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 17th Street. The Zoning Commission conducted a public hearing on April 5, 2016, and is forwarding a recommendation of conditional approval and adoption of the findings of the 3 criteria.

Special Review applications are reviewed using criteria referenced in the Alternatives Analyzed section of this memo. Special Reviews do not change the zoning of a property. They are tied to specific uses that are permitted in a given zoning district but are subject to a review by the City prior to the use being allowed. Special Review requests, unlike Zone Changes, may be conditioned to mitigate potential impacts from the use on the subject property or surrounding properties.

 

The 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

Planning reviewed the application and recommended conditional approval to the Zoning Commission. The Zoning Commission concurred. The Planning staff found this use may be made less-obtrusive in this area of Billings under the standards required by the EBURD zoning. 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 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. The Zoning Commission is recommending conditions for this special review based on the approval criteria for special review uses.

The Zoning Commission recommends the following conditions of approval:

1. The special review is limited to Lots 18-24, Block 19, Billings Original Town generally located at 401 North 17th 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.

If the special review request is approved and development occurs, this will add value to the Tax increment Finance District for EBURD. Added tax value above the base year will be set aside for payment of future public improvements in the district.

This is a special review to locate a new cell tower at 401 North 17th Street. There are two existing antenna towers in the EBURD itself and several more in the downtown area. The applicant states in its 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.

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.

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 that would preclude an applicant from going through the special review process. In 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 required by Section 27-620.  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 or 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 CW 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 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 (monopole) must 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 requirements and all other requirements of zoning, building and engineering code that apply at the time of construction.

The Zoning Commission conducted a public hearing on April 5, 2016, and received the staff recommendation and testimony from Kevin Howell (Digital Skylines), the agent for Verizon Wireless. No other testimony was received.

Mr. Howell stated the need for this facility is driven by market demand for additional data services by wireless users. He stated nationwide about 50% of phone customers have no land line in their residence any longer. In response to a question from the Commission, Mr. Howell stated he does not see a need right now for additional wireless towers in EBURD but this may occur in the future when 5G wireless access becomes a reality. He stated in general locations near schools, hospitals and other medical professional buildings is where wireless coverage is in high demand. He stated he visited 6 potential new sites in Billings in the afternoon after he got off the plane. He stated there is still high demand and some gaps in coverage in Billings. He stated these facilities will be necessary infrastucture for the re-development in EBURD.

Commission member Michael Larson made a motion to recommend conditional approval and adoption of the findings of the 3 criteria and this was seconded by Mike Boyett. The Zoning Commission voted unanimously in favor of the motion.

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