HomeMy WebLinkAboutZ-6043-A ApplicationCase # Z -6043-A N
° 8126 SCOTT HAMILTON
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CF. 41.07
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PROPERTY LINE
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PROPOSED CRICKET
ANTENNA
TRS TINR12W32 W.C.F. COLLOCATION
CT 41.07 Z -6043-A
P 14 8126 SCOTT HAMILTON
WARD 6 NORTH
OFFICE OF THE CITY MANAGER
LITTLE ROCK, ARKANSAS
BOARD OF DIRECTORS COMMUNICATION
FEBRUARY 20, 2001 AGENDA
Subject
Cricket Communications request
to waive the ordinance
requirements for landscaping
and part of the screening of a
Wireless Communication
Facility at 8126 Scott Hamilton
Drive. (Z -6043-A)
SYNOPSIS
FISCAL IMPACT
RECOMMENDATION
CITIZEN PARTICIPATION
BACKGROUND
Action Required I Su
4Ordinance
Resolution
Approval
Information Report
Cy Carney
ity Manager
This request is coming to the Board to ask for a waiver of ttic
new landscaping and part of the screening requirements for a
Wireless Communication Facility (WCF) located at 8126
Scott Hamilton Drive due to the lack of space, and the nature
and the location of this particular site. The property is zoned
I-2, Light Industrial.
None
Passage of the ordinance approving the waiver.
None.
Cricket Communications, Inc., one of the cell phone service
providers in this area, is continuing their system build -out to
provide service. Their plan is to collocate where ever
possible. Cricket is proposing to collocate on this existing
150 foot Southwestern Bell WCF tower at a 138 foot height
and add equipment cabinets near the tower base. The
existing Wireless Communication Facility was approved by
the Board of Adjustment on September 25, 1995 under the
ordinance requirements at that time. Now additional
landscaping and screening requirements exist which must be
met at the time of collocation or by January 20, 2001. The
applicant cannot meet the new landscaping requirements at
this collocation site, but would install the required 8 foot
high wooden screening fence on two sides. A building abuts
the other two sides and so the applicant requests a waiver for
screening on those two sides.
BACKGROUND
CONTINUED
The applicant exceeds all other siting requirements except
for the new landscaping, and intends to install a screening
fence on two sides. For this particular site, the applicant is
requesting a waiver of the landscaping requirements on all
four sides. They are willing to install the 8 foot high privacy
fence on the two sides that do not face the building. They
desire a waiver for screening the north and east sides.
This existing leased area is bordered on the north and east by
a building, and on the south and west by a paved driveway
and the property line. There physically isn't room for six feet
of landscaping on the north and east sides due to the
closeness of the building, nor on the south and west sides
because of the paved driveway used to reach the rear
delivery area. A wood fence on the north and east side would
serve no purpose, again because of the closeness of the
building, which screens all view of those two sides. The
applicant has agreed to install a wooden screening fence on
the south and west sides. To install landscaping there would
require digging up existing asphalt and putting in dirt for the
required landscaping, and would provide minimal benefit.
The site is nestled in behind a large office/warehouse
building in an area which is all paved with asphalt, and
surrounded by industrial zoning and uses. It is bounded by a
training yard for Arkansas Electric Cooperative to the south.
To the west is more pavement behind the warehouse and
then more of the Arkansas Electric property and facilities.
The only place the ground area of the site can be seen is from
the west from Arkansas Electric grounds, and from the south
after looking several hundred yards across the training yard.
The training yard is full of upright and lying down utility
poles and mock electric distribution systems. There is a
trailer park on the other side of the training yard, but it
would be several hundred yards away. The site is well
screened already by the location and nature of the site.
Staff believes the waiver request for the landscaping on all
four sides, and screening on the north and east sides is
justified and would not cause any negative impact on the
area.
