This is a special review request to locate a new elementary/secondary school (K-8) for the Billings Catholic Schools in a proposed 87,000 square foot building with 36 classrooms, a library, multi-function rooms, music rooms, gymnasium, a kitchen and dining area, commons area, administration and utility support spaces. New drive approaches are proposed from Colton Boulevard and Woody Drive as well as drop-off & pick-up areas, new entry plazas, 126 parking spaces, and landscaping. The property is in a Residential 9,600 (R-96) zone, on Lot 2, Block 1 of St. Thomas Subdivision, a 26 acre parcel of land. The Zoning Commission conducted a public hearing on October 6, 2015, and is forwarding a recommendation of conditional approval and adoption of the findings of the 3 criteria on a 5-0 vote.

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.
 

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 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 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 because it is in a district that allows a school, subject to the special review process. The proposed buildings and landscaping meet the code requirements for this zone. At the time of building permit submittal other details for zoning will be reviewed for compliance such as solid waste dumpster locations and enclosures.  New landscaping will be installed around the building and along the street frontages. The property will have an approach from Colton Boulevard and from Woody Drive.  A student drop off area is planned for the west side of the new building.
 
The proposal is consistent with the goals of the 2008 Growth Policy and the Billings Infill Policy, specifically the recommendation to encourage re-development of under-utilized land, encouraging compatible uses, and avoiding leapfrogging development beyond city services. The Zoning Commission is recommending conditions for this special review based on the approval criteria for special review uses.

The Zoning Commission recommends the following conditions:

1. The special review is limited to Lot 2, Block 1, of St. Thomas Subdivision generally located on the lot immediately east of the St. Thomas Church on Colton Boulevard between Woody Drive and 21^st Street West.
2. The special review approval is for the construction of a new 87,000 square foot building for Billings Catholic Schools, K-8, no other use or development configuration is intended or implied by this approval.
3. Any expansion of the proposed building or 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, including security 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 outdoor areas shall be 20 feet above grade. Exceptions to this requirement are allowed for entry doorway lighting.
5. All proposed drive approaches will be reviewed by the City Traffic Engineering for final approval and location.
6. No construction or demolition activity will occur before 7 am or after 8 pm daily.
7. New trees shall not be any of the following species: Carolina poplar, other populus subspecies including any variety of aspens, elms, lombardy poplar, silver leaf poplar, weeping willow, or box elder. All installed trees will be continuously maintained and replaced as necessary by the owner.
8. Any centralized solid waste storage shall be enclosed by a wall on 3 sides and a closing gate or gates. The wall and gates for the solid waste storage shall be similar or complimentary in color to the adjacent buildings and shall be sight-obscuring. The wall and gates shall be tall enough that no part of the interior dumpster(s) are visible from the outside.
9. The site will be developed in substantial conformance with the submitted site plan including landscaping, parking and building locations with the exception of condition 5.
10. Any new sign will require a sign permit approval from the Planning Division.  The school will be allowed on (1) monument sign not larger than 32 square feet and may have external illumination.
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.

**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.

ATTACHMENTS
Attachment A: Zoning Map
Attachment B: Site photographs
Attachment C: Site Plan
Attachment D: Applicant Letter
 

If the special review is approved, the lot will be developed for a school complex.  However, it may be a non-profit development and taxes and fees will be limited. If the special review is not approved, the lot may not develop at this time.

This is a request to allow the construction of a new school on property that was purchased originally for a future school site. According to the letter that was submitted with this application, the property was purchased in 1959 for 1 dollar. The property is approximately 26 acres in area and is located on the south side of Colton Boulevard between Woody Drive and 21^st Street West.  The southern portion of the lot will remain in its native state, providing open space and separation from the BBWA canal. The site plan shows the building closer to Colton Boulevard than to Woody, with some parking alongside the existing sports field.  The properties surrounding the subject property are zoned residential and public and have residential uses, assisted living facilities, professional offices, and public park land.


