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HomeMy WebLinkAboutZ-6116-A ApplicationC3 R2 E�] R2 R2 mo R2 j J F - R2 J w C3 R2L W41'TE OdK r, ITE OAk R2' R2 -j L R2 1-71 R2 R2 R2 C3 J Q. INDIAN INDIAN R2 r7i C.- L:--. 03 z LJ E R2 < R2 L fl R2 lR5 ICKSON PCD - C, i PC J - R2 R5 R2 R2 C3 Lj R2< r R2 C R2 L) IOWA -I F - - L -,j rL , L IOWA L MFI R2 RT 2 ILI` i PZ2 ----------- < SON- BRAT R2 D Area Zoning Case # Z -6116-A N 7626 Cantrell Road Cingular Wireless 133' Monopole Cr. 22.01 TRS: UNRI3K6 0 200 400 Feet PD: 3 Vicinity Map Ward: 4 Item # 2 150.17' Existing Equipment 45helter xiSting} 133' �MonopolA` TKS 2N13W26 (;-r 22.01 FV 3 WAKI) 4 LOT 12 20' I ng ress/ Egress Easement Exist. 1 -story LOT 11 5r!ck Bldg. 1 �- Existing 6' High^looden ,� [ Fences o .✓✓J N LOT 10 LOT 9 145.55' ^Exist. 1 -story Buick Bldg. mammey Street m LINGULAR WIRELESS, 133' MONOf OLE 4A�2) Z -6116-A 7626 Cantrell Koad mNORTH ITEM NO. oN o Exist. o ; 2-5tory N' Stucco �I wilding o, �I j TKS 2N13W26 (;-r 22.01 FV 3 WAKI) 4 LOT 12 20' I ng ress/ Egress Easement Exist. 1 -story LOT 11 5r!ck Bldg. 1 �- Existing 6' High^looden ,� [ Fences o .✓✓J N LOT 10 LOT 9 145.55' ^Exist. 1 -story Buick Bldg. mammey Street m LINGULAR WIRELESS, 133' MONOf OLE 4A�2) Z -6116-A 7626 Cantrell Koad mNORTH ITEM NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 ORDINANCE NO. 18, 634 AN ORDINANCE GRANTING A WAIVER OF THE REQUIREMENT TO COMPLY AT THIS TIME WITH LANDSCAPE AND SCREENING REQUIREMENTS FOR TWO WIRELESS COMMUNICATION FACILITY LOCATIONS OWNED BY CINGULAR WIRELESS LLC; TO SET CERTAIN CONDITIONS FOR THESE SITES; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, the Board of Directors passed certain standards for landscaping and buffering of wireless communication facilities ("WCF") in Little Rock, Ark., Ordinance No. 18,173 (December 20, 1999), as may be amended ("LRO 18,173") which were to apply to all future applications for WCF permits, and WHEREAS, Section 2(c)(6) included a requirement that WCFs in existence on the date of LRO 18,173, but not in compliance with the provisions of the ordinance, were required to come into compliance within a two (2) year period of time unless the Board granted a waiver or deferral of the various provisions, and WHEREAS, Cingular Wireless, LLC, has applied for waivers of the landscaping and screening requirements of existing WCF with Support Structures on two of its locations; and WHEREAS, City staff supports the waivers as requested because these sites are located out of site of residential areas; and WHEREAS, as set forth below the Board believes the request is appropriate under the current circumstances. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: Section 1. The WCF located 7626 Cantrell Road (Z -6116-A) is granted a waiver of the strict compliance with the landscaping and screening requirements of LRO 18,173 for the following reasons: a. The WCF is located within a .69 acre commercial tract. It also contains three buildings with offices and a restaurant/bar; the remainder of the property is paved b. Paved parking and service drives and the commercial buildings are located between the WCF and abutting streets. I C. The site does abut single-family residential property on the north 2 (rear) but the residential properties are located 4 feet below the 3 elevation of the commercial property and the WCF and the existing 6 4 foot fence on the north side adequately screens the WCF. 5 d. The area between the WCF and the residential properties on the 6 north is a rip -rapped slope which would be enhanced with the 7 planting of trees and shrubs. 8 Therefore, the following waivers from strict compliance under the current 9 circumstances is granted. 10 (1) A waiver of the landscaping requirements on the west, 11 south and east perimeters only of the WCF is granted. 12 (2) The screening requirement of an 8 foot tall privacy fence is 13 waived on all 4 sides of the site. 14 For these reasons, strict compliance with LRO 18,173 is waived until such time as a major 15 change in circumstances makes it necessary to impose landscaping and screening requirements in 16 order to meet the goals set forth in the ordinance. 17 Section 2. The WCF located 701 Napa Valley (Z -3789-H) is granted a waiver of the 18 strict compliance with the provisions of LRO 18,173 for the following reasons: 19 a. Three other WCF providers are already located on the 177 foot monopole at 20 this site; 21 b. The WCF site is adjacent to the equipment building and lattice tower that 22 serve a television station operated by Agape Church; 23 C. The WCF and church tower facility are enclosed by a 6 foot tall chain link 24 fence and the facility is located within the grounds of the large Agape Church 25 campus; 26 d. The WCF is not visible from adjacent properties on any side other than from 27 the south; 28 Therefore, the following waivers from strict compliance with LRO 18,173 under the current 29 circumstances is granted. 