I
2
ORDINANCE NO. 18,429
3 AN ORDINANCE TO GRANT CRICKET COMMUNICATIONS A
4 WAIVER OF THE REQUIREMENTS TO COMPLY AT THIS TIME
5 WITH CERTAIN LANDSCAPE AND SCREENING PROVISIONS
6 OF LITTLE ROCK, ARK. ORDINANCE NO. 18,173 (DECEMBER
7 20, 1999) FOR TWO (2) WIRELESS COMMUNICATION TOWERS
8 IN EXISTENCE ON THE DATE OF THE ORDINANCE; TO SET
9 CERTAIN CONDITIONS FOR THESE SITES; TO DECLARE AN
10 EMERGENCY; AND FOR OTHER PURPOSES.
11
12 WHEREAS, the Board of Directors passed certain standards for landscaping and
13 buffering of wireless communication facilities (the "WCF") in Little Rock, Ark.,
14 Ordinance No. 18,173 (December 20, 1999), as may be amended ("LRO 18,173"),
15 which were to apply to all future applications for WCF permits, and
16 WHEREAS, Section 2(c)(6) included a requirement that WCFs in existence on
17 the date of the ordinance, but not in compliance with the provisions of the ordinance,
18 were required to come into compliance within a two year period of time unless the
19 Board granted a waiver, or a deferral, of the various provisions, and
20 WHEREAS, Cricket Communications has applied for waivers of two sites it
21 desires to co -locate its facilities on towers which were in existence when LRO 18,173
22 was passed, and
23 WHEREAS, as set forth below, the Board believes the requests are appropriate
24 under the current circumstances.
25 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
26 DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS:
27 SECTION 1. The following WCF permits are granted waivers of strict
28 compliance with the landscaping or screening and buffering provisions, or both as set
29 forth below, of LRO 18,173 as follows:
I (A) 8126 Scott Hamilton Drive. Because this site is within and behind
2 a large office and industrial warehouse building in an area which is all
3 paved with asphalt and surrounded by industrial zoning and uses, and the
4 fact that applicant will install a screening fence on two sides of the site, the
5 following waiver from strict compliance with LRO 18,173, under the
6 current circumstances, is granted:
7 (1) Landscaping requirements on all four sides of the structure
8 are waived.
9 (2) Screening requirements on the north and east sides of the
10 structure are waived.
11 For these reasons, strict compliance with LRO 18,173 is waived until such time
12 as a major change in circumstances make it necessary to impose landscaping or
13 screening requirements in order to meet the goals set forth in the ordinance.
14 (B) 1429 Merrill Drive. Because the existing WCF tower at this location is
15 within an area zoned C-3, Commercial, and is bordered on the north by asphalt
16 parking lot and a commercial building, on the east and south by paved parking
17 area, and on the west by a narrow strip of ground between the site and the
18 property line, and because the applicant will construct an 8 foot wood screening
19 fence around the site, as well as meeting all other siting requirements, the
20 following waiver from strict compliance with LRO 18,173, under the current
21 circumstances, is granted:
22 (1) Landscaping requirements on all four sides of the structure
23 are waived.
24 For this reason, strict compliance with LRO 18,173 is waived until such time as
25 a major change in circumstances make it necessary to impose landscaping or screening
26 requirements in order to meet the goals set forth in the ordinance.
27
28
-2-
I Section 1. Findings.
2 (A) The Board declares that the general landscaping and screening provisions of
3 LRO 18,173 should be met whenever possible, particularly in residential areas, but that
4 strict compliance for WCF tower permits granted prior to the effective date LRO 18,173
5 is not always appropriate under existing circumstances. For example, it may not be
6 possible to purchase or lease additional property around the existing WCF site to meet
7 the landscape and buffer requirements. Or, while the applicant is willing to fulfill the
8 City's stated preference of tower collocation, it is unable to do so and meet landscaping
9 requirements because a particular WCF tower is located in an area that, regardless of
10 its zoning classification, is really commercial or industrial in nature, and not only would
11 landscaping be of minimal value, it might in fact draw attention to the tower location
12 and invite theft, vandalism, and be in derogation of the goals and purposes of LRO
13 18,173.
14 (B) Under such circumstances, and others not set forth herein, it is appropriate
15 to grant waivers from the strict requirements of LRO 18,173, provided that if in the
16 future a major change in circumstances occurs, the City may modify the waivers granted
17 to any subsection of this ordinance in accordance with Subsection (C) below.
