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1 ORDINANCE NO. 18.434
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3 AN ORDINANCE TO GRANT NEXTEL PARTNERS A WAIVER
4 OF THE REQUIREMENTS TO COMPLY AT THIS TIME WITH
5 CERTAIN LANDSCAPE AND SCREENING PROVISIONS OF
6 LITTLE ROCK, ARK. ORDINANCE NO. 18,173 (DECEMBER 20,
7 1999) FOR A WIRELESS COMMUNICATION TOWER SITE AT
8 3005 WEST 60TH STREET WHICH WAS IN EXISTENCE ON THE
9 DATE OF THE ORDINANCE; TO SET CERTAIN CONDITIONS
10 FOR THIS SITE; TO DECLARE AN EMERGENCY; AND FOR
11 OTHER PURPOSES.
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13 WHEREAS, the Board of Directors passed certain standards for landscaping and
14 buffering of wireless communication facilities (the "WCF ") in Little Rock, Ark.,
15 Ordinance No. 18,173 (December 20, 1999), as may be amended ( "LRO 18,173 "),
16 which were to apply to all future applications for WCF permits, and
17 WHEREAS, Section 2(c)(6) included a requirement that WCFs in existence on
18 the date of the ordinance, but not in compliance with the provisions of the ordinance,
19 were required to come into compliance within a two year period of time unless the
20 Board granted a waiver, or a deferral, of the various provisions, and
21 WHEREAS, Nextel Partners has applied for a waiver for a site at which it desires
22 to collocate its facilities on a tower which was in existence when LRO 18,173 was
23 passed, and
24 WHEREAS, as set forth below, the Board believes the waiver is appropriate for
25 the site under the current circumstances.
26 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
27 DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS:
28 Section 1. The following WCF permit is granted a waiver from strict
29 compliance with the landscaping and screening requirements of LRO 18,173, as follows:
I (A) 3005 West 60th Street. Because the existing WCF tower at this
2 location is within a vacant, tree - covered area with a few warehouses and
3 other industrial uses within an area zoned industrial, and is because the
4 applicant's siting plan exceeds all siting requirements except for
5 landscaping and screening, the following waivers from strict compliance
6 with LRO 18,173, under the current circumstances, is granted:
7 (1) Landscaping requirements on all four sides of the site are
8 waived.
9 (2) Screening requirements on all four sides of the site are waived.
to For these reasons, strict compliance with LRO 18173 is waived until such
11 time as a major change in circumstances make it necessary to impose landscaping
12 requirements around the entire perimeter of the site in order to meet the goals set forth
13 in the ordinance.
14 Section 2. Conditions. The waivers granted herein are conditioned upon the
15 applicant resolving a discrepancy in the approved access easement by either
16 removing that portion of the access road to the tower site which is between six (6)
17 and sixteen (16) feet east of the approved access easement for the site and
18 constructing such access road within the approved access easement; or, in the
19 alternative, the legal description of the access easement should be amended by the
20 applicant to include that portion of the existing access road which is located
21 outside the approved access easement. No building permit shall be issued for the
22 collocation of this site until the access easement discrepancy is corrected to the
23 satisfaction of City staff.
24 Section 3. Findings.
25 (A) The Board declares that the general landscaping and screening provisions of
26 LRO 18,173 should be met whenever possible, particularly in residential areas, but that
27 strict compliance for WCF tower permits granted prior to the effective date LRO 18,173
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I is not always appropriate under existing circumstances. For example, it may not be
2 possible to purchase or lease additional property around the existing WCF site to meet
3 the landscape and buffer requirements. Or, while the applicant is willing to fulfill the
4 City's stated preference of tower collocation, it is unable to do so and meet landscaping
5 requirements because a particular WCF tower is located in an area that, regardless of
6 its zoning classification, is really commercial or industrial in nature, and not only would
7 landscaping be of minimal value, it might in fact draw attention to the tower location
8 and invite theft, vandalism, and be in derogation of the goals and purposes of LRO
9 18,173.
10 (B) Under such circumstances, and others not set forth herein, it is appropriate
11 to grant a waiver from the strict requirements of LRO 18,173, provided that if in the
12 future a major change in circumstances occurs, the City may modify the waivers granted
13 herein in accordance with Subsection (C) below.
14 (C) For purposes of this ordinance, "a major change in circumstance" means
15 that the area within 200 feet of the boundaries of the WCF tower site has developed to
16 the point that there is a virtually unobstructed view of the tower from any adjoining
17 residences located in an area zoned R -1, R -2, or R -3; AND
18 (1) (a) The City has received a complaint from
19 the owner of such a residence located
20 within 200 feet of the tower site that the
21 site has no landscaping or screening in
22 place; and
23 (b) The City has requested that the parties
24 resolve the issue by agreeing to certain
25 screening or landscaping requirements
26 consistent with LRO 18,173, which can
27 be granted administratively by the
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1 Director of Planning and Development,
2 but no agreement has been reached; or
3 (2) The tower site permittee has leased sufficient
4 additional space to meet the landscaping setback,
5 setback and screening requirements or LRO 18,173,
6 subject to any right of review set forth in that
7 ordinance, as may be amended.
8 (D) Once a year, for any matters impacted by this provision, the Board will
9 receive a report from the Department of Planning and Development, to be made a part
10 of the Board records on file with the City Clerk, which identifies the tower sites that
11 have previously received waivers but, pursuant to this provision or any similar
12 applicable provisions, has been the subject of modification. In addition, these
13 modifications shall be noted on the City's geographic information system map.
14 (E) Pursuant to the provisions of subsection (C) above, before any modification
15 of a waiver is required, the City shall demonstrate that a major change in circumstances
16 from the date of the original permit grant, or from the date of any waiver or deferral, has
17 occurred.
18 Section 4. Severability. In the event any section, subsection, subdivision,
19 paragraph, item, sentence, clause, phrase, or word of this ordinance is declared or
20 adjudged to be invalid or unconstitutional, such declaration or adjudication shall not
21 affect the remaining portions of the ordinance which shall remain in full force and effect
22 as if the portion so declared or adjudged invalid or unconstitutional was not originally
23 a part of the ordinance.
24 Section 5. Repealer. All laws, ordinances, resolutions, or parts of the same, that
25 are inconsistent with the provisions of this ordinance are hereby repealed to the extent
26 of such inconsistency.
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I Section 6. Emergency. The City appreciates the fact that the federal government
2 has taken steps to encourage the advancement of telecommunications technology, and
3 understands that it is incumbent upon the City to encourage additional carriers to enter
4 into the telecommunications field and to be able to have some certainty about the
5 requirements and conditions for tower permits within the City. Such development is
6 essential to protect the public health, safety and welfare. An emergency is, therefore,
7 declared to exist, and this ordinance shall be in full force and effect from and after the
8 date of its passage.
9 PASSED: February 20, 2001
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11 ATTEST: APPROVED:
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14 Nancy W d, City Clerk Jim ailey, Mayor
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16 APPROVED AS TO LEGAL FORM:
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19 Thomas M. Carpenter, City ttorney
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