HomeMy WebLinkAboutZ-6134-B ApplicationArea Zoning
Case # Z -6134-B N
NEXTEL WCF COLLOCATION
Cr: 42.06
TRS: T2NR14W25 0 125 250 Feet
PD: 19
Wara: 5
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3:
INFORMATION RELATIVE TO PLANNING COMMISSION BUSINESS
FOR THE LITTLE ROCK BOARD OF DIRECTORS MEETING ON
October 17, 2000
ITEM NO.# Z -6134-B
Planning
Staff
Recommends:
Planning
Commission
Recommends:
Right -of -Way
Issues:
Ordinance approving a Waiver of the landscaping and screening for Nextel's WCF Collocation
at 18951 Chenal Valley Drive
Approval of waiver for both the landscaping and screening.
Not reviewed by the Planning Commission
None
Vote: NIA _ Ayes ` Noes Absent
Abstention
ITEM NO.# Z -6589-A Ordinance approving a Waiver of the landscaping and screening for Nextel's WCF Collocation
at 18303 Two Towers Road
Planning
Staff
Recommends: Approval of waiver for both the landsca2ing and screenin .
Planning
Commission
Recommends: Not reviewed by the Planning Commission
Right -of -Way
Issues: None
Vote: N/A_ Ayes Noes Absent
ITEM NO.#
Planning
Staff
Recommends:
Planning
Commission
Recommends:
Right -of -Way
Issues:
Abstention
Vote: _ Ayes Noes Absent Abstention
OFFICE OF THE CITY MANAGER
LITTLE ROCK, ARKANSAS
BOARD OF DIRECTORS COMMUNICATION
OCTOBER 17, 2000 AGENDA
Subject
NEXTEL Partners request to
waive the ordinance
requirements for landscaping
and screening of a Wireless
Communication Facility (WCF)
on the Highland Ridge Water
Tower. (Z -6134-B)
SYN
FISCAL IMPACT
RECOMMENDATION
CITIZEN PARTICIPATION
BACKGROUND
Action Required
4Ordinance
Resolution
Approval
Information Report
Subinittcd Hy
Cy Carney
City Manager
This request is coming to the Board to ask for a waiver of the
landscaping and screening requirements for a collocation
Wireless Communication Facility (WCF) at 18951 Chenal
Valley Drive due to the nature and the existing conditions of
this particular site. It is a water tower with two other cell
phone service providers located on the water tower already.
The property is zoned R-2, Single Family Residential and is
surrounded by R-2 zoning.
None.
Passage of the ordinance approving the waiver.
None.
NEXTEL Partners, one of the newest cell phone service
providers in this area, is in the midst of their build -out to
provide service. Their plan is to collocate where ever
possible. Nextel is proposing to collocate on this existing
171 foot water tower at a 99 foot height and add a 9'x16'
equipment building near the tower base. The applicant has
requested a waiver of the new landscaping and screening
requirements at this collocation site due to the remoteness of
the site.
This site is located on Highland Ridge, north of Chenal
Valley Drive, west of Rahling Road on an existing water
tower with two other cell phone providers already located on
the tower. The applicant feels that due to the remoteness of
BACKGROUND
CONTINUED
this site, and that it is unlikely that there would be any
residential development near this site in the near future, that
a waiver of the screening and landscaping requirements is
justified. In addition, the applicant is requesting a rear
setback variance to reduce that setback to 18 feet from the
required 25 feet. That is the only siting requirement not met
in the application. This variance is caused by the Water
Department's desire to have the new equipment building as
far back on the site as possible as not to interfere with access
to the water tower.
This site is indeed remote now. It is surrounded by acres of
woods and undeveloped property. The property is zoned
R-2, Single Family Residential and is surrounded by R-2
zoning. Therefore, due to the remoteness and non -visibility
of the base of the site from any residential area, Staff
believes a waiver of the landscaping and screening
requirements, and the reduced rear yard setback are justified,
and would not have an negative impact on the surrounding
area.
I
ORDINANCE NO. 18,378
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AN ORDINANCE GRANTING NEXTEL PARTNERS
5
A WAIVER OF THE REQUIREMENTS TO COMPLY
6
AT THIS TIME WITH LANDSCAPE AND
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SCREENING PROVISIONS OF LITTLE ROCK, ARK.