18 (C) For purposes of this ordinance, "a major change in circumstance" means
19 that the area within 200 feet of the boundaries of the WCF tower site has developed to
20 the point that there is a virtually unobstructed view of the tower from any adjoining
21 residences located in an area zoned R-1, R-2, or R-3, and
22 (1) (a) The City has received a complaint from the
23 owner of such a residence located within 200
24 feet of the tower site that the site has no
25 landscaping or screening in place; and
26 (b) The City has requested that the parties resolve
27 the issue by agreeing to certain screening or
28 landscaping requirements consistent with LRO
-3-
1 18,173, which can be granted administratively
2 by the Director of Planning and Development,
3 but no agreement has been reached.
4 Once a year, for any matters impacted by this provision, the Board will
5 receive a report from the Department of Planning and Development, to be
6 made a part of the Board records on file with the City Clerk, which
7 identifies the tower sites that have previously received waivers but,
8 pursuant to this provision or any similar applicable provisions, has been
9 the subject of modifications. In addition, these modifications shall be
10 noted on the City's geographic information system map; OR
11 (2) The tower site permittee has leased sufficient
12 additional space to meet the landscaping setback, setback
13 and screening requirements or LRO 18,173, subject to any
14 right of review set forth in that ordinance, as may be
15 amended.
16 (D) Pursuant to the provisions of subsection (C) above, before any modification
17 of a waiver is required, the City shall demonstrate that a major change in circumstances
18 from the date of the original permit grant, or from the date of any waiver or deferral, has
19 occurred.
20 Section 3. Severability. In the event any section, subsection, subdivision,
21 paragraph, item, sentence, clause, phrase, or word of this ordinance is declared or
22 adjudged to be invalid or unconstitutional, such declaration or adjudication shall not
23 affect the remaining portions of the ordinance which shall remain in full force and effect
24 as if the portion so declared or adjudged invalid or unconstitutional was not originally
25 a part of the ordinance.
26 Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same, that
27 are inconsistent with the provisions of this ordinance are hereby repealed to the extent
28 of such inconsistency.
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Section 5. Emergency. The City appreciate the fact that the federal government
has taken steps to encourage the advancement of telecommunications technology, and
understands that it is incumbent upon the City to encourage additional carriers to enter
into the telecommunications field and to be able to have some certainty about the
requirements and conditions for tower permits within the City. Such development is
essential to protect the public health, safety and welfare. An emergency is, therefore,
declared to exist, and this ordinance shall be in full force and effect from and after the
date of its passage.
PASSED: February 20, 2001
ATTEST: APPROVED:
Wancy'W167od, City Clerk
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, City A rney
-5-
� C
J' ailey, Mayor
WIRELESS COMMUNICATION FACILITY (WCF) APPLICATION
WCF CASE FILE NO.: Z - ADDRESS: 8126 Scott Hamilton Drive LIT -054 Windamere
LEGAL DESCRIPTION: Part of the West % of Section 32, Township 1 North, Range 12 West, in the City of
Little Rock, Pulaski County, Arkansas.
ZONING CLASSIFICATION: -�
PROPERTY LOCATED IN FLOODPLAIN DISTRICT
ATTACHED:
ABUTTING RESIDENTIAL: _YES X NO
YES X NO
XX OR WITH SUPPORT STRUCTURE;
LIGHTING: YES X NO
LANDSCAPE PLAN ATTACHED: _Request Waiver
DOWNSHIELDED:
PLATTED BUILDING LINE
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/ 6r SIV >'..'
ERP INFORMATION ATTACHED: _YES
COLLOCATION STATEMENT/AGREEMENT ATTACHED: N/A
ADDITIONAL DEVELOPMENT STANDARD INFORMATION:
This tower is an existing 150' overall monopole Cricket's antennas will not exceed 138'.
APPLICANT NAME: Cricket Communications, Inc. c/o SiteExcell, LLC, Attn: Alissa Coffield.
