Z-3789-H ApplicationLooking Southwest At
701 Napa Val l- Drive
'Fhe
Tower Si
ED
L jL
CIL
Lu
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Vicinity �
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Area Zor�ng
701 Napa Valley Drive
Cingular Wireless
177'Monopole +
CT 22.05
TRS: T2NR13M3 0 200 400 Feet
Existing
Equipment
Shelter
Existing 177'
Monopole
Distance To
Nearest Keoidence
lo 175'+
TR5 2N13W33
CT 22.05
pD_ 2
WAND 5
w
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4000
® Existing 6'
Chain Link w/3
Strands Barbed Wire
Existing 6'
Chain Link Fence
CINGULAR WIFELESS, 177' MONOPOLE ITEM NO.
Z -3789-H
701 Napa Valley Load niNORTH
I ORDINANCE NO. 118,634
2
3 AN ORDINANCE GRANTING A WAVER OF THE
4 REQUIREMENT TO COMPLY AT THIS TRE WITH
5 LANDSCAPE AND SCREENING REQUIREMENTS FOR
6 TWO WIRELESS COMMUNICATION FACILITY
7 LOCATIONS OWNED BY CINGULAR WIRELESS LLC; TO
8 SET CERTAIN CONDITIONS FOR THESE SITES;
9 DECLARING AN EMERGENCY; AND FOR OTHER
10 PURPOSES.
11
12 WHEREAS, the Board of Directors passed certain standards for landscaping and buffering
13 of wireless communication facilities ("WCF") in Little Rock, Ark., Ordinance No. 18,173
14 (December 20, 1999), as may be amended ("LRO 18,173") which were to apply to all future
15 applications for WCF permits, and
16 WHEREAS, Section 2(c)(6) included a requirement that WCFs in existence on the date of
17 LRO 18,173, but not in compliance with the provisions of the ordinance, were required to come into
18 compliance within a two (2) year period of time unless the Board granted a waiver or deferral of the
19 various provisions, and
20 WHEREAS, Cingular Wireless, LLC, has applied for waivers of the landscaping and
21 screening requirements of existing WCF with Support Structures on two of its locations; and
22 WHEREAS, City staff supports the waivers as requested because these sites are located out
23 of site of residential areas; and
24 WHEREAS, as set forth below the Board believes the request is appropriate under the
25 current circumstances.
26 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE
27 CITY OF LITTLE ROCK, ARKANSAS:
28 Section 1. The WCF located 7626 Cantrell Road (Z-6116-A) is granted a waiver of the strict
29 compliance with the landscaping and screening requirements of LRO 18,173 for the following
30 reasons:
31 a. The WCF is located within a .69 acre commercial tract. It also
32 contains three buildings with offices and a restaurant/bar; the
33 remainder of the property is paved
34 b. Paved parking and service drives and the commercial buildings are
35 located between the WCF and abutting streets.
I C. The site does abut single-family residential property on the north
2 (rear) but the residential properties are located 4 feet below the
3 elevation of the commercial property and the WCF and the existing 6
4 foot fence on the north side adequately screens the WCF.
5 d. The area between the WCF and the residential properties on the
6 north is a rip -rapped slope which would be enhanced with the
7 planting of trees and shrubs.
8 Therefore, the following waivers from strict compliance under the current
9 circumstances is granted.
10 (1) A waiver of the landscaping requirements on the west,
11 south and east perimeters only of the WCF is granted.
12 (2) The screening requirement of an 8 foot tall privacy fence is
13 waived on all 4 sides of the site.
14 For these reasons, strict compliance with LRO 18,173 is waived until such time as a major
15 change in circumstances makes it necessary to impose landscaping and screening requirements in
16 order to meet the goals set forth in the ordinance.
17 Section 2. The WCF located 701 Napa Valley (Z -3789-H) is granted a waiver of the
18 strict compliance with the provisions of LRO 18,173 for the following reasons:
19 a. Three other WCF providers are already located on the 177 foot monopole at
20 this site;
21 b. The WCF site is adjacent to the equipment building and lattice tower that
22 serve a television station operated by Agape Church;
23 C. The WCF and church tower facility are enclosed by a 6 foot tall chain link
24 fence and the facility is located within the grounds of the large Agape Church
25 campus;
26 d. The WCF is not visible from adjacent properties on any side other than from
27 the south;
28 Therefore, the following waivers from strict compliance with LRO 18,173 under the current
29 circumstances is granted.
