This is a request for a special review to allow four (4) new assisted living buildings with 16 dwelling units in each building for a total of 64 units in a Residential 7,000 (R-70) and Residential Multi-family-Restricted (RMF-R) zone within the Shiloh Corridor Overlay District on a 2.388 acre parcel. The subject property is legally described as Tract 2 of Rush Acreage Tracts Subdivision and Lots 5 and 6 of Block 6 Rush Subdivision, 2nd Filing. The property is generally located at 4040 Parkhill Drive on the southwest corner of the intersection of Shiloh Road and Parkhill Drive. The Zoning Commission conducted a public hearing on August 3, 2010, and is forwarding a recommendation of conditional approval on a 5-0 vote.

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, in so far, that it meets required setbacks and does not exceed maximum lot coverage. The application is conforming to the purposes of the regulations and the 2008 Growth Policy. The development will fill in an existing vacant lot in an established neighborhood in Billings. Assisted living is allowed with special review approval in all residential zoning districts.

The application also conforms to the second and third criteria. The submitted drawing with this application appears to meet all zoning requirements for setbacks, lot coverage and building height. The Shiloh Overlay District absolute criteria will be met and a condition of approval is recommended to provide façade relief on the buildings. The relative criteria for the overlay district will be reviewed for compliance during the master site plan approval process. The existing Tendernest Assisted Living facility at 4003 Parkhill Drive fits in well with the neighborhood and this will be a similar development. The proposed expansion of the assisted living is consistent with goals of the 2008 Growth Policy specifically the goal of encouraging in-fill and developments that are consistent with neighborhoods and adjacent land uses.

The special review approval should increase the taxable value of this vacant property and increase the city's property tax base when developed.

This is a request for a special review to allow the construction of 64 assisted living units in 4 buildings on a 2.388 acre parcel of land for Tendernest Assisted Living South Campus. In 2002, RK Development constructed the North Campus for Tendernest Assisted Living at 4003 Parkhill Drive consisting of 3 buildings with 15 dwelling units in each building. This will be a similar style development but with 4 buildings and 16 dwelling units in each building. The applicant has existing demand for memory care living units but cannot accommodate this demand in the North Campus. Assisted living is a use allowed by special review approval in all residential zoning districts. The property consists of 3 separate lots that are zoned R-70 and RMF-R. The 2 lots zoned RMF-R are on Shiloh Road and have existing single family residences (2004 and 2012 Shiloh Road) that are planned for demolition in the final phase of the development. The larger lot, Tract 2 of Rush Acreage Tracts, is zoned R-70 and is vacant. The primary access to the development will be off Parkhill Drive. No new access drives are planned for Shiloh Road. The applicant states each building will be constructed over a 1 year time period before the next building is started for a total development time line of 4 years.

The property to the west is a residential subdivision and has single family dwellings. An existing 6 foot vinyl fence runs along the west property line and was installed by the residential subdivision. The applicant proposes to install new vinyl fencing for each new building as it is constructed as well as landscaping and a private internal access road. The property is within the Shiloh Corridor Overlay District and requires augmented building design, landscaping, signage, lighting and other site design standards not otherwise required for special review uses. All developments that are not single family or two-family dwellings are required to meet the absolute criteria and earn points in 8 of the 9 categories for relative criteria. It appears the proposed development will meet the absolute criteria with one exception. The west façade of the buildings proposed for phases 1, 2 and 3 and the east façade of the building proposed for phase 4 does not have an architectural break in a façade of more than 60 feet. The overlay district requires each building façade greater than 60 feet in length to provide a break in the façade such as a recess or protrusion for a length of at least 12 feet with a minimum recess or protrusion of 4 feet. Planning staff is recommending a condition of approval that will require this minimum façade relief. Planning staff will review and require compliance with relative criteria at the time of the master site plan review prior to the first building permit application.

The Planning Division reviewed this application and recommended conditional approval. The Zoning Commission concurred with this recommendation and is forwarding the following conditions of approval:
1. The special review approval shall be limited to Tract 2, Rush Acreage Tracts and Lots 5 and 6, Block 6, Rush Subdivision, 2nd Filing generally located at 4040 Parkhill Drive.
2. Any expansion of the proposed building, building occupancy or parking lot greater than 10 percent of what is shown on the submitted site plan will require an additional special review approval.
3. The development of the assisted living facilities shall be in substantial conformance with the submitted site plan.
4. All site lighting on the building, in parking areas and under the covered porches shall have full cut-off shields so lighting is projected to the ground and not on to adjacent properties.
5. The west façade of the buildings in Phases 1, 2 and 3 and the east façade of the building in Phase 4 shall provide an architectural relief as required in Section 27-1407(d) of the Unified Zoning Regulations.
6. Pedestrian crossing signs shall be posted at the drive approach entrance on Parkhill Drive These signs will alert drivers entering and existing to watch for pedestrians on the public sidewalks.
7. The applicant will comply with all absolute criteria and achieve the minimum number of points for relative criteria in the Shiloh Corridor Overlay District as outlined in Section 27-1401 through 27-1423 of the Unified Zoning Regulations.
8. The applicant will apply for a Master Site Plan Approval as required by Section 27-622 of the Unified Zoning Regulations.
9. 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.
10. 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.

The Zoning Commission conducted a public hearing on August 3, 2010, and reviewed the Planning staff report and received testimony from the agent, Quentin Eggart of EEC. Inc. and from Randy Swenson, the owner of the property. Quentin Eggart presented a drawing showing a proposed modification of the building facade as required by proposed condition #5 to provide architectural relief to the buildings. Mr. Swenson stated he visited with the adjacent neighbors to the west on Crystal Drive to ensure there were no concerns with the new assisted living facilities. Mr. Swenson reported 1 owner was not in town during the summer and the other 3 supported the proposed use. Mr. Eggart and Mr. Swenson stated the Billings Urban Fire Service Association (BUFSA), owner of the two lots to the south east of the development will likely grant the access easement for site exiting and perhaps will place their lots up for public sale this fall. If offered for sale, Mr. Swenson stated he hopes to be the successful bidder. No other testimony in favor or in opposition to the application was received.

Consistency with adopted policies and plans is dicussed in the Alternatives Analyzed section of this report.