30 (1) Landscape waiver on all four sides of the site. 31 (2) Screening requirement of an 8 foot high fence on the east, west, and 32 north sides only of the site. 33 For these reasons, strict compliance with LRO 18,173 is waived until such time as a major 34 change in circumstances makes it necessary to impose landscaping and screening requirements in [Page 2 of 41 I order to meet the goals set forth in the ordinance. 2 Section 10. Findings. 3 (A) The Board declares that the general landscaping and screening provisions of LRO 18,173 4 should be met whenever possible, particularly in residential areas, but that strict compliance for 5 WCF tower permits granted prior to the effective date LRO 18,173 is not always appropriate under 6 existing circumstances. For example, it may not be possible to purchase or lease additional property 7 around the existing WCF site to meet the landscape and buffer requirements. Or, while the 8 applicant is willing to fulfill the City's stated preference of tower collocation, it is unable to do so and 9 meet landscaping requirements because a particular WCF tower is located in an area that, regardless 10 of 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 and invite 12 theft, vandalism, and be in derogation of the goals and purposes of LRO 18,173. 13 (B) Under such circumstances, and others not set forth herein, it is appropriate to grant a 14 waiver from the strict requirements of LRO 18,173, provided that if in the future a major change in 15 circumstances occurs, the City may modify the waivers granted herein in accordance with 16 Subsection (C) below. 17 (C) For purposes of this ordinance, "a major change in circumstance" means that the 18 area within 200 feet of the boundaries of the WCF tower site has developed to the point that there is 19 a virtually unobstructed view of the tower from any adjoining residences located in an area zoned R- 20 1, R-2, or R-3; AND 21 (1) (a) The City has received a complaint 22 from the owner of such a residence located 23 within 200 feet of the tower site that the site 24 has no landscaping or screening in place; and 25 (b) The City has requested that the parties 26 resolve the issue by agreeing to certain 27 screening or landscaping requirements 28 consistent with LRO 18,173, which can be 29 granted administratively by the Director of 30 Planning and Development, but no agreement 31 has been reached; or 32 (2) The tower site permittee has leased sufficient 33 additional space to meet the landscaping, setback and [Page 3 of 4] I screening requirements or LRO 18,173, subject to any right of 2 review set forth in that ordinance, as may be amended. 3 (D) Once a year, for any matters impacted by this provision, the Board will receive a 4 report from the Department of Planning and Development, to be made a part of the records on file 5 with the City Clerk, which identifies the tower sites that have previously received waivers but, 6 pursuant to this provision or any similar applicable provisions, has been the subject of modification. 7 In addition, these modifications shall be noted on the City's geographic information system map. 8 (E) Pursuant to the provisions of subsection (C) above, before any modification of a 9 waiver is required, the City shall demonstrate that a major change in circumstances from the date of 10 the original permit grant, or from the date of any waiver or deferral, has occurred. 11 Section 11. Severability. In the event any section, subsection, subdivision, paragraph, item, 12 sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or 13 unconstitutional, such declaration or adjudication shall not affect the remaining portions of the 14 ordinance which shall remain in full force and effect as if the portion so declared or adjudged invalid 15 or unconstitutional was not originally a part of the ordinance. 16 Section 12. Repealer. All laws, ordinances, resolutions, or parts of the same, that are 17 inconsistent with the provisions of this ordinance are hereby repealed to the extent of such 18 inconsistency. 19 Section 13. Emergency. The City appreciates the fact that the federal government has taken 20 steps to encourage the advancement of telecommunications technology, and understands that it is 21 incumbent upon the City to encourage additional carriers to enter into the telecommunications field 22 and to be able to have some certainty about the requirements and conditions for tower permits 23 within the City. Such development is essential to protect the public health, safety and welfare. An 24 emergency is, therefore, declared to exist, and this ordinance shall be in full force and effect from 25 and after the date of its passage. 