HomeMy WebLinkAboutZ-5430-K ApplicationWCF.doc 03/01/10
WIRELESS COMMUNICATION FACILITY (WCF) APPLICATION
WCF CASE FILE NO.: /k'ADDRESS:
44
epow$4d
Setbacks:
Sides Platted Building Line
L-Ae 6c}
LEGAL DESCRIPTION: rL rep1 J o Age`s,&,&
i ur4
SW�y fSPC4-an
, Tdw SAjo/
'
Proposed
/0116
Z I 3 13I
LijEL
r1 �.
WCF.doc 03/01/10
WIRELESS COMMUNICATION FACILITY (WCF) APPLICATION
WCF CASE FILE NO.: /k'ADDRESS:
d-5
epow$4d
Setbacks:
Sides Platted Building Line
L-Ae 6c}
LEGAL DESCRIPTION: rL rep1 J o Age`s,&,&
i ur4
SW�y fSPC4-an
, Tdw SAjo/
4.1)eio5 sawe
d �a J,'#Ie Rac,�S&W !Wd, /n 9ti0/489
ZONING CLASSIFICATION: S10— ABUTTING RESIDENTIAL: �ES NO
4,- ).--
PROPERTY
/PROPERTY LOCATED IN FLOODPLAIN DISTRICT: YES X NO
ATTACHED: Xl��t n� W Er OR WITH SUPPORT STRUCTURE: PX
V g S v'-.1
tit ���`Td"1t2
SECURITY FENCING HEIGHT: JiM
LIGHTING: YES X NO DOWNSHIELDED: NIA
LANDSCAPE PLAN ATTACHED: es ERP INFORMATION ATTACHED:
COLLOCATION STATEMENT/AGREEMENT ATTACHED:
ADDITIONAL DEVELOPMENT STANDARD INFORMATION. Ne"e- SQ R
D rdinaACe Co,n U SMeM Aa�ed
�j ffrrr rr.. ll
APPLICANT NAME: rn e,3 �qn &UH, �Jr S1r , Z f/yl vV L r
(pleas rin ■
APPLICANT ADDRESS: r`1� N SU"7/V. C a/V3
APPLICANT PHONE NO.:
APPLICANT SIGNATURE:
!hmr
'10 op:20
-L WMI. 0 00"
Alt" e
�7 r
Date Received:AV L � Ld i L-
Any information not provided regarding
Easement Clearance: cpp
o r / Denied easement or floodway/plain, which impacts the
decision regarding this application is the
Application:pproved I.Denied responsibility of the applicant.
NOTE: OBTAIN A BUILDING PERMIT BEFORE BEGINNING ANY CONSTRUCTION.
SUBMIT COPY OF THIS APPROVED APPLICATION AND ORIGINAL SIGNED SITE PLAN
WITH SUBMITTAL. r ,
COMMENTS: /ld �7i�,Ij,� kjr
Maximum Setbacks:
Height Front
Setbacks:
Rear
Setbacks:
Sides Platted Building Line
Allowed, WCF Tower
Proposed
�_ t _ ,
1
y
Allowed, Equipment Structure
'
Proposed
/0116
Z I 3 13I
V g S v'-.1
tit ���`Td"1t2
SECURITY FENCING HEIGHT: JiM
LIGHTING: YES X NO DOWNSHIELDED: NIA
LANDSCAPE PLAN ATTACHED: es ERP INFORMATION ATTACHED:
COLLOCATION STATEMENT/AGREEMENT ATTACHED:
ADDITIONAL DEVELOPMENT STANDARD INFORMATION. Ne"e- SQ R
D rdinaACe Co,n U SMeM Aa�ed
�j ffrrr rr.. ll
APPLICANT NAME: rn e,3 �qn &UH, �Jr S1r , Z f/yl vV L r
(pleas rin ■
APPLICANT ADDRESS: r`1� N SU"7/V. C a/V3
APPLICANT PHONE NO.:
APPLICANT SIGNATURE:
!hmr
'10 op:20
-L WMI. 0 00"
Alt" e
�7 r
Date Received:AV L � Ld i L-
Any information not provided regarding
Easement Clearance: cpp
o r / Denied easement or floodway/plain, which impacts the
decision regarding this application is the
Application:pproved I.Denied responsibility of the applicant.