The surrounding zoning is primarily Residential except for the zoning to the south, which is Public. Schools have traditionally been built in neighborhoods to serve the surrounding area.  In general, they increase values in the neighborhoods as people looking to buy a house consider where the nearest school is to the area they are looking to buy.  With the school, there is the increase in traffic when dropping off children and when they are being picked up after school.  These two times generally do not exactly match the same time as those going to or coming from work.   Potential impacts can be mitigated through application of conditions of approval and adherence to an approved site plan through the special review process. The Planning staff is recommending several conditions related to noise, lighting, solid waste management, traffic and site control.
 
Colton Boulevard is a collector street that carries up to 5,000 vehicle trips per day with a posted speed limit of 35 mph. With a school, there may be a school zone created which would slow traffic down at least during drop off and pickup times for the school.  There are curb-walk sidewalks on both sides of Colton Boulevard. On the Colton Boulevard frontage of the property, there are proposed ‘bulb outs’ to provide a student drop off area.  The proposed ‘bulb outs’ on Colton Boulevard were discussed with City Engineering before the site plan was submitted for the special review.
 

The Zoning Commission conducted a public hearing on October 6, 2015, and received the staff report and recommendation.  Staff also stated that some neighbors had contacted the Planning staff with requests for a larger format site plan to review the proposal.

Commission Discussion and Public Hearing
The Commission Members had questions regarding the location of the nearest elementary school to this proposed school, when the traffic count data was collected on Colton Boulevard, the functionality of the 'bulb outs' shown on the Colton Boulevard frontage and the purpose of the parking on Colton Boulevard. Staff responded that the closest elementary school is Rose Park Elementary, the traffic count data was collected in 2014 and is updated annually.  The intent of the 'bulb outs' is to isolate the parking area and direct traffic into the drive lane to accommodate safe student drop off. Staff explained that City Engineering staff will review and make final decisions on the bulb-outs and street design.

Applicant Agent Rick Helt said the property has been identified for this use and he has been in contact with the City Engineering Division to discuss the 'bulb outs' which are a good safety feature for calming traffic. The Woody Lane access point will alleviate congestion on the front end of the property on Colton Boulevard, according to Mr. Helt. He also explained that the current student count is 560 in the existing Catholic schools, with the new building proposed to hold a maximum capacity of 720 students. Mr. Helt was asked by the Zoning Commission about parents that drop off their children on the wrong side of the Colton Boulevard and he stated that there will need to be a lot of parent training and that they would like to have traffic guards at crosswalks.

One member of the public, not involved in the project, gave public testimony and pointed out that portions of the north side of Colton Boulevard do not have sidewalks now. She asked if they will be mandated to have sidewalks in those areas with this school development and if the speed limit be reduced during school drop off times or if flashing lights will be added to the drop off area.

The applicant's agent and representatives were provided an opportunity for rebuttal of the public testimony and explained that the plan is to have older students enter from the north side of the building and K-4 grade students use an entrance on the west of the building to try and have the parents with smaller children not accessing from Colton Boulevard. They also explained that the design team is working with City Engineering on the details of the site but have not discussed the speed limit in front of the school on Colton Boulevard. The intent is to have the speed limit dropped as it will be a school zone with prime drop off and pick up times during the day, according to the applicant's agent. Sidewalks and crosswalks will need to be addressed as the design plans are finalized and this also will be discussed further with City Engineering. 
 
Commission Member Mike Boyett said that hopefully the project and design elements will slow the traffic down on Colton Boulevard.  Commission Member Dennis Ulvestad said he felt this is a good location for the school and it will improve the quality of life. Commission Member Dan Wagner said he felt this is a wonderful improvement to this area. The Zoning Commission made a motion to approve Special Review 933 with conditions and it was approved with a 5-0 voice vote.

The proposal is consistent with goals of the 2008 Growth Policy and the Billings Infill Policy, specifically the recommendation to encourage re-development of under-utilized land, encouraging compatible uses and avoiding leapfrogging development beyond city services. Proposed conditions of approval will mitigate any potential negative impacts to the residential neighborhood. The application is conforming to the purposes of the regulations, the 2008 Growth Policy.