30 (1) Landscape waiver on all four sides of the site.
31 (2) Screening requirement of an 8 foot high fence on the east, west, and
32 north sides only of the site.
33 For these reasons, strict compliance with LRO 18,173 is waived until such time as a major
34 change in circumstances makes it necessary to impose landscaping and screening requirements in
[Page 2 of 4]
I order to meet the goals set forth in the ordinance.
2 Section 10. Findings.
3 (A) The Board declares that the general landscaping and screening provisions of LRO 18,173
4 should be met whenever possible, particularly in residential areas, but that strict compliance for
5 WCF tower permits granted prior to the effective date LRO 18,173 is not always appropriate under
6 existing circumstances. For example, it may not be possible to purchase or lease additional property
7 around the existing WCF site to meet the landscape and buffer requirements. Or, while the
8 applicant is willing to fulfill the City's stated preference of tower collocation, it is unable to do so and
9 meet landscaping requirements because a particular WCF tower is located in an area that, regardless
10 of its zoning classification, is really commercial or industrial in nature, and not only would
11 landscaping be of minimal value, it might in fact draw attention to the tower location and invite
12 theft, vandalism, and be in derogation of the goals and purposes of LRO 18,173.
13 (B) Under such circumstances, and others not set forth herein it is appropriate to grant a
14 waiver from the strict requirements of LRO 18,173, provided that if in the future a major change in
15 circumstances occurs, the City may modify the waivers granted herein in accordance with
16 Subsection (C) below.
17 (C) For purposes of this ordinance, "a major change in circumstance" means that the
18 area within 200 feet of the boundaries of the WCF tower site has developed to the point that there is
19 a virtually unobstructed view of the tower from any adjoining residences located in an area zoned R-
20 1, R-2, or R-3; AND
21 (1) (a) The City has received a complaint
22 from the owner of such a residence located
23 within 200 feet of the tower site that the site
24 has no landscaping or screening in place; and
25
(b) The City has requested that the parties
26 resolve the issue by agreeing to certain
27 screening or landscaping requirements
28 consistent with LRO 18,173, which can be
29 granted administratively by the Director of
30 Planning and Development, but no agreement
31 has been reached; or
32 (2) The tower site permittee has leased sufficient
33 additional space to meet the landscaping,setback and
[Page 3 of 4]
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screening requirements or LRO 18,173, subject to any right of
review set forth in that ordinance, as may be amended.
(D) Once a year, for any matters impacted by this provision, the Board will receive a
report from the Department of Planning and Development, to be made a part of the records on file
with the City Clerk, which identifies the tower sites that have previously received waivers but,
pursuant to this provision or any similar applicable provisions, has been the subject of modification.
In addition, these modifications shall be noted on the City's geographic information system map.
(E) Pursuant to the provisions of subsection (C) above, before any modification of a
waiver is required, the City shall demonstrate that a major change in circumstances from the date of
the original permit grant, or from the date of any waiver or deferral, has occurred.
Section 11. Severability. In the event any section, subsection, subdivision, paragraph, item,
sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or
unconstitutional, such declaration or adjudication shall not affect the remaining portions of the
ordinance which shall remain in full force and effect as if the portion so declared or adjudged invalid
or unconstitutional was not originally a part of the ordinance.
Section 12. Repealer. All laws, ordinances, resolutions, or parts of the same, that are
inconsistent with the provisions of this ordinance are hereby repealed to the extent of such
inconsistency.
Section 13. Emergency. The City appreciates the fact that the federal government has taken
steps to encourage the advancement of telecommunications technology, and understands that it is
incumbent upon the City to encourage additional carriers to enter into the telecommunications field
and to be able to have some certainty about the requirements and conditions for tower permits
within the City. Such development is essential to protect the public health, safety and welfare. An
emergency is, therefore, declared to exist, and this ordinance shall be in full force and effect from
and after the date of its passage.
PASSED: February S, 2002
ATTEST:
Nancy Wood, City Clerk
APPROVED AS TO LEGAL FORM:
s/Tom Carpenter
Thomas M. Carpenter, City Attorney
APPROVED:
Jim Dailey, Mayor
[Page 4 of 4]
OFFICE OF THE CITY MANAGER
LITTLE ROCK, ARKANSAS
BOARD OF DIRECTORS COMMUNICATION
FEBRUARY 5, 2002 AGENDA
Subject
Ordinance granting Cingular
Wireless, LLC a waiver of the
landscaping and screening
requirements for an existing
WCF located at 701 Napa
Valley (Z -3789-H).