NOTE: OBTAIN A BUILDING PERMIT BEFORE BEGINNING ANY CONSTRUCTION.
SUBMIT COPY OF THIS APPROVED APPLICATION AND ORIGINAL SIGNED SITE PLAN
WITH SUBMITTAL. r ,
COMMENTS: /ld �7i�,Ij,� kjr
wcr.doc
c 0 1r i`,
AFFIDAVIT
03101110
I L r 4 -.,I h i, , I certify by my signature below that I hereby
authorize F4Vlte41 to act as my agent regarding the
V of the below described property.
Property described as:
---7d
f --4-1, 2.o r: �- . -' �-/nJ V,
Signature of itleHoldcr Date
SubsfJc��rirbed and swom to me a Notary Public on this
J \I ayI ~. f , l
1��t�tt�s 1 t n rrrurr�r�
141v Corrslw'ssi�.�x�1�•P.13� F`r y:
OF
qmESSEE
NOTARY
PUBLIC
rr SA,
43'4�if�61 aYt Clpk1
+on W06
Notary FIVIC
21. A
day of
6
FamI%&Fohfcr
November 24, 2014
Sent Via Federal Express
Dept. of Planning and Development
723 West Markham Street
Little Rock, AR 72201
Re: Verizon Project— Parkview High School
WCF Application
Dear Sirs:
As agent for Verizon Wireless I enclose a check in the sum of $100.00 made payable to the
City of Little Rock, Arkansas.
This check is in support of the Wireless Communication Facility (WCF) application
submitted by Faulk & Foster on behalf of Verizon Wireless for the project called Parkview High School,
which is located at 2525 John Borrow Road, Little Rock, AR.
Respectfully submitted,
James L. LaPann, Zoning Specialist
Faulk & Foster
(518) 791-3740
Jim.lapann@faulkandfoster.com
Corporate Headquarters, 1811 Auburn Avenue, Monroe LA 71201
318.325.4666, Fax 318-325-6324
faulkandfoster.com
Kr -
03
MF12
03 R5
R2 ICHAEL
CUP
03❑
LABS E OR w
z
POD U
01
PD -R HOWELL DR
03
W- I KANIS OAKS DR
w
O
J
> KANIS PINES DR
U)
R4
f -
Iz
O
OS R4
R4
� R2
0
MF12 PD -O
z
CUP
O
C3
v�
03
22 S
as
R2
N
z
R5 d
O
03
W 23RD ST
O
x
W 24 PATRIOT CT
C
❑
'
R4
j
TANYA DR
R4
W 24TH T a
D
O
U
U
ANKEY AVE
zz
w
7
�
O
MFi8
`_� R2
]
; j
U
up
cup
..li CUP
VV"
V
r
R3
I
'
W 26TH ST
26TH ST
BAY ST
PCD
❑
to
(nINLET
ST
w
O
O
O
W 28TH ST
J
MF24
U
----„
PD
z
N
W299
z
ST O
MF24
Y
W 9TH ST CUP
J
w
MF24
W 30TH ST.
R7A
i R3
W 30TH ST
W 3 H ST
lCUP
4
R3
J
i
7)
C7
u
�
❑
r W31 TST
r-
17)
}
PCD
~
m
O
r
z R3
i
W 2ND T OJ iCUP
O
R3 '
C3 1
�
13
�
CUPr
Sent Via Federal Express
Dept. of Planning and Development
723 West Markham Street
Little Rock, AR 72201
Dear Sirs:
November 24, 2014
Re: Verizon Project — Parkview High School
WCF Application
As agent for Verizon Wireless I enclose the following for your review:
A. One fully executed Wireless Communication Facility (WCF) Application
B. One Ordinance Compliance Statement
C. Four (4) 11x17 copies of the Site Plan and Construction Drawings.
The filing fee ($100.00) will be sent directly to your office under separate cover.
