Regular 2.
Regular City Council Meeting
- Meeting Date:
- 10/28/2019
- TITLE
- Special Review 979- 702 Dunham Ave.
- PRESENTED BY:
- Monica Plecker
- Department:
- Planning & Community Services
Presentation:
Yes
PROBLEM/ISSUE STATEMENT
This is Special Review request to allow co-location for a 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.
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.
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.
ALTERNATIVES ANALYZED
City Council may:
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)
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.
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.
- 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.
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)
Before a recommendation of approval or conditional approval can be made, each special review request must demonstrate conformance with three primary criteria per BMCC, Section 27-1503:
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 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 objectives of the 2016 City Growth Policy:
Essential Investments:
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 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 objectives of the 2016 City Growth Policy:
Essential Investments:
- Strong Neighborhoods and Essential Investments: Neighborhoods that are safe and attractive and provide essential services are much desired.
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.
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.
FINANCIAL IMPACT
Approval of this application will have no direct financial impact on the Planning Division budget.
BACKGROUND
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, Section 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.
STAKEHOLDERS
The Zoning Commission conducted a public hearing on October 1, 2019, and received the staff recommendation and testimony from the applicant. Karen Husman, Planner I, gave a brief presentation. The applicant's agent, Amanda Nations concurred with the staff presentation and recommendation. There was no other testimony from the public or surrounding property owners.
The Zoning Commission closed the hearing and a motion was made by Commission Member Boyett to forward to the City Council a recommendation of conditional approval and adoption of the findings of the 3 criteria for Special Review 979. The motion was seconded by Commission Member Larson and the Commission voted 5-0 in favor and none opposed to the motion.
The Zoning Commission closed the hearing and a motion was made by Commission Member Boyett to forward to the City Council a recommendation of conditional approval and adoption of the findings of the 3 criteria for Special Review 979. The motion was seconded by Commission Member Larson and the Commission voted 5-0 in favor and none opposed to the motion.
CONSISTENCY WITH ADOPTED POLICIES OR PLANS
The Consistency with Adopted Plans and Policies is discussed in the Alternatives Analyzed section above.