SYNOPSIS
FISCAL IMPACT
RECOMMENDATION
CITIZEN
PARTICIPATION
BACKGROUND
Action Required
gOrdinance
Resolution
Approval
Information Report
Cy Carney
City Manager
Cingular Wireless, LLC is requesting a waiver of the landscapir
and screening requirements of Section 36-593(c) for an existing
WCF located at 701 Napa Valley. The property is zoned R-2,
Residential.
None
Approval of the ordinance granting a partial waiver
The St. Charles Neighborhood Association and Janet Berry of
SWLRUP were notified of the request and of the February 5, 2002
Board hearing date.
On December 20, 1999, the Little Rock Board of Directors
passed Ordinance No. 18,173, which amended Section 36-593
and created new landscaping and screening standards for
Wireless Communication facilities. All existing WCF were to
be landscaped and screened to meet the standards within two
(2) years of December 20, 1999. The standards include the
requirement of an eight (8) foot tall opaque fence to be
constructed around the primary use area and a six (6) foot wide
landscaping strip to be placed around the primary use area,
outside of the opaque fence. Waivers or deferrals of the
standards may only be granted by the Board of Directors.
BACKGROUND
CONTINUED
The Cingular Wireless, LLC site located at 701 Napa Valley
consists of a 177 foot monopole and an equipment building
within a 722 square foot lease area. Three providers (Cingular,
Sprint and Telecorp) are located on the monopole. Teiecorp's
equipment is Iocated on a separate lease area, adjacent to
Cingular's. The WCF was approved as a conditional use by the
Planning Commission on March 26, 1991. Subsequent staff
approvals allowed the two additional co -locators. The WCF
site is adjacent to an equipment building and lattice tower that
serve a television station operated by Agape Church. The WCF
and church tower facility are enclosed by a 6 foot tall chain-link
fence. The facility is located within the grounds of the large
Agape Church campus. The WCF is not visible from adjacent
properties on any side other than from the south. Although an
area of fairly dense trees is located between the WCF and an
adjacent apartment complex, the WCF is visible from that
direction due to a change in elevation and the height of the tree
foliage.
The applicant is requesting a waiver of the landscaping and
screening requirement on all four sides of the WCF. The
request was filed prior to December 20, 2001. Staff is
supportive of a landscape waiver on all four sides. The heavily
landscaped church site encloses three sides of the WCF and a
natural wooded area is located on the south side, adjacent to the
apartments. Staff does believe that the required 8 foot tall fence
should be erected along the south side of the WCF to screen the
site from the apartments. The remaining three sides are visible
only to the church, which is leasing to Cingular. The WCF is
located in a portion of the church parking lot that is screened
somewhat by landscaping from the rest of the church site.
Placing the 8 foot fence along the south side would provide
screening for the only off-site persons capable of seeing the
base of the WCF.
City of Little Rock
Department of Planning and Development
723 West Markham Street
Little Rock, Arkansas 72201-1334
Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863
January 8, 2002
Mark Stodola
Catlett, Yancey and Stodola
Tower Building, 181" Floor
Little Rock, AR 72201
Re: Cingular Tower Sites
Dear Mark:
Planning
Zoning and
Subdivision
Due to scheduling difficulties, I was not able to place the Cingular waivers on the
Board's January 15, 2002 Agenda. I have placed them on the Board's February 5, 2002
Agenda. I hope this does not create difficulties for you.
If you have any questions, pleas call me at 371-6817.