espect lly s itt ,
am oning Specialist
aulk & Foster
(518) 791-3740
Jim.Iapann@faulkandfoster.com
Corporate Headquarters, 1811 Auburn Avenue, Monroe LA 71201
318.325.4666, Fax 318-325-6324
ORDINANCE COMPLIANCE STATEMENT
Application: Application for Land Use Review for proposed Verizon Wireless
Communication Tower Site
Verizon Site Name: PARKVIEW HIGH SCHOOL
Project Description: Verizon proposes to place an antenna array at the top of
an existing 120' monopole tower. They propose to remove the existing 4' x 10'
and 9' x 16' concrete pads and add a new 4' x 10' concrete pad with
generator. A new concrete pad will be installed and a new 11' 6" x 10.5'
equipment shelter will installed. The leased area will be within a 48' x 60'
(approx.) fenced compound. (See enclosed drawings for details (Exhibit A).
Parcel Address: 2525 John Borrow Road, Little Rock AR 72204
Property Lessor: Tower Ventures, 4091 Viscount Avenue, Memphis, TN
38118
Zoning: School Zone
Verizon Wireless offers this Ordinance Compliance Statement in
support of its application for a Tower Use Permit (TUP) to allow co -location
on a cellular transmission tower.
Paragraphs followed by an asterisk (*) do not require
a response or do not apply to this application.
City of Little Rock, Arkansas Zoning Code
• ARTICLE XII. - WIRELESS COMMUNICATIONS FACILITIES
• Sec. 36-590. - Definitions.
Antenna array means one (1) or more rods, panels, discs or similar devices used for the
transmission or reception of radio frequency signals, which may include an omni directional
antenna (rod), a directional antenna (panel) and a parabolic antenna (disc). The antenna array
does not include the support stricture defined below.
Attached wireless communications facility (attached WCF) means antenna array attached to
an existing building or structure which shall include, but not be limited to, utility poles, signs,
water towers, with any accompanying pole or device that attaches the antenna array to the
existing building or structure and associated connection cables, and any equipment facility which
may be located either inside or outside the attachment structure.
Collocation or site sharing means use of a common WCF or common site by two (2) or
more wireless license holders or by one (1) wireless license holder for more than one (1) type of
communications technology or placement of a WCF on a structure owned or operated by a utility
or other public entity.
Development standards. As used in this article development standards shall mean those
standards set forth in section 36-593 of this article.
Director means the director of the department of planning and development.
Equipment facility means any structure used to contain ancillary equipment for a WCF that
includes cabinets, shelters, cable ice bridge, a build -out of an existing stricture, pedestals, and
other similar strictures.
FAA means the Federal Aviation Administration.
FCC means the Federal Communication Commission.
FTA means the Federal Telecommunications Act of 1996.
Height. When referring to a WCF, height shall mean the distance measured from ground
level to the highest point on the WCF, including the antenna array; excluding the lightning rod
and any required light or beacon.
Primacy use area is the footprint of the WCF site which includes but may not be limited to
the concrete pad or graveled surface, equipment facility, support structure and fence.
Review process. As used in this article, review process shall mean those processes set forth
in section 36-594 of this article.
Setback means the required distance from the WCF to the property lines of the parcel on
which the WCF is located.
Stealth technology means systems, components and materials used in the construction of
WCF which are designed to mask or conceal the WCF to make it compatible with the
surrounding property.
Support structure means a structure designed and constructed specifically to support an
antenna array, and may include a monopole, rooftop or ground -mounted tower and other similar
structures. Self supporting (lattice) or guy -wire supported towers shall be permitted as support
structures only if approved by the planning commission through a tower use permit. Any device
used to fasten an attached WCF to an existing building or structure shall be excluded from the
definition of and regulations applicable to support structures.