8
ORDINANCE NO. 18,173 (DECEMBER 20, 1999) FOR
9
COLLOCATION ON A TELECORP WIRELESS
10
COMMUNICATION TOWER AT 18317 TWO
11
TOWERS ROAD WHICH WAS IN EXISTENCE ON
12
THE DATE OF THE ORDINANCE, AND FOR AN
13
ATTACHMENT TO THE CITY WATER TANK AT
14
18951 CHENAL VALLEY DRIVE; TO SET CERTAIN
15
CONDITIONS FOR THESE SITES; AND FOR OTHER
16
PURPOSES.
17
18 WHEREAS, the Board of Directors passed certain standards for landscaping and
19 buffering of wireless communication facilities (the "WCF") in Little Rock, Ark.,
20 Ordinance No. 18,173 (December 20, 1999), as may be amended ("LRO 18,173"),
21 which were to apply to all future applications for WCF permits, and
22 WHEREAS, Section 2(c)(6) included a requirement that WCFs in existence on
23 the date of the ordinance, but not in compliance with the provisions of the ordinance,
24 were required to come into compliance within a two year period of time unless the
25 Board granted a waiver, or a deferral, of the various provisions, and
26 WHEREAS, Nextel Partners has applied for waivers for two sites at which it
27 desires to collocate its facilities, one on a TeleCorp tower which was in existence when
28 LRO 18,173 was passed, and the other on a City water tank tower; and
I WFIEREAS, as set forth below, the Board believes the waivers are appropriate
2 for these sites under the current circumstances.
3 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
4 DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS:
5 Section 1. The following WCF permit is granted a waiver from strict
6 compliance with the landscaping and screening requirements of LRO 18,173, as follows:
7 (1) 18317 Two Towers Road. Because the WCF tower at this location
8 is zoned O -S, Open Space, and is located at the east end of Two Towers
9 Road on Chenal Mountain within the "antenna farm." Although the site
10 is surrounded by R-2 single family residential zoning to the north and MF-
11 12 multi -family zoning distant to the south, the base of the site is not
12 visible from any of the residOntial areas and under the current
13 circumstances a waiver from the strict compliance with LRO 18, 173 is
14 granted.
15 (2) 18951 Chenal Valley Drive. This WCF installation will be on the
16 Little Rock Municipal Water Works Tank (Highland Ridge -Intermediate
17 Tank No. 17). There are two other WCF attachments on the tank.
18 Although the site is surrounded by R-2, single family residential zoning,
19 the base of the installation is not visible from any existing residential uses
20 and it is unlikely that the surrounding area will develop with houses in the
21 near future. Due to Water Works' desire that the equipment building be
22 located as far to the back of the site so as not to interfere with access to the
23 tank, Nextel also seeks a variance to reduce the rear setback from 25 feet
24 to 18 feet.
25 For these reasons, strict compliance with LRO 18,173 is waived until such time
26 as a major change in circumstances make it necessary to impose landscaping and/or
27 screening requirements around the perimeter of the site in order to meet the goals set
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I forth in this ordinance. Furthermore, a variance is granted from the rear setback line of
2 25 feet to 18 feet.
3 Section 2. Findings.
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(A) The Board declares that the general landscaping and screening provisions of
LRO 18,173 should be met whenever possible, particularly in residential areas, but that
strict compliance for WCF tower permits granted prior to the effective date LRO 18,173
is not always appropriate under existing circumstances. For example, it may not be
possible to purchase or lease additional property around the existing WCF site to meet
the landscape and buffer requirements. Or, while the applicant is willing to fulfill the
City's stated preference of tower collocation, it is unable to do so and meet landscaping
requirements because a particular WCF tower is located in an area that, regardless of its
zoning classification, is really commercial or industrial in nature, and not only would
landscaping be of minimal value, it might in fact draw attention to the tower location
and invite theft, vandalism, and be in derogation of the goals and purposes of LRO
18,173.
(B) Under such circumstances, and others not set forth herein, it is appropriate
to grant a waiver from the strict requirements of LRO 18,173, provided that if in the
future a major change in circumstances occurs, the City may modify the waivers granted
herein in accordance with Subsection (C) below.
(C) For purposes of this ordinance, "a major change in circumstance" means
that the area within 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 from any adjoining
residences located in an area zoned R-1, R=2, or R-3; AND
(1) (a) The City has received a complaint from
the owner of such a residence located
within 200 feet of the tower site that the
site has no landscaping or screening in
place; and
-3-
I (b) The City has requested that the parties
2 resolve the issue by agreeing to certain
3 screening or landscaping requirements
4 consistent with LRO 18,173, which can
5 be granted administratively by the
6 Director of Planning and Development,
7 but no agreement has been reached; or
8 (2) The tower site permittee has leased sufficient
9 additional space to meet the landscaping setback,
10 setback and screening requirements or LRO 18,173,
11 subject to any right of review set forth in that
12 ordinance, as may be amended.
