Regular 4.
Regular City Council Meeting
- Meeting Date:
- 01/14/2019
- TITLE
- Special Review 972-Verizon Wireless
- PRESENTED BY:
- Nicole Cromwell
- Department:
- Planning & Community Services
Presentation:
Yes
PROBLEM/ISSUE STATEMENT
This is a special review request to allow the installation of a 50-foot tall faux tree as a camouflage 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. Tax ID: D04830.
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:
APPLICATION DATA
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
- 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.
APPLICATION DATA
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
The Planning staff has reviewed the proposed location for the wireless facility and is recommending conditional approval, the Zoning Commission Concurred with this recommendation. 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 facility meets all the requirements of the zoning regulations.
The application meets criteria from the second requirement as it is consistent with some objectives of the 2016 Growth Policy:
Essential Investments: 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. Verizon Wireless needs to increase its capacity in this area of Billings.
- 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 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.
FINANCIAL IMPACT
Any site improvements will adjust the taxable value of the property, however this property is owned by a church and is tax exempt.
BACKGROUND
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 reviewed the proposed location for the wireless facility and recommended conditional approval. The Zoning Commission concurred with the Planning staff's recommendation. 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.
The Planning staff reviewed the proposed location for the wireless facility and recommended conditional approval. The Zoning Commission concurred with the Planning staff's recommendation. 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.
STAKEHOLDERS
The Zoning Commission conducted a public hearing on December 4, 2018, and received the staff recommendation and testimony from the applicant's agent, Kevin Howell, Digital Skylines. Mr. Howell said Verizon is behind schedule to build capacity and this would serve the neighborhood with the demand for more bandwidth. Mr. Howell said they had researched other locations but this was the most suitable for the needed capacity in the neighborhood. They intend to provide screening for the mechanical equipment and its cabinet so that it can not be seen from the neighboring properties. Commissioner Mariska was concerned with the number of towers existing in the Billing city limits. Mr. Howell said the camouflaged towers are typically smaller to minimize impacts and will blend in with mature trees already in the landscape.
There were no members of the public there to speak in favor of the tower, and one resident, Jerry Wolf spoke in opposition to the application. Mr. Wolf said the proposed tower would be about 60 feet from his property. Mr Wolf said he is a retired radiologist and thought this tower would create an electromagnetic field that would produce radiation unhealthy for the neighborhood residents. Mr. Howell said he is not qualified as a radiologist to give any determination on the radiation produced, however the power level of any radio wave is 1/100th of the power. He explained that Verizon Wireless complies with all FCC regulations that are in place for the health and general welfare of the residents. Mr. Howell continued to explain there are Federal Telecommunication restrictions in place that limit the local government from making determinations based on health issues.
The Zoning Commission closed the hearing and a motion was made by Commissioner Larson to recommend conditional approval and adoption of the findings of Section 27-1503 for Special Review 972. The motion was seconded by Commissioner Ulvestad and the motion passed with a 5-0 voice vote.
There were no members of the public there to speak in favor of the tower, and one resident, Jerry Wolf spoke in opposition to the application. Mr. Wolf said the proposed tower would be about 60 feet from his property. Mr Wolf said he is a retired radiologist and thought this tower would create an electromagnetic field that would produce radiation unhealthy for the neighborhood residents. Mr. Howell said he is not qualified as a radiologist to give any determination on the radiation produced, however the power level of any radio wave is 1/100th of the power. He explained that Verizon Wireless complies with all FCC regulations that are in place for the health and general welfare of the residents. Mr. Howell continued to explain there are Federal Telecommunication restrictions in place that limit the local government from making determinations based on health issues.
The Zoning Commission closed the hearing and a motion was made by Commissioner Larson to recommend conditional approval and adoption of the findings of Section 27-1503 for Special Review 972. The motion was seconded by Commissioner Ulvestad and the motion passed with a 5-0 voice vote.
CONSISTENCY WITH ADOPTED POLICIES OR PLANS
The Consistency with Adopted Plans and Policies is discussed in the Alternatives Analyzed section above.