Temporary wireless communication facility (temporary WCF) means a WCF to be placed in
use for ninety (90) or fewer consecutive days at the same location.
Tower use permit (TUP) means a pennit issued by the city specifically for the location,
construction and use of a WCF subject to an approved site plan and special conditions
determined by the planning commission to be appropriate under the provisions of this article.
Wireless communications means any personal wireless service as defined in the
Telecommunications Act of 1996, which includes FCC licensed commercial wireless
telecommunications services including cellular, personal communication services (PCS),
specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar
services that currently exist or that may in the future be developed.
Wireless communication facility (WCF) means any unstaffed facility for the transmission or
reception of wireless telecommunications services, usually consisting of an antenna array,
connection cables, an equipment facility, and a support structure to achieve the necessary
elevation.
(Ord. No. 17.604, § 1, 1-20-98; Ord. No. 18,173, tip' 1. 12-20-99,- Ord. No. 18,682, § 1(m) --(o), 5-21-
02)
• Sec. 36-591. - Purpose and goals.
(a)
(b)
The purpose of this article is to establish general guidelines for the siting of WCF.
The goals of this article are to:
(2)
(3)
Provide a range of locations for WCF in all zones unless otherwise prevented by law.
Within each zoning district, provide clear performance standards addressing the siting
of WCF.
Encourage the location of WCF on existing structures, including utility poles, signs,
water towers, buildings and other WCF where feasible.
Encourage collocation and site sharing of new and existing WCF.
Facilitate the use of public property and strictures for WCF.
Streamline and expedite permitting procedures to effect compliance with the Federal
Telecommunications Act of 1996.
Enhance the ability of providers of telecommunications services to provide such
service to the community quickly, effectively, and efficiently.
Protect residential areas from the uncontrolled development of WCF by requiring
reasonable siting conditions.
(Ord. No. 17,664,E 1, 1-20-98)
• Sec. 36-592. - Applicability.
(a)
(b)
M
Pre-existing WCF. WCF for which a permit has been issued prior to the effective date of
this article shall not be required to meet the requirements of this article as further specified
in section 36-598 of this article.
Relationship to other ordinances. This article shall supersede all conflicting requirements of
other code provisions and ordinances regarding the locating and permitting of WCF.
(Ord. No. 17,664, § 1, 1-20-98)
PA
Sec. 36-593. - Development standards.
(a)
Height standards.
(l)
Attached WCF. Antenna arrays for attached WCF are exempt from the setback
provisions of the zone in which they are located. Equipment not placed within or on
the attaclunent structure must meet setback requirements for the underlying zone. An
attached WCF antenna array may extend up to thirty (30) inches horizontally beyond
(2)
the edge of the attachment stricture so long as the antenna array does not encroach
upon an adjoining parcel.
WCF with support structures. uctures. WCF with support structures shall have a maximum
height of one hundred fifty (150) feet in all zones.
This co -location is on a tower that is 120 feet tall. This is in conformance with the code.
(b)
Setback standards.
(1)
(2)
(3)
Attached WCF Antenna arrays for attached WCF are exempt from the setback
provisions of the zone in which they are located. Equipment not placed within or on
the attachment structure must meet setback requirements for the underlying zone. An
attached WCF antenna array may extend up to thirty (30) inches horizontally beyond
the edge of the attachment structure so long as the antenna array does not encroach
upon an adjoining parcel.
WCF with support structures. WCF with support structures shall meet the setback
requirements for principle structures of the underlying zone in which they are located.
WCF with support structures abutting residential property. In the case of a WCF with
support structure which is to be placed on property which abuts a residential property
on any side, the support structure shall be set back a distance at least the height of the
support structure. That setback will be measured from the face of the base of the
support structure to the property line of the abutting residential property. The
equipment facility shall meet as a minimum the setback requirements of the underlying
zone.
This proposal is to co -locate on a tower that has already been placed at this site, and
therefore, the setback standards for locating the tower do not apply to this application.
