Special Review #936.  This is a special review request to allow the location of a 50-foot monopole support structure for new Verizon Wireless communication antennas in an EBURD-Central Works (EBURD-CW) zone, on Lots 18-24, Block 19, Billings Original Town, a 1,335 square foot lease on a 24,500 square foot parcel of land generally located at 401 N 17^th Street.
 

The Planning Division is recommending conditional approval based on the findings of the 3 review criteria for Special Review 936.
 

OWNER: Richard Alan Collum
AGENT:Verizon Wireless, Brandon Kiser
LEGAL DESCRIPTION: Lots 18-24, Block 19, Billings Original Town
ADDRESS:401 North 17th Street
CURRENT ZONING: EBURD - Central Works
EXISTING LAND USE: Outdoor Storage next to a warehouse
PROPOSED USE: New Cell Tower on the northwest corner of the lot
SIZE OF PARCEL: a 1,335 square foot lease on a 24,500 square foot parcel of land.

None

The City has approved 86 special reviews in the the Billings Original Town Subdivision (much of the core of downtown)  since the early 1970’s. Most have been for all beverage licenses and setbacks. A quick review of the zoning history for the Billings Original Town Subdivision shows that there have been 5 special reviews for antennas and one for a satellite dish. There are two existing antennae towers in the EBURD, according to review by staff. There also are additional existing wireless and radio antenna in the immediate area west of the EBURD and north of the EBURD on the rimrocks.

NORTH:	Zoning: EBURD-CW Land Use: SOCO – Stockton Oil Company / Warehouse
SOUTH:	Zoning: EBURD-CW Land Use: Warehouse
EAST:	Zoning: EBURD-CW Land Use: SOCO - Stockton Oil Company
WEST:	Zoning: EBURD-CW Land Use: Starter and Alternator Specialist / Warehouse

This is a special review to locate a new cell tower at 401 North 17^th Street.  There are two existing antenna towers in the EBURD itself and several more in the downtown area.  The applicant states in their letter that this new cell tower is needed to provide the services to the north park area and areas south to the river.  With the newer technologies on phones and the increased demand of wireless devices, the new tower will provide customers with advanced technology capabilities. The applicant believes this will be a benefit with new businesses moving into the area and for the residents where wireless technology is becoming more common place.
 
This property is in the East Billings Urban Revitalization District (EBURD) and is zoned Central Works (CW).  The EBURD code does not specify a maximum allowed height being allowed outright that would preclude an applicant from going through the special review process.  n the EBURD code Section 27-1806, Table 27-1806-1 Use Table by District, Wireless Transmission Facility, the table shows wireless transmission facilities in all districts need a special review.  In the same section under paragraph ‘U’, it defines wireless communication facilities and references Section 27-1503 for the special review requirements and also Section 27-620 for the requirements that need to be met with the tower such as setbacks from residential uses, lot coverage and height, fencing, buffering and landscape, lighting, signage and maintenance.

All these requirements of Section 27-620 apply to wireless communication towers with the exception of fencing.  EBURD code defines a more strict fencing code than what is allowed in Section 27-620.  In the EBURD, code chain link fencing is only allowed in the Industrial Sanctuary district.  In the Industrial Sanctuary district, chain link, razor wire, and barbed wire fencing are permitted, but must be located eight (8) feet above grade. This property is in the CW district. In the EBURD code, allowed materials for fences and walls are brick, stone, cast stone, wood, painted, matte finish vinyl, wood composites. Prohibited materials include barbed wire, chain link, exposed cinder or concrete block, metal mesh, and razor wire and single wire fences. In addition, fences along the front yard or front lot line shall have a maximum opacity (transparency) of fifty (50) percent. In the Central Works District where this antenna is proposed, the maximum height of any fence or wall shall be eight (8) feet. On the drawing submitted by the applicant, it shows the use of chain link fencing material with barbed wire at the top.  This fencing material is not allowed in the CW zoning where this property is located. In section 27-620 (f) (10) code also states that the wireless structure shall have be muted by being painted a neutral color and/or textured and painted to match surrounding buildings. The structure cannot have a reflective surface that would attract attention or reflect the sun light. The applicant will need to meet the EBURD code requirmenrts and all other requirements of zoning, building and engineering code that applies at the time of construction.
 
Planning staff finds that this use may be made less-obtrusive in this area of Billings under the standards required by the EBURD zoning. The staff has reviewed the application and the 3 criteria for special review 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 2008 Growth Policy, and 3) the proposal 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 that the application complies with the requirements of Section 27-1500. The application also conforms to the second and third criteria.  It conforms to most all parts of the Unified Zoning Regulations, with the exception of the fence material and this has been addressed with a proposed condition of approval. The location is in one of the zoning districts that allows wireless communication equipment. The application is conforming to the purposes of the regulations and the 2008 Growth Policy.  This location is a compatible use with the surrounding uses and will improve the site with the screening fence/wall in place to enclose the proposed equipment and cell tower. The location should have minimal impact on the surrounding uses or neighbors. Planning staff is recommending conditions for this special review based on the approval criteria for special review uses.
 

The Planning Division recommends conditional approval.
 
PROPOSED CONDITIONS
 

1. The special review is limited to Lots 18-24, Block 19, Billings Original Town generally located at 401 North 17^th Street.
2. The special review approval is for the location of a wireless communication facility and no other use is intended or implied.
3. The applicant will meet the required zoning code, EBURD-CW, for fences, walls, and all other codes that apply at the time of construction.
4. The monopole will be constructed with a non-reflective material to eliminate glare.
5. The proposed ‘New Verizon Outdoor Generator’ shall be a ‘Whisper Quiet Generator’ to eliminate loud generator noises in the area.
6. No construction or demolition activity will occur before 7 am or after 8 pm daily.
7. 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.
8. 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.