This is 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.  The Zoning Commission conducted a public hearing on December 5, 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 to determine if any mitigation is needed. 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 
• Delay action on the request for up to 30 days

APPLICATION DATA
OWNERS: North Western Energy
AGENT: John J. Enright
PURPOSE: Addition of a 60’ communications facility with microwave dishes & future 16’ Omni antennae
LEGAL DESCRIPTION: CS 1904
ADDRESS: 1150 West Wicks Lane
EXISTING LAND USE: Commercial
PROPOSED LAND USE: Commercial
EXISTING ZONING:   Public
 
The Planning staff has reviewed the request and the City Zoning Commission held a public hearing on December 5, 2017, and is forwarding a recommendation for 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 Zoning Regulations, 2) The application is consistent with the objectives and purposes of the 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 City of Billings 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 is in an area of Billings with residential zoning and residential uses to the north and east, and properties to the 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.

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. 

The new tower will be on the existing substation on Wicks Lane, near the cross street of High Sierra Blvd., and will be contained entirely in the existing fenced area.  NWE needs this microwave facility to operate protective relay circuits to deal with various power line faults, should they occur. The public will be better served because this improved capability will allow NWE better control of their facilities, improve routing of electrical power, and more reliably provide electrical power to the City and the area residents.

The special review approval would allow addition of a new 60' lattice communications tower to accommodate microwave dishes, and, in the future, one 16-foot omni-antenna for internal communication. The special review is necessary because the height of the new tower is 26 feet taller that the 50 height allowed by right. The request for this height is necessary to obtain a clear microwave path for the control of NWE's electrical equipment.

The Zoning Commission conducted a public hearing on December 5, 2017, and received the staff report and recommendation as well as testimony from the applicant’s agent, John Enright.  

Commission members asked for clarification of the restriction of the one-mile separation for the wireless facility.  Staff clarified the reason for the separation was established to encourage utilities to build fewer towers and share space on them.  The proposed tower in this case is specifically for the use of NWE and would only be utilized by the company.

Mr. Enright explained the use of the tower and the need for NWE to have the tower in order provide services to the area residents and businesses. Commission Members asked if there were existing similar towers in the Billings area.  Jack Raty with NWE said they have several towers in the area, two of those with the microwave dishes and omni-antennas. 

The public hearing was opened but no one spoke regarding this special review application.  

The public hearing was closed and Commissioner Larson made a motion to forward a recommendation to the City Council to approve Special Review 960 with the recommended conditions, it was seconded by Commissioner Boyett and passed with a 4-0 voice vote.

Discussion of the application's consistency with adopted plans and policies, including the City of Billings 2016 Growth Policy, is included in the Alternatives Analyzed section of this memo.