(c)
Landscaping and screening
(1)
All existing and new WCF shall be screened and landscaped as follows:
a.
All WCF subject to this section shall contain a permanent six-foot landscape strip
parallel with all sides of the primary use area and outside of the opaque fence but
within the lease area, except for a space for ingress and egress to the primary use
area.
Please see Exhibit A, drawing C1, which shows a photograph of the existing 6' vegetative
buffer, and pages 2.0 and 3.0 which also show the placement of the buffer and refer to the
existing 8' wood (opaque) fence. This is in full compliance with the ordinance.
b.
See above.
C.
(2)
(3)
(4)
(5)
(6)
rel
An eight -foot opaque fence shall be constricted, finished side facing outward,
around the primary use area to provide screening and a background for required
landscaping within the six-foot landscape strip.
The opaque fence shall also satisfy the security fence requirement of subsection
(fl•
The landscape strip on each side of the primary use area shall be planted with two
(2) trees of a two-inch caliper which will grow to a spacing of fifteen (15) feet
which will grow to a minimum twenty (20) feet in height at maturity. Each
landscape strip shall also be planted with evergreen shrubs of thirty (30) inches
height at planting, with a maximum spacing of forty-eight (48) inches on center
and which will grow to a minimum height of sixty (60) inches at maturity.
Existing mature trees shall be retained within the six-foot landscape strip and all leased
or owned areas outside the primary use area except for reasonable ingress and egress.
Existing vegetation within a WCF site may be used in lieu of required landscaping
when approved by the planning commission for TUP applications or by staff in other
WCF applications.
The permanent six-foot landscape strip required by this section shall be maintained in
such a manner as to assure that vegetation grows to mature height. Any planting within
the strip shall be replaced if dead or diseased. Replacement vegetation shall be the
minimum number, type and size required in this section.
All applications for new or amended WCF shall include a detailed landscape plan for
placement and maintenance. The use of existing vegetation within the WCF site shall
be noted on the plan as to how it will fulfill the requirements of this article.
Existing WCF shall be landscaped and screened in accordance with this section within
thirty (30) days of the effective date of this section [May 21, 2002] unless compliance
is deferred by the planning commission through the TUP process because the WCF is
not currently located within one hundred (100) feet of any occupiable structure.
Provided, however, the WCF shall be landscaped and screened in accordance with this
article within ninety (.90) days of final inspection for any occupiable structure
subsequently constructed within one hundred (100) feet of the WCF.
a.
Lei
In such cases where the planning commission has granted a deferral of the
landscape and/or screening requirements of this article, the planning commission
may .modify the deferral or impose the landscape and screening requirements if, in
the future, a major change in circumstances occurs.
For purposes of this section, a "major change in circumstance" means that:
1.
The area within two hundred (200) feet of the boundaries of the WCF tower
site has developed to the point that there is a virtually unobstructed view of
the tower site fi-om any adjoining occupiable residential structure or from
public property or right-of-way, and
2.
3.
The City has received a complaint from the owner of an occupiable structure
located within two hundred (200) feet of the tower site that the site has
insufficient landscaping or screening in place; and
The City has requested that the parties resolve the issue by agreeing to
certain screening or landscaping requirements consistent with section 36-
593 which can be granted administratively by the director of planning and
development, but no agreement has been reached, or sufficient additional
space around the site has been acquired to meet the landscaping, setback and
screening requirements of Suction 36-593
Please see Exhibit A, drawing C1, which shows a photograph of the existing 6' vegetative
buffer, and pages 2.0 and 3.0 which also show the placement of the buffer and refer to the
existing 8' wood (opaque) fence. This is in full compliance with the ordinance.
(d)
Aesthetics, placement, materials and colors. WCF shall be designed so as to be compatible
with the existing strictures and surroundings to the extent feasible, including placement in a
location which is consistent with proper functioning of the WCF, the use of compatible or
neutral colors, or stealth technology.
(e)
Lighting and signage.