APPLICANT ADDRESS: 415 North McKinley, Suite 1235 Little Rock, AR 72205
APPLICANT PHONE NO.: 604-4000
APPLICANT SIGNATURE: �-t
FAX NO.: 604.4010
DATE RECEIVED: 113110 I w
EASEMENT CLEARANCE: 9PREgl DENIED
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Any information not provided regarding easement or
floodway/plain, which impacts the decision regarding
APPLICATION: APPROVED DENIED this application is the 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. Co ns 1 roc c/ or w d o+�'-z
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DATE: 2 t PLANNING OFFICIAL:
MAXIMUM
HEIGHT
SETBACKS:
FRONT REAR
SIDES
Allowed WCF Tower/Antenna
150' E isfi
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Pro osed La11
i38'
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SECURITY FENCING HEIGHT:
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LIGHTING: YES X NO
LANDSCAPE PLAN ATTACHED: _Request Waiver
DOWNSHIELDED:
PLATTED BUILDING LINE
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/ 6r SIV >'..'
ERP INFORMATION ATTACHED: _YES
COLLOCATION STATEMENT/AGREEMENT ATTACHED: N/A
ADDITIONAL DEVELOPMENT STANDARD INFORMATION:
This tower is an existing 150' overall monopole Cricket's antennas will not exceed 138'.
APPLICANT NAME: Cricket Communications, Inc. c/o SiteExcell, LLC, Attn: Alissa Coffield.
APPLICANT ADDRESS: 415 North McKinley, Suite 1235 Little Rock, AR 72205
APPLICANT PHONE NO.: 604-4000
APPLICANT SIGNATURE: �-t
FAX NO.: 604.4010
DATE RECEIVED: 113110 I w
EASEMENT CLEARANCE: 9PREgl DENIED
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f v e, -J {LY cua- ve�r
Any information not provided regarding easement or
floodway/plain, which impacts the decision regarding
APPLICATION: APPROVED DENIED this application is the 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. Co ns 1 roc c/ or w d o+�'-z
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DATE: 2 t PLANNING OFFICIAL:
January 30, 2000
Mr. James Connell
Department of Planning and Development
723 West Markham Street
Little Rock, AR 72201
siteExcett, [.[.c
agement • Collocation Marketing • Due Diligence Reviews
ices • Site -Related Software & Imaging Technologies
Re: Request for WCF located at 8126 Scott Hamilton Drive.
Dear Mr. Cornell,
Cricket Communications, Inc. (Cricket) is one of several telecommunications companies licensed
by the Federal Communications Commission (FCC) to provide wireless communications services
within Pulaski County, Arkansas. Cricket is constructing its wireless network within Pulaski
County and has contracted with our company, SiteExcell, LLC, to provide real estate site
acquisition services. In granting the license to Cricket, the FCC mandates that Cricket provide
adequate wireless coverage to the public. In order to do this, Cricket must construct a network of
wireless communications facilities throughout the Pulaski County metropolitan area. Because
Cricket is so sensitive to community concerns, it has attempted (whenever criteria allows) to
target existing structures or to select sites that have a minimal impact on surrounding properties.
The above referenced property is zonedA0-4'with a monopole belonging to Southwestern Bell
Wireless, Inc. already in place. Cricket will sublease a small portion of Southwestern Bell's
leased parcel for their equipment cabinet. Cricket has filed the attached Wireless Communication
Facility (WCF) Application to grant them the ability to collocate on this tower. As per the
application, Cricket antennas will not exceed 138. We confirmed that the height of the tower is
148' with the overall height being 150' with Southwestern Bell's antennas. This monopole is
located behind a warehouse type use facility. There is an electrical substation located to the
South. The compound is surrounded by an 8' wooden privacy fence. All of the surrounding land
uses are commercial. It is for these reasons that Cricket would like to request a_ landsca a waiver
from the Board of Directors at the February 20`h public hearing.
Cricket and SiteExcell, LLC respectfully request that your office approve this application which
will allow Cricket to provide adequate service to its customers as required by its license from the
FCC and to better serve the community as a whole.
