This is a request to amend the conditions and site plan for a special review previously approved (Special Review #900) to allow the construction of a new private elementary school. The school is proposed to be 20,058 square feet with 7 classrooms, 49 parking spaces, a fenced playground, landscaping and area for future expansion of classrooms, a gymnasium, and additional parking in a Residential 9,600 (R-96) zoning district on Zimmerman Acreage Tracts. The property is a 3.83-acre parcel of land located at 4809 Grand Avenue. The property is owned by Grace Montessori Academy and Eggart Engineering Company is the agent. The applicant submitted and received approval at the City Council meeting on April 22 for annexation into the City for the additional area. The Zoning Commission continued the public hearing from April 2, 2013 to May 7, 2013. The Zoning Commission conducted the public hearing on May 7, 2013 and is forwarding a recommendation of conditional approval on a 5 to 0 vote.

The Planning Division reviewed the application and recommended conditional approval and the Zoning Commission has concurred with that recommendation. 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, in that it is in a district that 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, has 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 2 new access driveways are 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. Planning staff 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 as amended and generally located at 4809 Grand Avenue.
2. The special review approval is for the construction of a new school building of 20,058 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 including the future expansion area 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 approaches 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 locations.
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.

When the property is developed, additional city fees will be realized. If the property is considered exempt from property taxes, then additional tax revenue will not be paid to the City. Fee assessments for arterial streets, storm water control and street maintenance will be paid to the city.

This is a request to amend the conditions of approval for Special Review #900 granted to allow the demolition of an existing residence and construction of a new Grace Montessori School at 4809 Grand Avenue. The City Council approved this location under a special review on August 27, 2012 with several conditions. Since that approval, the school has modified its building plans to include more building area, a larger parking lot, and plans for future expansion to the east and north. These changes require additional special review approval by the City Council. The owner has annexed an additional 1.8 acres to the east and north of the original subject property (Approved by City Council on April 22, 2013).

Private schools are allowed only be special review approval in residential zones. The proposed school will be 20,058 square feet and contain 7 classroom spaces. The site plan shows a parking lot with 49 spaces and a fenced playground. The new site plan also shows a future expansion of 4 classrooms, a future gymnasium and 43 future parking spaces. 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 and approximately 25 feet in height. A 10-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 130 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. According to 2012 traffic counts, Grand Avenue in this area carries about 4,000 vehicle trips per day. The posted speed limit at this location is 60 mph. All students will likely arrive and depart the school by car or bus until sidewalks/pedestrian trails are installed in this area of Grand Avenue. 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 May 7, 2013, and received the staff recommendation and testimony from the agent, Quentin Eggart of EEC.  There was no other testimony. The Zoning Commission is forwarding a recommendation of conditional approval on a 5 to 0 vote.

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