(1)
(2)
WCF shall not be artificially illuminated, directly or indirectly, except as may be
required by state or federal law, and except for:
(a)
Security and safety lighting of equipment buildings if such lighting is
appropriately down shielded to keep light within the boundaries of the site; and
(b)
Such illumination of the WCF as may be required by the FAA or other applicable
authority installed in a manner to minimize impacts on adjacent residences.
WCF shall not display any signage, logos, decals, symbols or any messages of a
commercial or noncommercial nature, except for a small message containing provider
identification and emergency telephone numbers.
There is no lighting and there are no signs on the tower where the applicant proposes to co -
locate.
Security fencing. WCF with support structures shall be enclosed by a security fence not less
than eight (8) feet in height. Security features may be incorporated into the buffer,
landscaping and screening requirements for the site. Nothing herein shall prevent security
fencing which is necessary to meet requirements of state or federal agencies.
Please see Exhibit A, drawing C1, which shows a photograph of the existing 6' vegetative
buffer, and pages 2.0 and 3.0 which also show the placement of the buffer and refer- to the
existing 8' wood (opaque) fence. This is in full compliance with the ordinance.
(g)
Radiofrequency emissions.
(1)
The FTA gives the FCC sole jurisdiction of the regulation of radio frequency (RF)
emissions, and WCF which meet the FCC standards shall not be conditioned or denied
on the basis of RF impact.
M
(2)
In order to provide information to its citizens, copies of ongoing FCC information
concerning WCF and RF emission standards may be requested. Applicants for WCF
shall be required to provide information with the application on the measurement of
the effective radiated power of the facility and how this meets the FCC standards.
This co -location is proposed to be at the elevation of 120'. The FCC has determined that
any placement of antennae that is more than thirty-six feet from the ground is categorically
excluded from the need for any calculation of the RF emissions. Therefore this provision of
the ordinance does not apply to this application.
(3)
No sound emissions such as alarms, bells, buzzers or the like are permitted.
There are no such alarms, bells, buzzers or the like as part of this proposed co -location.
(h)
Structural integrity. WCF with support structures shall be constructed to the Electronic
Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision
F Standard entitled "Structural Standards for Steel Antennas Towers and Antenna
Supporting Structures" (or equivalent), as it may be updated or amended. WCF with support
structure shall be capable of supporting at least two (2) additional antenna arrays.
The applicant proposes to co -locate on an existing tower and therefore this paragraph does
not apply to this application.
(i)
Collocation agreement. All applicants for WCF with support structures are required to
execute a statement upon tiling the application agreeing to allow collocation of other WCF
providers. The host WCF shall be constructed to accommodate two (2) additional antenna
arrays and their equipment facilities.
(Ord. No. 17,604, § 1, 1-20-98; Ord. No. 18,173, .! SS' 2, 3, 12-20-99; Ord. No. 18,682, § l (p)—
(s), (x), (v), 5-21-02; Ord. No. 18,683, § 1. 5-21-02
■ Sec. 36-594. - Review process.
(a)
General. The applicable development standards referred to herein are those set forth
in section 36-593 of this article.
(b)
(c)
(d)
Permitting procedures. Attached WCF with or without new building construction and WCF
with support structures that meet the development standards are permitted by administrative
review. All WCF applications that do not confonn with the development standards shall be
permitted through a tower use permit (TUP) review.
WCF as part of coordinated development approval. WCF as part of a proposed residential
or nonresidential subdivision, planned zoning district (PZD), site plan, conditional rezoning,
or other coordinated development approval shall be reviewed and approved through those
processes.
WCF fbr temporary term. Temporary WCF for a term not to exceed ninety (90) days are
permitted by administrative review, and in case of emergency shall be given expedited
review.
(Ord. No. 17,604, § 1, 1-20-98)
• Sec. 36-595. - Approval procedures.
(a)
(b)
Administrative review.
(1)
(2)
(3)
(4)
Review of WCF under this section shall be conducted by the department of planning
and development upon filing a WCF application. The submission requirements shall be
as directed by the "instructions for fling" outline provided to the applicant.
