A special review request as provided in Section 27-620(d)1.a. to install a roof-top concealed wireless facility 9 feet above the existing roof parapet in a Residential 9,600 (R-96) zoning district on Lot 1A, Block 4, High Sierra Subdivision, 2nd Filing, a 14.356 acre parcel of land. The proposed concealed wireless antennae installation will be on the north edge of the existing church roof with an equipment enclosure located on the ground to the north of the existing storage shed behind the church building. Tax ID: A30251. Presented by Karen Husman, Planner I.

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

OWNERS:                              Harvest Evangelical Church
AGENT:                                 Kevin Howell, representing Verizon Wireless
PURPOSE:                             to install a roof-top concealed wireless facility 9 feet above the existing roof parapet
LEGAL DESCRIPTION:      Lot 1A, Block 4, High Sierra Subdivision, 2nd Filing
ADDRESS:                            1235 Wicks Lane
EXISTING LAND USE:       Church
PROPOSED LAND USE:     Church
EXISTING ZONING:            Residential-9,600 (R-96)

None.

Subject Property – Special Review #734 to allow a church in R-9600, Special Review #783 to allow a temporary go cart track.
 
Surrounding Property – Records show there have been two special reviews approved in this subdivision, one for a senior living facility, and one for an aquatic facility associated with the church.

NORTH:   Zoning:      R-96
                  Land Use:  Vacant
SOUTH:    Zoning:   R-96
                  Land Use:  Residential single family    
EAST:       Zoning:      R-96
                  Land Use:  Residential single family
WEST:      Zoning:      R-96
                  Land Use:  Vacant agricultural

The applicant is requesting a special review as provided in Section 27-620(d)1. a. to install a roof-top concealed wireless facility 9 feet above the existing roof parapet in a Residential 9,600 (R-96) zoning district on Lot 1A, Block 4, High Sierra Subdivision, 2nd Filing, a 14.356-acre parcel of land. The proposed concealed wireless antennae installation will be on the north edge of the existing church roof with an equipment enclosure located on the ground to the north of the existing storage shed behind the church building.
 
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.  The applicant states the need to increase its capacity in north central Billings. Installation of new antennas along Wicks Lane will increase capacity and coverage in the Billing area, and specifically the growing area surrounding this street. Reduced capacity in the wireless network could impact public safety services. The proposed facility will consist of antennas located inside of an enclosure on the back part of the roof of the church and equipment cabinets located next to the storage shed behind the church building.
 
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.
 
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 Billings Heights 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 south and east while still providing an essential service to those areas.
 
The application also meets the third criteria in that it is compatible with surrounding land uses in the area. This site is in an area of Billings, with residential zoning surrounding and residential uses to the north and east, and properties to the north, south and west that are mostly undeveloped. 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 installation a roof-top concealed wireless facility 9 feet above the existing roof parapet in a Residential 9,600 (R-96) zoning district on Lot 1A, Block 4, High Sierra Subdivision, 2nd Filing, a 14.356-acre parcel of land. No other use is intended or implied.
2. Any back-up generator on site will use "whisper quiet" technology so adjacent land uses are not disturbed.
3. 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.
4. 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.