Item #2 - Special Review #929 – 2802 Belvedere – Church School Expansion – 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, 2^nd Filing. The property is about 4 acres in size.

The Planning Division is recommending conditional approval based on the findings of the 3 criteria for Special Review 929.

OWNER: Trinity Evangelical Lutheran Church
AGENT: Collaborative Design Architects, Jeff Kanning & Nick Pancheau
LEGAL DESCRIPTION: Lot 2A, Block 1, Oakland Subdivision, 2nd Filing
ADDRESS: 2802 Belvedere Drive
CURRENT ZONING: R-96
EXISTING LAND USE: Trinity Evangelical Lutheran Church and School
PROPOSED USE: Same with addition of 7,975 square feet to school
SIZE OF PARCEL: 4.22 acres

Building Permit Application BP-15-02654.

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 existing churches in this neighborhood 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.

NORTH:	Zoning: R-96 Land Use: Single family residences
SOUTH:	Zoning: R-96 Land Use: Single family residences
EAST:	Zoning: Residential Multi-family Land Use: Nursing home, apartments and single family residences
WEST:	Zoning: R-96 Land Use: Single family residences

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 larger 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 existing 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 Planning Division has reviewed the proposed addition and the 3 criteria for special review approval and recommends conditional approval. 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 increase enrollments. The Planning Division is recommending several conditions of approval that will ensure any potential conflicts are mitigated.

The Planning Division 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 new bicycle racks as recommended by 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.