Special Review 972 - 2420 13th St West - Verizon Wireless - A special review request to allow the installation of a 50-foot tall faux tree as a camouflaged wireless facility on C/S 846, a 1.304-acre parcel of land located in a Residential 9,600 (R-96) zone at 2420 13th St West. Presented by Karen Husman, Planner I.

The Planning Division recommends conditional approval and adoption of the findings of the 3 criteria per BMCC 27-1503 for Special Review 972.
 
Special Review applications are reviewed using City Code criteria referenced in the Background 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:                            Presbyterian Church
AGENT:                                Verizon Wireless, Kevin Howell
PURPOSE:                           To allow a 50-ft camouflage wireless facility – a faux tree – next to an existing structure
LEGAL DESCRIPTION:          COS 846
ADDRESS:                           2420 13th St. West
EXISTING LAND USE:           Church
PROPOSED LAND USE:       Church
EXISTING ZONING:                Residential- 9600

 

There are no concurrent applications.

Subject Property- None
 
Similar Wireless Facilities- SR #965, 2512 Shiloh Road, 50-ft camouflage wireless facility – a faux tree in an RP Zone. Approved July, 2018.

NORTH:   Zoning:      Public
                  Land Use:  Veteran's Park
SOUTH:    Zoning:      R-96
                  Land Use:  BBWA and Residential    
EAST:       Zoning:      R-96
                  Land Use:  Residential
WEST:      Zoning:      Rocky Village Planned Development
                  Land Use:  Rocky Plaza Condominiums and Commercial

This is a special review request to allow a 50-ft camouflage wireless facility – a faux tree – next to an existing structure.  The Planning staff has reviewed the proposed location for 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 as required by BMCC 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 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 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:
Essential Investments: Neighborhoods that are safe and attractive and provide essential services are much desired.
The proposed special review will provide reliability to an essential service in the Billings west end neighborhoods. Verizon Wireless needs to increase its capacity in this area of Billings. 
Strong Neighborhoods: Neighborhoods that are safe and attractive and provide essential services are much desired.
The proposed special review 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 residential zoning and residential uses surrounding. 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.
 
PROPOSED CONDITIONS

1. A special review request to allow a 50-ft camouflage wireless facility – a faux tree – next to a detached structure in a Residential-9600 zone on C/S 846. No other use is intended or implied.
2. Any generator on site will use "whisper quiet" technology so adjacent land uses are not disturbed.
3. The ground equipment cabinet and shelter must be buffered with screening or enclosure so that it cannot be seen from the neighboring properties.
4. The location of the new facility shall be as shown on the submitted site plan.
5. There shall be no construction before 7 am or after 8 pm daily.
6. 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.
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.

 **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.
 
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 of  Special Review 972.