a
Dana Carney
Zoning and Subdivision
Lit11e back Landscape .S'ites:
Agape
• Site located at 701 Napa Valley, Little Rock, AR; R-2
• Landlord is Agape Church
+ Site area is 722 sq. ft. containing Cingular Wireless with Sprint occupying a
sublease area 116 sq. ft. g
• 177' monopole on which is located Cingular, Sprint and Tele Corp (TeleCorp not
in Cingular ground lease area)
• Church lattice tower and equipment building within fenced area but not part of
Cingular leased area
• Site located in parking lot and adjacent to traffic lane of Agape Church
• Chain link fence attached to corner of Cingular equipment shelter
• No available space for landscaping or additional fencing
• Site substantially screened by existing trees on west and south side of site; terrain
and trees screen on the east side of site
• Nearest residential structure is 175' to the south with wooded area in between
Cash McCools
• Site located at 7618 "T" Street, Little Rock, AR
+ Landlord is Jack Burchfield
+ Site area is 720 sq. ft. containing Cingular Wireless equipment shelter and 133'
monopole
• Cingular is sole user of site -
Site located in parking lot of C-3 zone
• No available space for landscaping or additional fencing
• Existing fencing is 6' wood, encloses monopole and attaches to corners of
equipment shelter
• Site substantially screened by existing trees on north side of site
• Nearest residence is 97' to the north with wooded area in between
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feecs
ENGINEERS -SURVEYORS
PLANNERS• DEVELOPERS
i
HOPE ENGINEERS, Inc. 01-410
203 LILLIAN
BENTON, AR NSAS 72015
TEL. (501) 3I -0786 * FAX (501) 315-0700
I�A
$� �, AGAPE SITE
701 NAPA VALLEY
° DRAWN BY: J. WEST
JUNE 1, 2001
1
THERE ARE NO ,
RESIDENCES WITHIN 100'
1
'I
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SII
SCALE: 1 "=80'
CHURCH
(UNDER CONST.)
DIST. TO NEAREST
RESIDENCE IS 175'+
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Cingular - Agape Site - 701 Napa Valley Rd
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DRIVE TO INSTRUCTIONS:
TRAVEL NORTH ON I-430 TO SHACKLEFORD ROAD EXIT. TURN LEFT ON
SHACKLEFORD AND FOLLOW TO W. MARKHAM ST.. TURN LEFT ON W.
MARKHAM ST. AND FOLLOW TO BOWMAN ROAD. TURN RIGHT ON
BOWMAN ROAD AND FOLLOW UNTIL IT TURNS INTO NAPA VALLEY.
FOLLOW NAPA VALLEY ROAD UP HILL AND AROUND CURVE. SITE IS ON
THE RIGHT SIDE OF ROAD BEHIND AGAPE CHURCH.
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ENGINEERS -SURVEYORS
PLANNERS• DEVELOPERS
HOPE ENGINEERS, Inc. 01-410
203 LILLIAN
BENTON, AR NSAS 72015
TEL. (501) 31 -0786 * FAX (501) 315-0700
I�•L
ate`
2/ AGAPE SITE
701 NAPA VALLEY
'Il DRAWN BY: J. WEST
JUNE 1, 2001
1
THERE ARE NO
RESIDENCES WITHIN 100' \
'I ■
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SCALE: 1 "=80'
CHURCH
(UNDER CONST.)
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MONOPOLE
DIST. TO NEAREST
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LITTLE RACK (CAPITOL) 9.2 ML
553
25'
s o 1 880 000 FEET
54 E (NORTH);
-000
1 MILE
4000 5000 6000 7000 FEET
Primary highway,
hard surface
1'y��7f'. Z ■ #�� •'F �' a ~�� '#; �3,'rjklip
City of Little Rock
Department of Planning and Development Planning
723 West Markham Street Zoning and
Little Rock, Arkansas 72201-1334 g
Phone: (501) 371-4790 Fax: (501) 339-3435 or 371-6863 Subdivision
May 29, 2002
Lisa Taylor
Hope Engineers, Inc.
322 N. Market
Benton, AR 72015
Fax #. (501) 315-0700
Re: Cingular Wireless Sites
Dear Ms. Taylor:
The attached site plans for the Cingular Wireless Sites identified as "Cash McCools Site
# 9128" and "Agape Cellsite # 1009" comply with the 'provisions of Ordinance No.
18,634 passed February 5, 2002.
Please have the appropriate party contact me once the required landscaping/screening is
installed.
If you have any questions, please call me at 371-6817.
cerely,
Dana Carney
Zoning and Subdivision Manager
ENGINEERS • SURVEYORS
PLANNERS- DEVELOPERS
May 22, 2002
HOPE ENGINEERS, Inc.
322 N. MARKET
BENTON, ARKANSAS 72015
TEL. (501) 315-0786 * FAX (501) 315-0700
www.hopeengineers.com
Dana Carney 1
City of Little Rock
Planning and Development
Dear Mr. Carney,
This letter and the enclosed drawings are on behalf of Cingular Wireless and in
reference to Little Rock Ordinance No. 18,634. The drawings depict the proposed
modifications in the landscaping and screening specified by the aforementioned
ordinance. Modifications will be put in place upon your approval of the drawings. If you
have any questions concerning these two sites, please feel free to contact me. We
appreciate your time in this matter.
