18609I WRDINANCE NO. 18,609 •
2
3 AN ORDINANCE GRANTING A WAIVER OF THE
4 REQUIREMENT TO COMPLY AT THIS TIME WITH
5 LANDSCAPE AND SCREENING REQUIREMENTS FOR
6 NINE WIRELESS COMMUNICATION FACILITY
7 LOCATIONS OWNED BY SPECTRASITE
8 COMMUNICATIONS; TO SET CERTAIN CONDITIONS FOR
9 THESE SITES; DECLARING AN EMERGENCY; AND FOR
10 OTHER 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, SpectraSite Communications, Inc. has applied for a waivers of the landscaping
21 and screening requirements of existing WCF with Support Structures on nine 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 in Lot 7 of Cherry Addition to the City of Little Rock,
29 Arkansas, Plat Book 1, Sheet 262, at the end of Deuerling Road (Adam's Site, Z- 5902 -C) is granted
30 a waiver of the strict compliance with the landscaping and screening requirements of LRO 18,173
31 for the following reasons:
32 a. This site abuts the levee of the Arkansas River on the north and the
33 east
34 b. The floodplain and non - conforming industrial uses are located north
35 of the site
I C. The apoant will construct an eight foot woodOnce on the south
2 and west perimeters of the site.
3 d. The applicant will landscape the south perimeter of the site.
4 Therefore, the following waivers from strict compliance under the current
5 circumstances is granted.
6 (1) A waiver of the screening requirement on the north and
7 the east side of the site.
8 (2) The landscape requirement on the north, east and west
9 perimeter of the site.
10 For these reasons, strict compliance with LRO 18,173 is waived until such time as a major
11 change in circumstances makes it necessary to impose landscaping and screening requirements in
12 order to meet the goals set forth in the ordinance.
13' Section 2. The WCF located in the SE' /4 of Section 4, T -1 -N, R -12 -W, Little Rock,
14 Pulaski County, Arkansas, at 2515 Maryland Avenue (Capital Site, Z- 5864 -B) is granted a
15 waiver of the strict compliance with the provisions of LRO 18,173 for the following reasons:
16 a. This site and all surrounding properties are zoned I -2 Industrial;
17 b. The lease area abuts the wall of an industrial warehouse building on the east;
18 C. The main line of Union Pacific Railroad abuts the site on the west and
19 additional industrial use is located beyond the railroad tracks;
20 d. The applicant will erect an eight foot tall wood privacy fence on the
21 perimeter of the WCF;
22 C. There is no room on the site to install any landscaping on the north, east and
23 west perimeters at this time.
24 Therefore the following waivers from strict compliance with LRO 18,173 under the current
25 circumstances is granted.
26 (1) Landscape requirements on all four sides of the site
27 (2) Screening requirements of the north, west and east
28 For these reasons, strict compliance with LRO 18,173 is waived until such time as a major
29 change in circumstances makes it necessary to impose landscaping and screening requirements in
30 order to meet the goals set forth in the ordinance.
31 Section 3. The WCF located in the E 1/2, E ' /Z, NW 1/4, NE '/4, Section 35, T -1 -N, R -13-
32 W, Little Rock, on the west side of Loretto Lane, north of Mabelvale Pike (Cloverdale Site,
33 Z- 5866 -A) is granted a waiver of the strict compliance with the landscaping and screening
34 requirements of LRO 18,173 for the following reasons:
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I a T.nrettene is a dead end street endive iust oastZife site
2 b. The 75 X 75 foot leased area is within a larger ten acre tract extending
3 north, south and west of the site.
4 C. The areas around the tract are undeveloped and heavily wooded.
5 Therefore, the following waivers from strict compliance with LRO 18,173 under the current
6 circumstances is granted:
7 (1) Landscape requirements on all four sides of the site.
8 (3) Screening requirements on the north, south and west side of the site.
