This is a special review request to allow a 50-ft. camouflaged wireless facility – a faux tree – next to a detached garage in a Residential Professional (RP) zone on Lot 4A2 of Blue Meadow Acreage Tracts, a 1.085-acre parcel of land. The ground equipment cabinet will be in an enclosure next to the garage. 

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: Kincaid Land, LLC
AGENT:  Verizon Wireless, Kevin Howell
PURPOSE: To allow a 50-ft camouflage wireless facility – a faux tree – next to a detached garage
LEGAL DESCRIPTION: Blue Meadow Acreage Tracts, Lot 4A2
ADDRESS: 2512 Shiloh Road
EXISTING LAND USE: Residential
PROPOSED LAND USE: Residential with wireless tower
EXISTING ZONING: Residential Professional -RP
  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 the Billings west end neighborhoods. Verizon Wireless needs to increase its capacity in this area of Billings.  

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 area while still providing an essential service to those areas. Conditions are being recommended to buffer neighboring properties from adverse impacts. Sight obscuring screening will be required to disguise the entire equipment cabinet. 

Any site improvements will adjust the taxable value and property tax revenue from the property will increase. 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. 

This is a special review request to allow a 50-ft camouflage wireless facility – a faux tree – next to a detached garage in a Residential Professional (RP) zone on Lot 4A2 of Blue Meadow Acreage Tracts, a 1.085-acre parcel of land. The ground equipment cabinet will be in an enclosure next to the garage.  
 
The Planning staff reviewed the proposed location for the wireless facility and recommended conditional approval. The Zoning Commission concurred with the Planning staff's 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 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.

The Zoning Commission conducted a public hearing on June 5, 2018, and received the staff recommendation and testimony from the applicant's agent, Kevin Howell, Digital Skylines.  Mr. Howell said Verizon is behind schedule to build capacity and this would serve the neighborhood.  The facility is needed to accommodate the elevation increase from Poly Drive to Grand Avenue.  They intend to provide screening for the mechanical equipment and its cabinet so that it can not be seen from the neighboring properties.  Commissioner Mariska asked if there would be a light on the tower.  Mr. Howell said they had no intention to put a light on it unless the FAA required it.  There were no members of the public present to speak in favor or in opposition of the application.

The Zoning Commission closed the hearing and a motion was made by Commissioner Ulvestad to recommend conditional approval and adoption of the findings of the 3 criteria for Special Review 965. The motion was seconded by Commissioner Larson and the motion passed with a 4-0 voice vote.

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