This is a special review request to allow expansion and reconfiguration of an existing senior living facility by more than 10% of gross floor area, per Section 27-613.c BMCC.  The construction will be renovating and reconfiguring an existing wing from 15,072 square feet of gross floor area, to 30,700 square feet of gross floor area, and from 37 existing dwelling units to 56 dwelling units in Wing 2, on Tract A4 of C/S 369, 5th Amended, a 9.078 acre parcel of land. Tax ID: D04710.

Special Review applications are reviewed using BMCC, Section 27-1503, criteria referenced in the Alternatives Analyzed section of this memo. Special Reviews do not require an ordinance for approval, are not zone changes on property; rather, are tied to specific uses that are allowed in a given zoning district but are subject to a review by the City prior to the use being allowed. Special Reviews, unlike zone changes, may be conditioned to mitigate possible impacts from the use on the subject property or surrounding properties.

City Council may:

• Approve the request;
• Conditionally approve the request;
• Deny the request;
• Allow the applicant to withdraw the request; or
• Delay action on the request for up to 30 days.

APPLICATION DATA
OWNER: Lutheran Retirement Home, Inc. 
LEGAL DESCRIPTION: A & E Architects
ADDRESS: 3940 Rimrock Road
CURRENT ZONING: Residential-9600/Shiloh Overlay District
EXISTING LAND USE: Senior Living Facility
PROPOSED USE: Senior Living Facility  
SIZE OF PARCEL: 9.078 acres

Before a recommendation of approval or conditional approval can be made, each special review request must demonstrate conformance with three primary criteria per BMCC 27-1503:
1)The application complies with all parts of the Zoning Regulations, 
2) The application is consistent with the objectives and purposes of the Zoning Regulations and the Growth Policy, and
3) the application is compatible with surrounding land uses and is otherwise screened and separated from adjacent land to minimize adverse impacts.
 
The Planning staff has reviewed the request and the City Zoning Commission held a public hearing on March 5, 2019. The Zoning Commission is forwarding a recommendation for 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 Zoning Regulations, 2) The application is consistent with the objectives and purposes of the Zoning Regulations and the 2016 Growth Policy, and 3) the application 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 so far that the zoning regulations adopted by the City Council have designated all residential zoning districts can have senior living facilities on them as long as they go through the special review process.  There are requirements for landscaping and screening from residential uses next to commercial uses within the zoning regulations.
 
The application meets criteria from the second requirement, as it is consistent with the objectives of the Growth Policy:

• Strong Neighborhoods: Neighborhoods that are safe and attractive and provide essential services are much desired. Infill development and development near existing City infrastructure may be the most cost effective.

The proposed special review will provide an additional service to those residents within the neighborhood. The new facility renovation will support this neighborhood and create an environment that is safe and attractive. Essential Investments: Neighborhoods that are safe and attractive and provide essential services are much desired.  
The application also meets the third criteria in that it is compatible with surrounding land uses in the area.  The renovation of the facility will create additional housing for its senior neighborhood. Since the underlying facility already exists, there will be no need to extend municipal services, the City Engineering Division has been working with the agent on the project to ensure all needed services can be met.  There are minimal impacts from the proposed location that need to be mitigated. The conditions recommended with the special review should mitigate impacts on the site and the surrounding properties.  
 

While renovating a 50+ year old building complex will increase the serviceability of the senior housing facility and provide more housing options in this area of Billings, the property operates as a tax exempt entity and so property taxes will not increase. However, the property does continue to pay City assessments and fees for certain services.

This is a special review request to allow expansion and reconfiguration of an existing senior living facility by more than 10% of gross floor area, per Section 27-613.c BMCC.  The construction will be renovating and reconfiguring an existing wing from 15,072 square feet of gross floor area, to 30,700 square feet of gross floor area, and from 37 existing dwelling units to 56 dwelling units in Wing 2.
 

The Zoning Commission conducted a public hearing on March 5, 2019, and received the staff report and recommendation as well as testimony from the applicant’s agent. Planning Staff made a brief presentation of the application and the proposed project.

David Trost, President and CEO of St. Johns Lutheran Ministries, thanked the staff for the presentation and said the condition regarding the landscaping trees was something they had intended to comply with.  He said they were going to make all effort to preserve the mature evergreen trees in the area of the project, although there are a few that will have to be removed, they intend to preserve what they can.  He said the new development is being called Chapel Court Apartments, and will be for senior housing only.  It is intended to be for seniors who qualify for the low income housing program. The seniors residing in the existing building will be given temporary housing on the campus until the construction is finished.  He explained that the existing structure is nearly 55 years old and is deteriorating and needing constant repairs.   Mr. Trost said although the senior facility is not within their task force boundary, the Rimrock Task force was in support of the project.  He informed the commission they have a start date of April 1, 2019 for demolition and plan to begin construction on June 1, 2019.

Commissioner Ulvestadt asked if it was similar to the facility to the east, and would the residents of that complex be allowed to live in the new facility.  Mr. Trost said the Mission Ridge development to the east was not the same in that the qualifications to live in the new facility were for low income, the residents would have to qualify to live there. Commissioner Mariska asked for clarification of the number of units.  Mr. Trost clarified the total number would be initially more dwelling units, but with future reconstruction would end up being close to the same number or less.

There were no others in attendance wishing to speak about the application.

The public hearing was closed and Commissioner Larson made a motion to forward a recommendation to the City Council to approve Special Review 974 with the recommended conditions. The motion was seconded by Commissioner Ulvestad and passed with a 5-0 voice vote.

Discussion of the application's consistency with adopted plans and policies, including the City of Billings 2016 Growth Policy, is included in the Alternatives Analyzed section of this memo.