County Special Review 335- 6200 S Frontage Rd.-  A special review request to allow a 10-foot extension of an existing 110-ft tall Wireless Communication Facility (WCF) support structure, in a Heavy Commercial (CX) zone district, on leased area of 2,280 square feet in C.O.S. 2038, PARCEL 1A, AMD.  Tax ID: D01913A (land) and I00168 (WCF)
Presented by; Karen Husman, Planner I

The Planning Division recommends conditional approval, based on the nine review criteria detailed in the Summary section of this memo.

PROPERTY OWNERS:       Sharon Ingraham
AGENT:       Zach Phillips, Crown Castle                            
LEGAL DESCRIPTION:     C.O.S. 2038, PARCEL 1A, AMD
ADDRESS:     6200 S Frontage Rd                        
CURRENT ZONING:    Heavy Commercial (CX) 
EXISTING LAND USE:     Wireless Communication Facility (Cell Tower)
PROPOSED LAND USE:      Wireless Communication Facility (Cell Tower extension in height)    
SIZE OF PARCEL:     Leased area 2,280 square feet                

None.

See attachments.

NORTH:        Zoning:            CX & RR1
                      Land Use:     Residential/Agriculture
SOUTH:         Zoning:         CX
                       Land Use:       Trucking company
EAST:             Zoning:           CX
                       Land Use:        Agricultural/Vacant
WEST:            Zoning:            CX
                       Land Use:        Trucking company

This is a special review request to allow a 10-foot extension of an existing 110-ft tall Wireless Communication Facility (WCF) support structure, in a Heavy Commercial (CX) zone district, on leased area of 2,280 square feet in C.O.S. 2038, PARCEL 1A, AMD. To add to the height of this tower as proposed, a Special Review is required. Crown Castle has been informed of the Special Review process previously for this location in 2021 for adding height to the tower that would have exceeded 10% and would have required a Special Review. At that time, the tower was extended only 10’ to avoid a Special Review and submitted as a minor modification. Now, given the cumulative language in our regulations, it can’t be done again so, the Special Review is required under our County Zoning regulations for wireless communication facilities and how that governs tower height.

Modifications of existing broadcast facilities that meet the requirements of the Minor Modification regulations can be approved, so long as the addition of the antenna arrays add no more than 20 feet in height to the facility and the increase in height of the support structure is no greater than 10 percent.  The existing site was granted an extension on February 25, 2022, under the minor modification requirement allowance approved under Zoning Compliance Permit PLNX-21-04851.  This approval triggers the requirement for the request for an additional extension to have an approved Special Review under Section 27-1007.A.7(b) "Major modification". Major modifications to antenna support structures permitted under these regulations shall be approved through a special review. Major modifications are any that exceed the definition of minor modifications.  

STAKEHOLDERS
Planning staff prepared and mailed the public hearing notice to surrounding property owners, published a legal ad and posted the property with the Zoning Request sign. Planning staff receive no communication on the application from the surrounding owners or the public. The pre application neighborhood meeting was held on September 6, 2023, at 5pm, at the Surestay Best Western conference room.  Of the five notified property owners only Sharon Ingraham, the owner of the property and lessor of the property to the wireless facility attended the meeting.  Construction plans and photo-simulations were provided.  Zach Phillips, with Crown Castle spoke with Ms. Ingraham about some of the concerns she had with the recent dish installation and how the previous tower extension was staged.  Zach assured Ms. Ingraham there would be additional construction notes telling the general contractor to talk with the ground lessor (Ms. Ingraham) before construction starts and plan out where equipment would go, for minimal impacts on the site and the residents during installation.  Additionally, staff has prepared proposed conditions limiting hours of construction activity.

DECISION CRITERIA
Per Section 27-1622.D; The zoning commission shall only recommend approval or conditional approval and the Board of County Commissioners shall only approve or conditionally approve a special review request if:

1. The special review use is consistent with the County’s growth policy and applicable neighborhood plans, if any;
2. The establishment, maintenance, or operation of the special review use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare;
3. The site for the proposed use is adequate in size and topography to accommodate the use while meeting the other requirements of this Zoning Code, including zone district dimensions, landscaping requirements, and parking.
4. The special review use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;
5. The special review use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
6. Conditions necessary to protect the public health, safety, and general welfare can be established, including but not limited to conditions on:

7. Adequate utilities, access roads, drainage, and/or necessary facilities have been or are being provided;
8. Adequate measures have been or will be taken to provide ingress and egress to minimize traffic congestion in public streets; and
9. The special review use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the County Commission.

Some of the criteria above are not particularly applicable to the proposed project to increase the height of the existing WCF tower. For example, traffic management and hours of business may not have any relevance to the application. The proposed project will include installation of the tower extension. Each decision criteria must be given due consideration and a finding is proposed for each one. Planning staff is including a set of recommended conditions of approval based on submitted site plan, applicant letter, and findings of the criteria.