Sincerely,
Lisa R. Taylor
Customer Service Coordinator
Wireless Division
Hope Engineers
322 North Market Street
Benton, AR 72015
Office: 501-315-0786
Mobile: 501-231-6834
Fax: 501-315-0700
E-mail: lisat@hopeengineers.com
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ENGINEERS -SURVEYORS
ENGINEERS•SURVEYORS
PLANNERS -DEVELOPERS
HOPE ENGINEERS, Inc. 01-410
203 LILLIAN
BENTON,AR
TEL. (501) 31
m
SCALE: 1 "=80'
YSAS 72015
86 * FAX (501) 315-0700
_AGAPE SITE
701 NAPA VALLEY
�OR` DRAWN BY: J. WEST
JUNE 1, 2001
THERE ARE NO ,
RESIDENCES WITHIN 100'
1
'I
R-2
CHURCH
(UNDER CONST.)
EXISTING
177'
MONOPOLE
DIST. TO NEAREST
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A-vjock Creek
DRIVE TO INSTRUCTIONS:
TRAVEL NORTH ON I-430 TO SHACKLEFORD ROAD EXIT. TURN LEFT ON
SHACKLEFORD AND FOLLOW TO W. MARKHAM ST.. TURN LEFT ON W.
MARKHAM ST. AND FOLLOW TO BOWMAN ROAD. TURN RIGHT ON
BOWMAN ROAD AND FOLLOW UNTIL IT TURNS INTO NAPA VALLEY.
Q� FOLLOW NAPA VALLEY ROAD UP HILL AND AROUND CURVE. SITE IS ON
THE RIGHT SIDE OF ROAD BEHIND AGAPE CHURCH.
LITTLE ROCK (CAPITOL) 9.2 Ml.
553 25'
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FEET (NORTH); ■ INxE•
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EtCity of Little Rock
Department of Planning and Development
723 West Markham Street
Little Rock, Arkansas 72201-1334
Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863
NOTICE OF PUBLIC HEARING
BEFORE THE
LITTLE ROCK BOARD OF DIRECTORS
ON A REQUEST FOR CHANGE IN USE OF LAND
OR DEVELOPMENT OF LAND
TO: St. Charles Nei hborhood Association
ATTENTION: Nancy Roe
ADDRESS: P. O. Box 21664
Little Rock, AR 72221
Planning
Zoning and
Subdivision
REQUEST: Waiver of landscaping and screening requirements for an existing _
Wireless Communication Facility
GENERAL LOCATION OR ADDRESS: 701 Napa Valle , A a e Church
APPLICANT: Cingular Wireless
NOTICE IS HEREBY GIVEN THAT an application for " Landscaping and Screening
Waiver" for the above property has been filed with the Department of Neighborhoods and
Planning, and a public hearing will be held by the Little Rock Board of Directors on
February 5, 2002 at 6:00 P.M. This notice is provided in order to assure that
neighborhood associations are aware of issues that may affect their neighborhood.
Information requests should be directed to the Planning staff at 371-4790.
Jim Lawson, Director
f ,. k
City of Little Rock
Department of Planning and Development Planning
723 West Markham Street
Little Rock, Arkansas 72201-1334 Zoning and
Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 Subdivision
NOTICE OF PUBLIC HEARING
BEFORE THE
LITTLE ROCK BOARD OF DIRECTORS
ON A REQUEST FOR CHANGE IN USE OF LAND
OR DEVELOPMENT OF LAND
TO: SWLR United for Pro ress
ATTENTION: Janet Be
ADDRESS: 8013 Mabelvale Cut -Off
Mabelvale AR 72103
REQUEST: Waiver of landsca in and screenin re uirements for an existing
Wireless Communication Facility
GENERAL LOCATION OR ADDRESS: 701 Napa Valley,• Agape Church
APPLICANT: Cin ular Wireless
NOTICE IS HEREBY GIVEN THAT an application for " Landscaping and Screening
Waiver" for the above property has been filed with the Department of Neighborhoods and
Planning, and a public hearing will be held by the Little Rock Board of Directors on
February 5, 2002 at 6:00 P.M. This notice is provided in order to assure that
neighborhood associations are aware of issues that may affect their neighborhood.
Information requests should be directed to the Planning staff at 371-4790.
Jim Lawson, Director