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2 ORDINANCE NO. 1 "g, 348
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4 AN ORDINANCE TO GRANT NEXTEL PARTNERS
5 A PARTIAL WAIVER OF THE REQUIREMENTS TO
6 COMPLY AT THIS TIME WITH CERTAIN
7 LANDSCAPE AND SCREENING PROVISIONS OF
8 LITTLE ROCK, ARK. ORDINANCE NO. 18,178
9 (DECEMBER 20, 1999) FOR A WIRELESS
10 COMMUNICATION TOWER SITE AT 3227 ARCH
11 STREET WHICH WAS IN EXISTENCE ON THE
12 DATE OF THE ORDINANCE; TO SET CERTAIN
13 CONDITIONS FOR THIS SITE; TO DECLARE AN
14 EMERGENCY; AND FOR OTHER PURPOSES.
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16 WHEREAS, the Board of Directors passed certain standards for landscaping and
17 buffering of wireless communication facilities (the "WCF ") in Little Rock, Ark.,
18 Ordinance No. 18,173 (December 20, 1999), as may be amended ( "LRO 18,173 "),
19 which were to apply to all future applications for WCF permits, and
20 WHEREAS, Section 2(c)(6) included a requirement that WCFs in existence on
21 the date of the ordinance, but not in compliance with the provisions of the ordinance,
22 were required to come into compliance within a two year period of time unless the
23 Board granted a waiver, or a deferral, of the various provisions, and
24 WHEREAS, Nextel Partners has applied for a waiver for a site at which it desires
25 to collocate its facilities on a tower which was in existence when LRO 18,173 was
26 passed, and
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1 WHEREAS, as set forth below, the Board believes the waiver is appropriate for
2 a portion of the site under the current circumstances that does not abut residential uses.
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4 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
5 DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS:
6 Section 1. The following WCF permit is granted a waiver from strict
7 compliance with the landscaping requirements of LRO 18,173, as follows:
8 (A) 3227 Arch Street. Because the WCF tower at this location is
9 within an area zoned I -2, Light Industrial, and is located next to storage
10 yards for an industrial building, the following waiver from strict
11 compliance with LRO 18,173, under the current circumstances, is granted:
12 (1) Landscaping requirements on the south side, the east side
13 and the easternmost half of the north side of the site are
14 waived.
15 Since the western side of the site is visible from Arch Street and the
16 residences across Arch Street from the site, the west side and the
17 westernmost half of the north side shall be landscaped in compliance with
18 the ordinance. For these reasons, strict compliance with LRO 18,173 is
19 waived for a that portion of the site decribed above until such time as a
20 major change in circumstances make it necessary to impose landscaping
21 requirements around the entire perimeter of the site in order to meet the
22 goals set forth in the ordinance.
23 Section 2. Findings
24 (A) The Board declares that the general landscaping and screening provisions of
25 LRO 18,173 should be met whenever possible, particularly in residential areas, but that
26 strict compliance for WCF tower permits granted prior to the effective date LRO 18,173
27 is not always appropriate under existing circumstances. For example, it may not be
28 possible to purchase or lease additional property around the existing WCF site to meet
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I the landscape and buffer requirements. Or, while the applicant is willing to fulfill the
2 City's stated preference of tower collocation, it is unable to do so and meet landscaping
3 requirements because a particular WCF tower is located in an area that, regardless of its
4 zoning classification, is really commercial or industrial in nature, and not only would
5 landscaping be of minimal value, it might in fact draw attention to the tower location
6 and invite theft, vandalism, and be in derogation of the goals and purposes of LRO
7 18,173.
8 (B) Under such circumstances, and others not set forth herein, it is appropriate
9 to grant a waiver from the strict requirements of LRO 18,173, provided that if in the
10 future a major change in circumstances occurs, the City may modify the waivers granted
1 l herein in accordance with Subsection (C) below.
12 (C) For purposes of this ordinance, "a major change in circumstance" means
13 that the area within 200 feet of the boundaries of the WCF tower site has developed to
14 the point that there is a virtually unobstructed view of the tower from any adjoining
15 residences located in an area zoned R -1, R -2, or R -3; AND
16 (1) (a) The City has received a complaint from
17 the owner of such a residence located
18 within 200 feet of the tower site that the
19 site has no landscaping or screening in
20 place; and
21 (b) The City has requested that the parties
22 resolve the issue by agreeing to certain
23 screening or landscaping requirements
24 consistent with LRO 18,173, which can
25 be granted administratively by the
26 Director of Planning and Development,
27 but no agreement has been reached; or
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1 (2) The tower site permittee has leased sufficient
2 additional space to meet the landscaping setback,
3 setback and screening requirements or LRO 18,173,
4 subject to any right of review set forth in that
5 ordinance, as may be amended.
6 (D) Once a year, for any matters impacted by this provision, the Board will
7 receive a report from the Department of Planning and Development, to be made a part
8 of the Board records on file with the City Clerk, which identifies the tower sites that
9 have previously received waivers but, pursuant to this provision or any similar
10 applicable provisions, has been the subject of modification. In addition, these
1 I modifications shall be noted on the City's geographic information system map.
12 (E) Pursuant to the provisions of subsection (C) above, before any modification
13 of a waiver is required, the City shall demonstrate that a major change in circumstances
14 from the date of the original permit grant, or from the date of any waiver or deferral, has
15 occurred.
16 Section 3. Severabdity. In the event any section, subsection, subdivision,
17 paragraph, item, sentence, clause, phrase, or word of this ordinance is declared or
18 adjudged to be invalid or unconstitutional, such declaration or adjudication shall not
19 affect the remaining portions of the ordinance which shall remain in full force and effect
20 as if the portion so declared or adjudged invalid or unconstitutional was not originally
21 a part of the ordinance.
22 Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same, that
23 are inconsistent with the provisions of this ordinance are hereby repealed to the extent
24 of such inconsistency.
25 Section 5. Emergency. The City appreciates the fact that the federal government
26 has taken steps to encourage the advancement of telecommunications technology, and
27 understands that it is incumbent upon the City to encourage additional carriers to enter
28 into the telecommunications field and to be able to have some certainty about the
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I requirements and conditions for tower permits within the City. Such development is
2 essential to protect the public health, safety and welfare. An emergency is, therefore,
3 declared to exist, and this ordinance shall be in full force and effect from and after the
4 date of its passage.
5 PASSED: September 19, 2000
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7 ATTEST: APP OVED-
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10 Nancy W od, City Clerk J' ailey, Mayor
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12 APP VED AS TO LEGAL FORM:
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15 Thomas M. Carpenter, C Attorney
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