This is a special review request to expand an existing church school, Trinity Lutheran School, to add 7,975 square feet to an existing 26,399 square foot building, in a Residential 9,600 (R-96) zone on Lot 2A, Block 1, Oakland Subdivision, 2nd Filing. The property is about 4 acres in size. The Zoning Commission conducted a public hearing on June 2, 2015, and is forwarding a recommendation of conditional approval and adoption of the findings of the 3 criteria for this special review.

The 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 proposed addition and the 3 criteria for special review approval and recommended conditional approval to the Zoning Commission. The Zoning Commission concurred with the recommendation and the proposed findings of the 3 criteria. At the request of the applicant, a proposed condition concerning bicycle parking was amended to be more specific. Before a recommendation of approval or conditional approval may 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, and appears to conform to all parts of the Unified Zoning Regulations. The application is consistent with the 2008 Growth Policy to encourage compatible land uses in neighborhoods.

Private schools and churches and combinations of these uses are allowed by special review approval in all residential zones. The church school has existed in this neighborhood for many years prior to the special review requirement. The proposed addition will be similar in architectural style and finish to the existing structure. The addition will allow this essential neighborhood feature to remain and expand to accommodate increasing enrollments. The Zoning Commission recommends several conditions of approval that will ensure any potential conflicts are mitigated.

The Zoning Commission recommends the following conditions:
1. The special review is limited to the expansion of an existing private church school and no other use is intended or implied.
2. The approval is limited to Lot 2A, Block 1, of Oakland Subdivision, 2nd Filing, generally located at 2802 Belvedere Drive.
3. Any addition to the building or the parking area greater than 10% of the total shown on the site plan shall require additional special review approval.
4. There shall be no demolition or construction activity before 7 am or after 8 pm.
5. Any new outdoor lighting - except security lighting on the building - will have full cut-off shields so that no part of the lens or fixture projects below the shield. Any new outdoor pole light is limited to 15 feet in height above grade.
6. The solid waste collection enclosure shall be sight-obscuring, tall enough so no part of the collection box projects above the enclosure and have a sight-obscuring closing gate or gates.
7. The new landscaping shall be installed as shown on the submitted site plan.
8. The addition shall be in substantial conformance with the submitted site plan. Minor modification are allowed.
9. The applicant will install 1 or more circular ribbon-type bicycle rack to provide 16 bicycle parking spaces as shown in the Planning Division guidelines. (see attachments)
10. 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.
11. 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 level. This application is for a Special Review as noted above and no other request is being considered with this application. The Planning Division points out that the use and development of the property must be in accordance with the submitted site plan.

If the special review is approved, the Building Division will receive additional permits fees for the plan review. The neighborhood will have a stabilized tax base with the addition and upgrade of the existing school site. The school site does not pay property taxes but pays city fees for service for arterial streets, street maintenance, storm water management and a street lighting district. The city fees for service were $2,801.76 for 2014.

The church and school on this property existed before the current zoning requiring a special review approval for this use in residential zoning districts. The City adopted this requirement in 1972. Since 1972, 5 special reviews have been approved to expand churches in this area including the Lutheran Church of the Good Shepherd on 24th St West, St. Andrew's Church on 24th St West, the LDS Meetinghouse on Belvedere Drive, Rocky Mountain Community Church on Broadwater Avenue, and the Messiah Lutheran Church on Colton Boulevard.

This is a special review to add a 7,975 square foot addition to expand classroom space at the Trinity Lutheran Church and school at 2802 Belvedere Drive. The project also includes a remodel for the main entryway on the north side of the building and a re-configuration of the parking lot and student drop-off area east of the building on 28th Street West. The existing building is 26,399 square feet and the church school has experienced increased enrollments. The proposed addition will include space for pre-school, a library, computer lab and a music room. The site is 4.22 acres in area and is large enough to accommodate the addition and provide the other necessary outdoor areas for recreation and parking. The property is located at the intersection of 28th St West and Belvedere Drive. Neighboring properties include single family homes, apartments and a nursing home. The total square footage of the building will be 34,374 square feet with 55 off-street parking spaces provided. A basketball court will be slightly re-located to accommodate the building addition.

The Oakland Subdivision is a well-developed neighborhood and the subject property is located on local streets. This neighborhood also includes an LDS Meetinghouse at 2929 Belvedere Drive. The Trinity Lutheran Church is located at 537 Grand Avenue so this property only serves as a K-8 private school for the church. There are no local traffic counts available for Belvedere Drive or 28th Street West. Daily traffic is likely similar to other public or private elementary schools in neighborhoods. The proposed addition will be similar in height and siding materials to the present building. The re-design of the parking lot to the east will include additional street trees and a sight-obscuring dumpster enclosure. In addition, the site includes a storm water retention area south of the re-designed parking lot. No changes are proposed for the remaining landscaped and parking areas on the property.

The Zoning Commission conducted a public hearing on June 2, 2015, and received the staff recommendation and testimony from the applicant and agent. Charles and Carrie Wissenbach of 2809 Belvedere Drive testified in opposition.

