A special review request, as provided in Billings Code 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 Zoning Commission conducted a public hearing on October 3, 2017, and is forwarding a recommendation of conditional approval.
 
Special Review applications are reviewed using City Code criteria referenced in the Alternatives Analyzed section of this memo. Special Reviews do not require an ordinance for approval, are not zone changes on property; rather, are tied to specific uses that are allowed in a given zoning district but are subject to a review by the City prior to the use being allowed. Special Reviews, unlike zone changes, may be conditioned to mitigate possible impacts from the use on the subject property or surrounding properties.

City Council may:

• Approve the request;
• Conditionally approve the request;
• Deny the request;
• Allow the applicant to withdraw the request; or
• Delay action on the request for up to 30 days.

APPLICATION DATA
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
SIZE OF PARCEL:                   14.356 acres
 
The Planning staff reviewed the proposed location for the wireless antennae support structure and ground facilities and recommended conditional approval. The City Zoning Commission concurred with the staff recommendation. 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.
 
Recommendation
The Zoning Commission is forwarding a recommendation of conditional approval, with the following conditions:

1. The special review is limited to installing 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.

 

If the special review is approved a small amount of value will be added to the City's tax base. If the special review is not approved, the property may remain as it is and not increase any taxable value. However, churches are normally not subject to property taxes depending on their tax status.

This is a special review request 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 current 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.  Installation of new antennas along Wicks Lane will increase capacity and coverage in the Billing area, and specifically the growing area surrounding this subdivision. 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.

The Zoning Commission conducted a public hearing on October 3, 2017, and received the staff report and recommendation as well as testimony from the applicant’s agent, Kevin Howell form Digital Skylines.  There was no one present representing the property owner. Mr. Howell stated he represents Verizon Wireless for this application.  There is a need in Billings for additional capacity.  The majority of band width is required from after school gets out to midnight.  Although there is coverage in the area, demand raises in the evening and slows down quite a lot because of the use. Currently, 50% of households no longer have a land line but use cell phones only, according to Mr. Howell.  With the facility placed on the church roof, it is on the high point of the hilly area and the carrier will able to get high enough to have a clear signal.

Commission Members asked what determines capacity. Mr. Howell stated that the capacity is tied to number of users, so for example if one tower can handle 5,000 users in a densely populated area, it would cover a smaller geographic area than the same tower in a suburban low density area.  
 
Commission Members asked if the enclosure would inhibit the signal strength. Mr. Howell said the enclosure is fiberglass that is painted to match the building, and would not inhibit the signal. The Commission Members commented on the clean look of the enclosure and indicated it would be a nicer way to have cellular towers. Mr. Howell said they are looking into other similar locations and churches for the roof top design.
 
The public hearing was opened and one member of the public spoke regarding this special review application.  The comments included concern with the church getting to use the property different than what is allowed in the district.  There was concern the special review would change the zoning on their property or affect their property in some way.  Staff explained the special review, if approved, would not change the zoning, and would not change or affect their property, this would only allow the tower on the subject property.
 
The public hearing was closed and Commissioner Boyett made a motion to forward a recommendation to the City Council to approve Special Review 957 with the stated conditions. It was seconded by Commissioner Larson and passed with a 5-0 voice vote.

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