This is a request for a special review to allow the expansion of an existing school (elementary and high school) in a Residential 9,600 (R-96) zoning district on Lot 3, Block 1, Cornerstone Subdivision. The 3.6 acre parcel of land is located at 4519 Grand Avenue. The property is owned by Cornerstone Community Church and is represented by Alex Tommerup, AT Architecture. The Zoning Commission conducted a public hearing on December 6, 2011, and is forwarding a recommendation of conditional approval on a 5-0 vote.

The Planning Division reviewed the application and recommended conditional approval to the Zoning Commission. 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 and the 2008 Growth Policy, 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 district that allows schools by special review. The proposed school expansion is further back from Grand Avenue to allow for a larger parking area. In the future, the building may not meet the side adjacent to street setback for a building 4 feet taller than the maximum height in the R-96 zone. The current side setback (40 feet to center of Lenhardt Lane easement) shown does meet the additional setback required since the current property line is the center of Lenhardt Lane. The Zoning Commission is recommending a condition to increase the setback from the Lenhardt Lane easement so if future annexation occurs and a right-of-way is dedicated, the building will meet the required setback of 18 feet from the side adjacent to a street property line. Outdoor lighting and announcement systems are a concern especially when a large play field is adjacent to residential uses (north and east). The application is conforming to the purposes of the regulations and the 2008 Growth Policy and the West Billings Neighborhood Plan (2001). The development will expand an existing local school and will provide needed classroom space for current and future students.

The application also conforms to the third criteria and conditions of approval are recommended to mitigate any potential impacts to surrounding property. The current building is an older modular structure and has likely reached its maximum life span. The building does not exceed lot coverage and meets the required front, side, and rear setbacks. The proposed lot line relocation will give the school access to a new play field on the north part of the property. It appears the school will meet the required off-street parking requirements and no new access driveways are proposed for the school. There are several residential dwellings in the immediate neighborhood and the Zoning Commission is recommending conditions to mitigate any potential impacts to these neighbors. The proposal is compatible and conditions are recommended to mitigate any potential adverse effects on the surrounding area. The proposal is consistent with goals of the 2008 Growth Policy and the West Billings Neighborhood Plan specifically the recommendation to encourage re-use of existing property when buildings reach their service life span.

The Zoning Commission is recommending the following conditions for this special review based on the approval criteria for special review uses.
1. The special review approval shall be limited to Lot 3 (as amended), Block 1, Cornerstone Subdivision, generally located at 4519 Grand Avenue. 
2. The special review approval is for the construction of a new school building of 46,640 gross square feet and no other use is intended or implied by this approval.    
3. Any expansion of the proposed building or off-street parking greater than 10 percent of what is shown on the submitted site plan will require an additional special review approval.
4. All exterior lighting shall have full cut-off shields so no part of the fixture or lens projects below the cut-off shield. The maximum height of any light pole in the parking or outdoor play areas shall be 20 feet above grade.
5. The site plan will be modified to show an 18 foot setback from the existing Lenhardt Lane easement.
6. No outdoor announcement system is allowed on a permanent or temporary basis.
7. No construction or demolition activity will occur before 8 am or after 8 pm daily.
8. Any new sign will require sign permit approval from the Planning Division. The proposed monument sign will comply with the sign code requirements in place at the time of application.
9. The site will be developed in substantial conformance with the submitted site plan including landscaping, parking and building location.
10. The applicant will retain all existing healthy trees along Lenhardt Lane. Trees lost through damage within 1 year of final construction will be replaced with the same species. 
11. 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. 
12. 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.

There should be no impact on city finances from the proposed project. The property pays city fees, but is exempt from property taxes.

This is a request for a special review to allow demolition and a rebuild to expand an existing elementary and high school, Billings Christian Academy, at 4519 Grand Avenue. The church and school property were annexed into the city in 2003. At the time of annexation, the city default zoning of R-96 was placed on the property.

The current school building is a modular building in need of expansion. Rather than adding on to the existing structure, the applicant intends to demolish the existing structure and build a new 3-story school setback further from Grand Avenue. The boundary between the current Lot 3 and Lot 1 will be relocated to allow the development of a new playfield and playground behind the new building. The existing school building is 14,695 square feet in a single story building. The proposed new building will have 46,640 square feet with a first floor footprint of 20,880 square feet. The proposed first floor will have a gymnasium space and the two upper floors will have 12,880 square feet each for classroom space. The zoning regulations require a special review for the expansion of the school beyond 10% of what currently exists.

The immediate neighborhood surrounding the parcel is zoned A-S or R-96. The church and school are currently a City island and surrounded by County property so development around the project is currently low density, single family residential homes. The proposed building will be 38 feet to the highest point, which is greater than the 34 feet allowed in the R-96 zone. The zoning does allow for a 10% increase in building height for a roof pitched 7:12 or greater. If the roof is pitched 7:12 or greater the building at 38 feet would still be ½ foot greater in height than allowed. Section 27-310(f) does allow schools and churches to exceed the height limit of the zoning district if the front, rear and side setbacks are increased 2 feet for each foot the building exceeds the height limit. For a roof pitch of less than 7:12, the side setback for the new school would need to be 13 feet. A 10-foot setback to the edge of the Lenhardt Lane easement is shown. The side property line extends to the “center” of Lenhardt Lane or an additional 30 feet for a total side setback of 40 feet to the side property line. If the adjacent parcels were annexed to the city, then a dedicated right of way may be required for Lenhardt Lane. At this future date, the side adjacent to street setback of 10 feet would be less than the required 18-foot side adjacent to street setback for a building 38 feet in height. The Zoning Commission has proposed a condition to address this potential future setabck issue. The new school will be able to accommodate a greater number of students and will have concomitant increased use of the outdoor play areas. Additional traffic might also occur with a larger student body.

The Zoning Commission conducted a public hearing on December 6, 2011, and received the Planning staff recommendation and testimony from the applicant's agent, Alex Tommerup of AT Architecture. No other persons testified at the hearing. The Planning Division did not receive any written testimony or outside communication on the application.

Mr. Tommerup testified that the current structure is an original modular building that has reached its useful life. He stated the new school would likely be constructed in phases as funding becomes available. Mr. Tommerup stated he would like the Commission to consider modifying proposed condition number 10 to exclude the word "disease" so the applicant is only responsible for damage to existing trees along Lenhardt Lane as well as putting a time limit on the replacement of such trees to 1 year or less from the date of final construction. Mr. Tommerup stated the new school could have up to 300 students from preschool to grade 12. He stated the school is interested in having a full size gymnasium so students did not have to travel to other locations for physical education or practices. He stated a gymnasium is not required but would be well used if provided. The existing school will remain in place until the new school building is completed.
Commission Member Dan Wagner moved to recommend conditional approval to the City Council and to modify proposed condition 10 to remove the word "disease" and limit the replacement time period to 1 year or less from final construction. The motion was seconded by Commission Member Edward Workman and the Commission voted 5-0 in favor of the motion.

The consistency with adopted plans and policies is discussed in the Alternatives Analyzed section above.