PROPOSED FINDINGS:
1. The special review use is consistent with the growth policy and applicable neighborhood plans, if any.
Applicant: The proposed cell tower modifications are intended to provide better coverage and coverage options to nearby residents that use wireless communication. New developments that are sensitive to and compatible with the character of existing neighborhoods.
Staff: There are guidelines in the County Growth Policy that include desirable development on an existing property and the plan for extending the tower height by an additional ten feet. The following goals are most applicable to the WCF extension. 
Goal: Predictable land use decisions that are consistent with neighborhood character and land use patterns.
Approval of this special review is consistent with neighboring properties. The existing tower is in compliance with applicable codes, and an increase in height would be consistent with the surrounding commercial neighborhood adjacent to an arterial as well as proximity to the I 90 interstate corridor. 
Goal: New developments that are sensitive to and compatible with the character of existing neighborhoods.
 As state in Goal 1 above; The existing tower is in compliance with applicable codes, and an increase in height would be consistent with the surrounding commercial neighborhood adjacent to an arterial as well as proximity to the I 90 interstate corridor. 

2. The establishment, maintenance, or operation of the special review use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.
Applicant: This is an unmanned facility that is already being used for wireless communication.  There will not be an increase in the footprint of the equipment compound, which is surrounded by a landscape buffer.  The facility is located on land that is zoned CX – Heavy Industrial and is surrounded by properties that are similarly zoned.
Staff: The leased site is not large, and the area has limited activity. Vehicle access will be from South Frontage Road. Staff concurs with the applicant there will not be an increase in the footprint of the equipment compound. The facility is located on land that is zoned CX – Heavy Industrial and is surrounded by properties that are similarly zoned. Further, an additional 10' of height on an existing tower would not be so drastically different that it would post a danger or be detrimental to public health, safety, morals, comfort or general welfare.

3. The site for the proposed use is adequate in size and topography to accommodate the use while meeting the other requirements of this Zoning Code, including zone district dimensions, landscaping requirements, and parking.
Applicant: This is an existing 110’ cell tower in a Heavy Industrial zone.  The siting of T-Mobile onto the exiting tower versus building a new tower mitigates the impacts of a new facility.  The ground footprint doesn’t increase, and the existing facility already has an existing landscape screen.  It is also located away from residential zones in a Heavy Industrial zone near I-90.
Staff: Staff agrees with the applicant for this is an existing site and will have minimal changes. The ground footprint doesn’t increase, and the facility has an existing landscape screen. The impact is strictly related to height.  It is also located away from residential zones in a Heavy Industrial zone near I-90 further minimizing concerns given its appropopriate for a use like a WCF.

4. The special review use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.
Applicant: This is an unmanned facility and once it is constructed will have no impacts to surrounding property.  Cell facilities typically average about one tech visit per month.  That work usually is with the equipment in the support cabinets.
Staff: Staff concurs with the applicant it is an unmanned facility and once it is constructed will have no impacts to surrounding property because it is an existing tower in place and in use.  With the addition of 10 feet, there is no evidence to support potential changes in property values. This location has an existing tower and this type of development is not out of character for this area and should not diminish or impair property values in the area.

5. The special review use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
Applicant: The proposed facility and use will not impede the normal improvement of the surrounding properties. This project will upgrade an existing facility and would not affect the aesthetics of the area.  It will continue to offer the current service with an additional height for a broader service area.
Staff: Planning staff believes the upgraded tower will allow expansion of service to the Yellowstone County and surrounding areas for increased cellular services. This ten foot extension in height should not impact the development of surrounding property and uses because it is an existing tower already in place and in use. 

6. Conditions necessary to protect the public health, safety, and general welfare can be established.
Staff recommends the following conditions of approval based on the above findings and the applicant's stated intent to bring the property into compliance with current regulations. These conditions will be related to the listed categories above, but may include other issues specific to the use for a bar and casino.

1. This special review approval is for the proposed ten-foot extension of the wireless communications facility located COS 2038, Parcel 1A, AMD, a leased area of 2,280 square feet, generally located at 6200 South Frontage Rd. 
2. The site improvements will be as shown on the submitted site plans and architectural drawings as prepared and attached to these conditions of approval.
3. All landscaping shall be maintained free of debris and trash on a regular basis. Dead plant material will be replaced with like materials as expeditiously as possible.
4. There will be no construction activity, including staging of operating equipment producing noise, prior to 7:00 am or after 8:00 pm daily.
5. These conditions run with the land use and are binding upon and must be adhered to by the property owner/ lessee and any successors, transferees or assigns, with the exception of these conditions.

7. Adequate utilities, access roads, drainage, and/or necessary facilities have been or are being provided.
Applicant: The proposed facility will go through a full permitting review from Planning and Public Works for site layout and utility conformance.
Staff: Staff concurs with the applicant's statements. There are no site-specific conditions that would hamper the applicant's ability to fulfill the local and state regulations for access, utilities, drainage or other necessary facilities.

8. Adequate measures have been or will be taken to provide ingress and egress to minimize traffic congestion in public streets.
Applicant: There are no special considerations for this lot.
Staff: Staff Concurs with the applicant. There will be no changes to the existing access.

9. The special review use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the BOCC.
Applicant: No request to modify the regulations have been made.
Staff: Planning staff has not identified any detail of the site plan or narrative of the project that would require modification of the requirements for this application. The site appears to meet all the requirements for structure height, setbacks, separations, lot coverage, and yard treatments. Staff has recommended specific conditions related to the construction of the additional ten feet as well as time requirements for completion.  

The Planning Division recommends conditional approval, based on the nine review criteria detailed in the summary section of this memo.