18429I ORDINANCE NO. —1-8,42-9-29
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3 AN ORDINANCE TO GRANT CRICKET COMMUNICATIONS A
4 WAIVER OF THE REQUIREMENTS TO COMPLY AT THIS TIME
5 WITH CERTAIN LANDSCAPE AND SCREENING PROVISIONS
6 OF LITTLE ROCK, ARK. ORDINANCE NO. 18,173 (DECEMBER
7 20, 1999) FOR TWO (2) WIRELESS COMMUNICATION TOWERS
8 IN EXISTENCE ON THE DATE OF THE ORDINANCE; TO SET
9 CERTAIN CONDITIONS FOR THESE SITES; TO DECLARE AN
10 EMERGENCY; AND FOR OTHER PURPOSES.
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12 WHEREAS, the Board of Directors passed certain standards for landscaping and
13 buffering of wireless communication facilities (the "WCF ") in Little Rock, Ark.,
14 Ordinance No. 18,173 (December 20, 1999), as may be amended ( "LRO 18,173 "),
15 which were to apply to all future applications for WCF permits, and
16 WHEREAS, Section 2(c)(6) included a requirement that WCFs in existence on
17 the date of the ordinance, but not in compliance with the provisions of the ordinance,
18 were required to come into compliance within a two year period of time unless the
19 Board granted a waiver, or a deferral, of the various provisions, and
20 WHEREAS, Cricket Communications has applied for waivers of two sites it
21 desires to co- locate its facilities on towers which were in existence when LRO 18,173
22 was passed, and
23 WHEREAS, as set forth below, the Board believes the requests are appropriate
24 under the current circumstances.
25 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
26 DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS:
27 SECTION 1. The following WCF permits are granted waivers of strict
28 compliance with the landscaping or screening and buffering provisions, or both as set
29 forth below, of LRO 18,173 as follows:
I (A) 812 &ott Hamilton Drive. Because A site is within and behind
2 a large office and industrial warehouse building in an area which is all
3 paved with asphalt and surrounded by industrial zoning and uses, and the
4 fact that applicant will install a screening fence on two sides of the site, the
5 following waiver from strict compliance with LRO 18,173, under the
6 current circumstances, is granted:
7 (1) Landscaping requirements on all four sides of the structure
8 are waived.
9 (2) Screening requirements on the north and east sides of the
10 structure are waived.
11 For these reasons, strict compliance with LRO 18,173 is waived until such time
12 as a major change in circumstances make it necessary to impose landscaping or
13 screening requirements in order to meet the goals set forth in the ordinance.
14 (B) 1429 Merrill Drive. Because the existing WCF tower at this location is
15 within an area zoned C -3, Commercial, and is bordered on the north by asphalt
16 parking lot and a commercial building, on the east and south by paved parking
17 area, and on the west by a narrow strip of ground between the site and the
18 property line, and because the applicant will construct an 8 foot wood screening
19 fence around the site, as well as meeting all other siting requirements, the
20 following waiver from strict compliance with LRO 18,173, under the current
21 circumstances, is granted:
22 (1) Landscaping requirements on all four sides of the structure
23 are waived.
24 For this reason, strict compliance with LRO 18,173 is waived until such time as
25 a major change in circumstances make it necessary to impose landscaping or screening
26 requirements in order to meet the goals set forth in the ordinance.
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1 Section 1. Finds.
2 (A) The Board declares that the general landscaping and screening provisions of
3 LRO 18,173 should be met whenever possible, particularly in residential areas, but that
4 strict compliance for WCF tower permits granted prior to the effective date LRO 18,173
5 is not always appropriate under existing circumstances. For example, it may not be
6 possible to purchase or lease additional property around the existing WCF site to meet
7 the landscape and buffer requirements. Or, while the applicant is willing to fulfill the
8 City's stated preference of tower collocation, it is unable to do so and meet landscaping
9 requirements because a particular WCF tower is located in an area that, regardless of
10 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
12 and invite theft, vandalism, and be in derogation of the goals and purposes of LRO
13 18,173.
14 (B) Under such circumstances, and others not set forth herein, it is appropriate
15 to grant waivers from the strict requirements of LRO 18,173, provided that if in the
16 future a major change in circumstances occurs, the City may modify the waivers granted
17 to any subsection of this ordinance in accordance with Subsection (C) below.
18 (C) For purposes of this ordinance, "a major change in circumstance" means
19 that the area within 200 feet of the boundaries of the WCF tower site has developed to
20 the point that there is a virtually unobstructed view of the tower from any adjoining
21 residences located in an area zoned R -1, R -2, or R -3, and
22 (1) (a) The City has received a complaint from the
23 owner of such a residence located within 200
24 feet of the tower site that the site has no
25 landscaping or screening in place; and
26 (b) The City has requested that the parties resolve
27 the issue by agreeing to certain screening or
28 landscaping requirements consistent with LRO
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08,173, which can be granted acenistratively
2 by the Director of Planning and Development,
3 but no agreement has been reached.
4 Once a year, for any matters impacted by this provision, the Board will
5 receive a report from the Department of Planning and Development, to be
6 made a part of the Board records on file with the City Clerk, which
7 identifies the tower sites that have previously received waivers but,
8 pursuant to this provision or any similar applicable provisions, has been
9 the subject of modifications. In addition, these modifications shall be
to noted on the City's geographic information system map; OR
11 (2) The tower site permittee has leased sufficient
12 additional space to meet the landscaping setback, setback
13 and screening requirements or LRO 18,173, subject to any
14 right of review set forth in that ordinance, as may be
15 amended.
16 (D) Pursuant to the provisions of subsection (C) above, before any modification
17 of a waiver is required, the City shall demonstrate that a major change in circumstances
18 from the date of the original permit grant, or from the date of any waiver or deferral, has
19 occurred.
20 Section 3. Severability. In the event any section, subsection, subdivision,
21 paragraph, item, sentence, clause, phrase, or word of this ordinance is declared or
22 adjudged to be invalid or unconstitutional, such declaration or adjudication shall not
23 affect the remaining portions of the ordinance which shall remain in full force and effect
24 as if the portion so declared or adjudged invalid or unconstitutional was not originally
25 a part of the ordinance.
26 Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same, that
27 are inconsistent with the provisions of this ordinance are hereby repealed to the extent
28 of such inconsistency.
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Section 5. Emerg ,*y. The City appreciate the fact 0 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, 20, 2ooi
ATTEST: APPROVED:
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14 ancy Mod, City Clerk
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16 APPROVED AS TO LEGAL FORM:
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20 Thomas M. Carpenter, City Atlt4rney
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iirri-6ailey, Mayor