This is a request for a special review to allow the construction of a new private elementary school of 17,868 square feet with 6 classrooms, 25 parking spaces, a fenced playground and landscaping in a Residential 9,600 (R-96) zoning district on Zimmerman Acreage Tracts, a 2-acre parcel of land located at 4809 Grand Avenue. The property is owned by John Clifford Zimmerman and Eggart Engineering Company is the agent. The Zoning Commission conducted a public hearing on August 7, 2012, and is forwarding a recommendation of conditional approval on a 3-0 vote.

The Planning Division reviewed the application and recommended conditional approval, and 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 because the R-96 zoning district allows schools by special review. The proposed school is further back from Grand Avenue to allow for a parking area. The proposed building appears to meet all required setbacks and lot coverage limitations. There is a proposed fence for the playground that meets the requirements of the zoning code. Landscaping is proposed for the remainder of the site. The application is conforming to the purposes of the regulations and the 2008 Growth Policy and the West Billings Neighborhood Plan (2001). 

The application also conforms to the third criteria and conditions of approval are recommended to mitigate any potential impacts to surrounding property. The proposed building is setback from all surrounding existing structures, is a single story and should have little impact on adjacent properties. The building does not exceed lot coverage and meets the required front, side, and rear setbacks. It appears the school will meet the required off-street parking requirements and a new access driveway is proposed for the school. 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 non-commercial uses of land along arterial streets between major intersections. The Zoning Commission is recommending conditions for this special review based on the approval criteria for special review uses.

PROPOSED CONDITIONS
1. The special review approval shall be limited to Zimmerman Acreage Tracts generally located at 4809 Grand Avenue. 
2. The special review approval is for the construction of a new school building of 17,868 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 proposed new drive approach shall be reviewed and approved by the City Traffic Engineer. 
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 school will be allowed one (1) monument sign not larger than 32 square feet and may have external illumination.
9. The site will be developed in substantial conformance with the submitted site plan including landscaping, parking and building location.
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.

In addition to the recommended conditions the City Council may consider all of the following potential impacts and may formulate conditions related to:

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 property is proposed to be annexed to the City and will increase its tax base. The proposed use for a school will not effect the potential tax revenue.

This is a request for a special review to allow the demolition of an existing residence and construction of a new Grace Montessori School at 4809 Grand Avenue. The owner has also petitioned to annex the property to allow public utilities to be installed for the new school. City utility lines exist in Grand Avenue. The current County zoning is A-1 but upon annexation the default zoning of R-96 will be applied. Private schools are allowed only by special review approval in residential zones. The proposed school will be 17,868 square feet and contain 6 classroom spaces. The site plan shows a 25-stall parking lot and a fenced playground. This is in an area between the coterminous city limits and other annexed property to the west including Grand Peaks Subdivision, Cottonwood Grove Subdivision, and the Bishop Fox Subdivision at 54th Street West and Grand Avenue.

The immediate neighborhood surrounding the parcel is zoned A-1 and is used for agricultural purposes including irrigated cropland, grazing, hay and other crops. The proposed building will be a single story approximately 25 feet in height. A 15-foot side setback is shown for the side property lines. The proposed parking will be approximately 40 feet from the Grand Avenue property line and the main school building will be 151 feet north of the Grand Avenue property line. There is a fenced playground north of the proposed school building.

Grand Avenue is a principal arterial street with higher speed traffic at this location. The current driveway and obstruction of clear vision by shrubbery causes a dangerous situation for traffic entering Grand Avenue. The existing home and driveway will be removed and replaced with a safer driveway and the existing vegetation will be removed. According to 2012 traffic counts Grand Avenue carries about 4,000 vehicle trips per day in this area. The posted speed limit at this location is 60 mph. All students will likely arrive and depart the school by car or bus. Careful alignment of the new drive approach will be necessary to ensure adequate sight distances and safe turning movements.

The Zoning Commission conducted a public hearing on August 7, 2012, and received the staff report and recommendation to conditionally approve the request. The applicant and agent did not provide any additional testimony. Planning Staff provided the Zoning Commission with recent traffic counts from Grand Avenue and questions arose over the current posted speed limit of 60 mph on this section of Grand Avenue. The Planning Staff stated there is no proposal to lower the speed limit or conduct a speed study at this time. Planning Staff stated the City Traffic Engineer will work with the engineer for the project to ensure a safe drive approach for the new school so turning movements into and out of the parking lot are as safe as possible.

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