Special Review 979 - 702 Dunham Ave - A special review request to allow co-location  for T-Mobile antennae on an existing cell tower, increasing the tower height to 66 feet, on Lot 1, Block 4, Cloverdale Subdivision, on the 900 square foot leased tower site within the 43,913 square foot parcel of land. Presented by: Karen Husman, Planner I.

The Planning Division recommends conditional approval and adoption of the findings of the three criteria for Special Review 979.

Special Review applications are reviewed using BMCC Section 27-1503 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.
 

OWNERS: WW Holding Company, Inc
AGENT: Amanda Nations, of Crown Castle, agent for T-Mobile
PURPOSE: Allow co-location on an existing tower increasing the tower height to 66 feet
LEGAL DESCRIPTION: Lot 1, Block 4, Cloverdale Subdivision, on the 900 square foot tower lease site
ADDRESS: 702 Dunham Ave
EXISTING LAND USE: 50-foot Wireless Tower
PROPOSED LAND USE: 66-foot tall Wireless Tower
EXISTING ZONING: Controlled Industrial (CI)

Building Permit BP-19-01743 - pending approval of Special Review request to add to tower height.

Similar Wireless Facilities-

SUBJECT PROPERTY	Special Review	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
None
SIMILAR PROPERTY
1150 West Wicks Ln - C/S 1904	243 (County)		100’ cell tower	Y
1142 West Wicks Ln	270 (County)		250’ Cell tower	Y	3 tower limit
1150 Wicks lane	960 (City)	1/8/18	60’ tower	Y
1235 Wicks Lane	957 (City)	10/23/17	Concealed rooftop cell facility	Y

NORTH:   Zoning:      CI
                  Land Use:  Industrial - former location of Northwest Pipe
SOUTH    Zoning:      CI
                  Land Use:  Railroad Right of Way; Business I-90 Overpass
EAST:       Zoning:       CI & Community Commercial (CC)
                  Land Use:  Industrial - Warehousing
WEST:      Zoning:       CI
                  Land Use:  Industrial - Midwest Heating & Cooling

This is a special review request to allow co-location on an existing cell tower. The co-location of the new antennae will result in an increase to the tower height from 50 feet to 66 feet. Any tower over 50 feet in height requires a special review approval. Any wireless facility over 50 feet in height must be separated by at least 1-mile from any other wireless facility over 50 feet in height (BMCC 27-620.g.11). The applicant is requesting approval to allow them to use an existing wireless facility location for T-Mobile customers' benefit.  This area of Billings is adjacent to the Business I-90 interstate corridor and surrounded by commercial and industrial uses and structures. The Planning staff has reviewed the proposed addition to the wireless facility 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 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 increase over 50 feet requires a special review approval. The wireless facility is more than 1 mile from the next closest wireless facility over 50 feet in height (526 Bernard St). The proposed addition to an existing 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 2016 Growth Policy:
Strong Neighborhoods: Neighborhoods that provide essential services are much desired.
The proposed special review will provide reliability to an essential service in the Billings west end neighborhoods.  It 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.
 
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 commercial and industrial uses surrounding it. 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.

ZONING COMMISSION ACTION
The City Zoning Commission shall make a recommendation to the City Council to:
1. Deny the application for a special review use.
2. Grant the application for a special review use.
3. Conditionally grant the application for a special review use.
4. Delay action on the application for a period not to exceed thirty (30) days.
5. Give reasons for the recommendation.
Before recommending approval of a special review use, the Zoning Commission shall find that the contemplated use:
1. Complies with all requirements of this Article (27-1500);
2. Is consistent with the objectives and purposes of Chapter 27 and the Comprehensive Plan;
3. Is compatible with surrounding land uses or is otherwise screened and separated from adjacent land in such a way as to minimize adverse effects.
 
Further the Zoning Commission shall consider and may impose modifications or conditions concerning, but not limited to the following:
1. Street and road capacity;
2. Ingress and egress to adjoining streets;
3. Off-street parking;
4. Fencing, screening and landscaping;
5. Building bulk and location;
6. Usable open space;
7. Signs and lighting; and/or
8. Noise, vibration, air pollution and similar environmental influences.

The Planning Division recommends conditional approval and adoption of the findings of the three criteria for Special Review 979.

Recommended conditions: 

1. A special review request to allow an increase on an existing 50 foot tower to allow a 66 foot tower for co-location to the facility on Lot 1, Block 4, Cloverdale Subdivision, leased wireless site of 900 square feet on the 43,913 square foot parcel of land. No other use is intended or implied.
2. The ground equipment cabinet and shelter must be buffered with screening or an enclosure so that it cannot be seen from the neighboring properties. The current chain link fence is not a sight-obscuring fence.
3. The existing fence must meet the current requirements for fence height of 8 feet for barbed wire to be attached above (the 8 feet).  If it does not currently meet this requirement, it must be updated.
4. 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.
5. 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.

**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.