The Planning Division reviewed this application and recommended 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 2008 Growth Policy, and 3) 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 meets required setbacks and does not exceed maximum lot coverage. If the proposed tower were 50 feet in height or less, a special review would not be required. The location is in one of the zoning districts that allows wireless communication towers by special review approval. The application is conforming to the purposes of the regulations and the 2008 Growth Policy. The height of the proposed wireless communication tower is not so great that it will be out of character in the area. This area of the EBURD is at the confluence of several arterial streets and near the entrance to Metra Park fairgrounds, Main Street access to Billings Heights, and Highway 87 East to Lockwood. The applicant has proposed the maximum height necessary to achieve better wireless communication performance in the immediate area. Wireless communication signals depend on line-of-sight between towers to avoid disruption of service while customers are travelling.

The application also conforms to the second and third criteria. The submitted drawing with this application appears to meet all zoning requirements for setbacks and lot coverage. The site plan does not show the required landscaping and staff proposed a condition of approval to address the issue. The applicant proposed an alternative 7-foot split-faced block wall in lieu of the chain link and perimeter evergreen hedge. The Zoning Commission agreed the block wall was preferrable and amended the recommended conditions. There is localized street and parking lot flooding in the area so a condition of approval is recommended to elevate the ground equipment shelter to prevent damage during these events.

The EBURD master plan indicates this eastern area as a potential new hospitality zone. The Planning Division along with Big Sky Economic Development Authority, the Billings Industrial Revitalization District (B.I.R.D.) property owners and Yellowstone County are pursuing funding to develop a more detailed implementation plan for this area. The installation of this wireless communication tower should not interfere or significantly affect this planning effort. If installed, the tower will need to be considered when planning new or taller structures so the height remains effective for the wireless providers.

The Zoning Commission voted 4-0 to recommend conditional approval and waiver of the 1-mile separation distance to another wireless facility over 50 feet in height. The recommended conditions address safety, drainage and protection of the EBURD master plan goals and objectives.

PROPOSED CONDITIONS
1. The special review approval shall be limited to the 2,400 square foot leased area shown on the site plan for a portion of Lots 14-26, Block 2, Industrial Subdivision located in the 900 block of 2nd Avenue North.
2. Any expansion of the proposed ground equipment building, relocation to another area on the property, or the addition of tower height more than 10% of the proposed 60-foot height will require an additional special review approval.
3. The development of the wireless communication tower and ground equipment shall be in substantial conformance with the submitted site plan with any exceptions noted in the conditions.
4. All new site lighting on the building and within the fenced lease area shall have full cut-off shields so lighting is projected to the ground and not on to adjacent properties. Lighting on the tower structure shall conform to all FAA/FCC standards that apply. The tower shall have a red light installed that will operate only during non-daylight hours.
5. The owner shall provide a 7-foot, split-face block wall around the leased area with a closing gate in lieu of a chain link fence with perimeter landscaping. 
6. The footing and foundation pad under the equipment enclosure shall be elevated above current grade to prevent to the maximum extent possible any street or parking area flooding from equipment damage or disruption of service.
7. The applicant shall submit a building permit for the facility within 6 months of this approval and complete the construction project within 12 months of approval. The City Council has the options of granting one (1) 6-month extension of time to start construction. A failure to begin or complete the project as approved will void the approval and require a new application for this location.
8. 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.
9. 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.

The installation of the wireless facility should increase the tax base in the area. The incremental increase will assist in providing funds for improvements in the East Billings Urban Renewal District.

This is a request for a special review to allow the construction of a 60-foot wireless communication tower on the south side of 2nd Ave North between North 9th Street and North 10th Street. The property is zoned CI and has a gravel parking lot that is sometimes used for parking but is primarily vacant land. The property is within the East Billings Urban Renewal Tax Increment Finance District and the East Billings Parking Overlay District. Most surrounding property is used for warehousing, office space, as well as automobile or equipment specialties including painting, parts and repair. The area may be included in future planning efforts to implement the adopted master plan for the EBURD that includes a focus on hospitality services. The area includes all city services although street pavement and storm drainage is substandard.

The proposed 60-foot tower is within 1 mile of another wireless communication tower over 50 feet in height and will require the waiver of the required separation distance. The applicant has provided written verification and justification for the addition of this tower at this location. The proposed construction type will be a three-leg lattice tower with a small ground equipment installation. The tower will be used initially by Verizon Wireless to enhance service in this area of the city and county.

The City has not reviewed an application for a new wireless communication tower since September 2006. The 2006 tower was constructed near the intersection of Main Street and Roundup Road. Many of the towers constructed in the last 10 years can accommodate additional equipment and the Planning Division reviews the co-location of equipment on existing tower structures. Section 27-621 of the zoning regulations is specific on tower construction standards including setbacks, separation distances, landscaping and buffering.

The Zoning Commission conducted a public hearing on October 5, 2010, and received the staff recommendation and testimony from the landowner's agent, Kevin Howell of Digital Skylines. In addition, written testimony was received from Converse Properties, a surrounding property owner. Cliff Hansen of 1251 Lonesome Pine, a surrounding property, also provided testimony to the Zoning Commission.