9 For these reasons, strict compliance with LRO 18,173 is waived until such time as a major
10 change in circumstances makes it necessary to impose landscaping and screening requirements in
11 order to meet the goals set forth in the ordinance.
12 Section 4. The WCF located in the SW Y4, SW 1/4, Section 1, T -1 -N, R -13 -W, Little Rock,
13 on the south side of the 7500 Block of Rushing Circle (St. Vincent's Site, Z- 5893 -A) is
14 granted a waiver of the strict compliance with landscape provisions of LRO 18,173 for the
15 following reasons:
16 a. The lease area is enclosed by six foot tall chain -link fence
17 b. The lease area is within a 2.47 acre site zoned I -2 Industrial.
18 C. The tract contains large office and office warehouse buildings and a large
19 parking lot.
20 b. Additional I -2 zone properties containing a variety of industrial uses are
21 located to the north.
22 Therefore the following waivers from strict compliance with LRO 18,173 under the current
23 circumstances is granted:
24 (1) Landscaping and screening requirements on all four sides of the lease
25 area.
26 For these reasons, strict compliance with LRO 18,173 is waived until such time as a major
27 change in circumstances makes it necessary to impose landscaping and screening requirements in
28 order to meet the goals set forth in the ordinance.
29 Section S. The WCF located in part of the W 'h, NW '/4, Section 27, T -2 -N, R -13 -W, Little
30 Rock, Arkansas at 10903 Rocky Valley Dr. (Wilson Water Plant Site, Z- 6129 -D) is granted a waiver
31 of the strict compliance with landscaping screening requirements of LRO 18173 for the following
32 reasons:
33 a. The WCF site is situated between two large water tanks within the thirty 30+
34 acre Wilson water treatment facility
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I b. The ov *l water treatment facility is enclosed by9chain -link fence
2 C. The site is not visible from residential properties abutting the water treatment
3 facility
4 d. The water treatment facility, I-40 freeway and wooded areas screen the WCF
5 from all abutting residential areas.
6 Therefore the following waivers from strict compliance with LRO 18,173 under the current
7 circumstances is granted:
8 (1) Landscaping and screening requirements on all four sides of the site.
9 For these reasons, strict compliance with LRO 18,173 is waived until such time as a major
10 change in circumstances makes it necessary to impose landscaping and screening requirements in
11 order to meet the goals set forth in the ordinance.
12 Section 6. The WCF located in part of Lot 7, Re- subdivision of Block 5, Mountain Park
13 Addition to the City of Little Rock, Pulaski County, Arkansas at 5615 Kavanaugh Blvd.
14 (Kavanaugh Heights Site, Z- 6799 -A) is granted a waiver of the strict compliance with landscape and
15 screening requirements of LRO 18,173 for the following reasons:
16 The WCF site consists of an existing 75 foot tall monopole tower and an equipment building
17 within the .02 acre lease area
18 a. The lease area is enclosed by a six foot tall wood privacy fence
19 b. Lease area is within a .16 acre tract of land zoned C -3 containing a
20 commercial building in a parking lot
21 C. The WCF site is mostly hidden from the street by trees and the commercial
22 buildings
23 d. All surrounding properties are fully developed with commercial uses.
24 Therefore the following waivers from strict compliance with LRO 18,173 under the current
25 Circumstances is granted:
26 (1) Landscaping and screening requirements on all four sides of the lease
27 area.
28 For these reasons, strict compliance with LRO 18,173 is waived until such time as a major
29 change in circumstances makes it necessary to impose landscaping and screening requirements in
30 order to meet the goals set forth in the ordinance.
31 Section 7. The WCF located in part of Lot 2A, Rudy's Farm Replat to the City of Little
32 Rock, Pulaski County, Arkansas, in Plat Book "C ", Page 893, in the 3500 Block of South Polk Street
33 (Westwood Site, Z- 6047 -C) is granted a waiver of the strict compliance with landscaping and
34 screening requirements of LRO 18,173 for the following reasons:
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I a. The Wosite contains a 150 foot tall monopole t9er, an equipment
2 building and equipment cabinets within a 50 foot by 50 foot lease area
3 b. The lease area is enclosed by a 6 foot tall chain -link fence.
