This is a special review request to allow the location of a nearly 100-unit assisted living facility located at the southeast corner of S 44^th Street West and Monad Road in the Lenhardt Square Planned Development. The property is zoned MF-R that allows multi-family developments but requires special review for any assisted living facility for more than 8 residents. The property is legally described as Lot 1, Block 1, Lenhardt Square Subdivision, 1^st Filing. The lot is a total of 8.327 acres and the assisted living facility includes a Phase 1 building with 98 units and a Phase 2 addition with an undetermined number of units. The owner is Stock-Naughton, LLP and the agent is Sanderson Stewart. The Zoning Commission recommending conditional approval on a 5 to 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) 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 it is within a district where an assisted living facility may be allowed by special review. The proposal appears to meet all of the zoning requirements within the Lenhardt Square Planned Development zone.
 
The Zoning Commission has determined the application also conforms to the second and third criteria. The zoning regulations adopted by the City Council have designated all residential zoning districts as areas where assisted living facilities for more than 8 persons may be allowed. Lenhardt Square has adopted identical provisions as well as specific criteria for special review applications such as architectural and building scale compatibility, traffic generation and compatibility with adjacent uses. The proposal is consistent with goals of the 2008 Growth Policy, and the Lenhardt Square Planned Development – specifically the goal of encouraging uses that are compatible with the character of the adjacent land use patterns. This site is adjacent to multi-family uses within the city limits and will share a common boundary with the St. Vincent’s Healthcare medical campus to the east. There are no direct impacts from the proposed location of the assisted living facility that need to be mitigated by conditions of approval. The conditions recommended below are standard conditions applicable to all special review approvals.  
The Zoning Commission recommends the following conditions of approval:

1. The special review approval is for the construction of an assisted living facility with 100 units in a first phase. The second phase, shown on the site plan, will require additional special review approval when the number of units in that phase is finalized.
2. The approval is limited to Lot 1, Block 1 of Lenhardt Square Subdivision, 1^st Filing, generally located on S 44^th Street West.  
3. Increases in the number of units or the number of off-street parking spaces greater than 10% of the numbers shown on the site plan will require additional special review approval.
4. The site will be developed in substantial conformance with the submitted site plan dated 6-06-14. Minor modifications to the site plan are acceptable. The proposed Phase 2 shown on the plan will be subject to additional special review approval.
5. 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. 
6. 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.
7. The developer shall obtain the Reviewer’s written consent in accordance with Article IV.G. of the Planned Development Agreement for Lenhardt Square.

 **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 or zoning compliance permit level. This application is for a Special Review as noted above and no other request is being considered with this application. The use and development of the property must be in accordance with the submitted site plan.

If the special review request is approved, the proposed facility may be built. After construction, the added building value will increase the city's tax base.

This is a special review request to construct an assisted living facility in a multi-family district in the Lenhardt Square Planned Development zone. The underlying zoning allows up to 20 dwelling units per acre for residential use. An assisted living facility is not considered a multi-family residential use since additional services are provided to residents that can no longer live independently. The Planned Development zoning requires a special review for assisted living facilities that have more than 8 residents. The proposed use is for up to 100 units in the first phase of development with a second phase planned. The number of units for the second phase is not known at this time. The second phase would require additional special review approval when the number of units is determined. There are several assisted living facilities in this area of Billings including Highgate House, Morning Star, Tendernest and St. John’s Retirement Community. As the number of people age 65 and older increases, the demand for assisted living and similar supportive living facilities will increase. The population age 65 and older in Yellowstone County in 1990 was about 14,000, or 12% of the total population. In 2013, this population group increased to 23,000 or about 15% of the total population. Census projections estimate by 2030, persons over age 65 will approach 39,000 or 22% of the total population in Yellowstone County.
 
South 44^th Street West is a new subdivision road that will connect with Monad Road and continue through the adjacent subdivision to connect with Shiloh Road. Currently, there is a single connection with King Avenue West to the south. As additional dwellings, businesses, and building activity increases, traffic control may be required at this intersection. The intersection of Monad Road and Shiloh is controlled by a traffic roundabout. Traffic counts on King Avenue West at the intersection of S 44^th Street West are about 6,400 vehicles per day and on Shiloh Road at the King Avenue West roundabout averages more than 10,000 vehicles per day. Any additional traffic from the proposed use will be primarily from employees, visitors, and deliveries since most of the residents will no longer be driving. The site plan shows at least 55 off-street parking spaces. The site plan shows the facility as a single, 2-story structure and complies with the Planned Development zoning regulations for height, setbacks and lot coverage. Additional site characteristics such as signage, lighting, landscaping, and building design will be reviewed at the time of building permit submittal. The Planned Development zoning has specific requirements for these types of facilities.

The Planning Division reviewed the application and recommended conditional approval to the Zoning Commission. The Zoning Commission concurred with this recommendation.

The Zoning Commission conducted a public hearing on July 1, 2014, and received the staff recommendation and testimony from the applicant's agent, Pat Davies, P.E. of Sanderson Stewart. William Cole, Cole Law Firm, provided testimony on behalf of the Lenhardt Square Planned Development owners. No other testimony was received. Mr. Cole suggested a 7th condition of approval to the Zoning Commission to ensure the developer receives the Reviewer's approval for the special review. Mr. Cole pointed out this is a special condition required by the Lenhardt Square Planned Development zoning. The Zoning Commission closed the hearing. Member Barbara Hawkins made a motion to adopt the findings of the 3 criteria and recommend conditional approval with the addition of the proposed condition #7. The motion was seconded by Mike Boyett. The motion was unanimously approved.  

The Consistency with adopted Policies or Plans is discussed in the Alternatives Analyzed section above.