Kevin Howell, agent for the landowner and applicant, stated the city requirement for a 1-mile separation was a reasonable regulation 10 years ago when a boom was occurring in wireless communications. Current loading of existing towers and their locations throughout a community can lead to capacity issues and this area does not provide seamless coverage for handling calls from other Verizon equipment. Mr. Howell stated each Verizon tower can handle about 200 calls at a time and is limited in its capacity. Mr. Howell stated the engineers for Verizon have determined that a 50-foot tower height is not as effective as a 60 foot height at this location. Mr. Howell stated each tower installed is an infrastructure investment of about $600,000 to $750,000 and Verizon intends to install up to 4 new towers in the Billings area and 12 new towers in the Bozeman area within the next year just to handle its capacity challenges. Mr. Howell stated he would like to change the condition for perimeter landscaping around the proposed chain link fence to a split-face block wall. He stated Verizon would not object to landscaping however maintenance of the landscaping is not a strong point for his company. Mr. Howell stated the back-up power generator for the ground equipment was initially designed for diesel fuel but high groundwater in the area may make propane a more appropriate fuel choice and the equipment location may move 3 to 4 feet to comply with fire codes. Mr. Howell stated he was amenable to the proposed conditions.

In response to a question from Commission member Ed Workman, Mr. Howell stated the electromagnetic field generated by the equipment should not have any health effects on the surrounding property owners or the people working in the area. Mr. Howell stated the federal government has reviewed the health effects and Verizon will comply with all FCC regulations pertaining to this issue.
In response to another question from Mr. Workman, Mr. Howell stated a 60-foot height was supported by the Verizon engineers for radio frequency capacity concerns and the additional 10% height allowed after approval was intended to provide flexibility for other carriers to co-locate on new towers but not necessarily for the original applicant.

In response to a question regarding the noise from the back-up generator, Mr. Howell stated Verizon specifies a "whisper" type generator. The daily noise from the facilities is from the air conditioning units - in this case two 5-ton units. Mr. Howell stated a 5-ton air conditioning unit is typically used in larger single family homes. The back-up generator would be exercised once-per-week for 20 minutes to ensure it is operating. Mr. Howell stated with the perimeter block wall, additional noise in the area would not be noticeable. In response to a question from member Dan Wagner, Mr. Howell stated Verizon did not believe lighting the tower would be necessary. Mr. Howell stated the daytime strobe lights on taller towers can be a nuisance to surrounding owners. Mr. Howell stated if local information indicated a need to light the tower, Verizon would have no objection. Mr. Howell stated in his 10+ years working with Verizon he has helped install over 1,000 towers and each one has distinct local conditions. In response to a question from Chairman Dailey, Mr. Howell stated air rights are not regulated by the local City Code. Mr. Howell stated a full title report was provided that outlined surface rights to the property. Mineral rights should not be affected by the towner installation. In response to a question from Chairman Dailey, Mr. Howell stated Verizon has not experienced a lot of vandalism at its facilities. The perimeter fencing or block walls are a deterrent but a determined person could get inside. Mr. Howell stated the equipment enclosures are made to withstand unauthorized access and attempts to damage the equipment. Mr. Howell stated the newer equipment enclosures are hardened steel. Mr. Howell stated Verizon will likely begin the building permit process in the 1st quarter of 2011.

Cliff Hansen stated he does not object to the location of the cell tower but he was concerned that adequate conditions are put in place to protect surrounding properties. Mr. Hansen urged the Commission to not require any lighting on the tower especially the daytime strobe light. He said this would seriously impact future hospitality uses such as restaurants and hotels. Mr. Hansen was concerned the power of the radio frequency signal would over-power competitors signals and cause coverage limitations. Mr. Hansen stated he thought the waiver of the 1-mile radius separation was appropriate in this case. Mr. Hansen stated he was concerned about the lack of landscaping and he asked the Commission to require much taller trees around the site such as 20 to 30 foot evergreen trees. He was concerned the tower should be visually obscured in this gateway area.

In response to the concerns from Mr. Hansen, Mr. Howell stated he agreed to not place a daytime strobe light on the tower unless required by the FAA or the FCC. Mr. Howell stated it was his understanding the tower is not tall enough to require this lighting. Mr. Howell agreed more tree cover in the area is desirable but the 2,400 square foot Verizon leased area is not the place to start placing 20 to 30 foot evergreen trees. Mr. Howell acknowledged that if a cell phone user with a competitor was standing directly underneath or within a few yards of this new tower, the Verizon signal may overpower the other carrier especially if the other carrier signal was weak. Mr. Howell stated Verizon radio frequencies are assigned by the FCC and Verizon always complies with the operating requirements.

Commission member Dan Wagner stated he would propose a condition to place a red light on the tower to operate during non-daylight hours. Mr. Wagner stated he was an ex-pilot and knows that aircraft sometimes fly over this area.

Commission member Barbara Hawkins made a motion to conditionally approve the special review and to approve the 1-mile radius separation distance. Ms. Hawkins motion included modification of the fencing and landscaping condition to allow a 7-foot split-face block wall and to place a red light on the tower to operate during non-daylight hours. The motion was seconded by Commission member Wagner. The Zoning Commission voted 4-0 in favor of the motion.

Please see the Alternatives Analyzed section of this report.