26 PASSED: February S, 2002 27 ATTEST: APPROVED: 28 29�� 30 Nancy Wood, City Clerk Jim Dailey, Mayor 31 32 APPROVED AS TO LEGAL FORM: 33 s/Tom Carpenter 34 Thomas M. Carpenter, City Attorney [Page 4 of 4] OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION FEBRUARY 5, 2002 AGENDA Subject Ordinance granting Cingular Wireless, LLC a waiver of the landscaping and screening requirements for an existing WCF located at 7626 Cantrell Road (Z -6116-A). Action Required 40rdinance Resolution Approval Information Report Submitted By Cy Carney City Manager SYNOPSIS Cingular Wireless, LLC is requesting a waiver of the landscaping and screening requirements of Section 36-593(c) for an existing WCF located on the C-3 Commercial zoned property located at 7626 Cantrell Road. FISCAL IMPACT None RECOMMENDATION Approval of the ordinance granting a partial waiver CITIZEN The Meriwether Neighborhood Association and Janet Berry of PARTICIPATION SWLRUP were notified of the request and the February 5, 2002 Board hearing date. BACKGROUND On December 20, 1999, the Little Rock Board of Directors passed Ordinance No. 18,173, which amended Section 36-593 and created new landscaping and screening standards for Wireless Communication facilities. All existing WCF were to be landscaped and screened to meet the standards within two (2) years of December 20, 1999. The standards include the requirement of an eight (8) foot tall opaque fence to be constructed around the primary use area and a six (6) foot wide landscaping strip to be placed around the primary use area, outside of the opaque fence. Waivers or deferrals of the standards may only be granted by the Board of Directors. BACKGROUND CONTINUED The Cingular Wireless, LLC site located at 7626 Cantrell Road consists of a 133 foot monopole and an equipment building within a 720 square foot lease area. The lease area is located within a .69 acre commercial tract that also contains three buildings containing offices and a restaurantibar. The remainder of the property is paved. The base of the monopole is enclosed by a 6 foot tall wood, privacy fence. The equipment building has an aggregate rock finish and is not enclosed within the fence. The WCF is located at the edge of the parking lot behind the three commercial/office buildings. Paved parking, service drives and the buildings are located between the WCF and the abutting streets. The site does abut single family residential property on the north (rear). The WCF was approved as a conditional use by the Planning Commission on April 25, 1996. The applicant is requesting a waiver of the landscaping and screening requirements on all four sides of the lease area. The request was filed prior to December 20, 2001. Staff is supportive of the requested waiver of the requirement to enclose the site with an 8 foot tall fence. The screening requirement would be of value only to the residences to the rear. The equipment building and the existing 6 foot tall privacy fence provide the needed screening. The residential properties are located 4± feet below the elevation of the commercial property and the WCF. This has the effect of visually raising the height of the existing 6 foot fence so that the base of the WCF is screened from the residential properties. Staff does believe that the area between the WCF and the residential properties, north of the WCF should be landscaped. A rip -rapped slope is located behind the WCF. Planting trees and shrubs in this area would enhance the view of the base of the WCF from the residential properties. Staff does support a waiver of the landscaping requirement on the other three perimeters of the WCF. City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 Subdivision January 8, 2002 Mark Stodola Catlett, Yancey and Stodola Tower Building, 18th Floor Little Rock, AR 72201 Re: Cingular Tower Sites Dear Mark: Due to scheduling difficulties, I was not able to place the Cingular waivers on the Board's January 15, 2002 Agenda. I have placed them on the Board's February 5, 2002 Agenda. 