Special Review #922:  This is a special review request to allow a new 100 foot wireless communication tower and ground equipment within 1 mile of another communication tower over 50 feet and a special review to allow a new wireless communication tower over 50 feet in a Public (P) zoning district at the Billings Airport. The property is directly adjacent to an existing 100-foot wireless communication tower owned by Verizon Wireless. The tower is on a proposed lease parcel of 4,200 square feet within Tract 1 of C/S 2334 generally located at 284 Southview Drive just north of Highway 3. The intended lease holder is Network Information Systems and the agent for the City of Billings is Tom Binford, Aviation and Transit Director.

The Planning Division is recommending conditional approval and a waiver of the 1-mile separation requirement based of the findings of the 3 review criteria for Special Review #922.  

OWNER: City of Billings - Airport
AGENT: Tom Binford, Aviation and Transit Director; Johnathon Robison, Network Information Systems
LEGAL DESCRIPTION: a 4,200 square foot portion of Tract 1, C/S 2334
ADDRESS: generally located at 284 Southview Drive
CURRENT ZONING: Public
EXISTING LAND USE: Various aviation related buildings and 1 wireless communication tower (Verizon Wireless)
PROPOSED USE: same with 1 addition 100-foot wireless communication tower
SIZE OF PARCEL: 4,200 square feet

None.

• Variance #796 - Use of Land Contrary to Zoning - to allow the construction of a canopy within the required setback for the Peter Yegen Museum. Public comment hearing held on April 6, 1999.
• Variance #1029 - Use of Land Contrary to Zoning - to allow the construction of a 7-foot tall security fence with barbed wire along the airport property line. Public comment hearing held on June 4, 2008.

NORTH:	Zoning: Public Land Use: Airport land and runways
SOUTH:	Zoning: R-96 Land Use: Highway 3 and vacant land
EAST:	Zoning: Public Land Use: TSA Administration Building; Verizon Wireless tower
WEST:	Zoning: Public Land Use: Airport land

The City of Billings Airport has requested this special review on behalf of Network Information Systems, the potential lease holder of a new wireless communication tower on Southview Drive, south and west of the main airport property. The proposed location is directly adjacent to an existing 100-foot wireless tower owned by Verizon Wireless and a water reservoir owned the City of Billings. To the east is the Transportation Security Agency administration building. The property is zoned Public and is surrounded by Airport land. To the south is Highway 3 and private property that is undeveloped.

Verizon Wireless has no additional space on their facility to accommodate antennae from Network Information Systems. Network Information Systems intends to supply reliable data services to Billings businesses as an independent provider not associate with a large carrier. The proposed tower will be of heavier construction to accommodate larger antennae as well as more antennae. The proposed location has existing tall structures and the proposed additional tower should not have the same visual impact as a undeveloped location at the Airport. A special review is required for all wireless towers over 50 feet in height and a waiver of the required 1-mile separation distance to another wireless tower over 50-feet in height. The applicant is also requesting to install fencing identical to the Verizon Wireless tower, and no landscaping surrounding the fence. The proposed landscaping would appear out-of-place given the existing Verizon Wireless tower and water reservoir have no landscaping other than prairie grass and gravel.

The site plan submitted with application shows a lattice-style tower with the ability to mount several antennae. The tower will be constructed on an 18-foot by 18-foot concrete pad. The existing fence around the Verizon Wireless tower will be removed on the north and west side and moved to enclose the 4,200 square foot leased property. A new 12 foot gate will be installed to provide access to both towers and the ground equipment buildings. Access to the site from Southview Drive is a gravel road.

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 a wireless communication tower over 50-feet may be allowed by special review approval. The proposal appears to meet all of the zoning requirements of Section 27-620 related to wireless communication facilities and has requested a waiver of the 1-mile separation distance as well as the landscaping requirement for an evergreen hedge outside the fencing. The application also conforms to the second and third criteria. The zoning regulations adopted by the City Council have designated zoning districts and adopted standards for approving wireless communication facilities based on location, height and appearance. The purpose of the these regulations is to minimize the visual impact of these facilities while providing wireless access for all customers. The proposed location is in an area where there is an existing wireless tower and a water reservoir so the visual impact of this new facility will be minimized while providing additional wireless service to the community. A lease agreement has been prepared (draft) that will specify conditions and details between the lease holder and the City of Billings. There are no surrounding sensitive land uses such as residences that would require screening and buffering. 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. The proposed conditions of approval are similar to previous special reviews granted for wireless communication facilities.

The Planning Division recommends approval, subject to the following conditions:
1. The special review approval is for the construction of a 100-foot tall wireless communication facility and ground base equipment shelter.
2. The approval is limited to the proposed 4,200 square foot lease parcel as shown on the submitted site plan dated March 11, 2014, generally located at 284 Southview Drive in Tract 1, C/S 2334.
3. Minor modifications of the tower are allowed as follows: the addition of more antenna arrays, so long as the addition of the antenna arrays add no more than twenty (20) feet in height to the facility and the increase in height of the support structure is no greater than ten (10) percent.  Placement of additional antennae, up to the number the antenna support structure was originally designed to accommodate, shall be considered a minor modification.
4. The site will be developed in substantial conformance with the submitted site plan dated March 11, 2014. Minor modification of the site plan are allowed within the proposed 4,200 square foot lease area.
5. The site is granted a waiver of the 1-mile separation distance to another wireless communication facility over 50-feet in height (BMCC 27-620(g)11) since it is technically infeasible to place the required antennae on any existing tower within 1 mile or to re-locate the facility to another location 1 mile or more from the proposed location. 
6. A building permit must be applied for within six (6) months of special review approval and the project shall be completed within one (1) year from the date the special review is granted by the City Council
7. 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.
8. 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.