This is a special review request to allow a new 100 foot tall 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 Zoning Commission conducted a public hearing on February 3, 2015, and is forwarding a recommendation of conditional approval and adoption of the findings of the 3 criteria on a 4-0 vote.

The Planning Division reviewed the application and recommended conditional approval to the Zoning Commission. The Zoning Commission concurred with the staff recommendation and findings of the 3 criteria. 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 Zoning Commission 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.
 

If the Special Review is approved, the city will add to the revenues for the Billings Airport through a lease agreement with Network Information Systems.

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 by 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 associated 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 an 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 the 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 not be removed but an additional fence will be added for this new structure adjacent to the Verizon fence. A new 12 foot gate will be installed to provide access to new tower and the ground equipment building. Access to the site from Southview Drive is a gravel road.

The Zoning Commission conducted a public hearing on February 3, 2015, and received the staff recommendation and testimony from Johnathon Robinson, Network Information Systems and Marita Herold, Business Manager for Billings Airport. There was no other testimony.

Mr. Robinson stated he spent considerable time searching for an appropriate alternate site to accommodate his customer needs including asking for a colocation on the existing Verizon wireless tower at the site. He stated any other possible site was eliminated due to shadowing of the signal either above or below the rims, and capacity issues on existing towers. He stated he does have temporary equipment on a rooftop, but this set up cannot accommodate all the customers. He stated he will be a local competitive provider similar to Verizon, Century Link, or similar large corporate providers. He hopes to provide better more reliable service to Billings residents. In response to a question from Commission member Dan Wagner, he stated he hopes the new wireless tower will not reach capacity any time soon. He stated the tower he is proposing will be structurally heavy-duty to accommodate many antennae types and sizes. He stated the existing Verizon tower was constructed in either 1998 or 1999 and it is only recent development of 4G technology and widespread use of smart phones and tablets that Verizon has reached structural and engineering capacity on its tower. He stated once the special review is approved and the lease agreement with the City is approved he will begin construction.

Marita Herold stated the Airport started serious discussions with Network Information Systems about 2 years ago. Ms. Herold stated the lease agreement with Verizon is a 5-year agreement that requires Verizon to offer colocation for other providers if they have capacity to do so on their tower. Ms. Herold stated there was a colocation facility on Verizon's tower until recently. The colocation lease was not renewed by Verizon. She stated all approvals from the FAA have been obtained for the proposed new tower so there is compatibility between Airport operations and the wireless tower. She stated the facility will be unobtrusive in the proposed location considering the water tower and Verizon tower already in place. The Airport has seen the specifications for the fencing and native grass landscaping and this is acceptable. She stated the lease agreement includes both a per-square-foot lease fee and a per-antennae lease fee. In response to a question from Commission member Mike Boyett, Ms. Herold stated the Airport is not in danger of becoming a wireless tower "park". She stated there are currently 2 wireless towers on the Airport property and this would be a 3rd tower. Other locations on Airport property are incompatible with operations.

A motion to conditionally approve the request and adopt the findings of the 3 criteria was made by Dan Wagner and seconded by Mike Boyett. The motion was approved on a 4-0 vote.

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