Special Review #960 - 1150 Wicks Lane - A special review request to allow the location of a 60-foot wireless communications facility with microwave dishes and a future 16-foot Omni antennae in a Public (P) zone on C/S 1904, a 5.74-acre parcel of land. This 60-foot wireless facility is within 1 mile of 4 other wireless facilities over 50 feet in height. A waiver is required from the 1-mile separation requirement. Tax ID: D13138G. Presented by Karen Husman, Planner I

Conditional approval.

OWNERS:                           North Western Energy
AGENT:                               John J. Enright
PURPOSE:                          Addition of a 60-foot communications facility with microwave dishes & future 16’ Omni antennae
LEGAL DESCRIPTION:        C/S 1904
ADDRESS:                          1150 West Wicks Lane
EXISTING LAND USE:          Power Substation
PROPOSED LAND USE:      Same with added communications facility
EXISTING ZONING:              Public

None

Subject Property- None
 
Surrounding Property- Special Review #211 to allow an electrical substation site on C/S 1463, C/S 1462 & C/S 13 was approved by the City Council in 1984. This substation has not been constructed - but would be located at 1011 and 1017 Wicks Lane (east of Main Street). Special Review #243 was conditionally approved by the County Commissioners to allow a 100-foot monopole wireless communication tower directly west of the subject property. This was constructed and is visible in the attached photos.  The County Commissioners also approved Special Review #270 to allow a 250-foot high wireless communications tower and creation of a tower farm also directly west of the subject property in 2001.

NORTH:   Zoning:      R-96 & Public
                  Land Use:  Vacant & Skyview High School Track and Tennis Courts
SOUTH:    Zoning:      RMF-R & Public
                  Land Use:  Vacant - Agricultural leased State Land
EAST:       Zoning:      RMF- R
                  Land Use:  Vacant - Agricultural leased State Land
WEST:      Zoning:      RMF-R & Public
                  Land Use:  Vacant - Agricultural leased State Land

This is a special review request for the Northwestern Energy substation at 1150 West Wicks Lane to allow the location of a 60-foot wireless communications facility with microwave dishes and a future 16-foot Omni antennae in a Public (P) zoning district. The subject property is about 5.74 acres. This 60-foot wireless facility is within 1 mile of 4 other wireless facilities over 50 feet in height. A waiver is required from the 1-mile separation requirement (Sec. 27-620.g.11). In an effort to provide the best utility services to the City of Billings, Northwestern Energy needs this facility to operate protective relay circuits to deal with various line faults, should they occur. The new tower is for exclusive use by  NWE and is not for outside companies to use for cellular antennas. The new facility will be within existing substation property, on Wicks Lane near the cross street of High Sierra Blvd. The new wireless communication facility (tower and equipment shelter) will be contained entirely in the existing substation fenced area. 

The Planning staff has reviewed the proposed location for the wireless facility 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 the zoning regulations adopted by the City Council have designated any wireless facility that does not conform to certain provisions of Section 27-620 may apply for a special review. The tower height exceeds 50 feet so it requires a special review approval. The proposed facility appears to meet 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. The public will be better served because this improved capability will allow North Western Energy better control of their facilities, improved routing of electrical power, and more reliability to provide power.

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 in Billings Heights has surrounding un-developed residential zoning with residential neighborhoods further east and north. There are minimal potential impacts from the proposed use given its location in proximity with the electrical substation and other wireless towers. The conditions recommended should help to mitigate impacts on the site and the surrounding properties.
 
 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 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.

The Planning staff has reviewed the proposed location for the wireless facility and is recommending conditional approval and granting the waiver of the 1-mile separation from other wireless facilities that greater than 50-feet in height.

PROPOSED CONDITIONS

1. The special review is limited to the installation a 60-foot wireless communications facility with microwave dishes and a future 16-foot Omni antennae in a Public (P) zone on C/S 1904, a 5.74-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.