cars each day. He stated the area is also full of wildlife including deer and pheasant. He stated his preference would be for the church to choose a commercially zoned lot down near Grand Avenue.

Monti Bonawitz testified in opposition. He stated the area is a nice rural subdivision but the potential for even a few more cars using their subdivision roads would not be fair. He stated the roads are not in good condition. He stated some of the homes on the north side Sweetgrass Creek have septic systems that go across the road and he is concerned with the impact to those systems.

Mr. Ryckman testified in opposition. He stated his biggest concern was the impact to the wildlife in the area. He stated there is an albino deer that lives in the field and any disturbance of the area may impact the wildlife. He stated his concern was not based on the faith of the LDS church but with the impact on his viewshed, the wildlife, and the County road.

Glen Korf testified in opposition. He stated people who use Sweetgrass Creek Drive now go too fast. He stated the dust issues were already serious. He stated if the City approves the proposal one of the conditions should be the church re-build the roads in their subdivision to eliminate any traffic issues. He stated he is concerned about losing his view and the open space south of his home. He stated the church is not compatible with surrounding homes.

Mr. Felton testified in opposition. He stated he lives in a County single family subdivision. He stated that allowing the church will allow a commercial use in close proximity to his neighborhood. He stated it would likely lower his property value. He stated the church should go in a commercial zone at Grand Avenue.

Mr. Nielson provide rebuttal testimony. He stated the church is a good neighbor in every residential zone where they are currently located. He stated there is some use of the building during the week but mostly just on Sundays from 9 am to 4 pm. He stated he has worked with the LDS church for more than 45 years and meeting houses are always sited in neighborhoods. Mr. Nielson asked the surrounding owners to work with him to address their concerns over the next few weeks. He stated some of the issues could be addressed by minor modifications of the site plan.

A motion to recommend conditional approval based on the findings of the 3 criteria was made by Commission Member Michael Larson and seconded by Commission Member Dennis Ulvestad. The motion was approved 5-0.

Consistency with Adopted Policies and Plans is discussed in the Alternatives Analyzed section above.