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HomeMy WebLinkAboutZ-5902 Staff AnalysisNovember 29, 1994 ITEM NO.: 22 FILE NO.: 2-5902 NAME: LOCATION: OWNERIAPPLICANT• PROPOSAL: ORDINANCE DESIGN STANDARDS: 1. Site Location Cellular One Tower - Adams Field Site - Conditional Use Permit Part of Lot 7, Cherry Acres Addition Cellular One by John Flake A conditional use permit is requested to allow for the construction of a 150 foot tall, monopole cellular tower on this R-2 zoned site. Associated with the tower is a 12 foot by 18 foot, unmanned equipment shelter. ___The tower site is a 50 foot by 50 foot leased area located within Lot 7, Cherry Acres Addition. The property is located north of Fourche Dam Pike, east of Deuerling Road and west of the Fourche Creek Levee. 2. Compatibility with Neighbgrhood The tower site is located in an open field east of the Cherry Acres Subdivision. This small residential subdivision is situated between the expanding Little Rock Airport and Fourche Creek where it enters the Arkansas River. The tower site is approximately 200 feet from the nearest residence and sits near the Fourche Creek Levee. The proposed monopole tower should have a minimal impact on adjacent properties. 3. On -Site Drives and Parking Access to the site is gained by a 20 foot access easement off of Deuerling Road. Parking is provided at the tower site for the service technician who will occasionally visit the site for maintenance purposes. No additional parking is required. November 29, 1994 SUBDIVISION ITEM NO.: 22 Cont. FILE NO.: Z-5902 4. Screening and Buffers A 6 foot opaque screen should be installed along the western perimeter of the tower site to shield the tower base and equipment shelter from the residential properties to the west. The strands of barb wire on top of the chain link fence must not extend outward, beyond the vertical plane of the fence. 5. City Engineer Comments Driveway design must conform to Section 31-210 at the point the access easement intersects Deuerling Road. 6. Uti ity Comments Little Rock Wastewater Utility reports there is a 12 inch force main in the immediate vicinity. They are unable to determine the exact location of the proposed tower site in relation to this 12 inch main. Contact Wastewater Utility for details. 7. Analys?s The applicant proposes to construct a 150 foot tall, monopole cellular tower on this R-2 zoned property. The proposed tower site is a 50 foot by 50 foot leased area within Lot 7, Cherry Acre Addition. The property is currently vacant, being used as farm land. The tower site is approximately 200 feet from the nearest residence and should have a minimal impact on the adjacent neighborhood. Two issues have surfaced during the review of this application which need addressed. The first issue concerns the proposed tower's relationship to the Little Rock Municipal Airport property. FAA approval must be received prior to the building permit being issued for the tower. The second issue concerns Deuerling Road. Several residents on the west side of Deuerling Road contend that the property on the east side of the street does not have access to Deuerling Road. They contend that Deuerling Road was dedicated by the residents on the west side of the street and it is, in effect, a private road. The City Engineer's Office has confirmed that Deuerling Road is in fact a dedicated public right-of-way and any abutting property owner has a right to access his property from it, including property owners on the east side of the street. Staff feels that the proposed monopole tower is a reasonable use for this property and supports the application. 2 November 29, 1994 SUBDIVISION ITEM NO.: 22 (Cont.) FILE NO.: Z-5902 8. Staff Recommendation Staff recommends approval of the application subject to compliance with the City Engineer, Utility and Landscape Comments. Staff also recommends that approval be granted subject to FAA approval being given prior to a building permit being issued. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 10, 1994) The applicant, John Flake, was present but left prior to the discussion of this item. He did receive a copy of the Subdivision Committee discussion list. Staff presented the item and noted the Landscaping, City Engineer and Utility Comments outlined above. Staff noted that FAA approval was required for this tower site. It was determined that any Planning Commission approval would be subject to FAA approval being granted prior to a building permit being obtained. A brief discussion then followed concerning access to the site over Deuerling Road. The Committee determined that there were no other outstanding issues and forwarded the item to the full Commission for final resolution. PLANNING COMMISSION ACTION: (NOVEMBER 29, 1994) John Flake was present representing the applicant. There were objectors present. Staff presented the item and a recommendation of approval. Staff read a letter from David Hathcock, City of Little Rock 911 Address Coordinator. In Mr. Hathcock's letter, he stated, "Deuerling Road is a dedicated city street as of the signing of the Mackey court order signed on June 17, 1970. This street may be used by any citizen at any time for access and egress from any property." Mr. Flake then presented a copy of the letter to the Commission. He offered no further comments at this time. Carl Sparks, of 1720 Deuerling Road, addressed the Commission in opposition to the proposed tower. Mr. Sparks stated that he was concerned about increased traffic on Deuerling Road and again questioned whether Deuerling Road was a public street. Leo Deuerling, of 1800 Deuerling Road, addressed the Commission in opposition to the proposed tower. He stated Deuerling Road is 3 November 29, 1994 SUEDIVISIO ITEM NO.: 22 (Cont.) FILE NO.: Z--5902 too narrow for truck traffic. Mr. Deuerling also stated that he felt access to the tower site should not be taken off of Deuerling Road. Mr. Flake responded that Deuerling Road is, in fact, a public street. He stated that the site will be unmanned and will generate very little traffic once the tower is constructed. Chairman Chachere stated that she understood the neighbor's concerns about construction vehicles damaging the road. Commissioner Putnam asked Mr. Flake if Cellular One had any problem agreeing to leave the road in the same condition it was found in prior to its use by construction traffic going to the tower site. Mr. Flake responded that Cellular One would repair any damage done to the road by construction traffic going to the tower site. A motion was then made to approve the application as recommended by staff. The vote was 9 ayes, 0 noes, 1 absent and 1 abstaining (Chachere). 4