4 c. The lease area is within a larger 2.2 acre industrial tract which is enclosed by
5 a 6 foot tall chain -link fence.
6 d. The larger tract also contains a vacant industrial building and the vestiges of
7 an asphalt parking lot.
8 e. Areas of undeveloped heavily vegetated floodway are located to the south
9 and west.
10 f. The industrial property to the north contains a vacant building, a food service
11 wholesaler and an auto repair garage.
12 g. The site faces the rear of the school gymnasium building and another WCF
13 site to the east.
14 Therefore the following waivers from strict compliance with LRO 18,173 under the current
15 Circumstances is granted:
16 (1) Landscape and screening requirements on all four sides of the lease area.
17 For these reasons, strict compliance with LRO 18,173 is waived until such time as a major
18 change in circumstances makes it necessary to impose landscaping and screening requirements in
19 order to meet the goals set forth in the ordinance.
20 Section 8. The WCF located in part of Lot 1, Block 1, Weinmann's Addition to the City of
21 Little Rock, Pulaski County, Arkansas in the 1100 Block of Fairpoint Street (McArthur Site, Z -6028-
22 A) is granted a waiver of the strict compliance with landscape provisions of LRO 18,173 for the
23 following reasons:
24 a. This WCF site is located on the east side of the 1100 Block of Fairpoint
25 Street consisting of a 150 foot tall monopole tower and an equipment
26 building within a 50 X 50 foot lease area.
27 b. The lease area is enclosed by 6 foot tall chain -link fence located within a 4.25
28 acre tract of land zoned I -3 industrial.
29 C. The larger tract is itself enclosed by a 6 foot tall chain -link fence.
30 d. The 4.25 acre tract contains a vacant industrial building and the remnants of
31 a paved parking lot.
32 e. Much of the site is overgrown and is located within the heavy industrial I -30
33 Industrial Park.
34 f. The site is surrounded by numerous industrial uses including feed mills, brick
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I wholes& and iron works. 0
2 g. Fairpoint is a dead -end street, ending just past this site.
3 Therefore the following waivers from strict compliance with LRO 18,173 under the current
4 Circumstances is granted:
5 (1) Landscaping and screening requirements on all four sides of the lease
6 area.
7 For these reasons, strict compliance with LRO 18,173 is waived until such time as a major
8 change in circumstances makes it necessary to impose landscaping and screening requirements in
9 order to meet the goals set forth in the ordinance.
10 Section 9. The WCF located in part of the W 1/2, W ' /z, NE 1/4, SW ' /a, Section 15, T-! -N, R-
11 13 -W, Little Rock, Pulaski County, Arkansas at 10325 West 36`s Street (Rosedale Site, Z- 6058 -B) is
12 granted a waiver of the strict compliance with landscape provisions of LRO 18,173 for the following
13 reasons;
14 a. This WCF site consists of a 150 tall monopole tower and an equipment
15 building within a 50 X 50 foot lease area;
16 b. The lease area is enclosed by an 8 foot tall wood privacy fence;
17 C. The lease area is enclosed within a 10+ acre tract of land zoned R -2;
18 d. The 10+ acre tract also contains Calvary Church of the Nazarene;
19 e. The WCF site is located near the rear of the site beyond the church building;
20 f. The R -2 zoned properties to the west, south and east of the WCF site are
21 undeveloped and heavily wooded.
22 Therefore the following waivers from strict compliance with LRO 18,173 under the current
23 Circumstances is granted:
24 (1) Landscaping requirements on all four sides of the lease area.
25 For these reasons, strict compliance with LRO 18,173 is waived until such time as a major
26 change in circumstances makes it necessary to impose landscaping and screening requirements in
27 order to meet the goals set forth in the ordinance.