Si cerely,
ws-t,_
Allsa Coffield
Col ocationlZoning Manager
Cc: Windamere (LIT -054)
JAN 3 1 2001
1J iT. �L
415 North McKinley, Suite 1235 Little Rock, Arkansas 72205 Telephone 501-604-4000 Facsimile 501-604-4010
ONLINE: WWW.SITEEXCELL.COM E-MAIL: CONTACT9SITEEXCELL.COM
WIRELESS TELECOMMUNICATIONS FACILTY
STATEMENT OF EFFECTIVE RADIATED POWER
Cricket Communications, Inc.
Site Id#: LIT -054
Site Name: Windamere
Site Address: 8126 Scott Hamilton Drive
Little Rock, AR 72209
Type of Installation: Collocation on existing monopole.
The measurement of Effective Radiated Power (ERP) for our installation is 100 watts or
less. The current FCC standards (reference: Federal Communications Commission,
Office of Engineering and Technology, Washington D.C. 20554, January, 1998 -
Information on Human Exposure to Radio Frequency fields from Cellular and PCS Radio
Transmitters) permit up to 500 watts ERP for this type of installation.
This installation as designed meets the FCC standards.
Songlin g Date
Radio Frequen Engineer
03/22/01 THU 16:00 FAX 501 604 4010 SiteExcell
uO/zz/ZUOs 1s:32 FAX 919 489 3218 SpECTRASITE SOUTH
83/22/2891 13:22 19185635558 SWD WIRELESS
x,
he
AFMAVIT
low that I
to act as ray
agent regarding the gWffi abrrn for , =F of the below described property.
+
Property deScri:bcd 29: Parc of the V4est1/2 of Section 32,Towushlp 1 North, Range
12 West, in the Giry of Little Rock, 6laski County, Arkansas
More particuaarly described w (adders): 9126 Scott 1 amitton
Ufflh Rack 72=
&LWA WakeBald Villas
Tower • .. b _ ..ti Dam:
Titlet
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Subscribed and sworn to me a Notaiy Public on this day
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Notary FltbjiC
My Commission Expires:
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FMRS 2 � 2001
BY. v
SRO #: "T 054
Stir& Nasxw: Windamcre
Fm North
Z-35
Site z - 611,35
2-3239
METROPOLITAN
HIGH SCHOOL
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Z-9758
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SiteExce14 LLC
Plaza West Building
415 North McKinley, Suite 1235
Little Rock, Arkansas 72205
Tel: (501) 604-4000
Fax (501) 604-4010 Site ID / Number: LIT 054A
Site Name: Windamere
Local Map and Drive to Directions: I 30 West to Scott Hamilton Exit. Left back over I
30 West on Scott Hamilton for .2 mile to last entrance to warehouse offices on your right.
Travel on back lot line to SW Bell Monopole at end of warehouse offices. Do NOT use
first entrance as it will take too much turning radius.
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Confidential & Pmpfletary lnfommfion
SiteExcell, LLC
Plaza West Building
415 North McKinley, Suite 1235
Little Rock, Arkansas 72205
Tel: (501) 604-4000
Fax (501) 604-4010
Date:
Agent Name:
S. Ring Name & #:
Candidate Name:
911 Address Information
8-31-2000
Gary M Ludwig
Windamere LIT 054 A
SW Bell Co -Lo
OFFICIAL " 911" SITE ADDRESS
8126 Scott Hamilton Drive
Little Rock, AR 72209
Date Assigned: NIA
Assigned B Name :N/A
-IT 054 A
V,..,damere SWBell Co -Lo
ASSIGNED TO THIS SITE:
Site ID / Number:
Site Name:
THIS 911 ADDRESS HAS BEEN VERIFIED TO MATCH THE SITE ADDRESS
ASSIGNED TO THIS SITE WITH THE LOCAL OFFICIALS: (initials) GML
What is the addressing organizations in this area (i.e. 911 County, Post Office)?
