Return Item - City Special Review 953 – 4135 Grand Avenue – Wireless Communication Facility – A special review request (27-620(d)1.) to allow an 80-foot monopole and wireless communication facility in a Residential 9,600 zone on a church property legally described as C/S 1876, Tract 3A1, a 1.844 acre parcel of land generally located at 4135 Grand Avenue. Tax ID: D04742
Presented by Nicole Cromwell, Zoning Coordinator

Planning staff recommends conditional approval and adoption of the findings of the 3 criteria.

OWNER: King of Glory Lutheran Church
AGENT: Kevin Howell, Digital Skylines
LEGAL DESCRIPTION: C/S 1876, Tract 3A1
ADDRESS: 4135 Grand Avenue
CURRENT ZONING: R-96
EXISTING LAND USE: Vacant with utility infrastructure
PROPOSED USE: Same with 80-foot monopole and ground facilities
SIZE OF PARCEL: 1.84 acres

None.

Subject Property - The King of Glory Church received a special review approval in 2008 to expand the building. The property was annexed in 2004.

Surrounding Property - A special review request in 2000 to locate a 120-foot wireless facility at the sub-station located on Tract 4B of C/S 1876 (north west of subject property) was denied by the County Commissioners. At the time, the BOCC the 120-foot tower would be too intrusive on the adjacent residential uses.

NORTH:	Zoning: R-96 Land Use: King of Glory Church
SOUTH:	Zoning: A-1 Land Use: Agricultural uses
EAST:	Zoning: CC Land Use: New LP Anderson Tire Shop
WEST:	Zoning: R-96 Land Use: Low density residential homes

This is a special review request to construct a new wireless facility on property owned by the King of Glory Lutheran Church at 4135 Grand Avenue. The proposed mono-pole tower will be 80 feet in height and there will be an equipment shelter on the leased ground around the tower. The lease area is in the southwest corner of the property and is 25 feet by 50 feet (1,250 square feet total). Northwestern Energy maintains significant over head power lines in the area connecting to the substation to the north west (1565 43rd St West). There are no wireless antennae support facilities over 50 feet in height within 1 mile of the proposed location. The applicant, Digital Skylines on behalf of Verizon Wireless, states the ability to serve this growing area of Billings is tenuous. The need for the new facility is to ensure reliability of service in the future and to increase capacity.

Grand Avenue is a principal arterial street with a growing traffic demand. It currently handles over 10,000 vehicle trips per day. New subdivisions, a new grocery store at 54th St West and a new middle school at 56th St West and Grand Avenue will add to the traffic in the area. New multi-family apartments are under construction at 41st St West just north of the church. The applicant states many residents are eliminating their land line phones and using only wireless service for phone service. This is increasing demand on existing capacity. Residents without land lines in their homes will only be able to contact emergency services using their wireless devices. Reduced capacity in the wireless network could impact public safety services.

There are no nearby residential structures. The tower will be located at the proper setback from the west property line - 40 feet. Towers located adjacent to residential zones must be setback at least 1/2 height of the tower. The power line poles along the front of Grand Avenue are 70 feet tall. The power lines turn north at the west edge of the subject property. The proposed wireless support structure will be 10 feet taller than these power poles and will not impinge on the existing view-shed of this area on Grand Avenue. The ground equipment shelter will be about 10 feet by 16 feet. A vinyl privacy fence is proposed to surround the leased area. Due to its location on a high visibility transportation corridor, the Planning staff will be recommending a different type of security wall as one of its conditions.

The Planning staff has reviewed the proposed location for the wireless antennae support structure and ground facilities and is recommending conditional approval. 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 2016 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 the zoning regulations adopted by the City Council have designated that any wireless facility that does not conform to certain provisions of Section 27-620 may apply for a special review. The property is not a school, government or government utility site where wireless facilities may be allowed by right. The proposed facility meets all the requirements of the zoning regulations except for the required landscaped hedge on the exterior of the security fencing. There is no water on the proposed location. The applicant is proposing instead a privacy fence. The Planning staff is proposing a different type of wall.

The application meets criteria from the second requirement as it is consistent with some of the objectives of the 2016 Growth Policy:
Essential Investments: Neighborhoods that are safe and attractive and provide essential services are much desired.
The proposed special review will provide reliability to an essential service in West Billings neighborhoods. Many homes and even businesses are removing land line services and relying on wireless communications.
Strong Neighborhoods: Neighborhoods that are safe and attractive and provide essential services are much desired.
The proposed special review will allow the applicant to remain outside of the denser residential areas to the north and west while still providing an essential service to those areas. This stretch of Grand Avenue is already visually compromised by the 70 foot tall power poles that run along the front and west side of this property.

The application also meets the third criteria in that it is compatible with surrounding land uses in the area. This site is in a transitional area of Billings, with residential uses to the north and west, agricultural uses to the south and commercial services to the east. There are minimal impacts from the proposed use that need to be mitigated. The conditions recommended with the special review should mitigate impacts on the site and the surrounding properties.

PROPOSED CONDITIONS

1. The special review is limited to the proposed 80-foot mono-pole, the ground equipment shelter and ancillary equipment necessary for the operation of the wireless facility on Tract 3A1 of C/S 1876 specifically on the proposed 1,250 square foot leased area as shown on the submitted site plan, generally located at 4135 Grand Avenue. No other use is intended or implied.
2. The mono-pole will be constructed of a matte-finish material.
3. The proposed 6-foot vinyl privacy fence shown on the site plan is not approved. This fence will be replaced by a wall with a 6-foot minimum height, constructed of concrete masonry units (CMU), with an engineered stone cladding or veneer on the exterior that resembles a stacked sandstone similar in color and tone to the natural sandstone rimrocks to the north and west. The sight-obscuring gates may be constructed of a complementary material and color to the stone veneer. The applicant will submit a detail sheet with the building permit drawings showing compliance with this requirement. 
4. Any back-up generator on site will use "whisper quiet" technology so adjacent land uses are not disturbed.
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.

**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.

Zoning Commission Action
The City Zoning Commission shall make a recommendation to the City Council to:
1. Deny the application for a special review use.
2. Grant the application for a special review use.
3. Conditionally grant the application for a special review use.
4. Delay action on the application for a period not to exceed thirty (30) days.
5. Give reasons for the recommendation.
Before recommending approval of a special review use, the Zoning Commission shall find that the contemplated use:
1. Complies with all requirements of this Article (27-1500);
2. Is consistent with the objectives and purposes of Chapter 27 and the Comprehensive Plan;
3. Is compatible with surrounding land uses or is otherwise screened and separated from adjacent land in such a way as to minimize adverse effects.

Further the Zoning Commission shall consider and may impose modifications or conditions concerning, but not limited to the following:
1. Street and road capacity;
2. Ingress and egress to adjoining streets;
3. Off-street parking;
4. Fencing, screening and landscaping;
5. Building bulk and location;
6. Usable open space;
7. Signs and lighting; and/or
8. Noise, vibration, air pollution and similar environmental influences.

Planning staff recommends conditional approval and adoption of the findings of the 3 criteria.