Review criteria. The department of planning and development shall review the
application for compliance with the development standards.
Tinting of decision. The department of planning and development shall render a
decision on the WCF application by written response to the applicant within five (5)
business days after receipt of the completed application, except that an extension may
be agreed upon by the applicant.
If administrative approval is not obtained due to noncompliance with the development
standards the applicant may apply for a TUP.
Tower use permit (TUP).
(1)
(2)
Approval body. The body that shall review and approve and have final authority of
TUP shall be the planning commission.
(3)
(4)
(5)
Applications.
a.
0
Application contents. Each applicant requesting a TUP under this article shall
submit a property survey and a scaled site plan containing a scaled elevation view
and other supporting drawings, calculations and other documentation showing the
location and dimensions of the WCF and all improvements associated therewith,
including information concerning specifications, antenna locations, equipment
facility and shelters, landscaping, parking, access, fencing, and if relevant as
determined by staff, topography, adjacent uses and existing vegetation.
Proprietary information. Any proprietary information required to comply with the
application process shall be placed in a separate envelope clearly marked
"Proprietary Information—To Be Returned." Upon cornpletion of staff review, or
upon request by any other person for this information, this marked material shall
be returned to the applicant. Under no circumstances shall the city maintain
proprietary information as a public record.
Submission requirements. Application for a TUP shall be submitted to the department
of planning and development on forms provided by staff. The application shall be
accompanied by a property survey and a scaled site plan containing the information
described above, together with the appropriate fee described insertion 23-3. The site
plan shall be tiled for review by the planning commission not later than the fling date
set by calendar.
Notice. Notice of the application and the public hearing by planning commission shall
be given in accordance with the procedures under the zoning ordinance for notice of
applications and hearings before the planning commission.
Hearing. The planning commission shall review and consider the application for a TUP
at a public hearing. At the hearing interested persons may appear and offer information
in support or opposition to the proposed application. The planning commission shall
take one (1) of the following actions:
a.
b.
C.
d.
Approve the application as submitted;
Approve the application with conditions or modifications;
Defer the application for additional information or neighborhood input; or
Deny the application.
(r)
Development standards. Every application for a TUP shall be reviewed for
compliance with the development standards set forth in section aG-593;
(6)
(7)
(8)
provided that the applicable development standards may be reduced or
waived so long as the approval of the WCF meets the goals and purposes
of section 36-591 herein. The planning commission may authorize a variance
fi-om the development standards by specific inclusion in a motion for
approval. No such variance authorized by the planning commission shall be
subsequently applied for a variance to the board of zoning adjustment.
Tower siting conditions. The planning commission may impose conditions
and restrictions on the application or on the premises benefitted by the TUP
as it deems necessary to reduce or minimize any adverse effects and to
enhance the compatibility of the WCF with the surrounding property, in
accordance with the purposes and intent of this chapter. The violation of any
condition shall be grounds for revocation of the TUP. The planning
commission may impose such conditions in addition to the development
standards upon the following findings:
a.
[Sol
C.
The WCF would result in probable significant adverse visual impact on
nearby residences.
The conditions are based upon the purpose and goals of this article as
set forth in section 36-591
The conditions are reasonable and capable of being accomplished.
Findings. All decisions rendered by the planning commission under a TUP shall be
final and shall be supported by written findings of fact and conclusions of law based
upon substantial evidence in the record.
Timing of decision. The planning commission shall render its decision on the date of
the next scheduled public hearing for which the application is filed.
Appeals. The decision of the planning commission may be appealed to the board of
directors of the city under the following circumstances:
a.
M$
C.
Only the applicant and those who registered an objection to the TOP in the record
of the planning commission shall have standing to appeal.
Only such evidence or testimony in support of or opposition to the issuance of the
TUP which was provided to the planning commission may be presented to the
board of directors unless [lie board, by majority vote, decides to hear- new
information.
