County Special Review #331 – SW Corner of Shiloh Rd. & Central Avenue. A special review request to allow an electrical substation on a property located in a Residential Multi-Family (RMF) Zone, on Certificate of Survey 862, Parcel 1 & Amended Parcel 4, a 2-acre parcel of land generally located on the SW Corner of Shiloh Rd. & Central Ave. Tax ID: D00506A. Presented by Karen Husman, Planner I.
 

Planning Staff is recommending conditional approval based on the findings of the 3 review criteria for Special Review 331.
 

OWNERS: Yellowstone Valley Electric Coop.  
AGENT: Aura Lindstrand, Electrical Consultants, Inc.
LEGAL DESCRIPTION: Certificate of Survey 862, Parcel 1 & Amended Parcel 4  
ADDRESS: generally located on the SW Corner of Shiloh Rd. & Central Ave  
CURRENT ZONING: RMF  
EXISTING LAND USE: Vacant      
PROPOSED LAND USE: Electrical Substation  
SIZE OF PARCEL: 2 acres

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NORTH: Zoning: NC
Land Use: Commercial  
SOUTH: Zoning: R-96
Land Use: Residential
EAST: Zoning: PD
Land Use: Residential & Commercial  
WEST: Zoning: R-70
Land Use: Residential

The applicant is requesting a special review request to allow an electrical substation on a property located in a Residential Multi-Family (RMF) Zone, on Certificate of Survey 862, Parcel 1 & Amended Parcel 4, a 2-acre parcel of land generally located on the SW Corner of Shiloh Rd. & Central Ave.  The proposed substation will provide an upgrade in infrastructure for the YVEC service area and increase power reliability for customers, specifically those on the Billings west end to Laurel. 

The applicant is proposing a maximum height of 50-feet (potentially less) for the dead-end static mast on the site. All other site elevations will be significantly less than 50-feet.  Access to the substation will be from Central Avenue and constructed to City standards. Stormwater controls will include an infiltration trench along the northern boundary that will drain to a swale and retention pond located on site. An additional retention pond for the station yard will be located on the east side of the substation on the Shiloh Road frontage. 

There is existing landscaping on the property, and conditions will be recommended to mitigate and buffer the neighboring properties.  There are existing trees on the western portion of the site that will remain. The applicant is proposing low maintenance arborvitae shrubs and evergreen trees dispersed around the substation within the proposed station rock. Low maintenance vegetation is required for safety and maintenance, since the substation is unmanned and overgrown vegetation can cause a safety hazard. The majority of trees and shrubs will be located along the eastern, southern, and western property lines adjacent to Shiloh Road and the pedestrian pathway, and the residential property on the southern and western boundaries. Specific conditions have been requested to specifically address buffering.

The applicant contacted the Zoning Coordinator and requested to include a condition of approval that the onsite landscaping comply with the proposed Yellowstone County landscape ordinance. Landscaping requirements will be reviewed when the Zoning Compliance Permit is submitted, therefore a condition requesting landscaping on regulations that have not been created or approved could create problems in the future. To mitigate the long term impacts of this facility on the residential and commercial development surrounding it, staff proposes a solid wall be built around the station to screen the residences to the south and west, the neighborhood commercial property to the north, and the Shiloh Corridor with the multi-use pathway to the east. This is the same buffering approach that was used for the substation at the southeast corner of the intersection of Grand Avenue and 24th Street West, where a concrete wall and landscaping buffers the station on all sides where there is a mix of public streets, commercial and residential development.

The proposed substation is being constructed on a property adjacent to an existing transmission line corridor located on the west side of Shiloh Road. The substation will tie into the existing transmission line and provide power reliability to customers in the YVEC Service Area. YVEC has been in the process over the last several years of upgrading area substations and identifying properties where additional substations could be located.

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 Zoning Regulations, 2) The application is consistent with the objectives and purposes of the 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 zoning district where an electrical substation can be allowed by special review approval. The application also conforms to the second criteria. The zoning regulations adopted by the Board of County Commissioners have designated all zoning districts as locations where electrical substations may be allowed by special review approval.

The 2008 Growth Policy encourages new development that provide essential service to neighborhoods.  The new substations would provide an essential service to the properties in the surrounding neighborhoods.  The application also meets the third criteria in that it can be made somewhat compatible with surrounding land uses in the area through conditions that mitigate the impacts to the surrounding uses. This site is in an area of Yellowstone County that has the City almost entirely surrounding it, with residential zoning and residential uses to the south and west, future commercial development to the north, and a major transportation corridor (Shiloh Road) to the east. There are impacts from the proposed use that need to be mitigated. The conditions recommended with the special review should mitigate impacts from the site on the surrounding properties.

The Planning Division recommends conditional approval 
 
Planning Division is recommending the following conditions:

1. The approval shall be limited to Certificate of Survey 862, Parcel 1 & Amended Parcel 4, and generally located SW Corner of Shiloh Rd. & Central Ave, tax ID #D00506A.
2. This special review approval is for an electrical substation as requested. No other special review use is intended or implied by this approval.
3. The site will be developed in substantial conformance to the site plan submitted; the onsite landscaping shall comply with the regulations adopted and in effect at the time of the Zoning Compliance Permit application submittal, with the majority of trees and shrubs located along the eastern, southern, and western property lines adjacent to Shiloh Road and the pedestrian pathway, and the residential property on the southern and western boundaries.
4. The existing trees on the south side of the property shall be kept and maintained and the existing tree stumps on the sw corner shall be removed and replaced with trees creating a continuous buffer from the residential properties.
5. To mitigate the long term impacts of this facility on the residential and commercial development surrounding it, a solid wall will be built around the station to screen the residences to the south and west, the neighborhood commercial property to the north, and the Shiloh Corridor with the multi-use pathway to the east.
6. A Zoning Compliance Permit must be submitted and obtained within one year of Special Review (SR) approval, and construction must be completed within three years of SR approval.
7. There will be no construction activities, including site preparation such as grading or digging prior to 7 a.m. or after 8 p.m. daily.
8. Failure to comply with these conditions of approval of the special review use shall be deemed a violation of the zoning regulations. Enforcement of the regulations and conditions shall be as set forth in Section 27-1600 et seq. of the Yellowstone County Zoning Regulations.
9. 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.  

**NOTE**     Approval of this Special Review does not constitute approval of a building permit, zoning compliance permit, sign permit, or fence permit. Compliance with all applicable local codes will be reviewed at the zoning compliance permit level.