28 Section 10. Findings.
29 (A) The Board declares that the general landscaping and screening provisions of LRO 18,173
30 should be met whenever possible, particularly in residential areas, but that strict compliance for
31 WCF tower permits granted prior to the effective date LRO 18,173 is not always appropriate under
32 existing circumstances. For example, it may not be possible to purchase or lease additional property
33 around the existing WCF site to meet the landscape and buffer requirements. Or, while the
34 applicant is willing to fulfill the City's stated preference of tower collocation, it is unable to do so and
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I meet landscaping requiremen*cause a particular WCF tower is locat� an area that, regardless
2 of its zoning classification, is really commercial or industrial in nature, and not only would
3 landscaping be of minimal value, it might in fact draw attention to the tower location and invite
4 theft, vandalism, and be in derogation of the goals and purposes of LRO 18,173.
5 (B) Under such circumstances, and others not set forth herein, it is appropriate to grant a
6 waiver from the strict requirements of LRO 18,173, provided that if in the future a major change in
7 circumstances occurs, the City may modify the waivers granted herein in accordance with
8 Subsection (C) below.
9 (C) For purposes of this ordinance, "a major change in circumstance" means that the
10 area within 200 feet of the boundaries of the WCF tower site has developed to the point that there is
11 a virtually unobstructed view of the tower from any adjoining residences located in an area zoned R-
12 1, R -2, or R -3; AND
13 (1) (a) The City has received a complaint
14 from the owner of such a residence located
15 within 200 feet of the tower site that the site
16 has no landscaping or screening in place; and
17 (b) The City has requested that the parties
18 resolve the issue by agreeing to certain
19 screening or landscaping requirements
20 consistent with LRO 18,173, which can be
21 granted administratively by the Director of
22 Planning and Development, but no agreement
23 has been reached; or
24 (2) The tower site permittee has leased sufficient
25 additional space to meet the landscaping, setback and
26 screening requirements or LRO 18,173, subject to any right of
27 review set forth in that ordinance, as may be amended.
28 (D) Once a year, for any matters impacted by this provision, the Board will receive a
29 report from the Department of Planning and Development, to be made a part of the records on file
30 with the City Clerk, which identifies the tower sites that have previously received waivers but,
31 pursuant to this provision or any similar applicable provisions, has been the subject of modification.
32 In addition, these modifications shall be noted on the City's geographic information system map.
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I (E) Pursuant to dorovisions of subsection (C) above, be1le any modification of a
2 waiver is required, the City shall demonstrate that a major change in circumstances from the date of
3 the original permit grant, or from the date of any waiver or deferral, has occurred.
4 Section 11. Severability. In the event any section, subsection, subdivision, paragraph, item,
5 sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or
6 unconstitutional, such declaration or adjudication shall not affect the remaining portions of the
7 ordinance which shall remain in full force and effect as if the portion so declared or adjudged invalid
8 or unconstitutional was not originally a part of the ordinance.
9 Section 12. Repealer. All laws, ordinances, resolutions, or parts of the same, that are
10 inconsistent with the provisions of this ordinance are hereby repealed to the extent of such
11 inconsistency.
12 Section 13. Emergency. The City appreciates the fact that the federal government has taken
13 steps to encourage the advancement of telecommunications technology, and understands that it is
14 incumbent upon the City to encourage additional carriers to enter into the telecommunications field
15 and to be able to have some certainty about the requirements and conditions for tower permits
16 within the City. Such development is essential to protect the public health, safety and welfare. An
17 emergency is, therefore, declared to exist, and this ordinance shall be in full force and effect from
18 and after the date of its passage.
19
20 PASSED: December 18, 2001
21
22 ATTEST: APPROVED:
23 C
24
25 Nancy Wood, City Clerk Jim ailey, Mayor
26
27 APPROVED AS TO LEGAL FORM:
28
29
30 Thomas M. Carpenter, City Attorney
31
32
33
34
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