1 hope this does not create difficulties for you. If you have any questions, pleas call me at 371-6817. Sincerely, Dana Carney Zoning and Subdivision (FX City of Little Rock Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 May 29, 2002 Lisa Taylor Hope Engineers, Inc. 322 N. Market Benton, AR 72015 Fax #. (501) 315-0700 Re: Cingular Wireless Sites Dear Ms. Taylor: Planning Zoning and Subdivision The attached site plans for the Cingular Wireless Sites identified as "Cash McCools Site # 9128" and "Agape Cellsite # 1009" comply with the 'provisions of Ordinance No. 18,634 passed February 5, 2002. Please have the appropriate party contact me once the required landscaping/screening is installed. If you have any questions, please call me at 371-6817. cerely, Dana Carney Zoning and Subdivision Manager ,L% t-0 P,'` Is cli s ENGINEERS-SURVEYORS PLANNERS-DEVELOPERS May 22, 2002 HOPE ENGINEERS, Inc. 322 N. MARKET BENTON, ARKANSAS 72015 TEL. (501) 315-0786 * FAX (501) 315-0700 www. hopeengineers. com Dana Carney 1 City of Little Rock } Planning and Development Dear Mr. Carney, This letter and the enclosed drawings are on behalf of Cingular Wireless and in reference to Little Rock Ordinance No. 18,634. The drawings depict the proposed modifications in the landscaping and screening specified by the aforementioned ordinance. Modifications will be put in place upon your approval of the drawings. If you have any questions concerning these two sites, please feel free to contact me. We appreciate your time in this matter. Sincerely, lila- Lisa R. Taylor Customer Service Coordinator Wireless Division Hope Engineers 322 North Market Street Benton, AR 72015 Office: 501-315-0786 Mobile: 501-231-6834 Fax: 501-315-0700 E-mail: lisat@hopeengineers.com Locking Northwest At The 7626 Cantrell Read Tower Site .tt Looking Northeast At The 7626 Cantrell Road To«ver Site l� Looking East Behind The 7626 Cantrell Road Tower Site Little Rock Landscape Sites: ■ Site located at 701 Napa Valley, Little Rock, AR; R-2 ,'1���� ■ Landlord is Agape Church + Site area is 722 sq. ft. containing Cingular Wireless with Sprint occupying a sublease area 116 sq. ft. • 177' monopole on which is located Cingular, Sprint and TeleCorp (TeleCorp not in Cingular ground lease area) • Church lattice tower and equipment building within fenced area but not part of Cingular leased area + Site located in parking lot and adjacent to traffic lane of Agape Church ■ Chain link fence attached to corner of Cingular equipment shelter + No available space for landscaping or additional fencing + Site substantially screened by existing trees on west and south side of site; terrain and trees screen on the east side of site • Nearest residential structure is 175' to the south with wooded area in between Cash McCools ■ Site located at 7618 "T" Street, Little Rock, AR ■ Landlord is Jack Burchfield ■ Site area is 720 sq. ft. containing Cingular Wireless equipment shelter and 133' monopole + Cingular is sole user of site ■ Site located in parking lot of C-3 zone • No available space for landscaping or additional fencing + Existing fencing is 6' wood, encloses monopole and attaches to corners of equipment shelter + Site substantially screened by existing trees on north side of site + Nearest residence is 97' to the north with wooded area in between 1 �,Aj A/ le -- �� � •p•�<<' 01-412 HOPE ENGINEERS, Inc. 203 LILLIAN ! - ` BENTON, ARKANSAS 72015 ENGINEERS-SURVEYORS TEL. 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CASH McCOOLS SITE Vj " "P4 r. cl) 'f KENTUCKY City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 Subdivision NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK BOARD OF DIRECTORS ON A REQUEST FOR CHANGE IN USE OF LAND OR DEVELOPMENT OF LAND TO: Meriwether Neighborhood Association ATTENTION: Beckv Bovd ADDRESS: 7203 "M" Street Little Rock, AR 72207 REQUEST: Waiver of landscaping and screening requirements for an existing Wireless Communication Facility GENERAL LOCATION OR ADDRESS: 7626 Cantrell Road APPLICANT: Cingular Wireless NOTICE IS HEREBY GIVEN THAT an application for " Landscaping and Screening Waiver" for the above property has been filed with the Department of Neighborhoods and Planning, and a public hearing will be held by the Little Rock Board of Directors on February 5, 2002 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 371490. Jim Lawson, Director City of Little Rock tixDepartment of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 Subdivision NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK BOARD OF DIRECTORS ON A REQUEST FOR CHANGE IN USE OF LAND OR DEVELOPMENT OF LAND TO: S WLR United for ATTENTION: Janet Berry ADDRESS: 8013 Mabelvale Cut -Off Mabelvale, AR 72103 REQUEST: Waiver of landscapjng landscapingand screening requirements for an existing Wireless Communication Facility GENERAL LOCATION OR ADDRESS: 7626 Cantrell Road APPLICANT: Cineular Wireless NOTICE IS HEREBY GIVEN THAT an application for " Landscaping and Screening Waiver" for the above property has been filed with the Department of Neighborhoods and Planning, and a public hearing will be held by the Little Rock Board of Directors on February 5, 2002 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 Lawson, Director