This is a special review to allow a retirement center with 15 units in a 16,438 square foot addition to an existing assisted living residence in a Residential 9,600 (R-96) zone on Lots 26 and 27, Block 2, Howard Heights Subdivision and additional land (13,151 square feet) from adjacent owners to the south and east, a 34,429 square foot parcel of land. The property received previous special review approval for an assisted living home in 2005. The owner is BLW Investments, LLC and the agent is AT Architecture, Inc. The Zoning Commission conducted a public hearing on March 3, 2015, and is forwarding a recommendation of conditional approval and adoption of the findings of the three criteria on a 4 to 0 vote.

The Planning Division reviewed the application and recommended conditional approval to the Zoning Commission. 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) 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 of the City of Billings. 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. The proposal is consistent with goals of the 2008 Growth Policy – specifically the goal of encouraging uses that are compatible with the character of the adjacent land use patterns. This site is adjacent to single family uses within the city limits and will share a common boundary with the Heights Baptist Church and Trinity Church of the Nazarene. There are minimal impacts from the proposed location of the assisted living facility that need to be mitigated by conditions of approval. The conditions recommended with the exception of condition 3 are standard conditions applicable to all special review approvals

The Zoning Commission recommends approval, subject to the following conditions:

1. The special review approval is for the expansion of an assisted living facility generally located at 72 and 77 Lily Valley Circle.
2. The approval is limited to Lots 26 and 27, Block 2, Howard Heights Subdivision, 10,576 sf and 7,865 sf (34,429 sf total) additional land from Churches.  
3. The property currently owned by the Heights Baptist Church and the Trinity Church of the Nazarene included in this site plan must be purchased and lot lines relocated before construction of the new addition can begin.
4. 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.
5. The site will be developed in substantial conformance with the submitted site plan dated 01-25-15. Minor modifications to the site plan are acceptable.
6. 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. 
7. 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 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.

There should be an increase in property value from the development of the assisted living center at this location. Additional city services will be provided such as police, fire, and other public safety services.

This is a special review request to expand an assisted living facility in a Residential 9600 district in the Howard Heights Subdivision. 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. There are several assisted living facilities in the Heights area of Billings. Most of them are smaller facilities with as few as 9 residents with others up to 30. There is one large facility at 1439 Main Street. Staff was able to identify 6 facilities with a search on the internet. Compared to the other areas of Billings, the Heights does not have a lot of options for assisted living facilities. 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.

This facility is in a residential setting where the residents can be in a less institutional feeling area. They are also located where there is a minimum of traffic. The proximity to social, community, and commercial services will allow the residents to exercise a modicum of independence. The site plan shows the same type and style of landscaping will be installed and there is also a fence along the southern edge of the proposed addition.

The Zoning Commission conducted a public hearing on March 3, 2015, and received the staff recommendation and testimony from the applicant's agent, AT Architecture about the proposed building and site.  The applicant, BLW Investments, also spoke about the project and the need for additional space. The applicant stated that they have a waiting list of people trying to take residence at the facility.  As part of the new construction, they are also providing two small apartments for family members from out of town to use when visiting family member staying at the facility.  There was also an employee for the facility that spoke in favor of the special review.  She spoke about the facility and the programs they provide for the residents to keep them active and interacting with others.
 
There were two individuals that spoke against the special review.  They felt there were other places in the Heights that were more appropriate for this type of facility and they didn't feel that the facility fit in the neighborhood because it is not an individual home.  They also felt the assisted living facility will devalue their personal home property.  The applicant's agent addressed their concerns about the appearance of the building, stating it will be no taller than any of the surrounding homes and that it will be well maintained and landscaped to have a good appearance and face in the neighborhood.

No other testimony was received. The Zoning Commission is forwarding a recommendation of conditional approval and adoption of the findings of the 3 criteria on a 4 to 0 vote.

The Consistency with Adopted Policies and Plans is discussed the Alternatives Analyzed section above.