91
In the course of its consideration of an application the planning commission may
deem it necessary to employ an engineer(s) qualified in the design and installation
of WCF to assist the city in the technical engineering aspects of the application. In
such cases, any reasonable costs incurred by the city not to exceed fifteen hundred
dollars ($1,500.00) with the engineer review and recommendation shall be
reimbursed by the applicant prior to the final city hearing on the TUP.
Appeal of decisions of the board of directors shall be filed in Chancery Court
within thirty (30) days of the final decision on the TUP.
(Ord. No. 17,664, § 1, 1-20-98; Ord. No. 18.682, §1(t)—(ii), 5-21-02)
M
Sec. 36-596. - Shared facilities and collocation policy; facilitating location on public
property.
(a)
(b)
Collocation. All WCF with support structure shall be constructed to be capable of sharing
the facility with other providers, to collocate with other existing WCF and to accommodate
the future collocation of other WCF, where technically and practically feasible. Applicants
proposing a new WCF with support structure shall demonstrate that it has made a
reasonable good faith attempt to fmd a collocation site acceptable to engineering standards
and that none was technically or practically feasible. Competitive conflict and financial
burden are not deemed to be adequate reasons against collocation.
Location on public property. The city will work with telecommunication providers to
facilitate the siting of WCF on city owned or controlled property, by identifying existing
facilities, the appropriate contact persons, and the appropriate procedures in accordance
with this article.
(Ord. No. 17.664, 1, 1-20-98)
M
Sec. 36-597. - Removal of abandoned WCF.
Any WCF that is not operated for a continuous period of twelve (12) months or such lesser time
if the city is so advised by the provider or landowner, shall be considered abandoned, and the
owner of such WCF shall remove same within ninety (90) days of notice to the city that the WCF
is abandoned. If the abandoned WCF is not removed within ninety (90) days, the city may
remove it and recover its cost from the owner of the WCF or from the landowner. If there are
two (2) or more users of a single WCF this provision shall not become effective until all
providers cease to use the WCF.
(Ord. No. 17,604, § 1, 1-20-98)
The applicant is not the owner of the tower and therefore this article does not apply to this
proposal. Verizon Wireless will, however, remove any equipment from the tower if they
cease operations on said tower.
Sec. 36-598. - Nonconforming WCF.
WCF in existence on the date of the adoption of the article, which do not comply with the
requirements of this article (nonconforming WCF) are subject to the following provisions:
(a)
(b)
(c)
Nonconforming WCF may continue in use for the purpose now used, but may not be
expanded without complying with this article, except as further provided in this
section.
Nonconforming WCF may add additional antennas (belonging to the same provider or
other providers) subject to administrative review under section 36-595 of this article.
Nonconforming WCF which become damaged or destroyed due to any reason or cause,
may be repaired and restored to its Formes use, location, and physical dimensions
subject to the provisions of this article.
(Orad. No. 17,664, §1, 1-20-98)
PA
Verizon Wireless respectfully submits this application for approval of the use of this site
for a telecommunications tower and the issuance of a er Use Permit (TUP)
Q
des L. LaP rn
Zoning Specialist
Faulk & Foster
1707 Roxbury Drive, N
Wilson, N.C. 27893
(518) 791-3740
Jim.lapann@faulkandfoster.com
FAULK & FOSTER REAL ESTATE, INC • OPERATING ACCOUNT
City of Little Rock
SCF Fee / Parkview High
CTB -Operating SCF Fee / Parkview High
11/24/2014
28750
100.00
100.00
City of Little Rock
Planning and Development
Filing Fees
Date 20
Annexation
$
Board of Adjustment
$
Cond. Use Permit/T U P
Final Plat
$
Planned Unit Dev
$
Preliminaiy Plat
$ _
Special Use Permit
$
Rezoning
Site Plans
t
Sti eet Name Change
�. ; 9
Street Name Signs
Number at ea
r $
`
Public Hearing Signs
-
Number at ea
$
Total
File No
Location
Applicantt�
By
red 1Jr
a ��