Variance 291 – 1932 US Highway 87 East – Lockwood Schools – Land Use Contrary to Zoning – A request to conduct a public forum on a public agency request to use land contrary to zoning. The County Board of Adjustment has no power to approve, deny or attached conditions to the proposed use. State law (MCA 76-2-402) requires a forum before the Board of Adjustment to receive public comment. The legal description of the property is C/S 918, Tract A and is in a Public (P) zoning district. The site plan will not meet the required perimeter landscaping (Sec. 27-1100) or the required number of off-street parking spaces (Sec. 27-1200). Tax ID D05970.  Presented by Karen Husman, Planner I.

The Planning Division is recommending the Board conduct the public hearing and allow comment on the Lockwood Schools perimeter landscaping and required number of parking spaces.

OWNER: School District #26    
AGENT: Collaborative Design, Jeff Kanning     
PURPOSE: Lockwood Schools perimeter landscaping and required number of parking spaces.
LEGAL DESCRIPTION: C/S 918, Tract A
ADDRESS: 1932 US Highway 87 East
EXISTING LAND USE: School       
PROPOSED LAND USE: School
EXISTING ZONING: Public

None

NORTH:   Zoning:      R-150, R-96, RMH
                  Land Use:  Residential
SOUTH:    Zoning:    Public, R-150
                  Land Use:  Residential & Public
EAST:       Zoning:      AO
                  Land Use:  Residential
WEST:      Zoning:      R-150
                  Land Use:  Residential

This is a request to use public land for public purposes contrary to zoning. Lockwood Schools' submitted site plan for its new high school will not meet the required perimeter landscaping (Sec. 27-1100) or the required number of off-street parking spaces (Sec. 27-1200).  State statute allows public agencies to use land contrary to zoning after a public hearing is held by the local Board of Adjustment. As illustrated in MCA 76-2-402(2), the Board shall have no power to deny the proposed use but shall act only to allow a public hearing for comment on the proposed use.
 
The state law provision that exempts local agencies from local zoning compliance provides an opportunity for the public to provide comment and eliminates the need for one government authority to approve, deny or place conditions on the necessary public improvements of another public agency. Many public agency projects are subject to other permitting and development permissions ranging from financial authority and building code compliance to state and federal environmental policy conformance. These processes also offer the opportunity to provide public comment.

The Planning Division is recommending the Board conduct the public hearing and allow comment on the Lockwood Schools proposal for perimeter landscaping and parking spaces.