185711 ORDINANCE NO. 18, 571 •
2
3 AN ORDINANCE GRANTING A WAIVER OF THE
4 REQUIREMENT TO COMPLY AT THIS TIME WITH
5 LANDSCAPE REQUIREMENTS FOR A WIRELESS
6 COMMUNICATION FACILITY LOCATED AT 704 KIRK
7 ROAD; TO SET CERTAIN CONDITIONS FOR THIS SITE;
8 DECLARING AN EMERGENCY; AND FOR OTHER
9 PURPOSES.
10
11 WHEREAS, the Board of Directors passed certain standards for landscaping and buffering
12 of wireless communication facilities ( "WCF ") in Little Rock, Ark., Ordinance No. 18,173
13 (December 20, 1999), as may be amended ( "LRO 18,173 ") which were to apply to all future
14 applications for WCF permits, and
15 WHEREAS, Section 2(c)(6) included a requirement that WCFs in existence on the date of
16 LRO 18,173, but not in compliance with the provisions of the ordinance, were required to come into
17 compliance within a two (2) year period of time unless the Board granted a waiver or deferral of the
18 various provisions, and
19 WHEREAS, Motient Communications, Inc. has applied for a waiver of only the
20 landscaping requirements on all four sides of an existing WCF with Support Structure (a monopole
21 150 feet in height with equipment cabinets) upon which it will co- locate with two other existing
22 WCF, and
23 WHEREAS, City staff supports the waivers as requested because the site is located in a
24 relatively deep lot of an automobile repair business and all the surrounding properties are zoned
25 commercial or office, and
26 WHEREAS, as set forth below the Board believes the request is appropriate under the
27 current circumstances.
28 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE
29 CITY OF LITTLE ROCK, ARKANSAS:
30 Section 1. The WCF at 704 Kirk Road (Z- 6147 -E) is granted a waiver of the strict
31 compliance with the landscaping provisions of LRO 18,183 for the following reasons:
32
33 a. This site is zoned 0-2 office and it is surrounded by property zoned
34 0 -2 and C -3;
35
36 b. Shrubs and trees sparsely cover the area around the WCF and it is
I situa d to the rear of a daycare and office bu mg;
2
3 C. The applicant will install a screening fence around the entire
4 perimeter of the site.
5
6 Therefore, the following waivers from strict compliance with LRO 18,173 under the
7 current circumstances is granted.
8
9 (1) Landscape requirements on all four sides of the site.
10
11
12 For these reasons, strict compliance with LRO 187,173 is waived until such
13 time as a major change in circumstances makes it necessary to impose landscaping
14 and screening requirements in order to meet the goals set forth in the ordinance.
15
16 Section 2. Findings.
17 (A) The Board declares that the general landscaping and screening provisions of LRO 18,173
18 should be met whenever possible, particularly in residential areas, but that strict compliance for
19 WCF tower permits granted prior to the effective date LRO 18,173 is not always appropriate under
20 existing circumstances. For example, it may not be possible to purchase or lease additional property
21 around the existing WCF site to meet the landscape and buffer requirements. Or, while the applicant
22 is willing to fulfill the City's stated preference of tower collocation, it is unable to do so and meet
23 landscaping requirements because a particular WCF tower is located in an area that, regardless of its
24 zoning classification, is really commercial or industrial in nature, and not only would landscaping be
25 of minimal value, it might in fact draw attention to the tower location and invite theft, vandalism,
26 and be in derogation of the goals and purposes of LRO 18,173.
27 (B) Under such circumstances, and others not set forth herein, it is appropriate to grant
28 waivers from the strict requirements of LRO 18,173, provided that if in the future a major change in
29 circumstances occurs, the City may modify the waivers granted to any subsection of this ordinance
30 in accordance with Subsection (C) below.
31 (C) For purposes of this ordinance, "a major change in circumstance" means that the
32 area within 200 feet of the boundaries of the WCF tower site has developed to the point that there is
33 a virtually unobstructed view of the tower from any adjoining residences located in an area zoned R-
34 1, R -2, or R -3, and
35 (1) (a) The City has received a complaint from the owner of
36 such a residence located within 200 feet of the tower
37 site that the site has no landscaping or screening in
38 place; and
39
[Page 2 of 4)
I (b) *The City has requested that the pts resolve the
2 issue by agreeing to certain screening or landscaping
3 requirements consistent with LRO 18,173, which can
4 be granted administratively by the Director of
5 Planning and Development, but no agreement has
6 been reached.
7 Once a year, for any matters impacted by this provision, the Board will receive a
8 report from the Department of Planning and Development, to be made a part of the
9 Board records on file with the City Clerk, which identifies the tower sites that have
10 previously received waivers but, pursuant to this provision or any similar applicable
11 provisions, has been the subject of modifications. In addition, these modifications
12 shall be noted on the City's geographic information system map; OR
13 (2) The tower site permittee has leased sufficient additional space
14 to meet the landscaping setback, setback and screening requirements
15 or LRO 18,173, subject to any right of review set forth in that
16 ordinance, as may be amended.
17 (D) Pursuant to the provisions of subsection (C) above, before any modification of a
18 waiver is required, the City shall demonstrate that a major change in circumstances from the date of
19 the original permit grant, or from the date of any waiver or deferral, has occurred.
20 Section 3. Sewmbility. In the event any section, subsection, subdivision, paragraph, item,
21 sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or
22 unconstitutional, such declaration or adjudication shall not affect the remaining portions of the
23 ordinance which shall remain in full force and effect as if the portion so declared or adjudged invalid
24 or unconstitutional was not originally a part of the ordinance.
25 Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same, that are
26 inconsistent with the provisions of this ordinance are hereby repealed to the extent of such
27 inconsistency.
28 Section 5. Emergency. The City appreciates the fact that the federal government has taken
29 steps to encourage the advancement of telecommunications technology, and understands that it is
30 incumbent upon the City to encourage additional carriers to enter into the telecommunications field
31 and to be able to have some certainty about the requirements and conditions for tower permits
32 within the City. Such development is essential to protect the public health, safety and welfare. An
33 emergency is, therefore, declared to exist, and this ordinance shall be in full force and effect from
34 and after the date of its passage.
[Page 3 of 4)
I PASSED: October 2,lq01
2 ATTEST:
3
5 Nancy Wood,)Lity Clerk
6
7 APPR VED AS TO LEGAL FORM:
8
9 Thomas M. Carpenter, City Attoiaby
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
•
APPROVED:
aW
Jim ailey, Mayor
[Page 4 of 43