Jeff Kanning, agent for the applicant stated the major expansion was to add multi-use spaces to the building that are needed for educational goals of the church school including a new library, music room, a computer lab and pre-school space. He stated that the church school also wants to provide 2 new additional drop-off zones for parents on the east side of the property to try and relieve on-street traffic congestion. He stated the re-configuration of the east parking lot does not add any parking spaces but provides safer drop off areas for parents and students. He stated he has no concerns with the recommended conditions but would like clarification of the condition concerning provision of bike parking racks. He stated he would use one of the recommended bike rack types but a ratio of 1 bike parking space for every 5 students may be excessive for this type of school that draws students from throughout the Billings area. He stated the re-designed east parking lot will be ADA compliant when completed.

Commission member Dan Wagner asked whether the condition of Belvedere is planned to be improved with the project. Mr. Kanning stated the school project will provide whatever public improvement adjacent to the lot are required by City Engineering. This would probably not include re-paving of Belvedere Drive. Mr. Kanning stated the new water line will be brought in from 28th St West and their contractor will restore the pavement as required. Mr. Wagner asked staff to relay his concerns with the condition of Belvedere Drive to the City Engineer. Mr. Wagner stated the pavement has subsided in several places on the street west of the school location and is in need rehabilitation by the city.

Commission member Dennis Ulvestad asked about school enrollment increases. Mr. Kanning deferred the question to Jonathan Boll, Director of Development for the school. Mr. Boll stated they have seen some increase in enrollment but they limit class size to 26 students and they do not intend to add classes to grades. Mr. Boll stated they will stay with 1 class per grade and 26 students per class.

Commission Chair Leonard Dailey, Jr. asked when the work would begin on the project. Mr. Kanning stated the work would begin as soon as June 24 this year pending City Council approval. He stated the contractor intends to finish all building improvements by the end of December 2015. Mr. Dailey asked whether the construction hour limitation in the proposed conditions is acceptable. Mr. Kanning stated the contractor believes there is ample time to complete the project without violating the proposed condition. Commission member Ulvestad asked what type of contact or communication from the neighbors has been received. Mr. Kanning stated before the city notice went out for the public hearing, his firm sent post cards to all the neighbors notifying them of the project and upcoming hearings. Mr. Kanning stated he had 1 phone call from Mrs. Kennedy on 29th St West. He stated her only concern was the re-configuration of the playing fields to the south of the school.

Mr. Jonathan Boll, Director of Development for Trinity Lutheran School, testified in favor of the request. He stated they are adding capacity to the school only for the daycare and pre-school. These 2 functions are currently run out of a single family dwelling on the north west corner of Belvedere Drive and 28th St West. He stated it not an ideal situation and bringing the pre-school and day care facility into the main campus will be beneficial for everyone. He stated currently the pre-school students have to cross the intersection to the main campus for certain activities every day. He stated the condition concerning the provision of bike racks is acceptable if the condition is modified to include just 16 bike parking spaces and specify a bike rack type. He stated he has only observed about 5-6 bicycles at the school on any given school day. He stated the school has many students that do not live within easy bicycling distance of the campus.

Charles Wissenbach of 2809 Belvedere testified in opposition to the school expansion. He stated the traffic to and from the school but particularly in the mornings is so heavy he has to time when he leaves for work. He stated parents will often park to block his driveway on the north side of Belvedere and his neighbor's driveways. He stated during the school day and when there are events in the gymnasium on-street parking is nearly impossible. He stated the school should expand the number of parking spaces so the on-street parking is less congested.

Carrie Wissenbach of 2809 Belvedere also testified in opposition to the school expansion. She stated daily traffic during the school year is too heavy and that events at the gymnasium during the evening are worse traffic-wise. She stated there are many times they have to go across to the school to see if the school staff can find the person who has parked and blocked their driveway. She stated sometimes in the morning or afternoon it can take as long as 15 minutes just to get out of their driveway. In response to a question from the Commission, Mrs. Wissenbach stated they have lived at 2809 Belvedere for 2 years and have not experienced any vandalism from the school students.

Mr. Kanning stated in his rebuttal, the renovation and reconfiguration of the east parking lot will alleviate much of the on-street parking congestion from parents dropping off or picking up students from the school. The new parking and drop off has 2 safe zones as well as more room for cars to maneuver past each other so traffic does not stack up in the drive aisles. He stated much of the on-street parking and driving congestion will be eliminated. He stated the off-street parking is compliant with the city's code and has additional spaces that are not required based on the school size. In response to a question from the Commission Mr. Kanning stated there is no plan to have a parking attendant or monitor but the school does instruct parents on a continuing basis about parking and drop-off and pick-up protocols for the campus. In response to a suggestion from the Commission, Mr. Kanning agreed they can add curb painting to the private contract for the public right-of-way improvements so drivers are informed where on-street parking is not allowed - within 3 feet of driveways or blocking driveways.

Commission member Dan Wagner made a motion to recommend conditional approval with the amended condition on bike parking and adoption of the findings of the 3 criteria for Special Review 929. The motion was seconded by Commission member Dennis Ulvestad. Mr. Wagner stated he is favor of the application based on the intention of the school to remain a good neighbor to the adjacent residents and resolve issues as they arise. Mr. Ulvestad stated he was also in favor of the motion because the school has good communication with its neighbors and will work on resolving the parking issues. The motion was approved on a 3 to 0 vote.

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