City of Little Rock AR Public Works 911
Contact name: David Hathcock
Contact telephone number: 501-371-4537
Contact fax number: 501-371-4821
Contact street address: 710 West Markham
Contact city/state/zip: Little Rock, AR 72201
If an address is not already assigned to the specific site, please describe the
process for having an address assigned for the site, including timeframes:
Print Name:
Agent Signature
L
Confidential & Proprietary Information
Date 8-31-2000
G -
f
Norman A Floyd & Janet Berry
8013 Mabelvale Cutoff Road
Mabelvale, AR, 72103
Fax Cover Sheet
DATE: February 19, 2001
TO: Jim Connell
TIME: 10.28 PM
PHONE: 501-371-4789
FAX: 501-371-6863
FROM: Norm Floyd & PHONE: 501-568-4677
Janet Berry FAX: 501-569-9895
RE: February 20, 2001 — Board of Directors Meeting
Number of pages including cover sheet: 1
Thank you for notifying us of the cell tower locations coming before the Board of
Directors on February 20, 2001.
We reviewed all three locations:
■ 8126 Scott Hamilton Drive
■ 3005 West 6e Street
■ 1429 Merrill Drive
We agree that landscaping these locations would be impractical and are in
agreement with the requested landscape waivers as well as the height variance
requested.
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00:ZZ 10, 6T 939 Tod 982 AH839 l '8 QA019 N 968669ST09
Cfty of Little Rock
Department of Planning and DevelopmentPlanning
Zoning and
723 West Markham Subdivision
Little Rock, Arkansas 72201-1334
13 (501) 371-4790
NOTICE OF PUBLIC HEARING BEFORE THE LITTLE
ROCK BOARD OF DIRECTORS ON A REQUEST
FOR USE CHANGE OR DEVELOPMENT OF LAND
TO: SWLR United for Pi
ATTENTION: Janet
February 15, 2001
ADDRESS: 8013 Mabelvale Cut -Off
AR 72103
REQUEST: To obtain a landscape waiver for all sides of this existing 150 foot SWB
tower site and a screening waiver for the two sides that face a building at this
existing 150 foot SWB tower site.(Z-6043-Lk)
GENERAL LOCATION OR ADDRESS: 8126 Scott Hamilton Dr.
OWNED BY: Southwestern Bell Telephone leased area Cricket collocation
NOTICE IS HEREBY GIVEN THAT an application for a Landscaping/Screening
Waiver for the above property has been filed with the Department of Planning and
Development. A public hearing will be held by the L.R. Board of Directors in the Board
of Directors Chamber, second floor, City Hall, on February 20, 2001 at 6:00 P.M. This
notice is provided in order to assure that neighborhood associations are aware of issues
that may affect their neighborhood. Information requests should be directed to the
Planning staff at 371-4790.
Jim=LwWsion, Director
City of Little Rock
Department of Pffin-ning and Dwv-&-lopmontPlanning
Zoning and
723 West Markham Subdivision
Little Rock, Arkansas 72201-1334
13 (501) 371-4790
NOTICE OF PUBLIC HEARING BEFORE THE LITTLE
ROCK BOARD OF DIRECTORS ON A REQUEST
FOR USE CHANGE OR DEVELOPMENT OF LAND
February 15, 2001
TO: Upper Baseline Neighborhood Association
ATTENTION: Patricia Gee
ADDRESS: 8409 Dowan Drive
Little Rock, AR 72209
REQUEST: To obtain a landscape waiver for all sides of this existing 150 foot SWB
tower site and a screening waiver for two sides that face a building. (Z -6043-A)
GENERAL LOCATION OR ADDRESS: 8126 Scott Hamilton Dr.
OWNED BY: Southwestern Bell Telephone leased area (Cricket collocation
NOTICE IS HEREBY GIVEN THAT an application for a Landscaping/Screening
Waiver for the above property has been filed with the Department of Planning and
Development. A public hearing will be held by the L.R. Board of Directors in the Board
of Directors Chamber, second floor, City Hall, on February 20, 2001 at 6:00 P.M. This
notice is provided in order to assure that neighborhood associations are aware of issues
that may affect their neighborhood. Information requests should be directed to the
Planning staff at 371-4790.
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