This is a request for a special review to allow the modification of a previously approved site plan for Special Review #885 to allow the addition of a 2-story office building to accommodate the assisted living management and administrative offices and the re-orientation of the parking and one of the assisted living structures on the Shiloh Road frontage. The total number of assisted living dwelling units will be 64 in four (4) new assisted living buildings. The property is 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 April 5, 2011, and is forwarding a recommendation of conditional approval on a 3-0 vote.

The Planning Division reviewed the application and recommended conditional approval. The Zoning Commission concurred with this recommendation. 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 criterion because it meets required setbacks and does not exceed maximum lot coverage. The application conforms to the purposes of the zoning 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 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 and specifically the goals of encouraging in-fill and developments that are consistent with neighborhoods and adjacent land uses.

The Zoning Commission is recommending conditions for this special review based on the approval criteria for special review uses. The Zoning Commission has recommended conditions below to address building uses, lighting, safety, and traffic flow.

PROPOSED CONDITIONS
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 property shall be in substantial conformance with the submitted site plan.
4. All site lighting on the buildings, in parking areas and under the covered porches shall have full cut-off shields so lighting is projected to the ground or onto the building façade and not on to adjacent properties.
5. The proposed use of the Phase 1 Office Building will be for administration and management of the Tendernest Assisted Living facilities. The building and the underlying property will not be sold, leased or otherwise granted to a party for conducting business not directly ancillary to the assisted living facility.
6. All outdoor mechanical equipment shall be screened including but not limited to air- conditioning units.
7. The signs shown on the Phase 1 Office Building will not be internally illuminated. A separate sign permit is required for the installation of these signs or other signs not shown on the site plan.
8. The clock shown on the Phase 1 Office Building will not be internally illuminated.
9. No portion of the gooseneck lighting fixtures shown on the Phase 1 Office Building will have lenses or light bulbs that project below the fixture shielding.
10. The applicant or agent(s) shall secure a demolition permit from the Building Division prior to starting demolition of the existing dwellings at 2004 and 2010 Shiloh Road.
11. Construction or demolition activities shall not start prior to 8 am or continue after 8 pm.
12. The vinyl fencing proposed along the Shiloh Road frontage and along the south property line of Lot 6 shall have a non-reflective surface finish (matte or satin).
13. 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.
14. 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.
15. The applicant will apply for a Master Site Plan Approval as required by Section 27-622 of the Unified Zoning Regulations.
16. 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.
17. 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.

Approval of the amended site plan will allow the applicant to move forward this construction season with Phase 1 development. The new development will increase property tax revenue of the lots. Additional city services will be required to serve the residents including water, sewer, and storm water systems but these will be paid for by the developer at the time of installation.

This is a request for a special review to allow the modification of the previously approved site plan for Special Review #885 for the construction of 64 assisted living units in 4 buildings and one office building for administration functions 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 now wishes to construct a separate 2-story office building to consolidate the management and administration functions of Tendernest. In addition, the site plan has adjusted the orientation of the Phase 1 assisted living building directly south of the proposed office building and provided for a one-way driveway from Parkhill Drive to exit on to Shiloh Road through property currently owned by the Billings Urban Fire Service Area (County agency).

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 on Shiloh Road are developed with single family residences (2004 and 2010 Shiloh Road). The new phasing of the project will plan for demolition of these structures in the first 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. Traffic will be one-way from Parkhill Drive to the south with a new exit-only driveway on 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. 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 Zoning Commission conducted a public hearing on April 5, 2011, and received testimony from Quentin Eggart, agent for the applicant, Randy Swenson, of RK Development. Mr. Eggart stated the reason for the change in the site plan was due to changes in the business climate and the development plan for the new assisted living units. RK Development desires to consolidate its administrative functions in a single purpose building rather than disburse these operations throughout the site. Mr. Eggart stated the development will occur over a number of years with Phase 1 planned for the coming construction season. Phase 1 includes the new office building and the first 16-unit assisted living dwelling. Mr. Eggart stated the applicant is agreeable to all the recommended conditions. The was no other testimony.
The Zoning Commission is forwarding a recommendation of conditional approval for Special Review #889 on a 3-0 vote.

Please see the Alternatives Analyzed for consistency with Policies and Plans.