13 (D) Once a year, for any matters impacted by this provision, the Board will
14 receive a report from the Department of Planning and Development, to be made a part
15 of the Board records on file with the City Clerk, which identifies the tower sites that
16 have previously received waivers but; pursuant to this provision or any similar
17 applicable provisions, has been the subject of modification. In addition, these
18 modifications shall be noted on the City's geographic information system map.
19 (E) Pursuant to the provisions of subsection (C) above, before any modification
20 of a waiver is required, the City shall demonstrate that a major change in circumstances
21 from the date of the original permit grant, or from the date of any waiver or deferral, has
22 occurred.
23 Section 3. Severability: In the event any section, subsection, subdivision,
24 paragraph, item, sentence, clause, phrase, or word of this ordinance is declared or
25 adjudged to be invalid or unconstitutional, such declaration or adjudication shall not
26 affect the remaining portions of the ordinance which shall remain in full force and effect
27 as if the portion so declared or adjudged invalid or unconstitutional was not originally
28 a part of the ordinance.
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Section 4. !Repealer: All laws, ordinances, resolutions, or parts of the same, that
are inconsistent with the provisions of this ordinance are hereby repealed to the extent
of such inconsistency.
PASSED: October 17, 2000
ATTEST.-
NaZWoqd, City Clerk
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, City Attorney
-5-
APPROVED:
Jim Uailey, Mayor
WIRELtSS COMMUNICATION FACILITY (WCF) APPLICATION
WCF CASE FILE NO.: Z- 613 y --R ADDRESS: 18951 Chenal Valley (NX AR -055 WLR)
LEGAL DESCRIPTION: All that part of the NE'/4 of the SE'/4 of Section 25, Township 2 North, Range 14
West, City of Little Rock, Pulaski County, Arkansas.
ZONING CLASSIFICATION:
R-2 with WCF ABUTTING RESIDENTIAL: X YES _ NO
PROPERTY LOCATED IN FLOODPLAIN DISTRICT: YES X
NO
ATTACHED: X OR
WITH SUPPORT STRUCTURE:
MAXIMUM SETBACKS:
HEIGHT FRONT I REAR
I SIDES
PLATTED BUILDING LINE
Allowed, WCF Structure
150' _
In;n
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Pro -posed
199'
�
Allowed, Equipment Structure
3S r 25' 25'
8'
Proposed
SECURITY FENCING HEIGHT:
Nextel will replace the existing
chain length
fence with an 8' rivac
fence.
LIGHTING: YES
X NO DOWNSHIELDED:
ERP INFORMATION ATTACHED: Yes COLLOCATION STATEMENT/AGREEMENT ATTACHED: No
ADDITIONAL DEVELOPMENT STANDARD INFORMATION: The tip of Nextel's antennas will not exceed
99'
APPLICANT NAME: Nextel Partners, Inc. c/o Site Excell, LLC, Attn: Alissa Coffield.
APPLICANT ADDRESS: 415 North McKinley, Suite 1235 Little Rock, AR 72205
APPLICANT PHONE NO.: 604-4000
APPLICANT SIGNATU
FAX NO.: 604-4010
DATE RECEIVED: a- 100 i� a �O f o&. -d for
EASEMENT CLEARANCE: APPROVED DENIED Any information not provided regarding easement or
h ' t th d re ardin
APPLICATION: APPROVED DENIED
floodway/plain, whlc Impac s e ecislon g g
this application is the responsibility of the applicant.
NOTE: OBTAIN A BUILDING PERMIT BEFORE BEGINNING ANY CONSTRUCTION. Col�sl'G�r wvuifiG�
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DATE: 1 0// g 0 PLANNING OFFICIAL:
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SiteExcell, LLC
Plaza West Building
L C• ,
415 North McKinley, Suite 1235
Little Rock, Arkansas 72205
501-604-4000
August 29, 2000
Facsimile 501-604-4010
Mr. James Connell
Department of Planning and Development
723 West Markham Street
Little Rock, AR 72201
Re: Request for WCF located at 18951 Chenal Valley Drive.
Dear Mr. Connell,
Nextel Partners, Inc. (Nextel) is one of several telecommunications companies licensed
by the Federal Communications Commission (FCC) to provide wireless communications
services within Pulaski County, Arkansas. Nextel is constructing its wireless network
within Pulaski County and has contracted with our company, Site Excell, LLC, to provide
real estate site acquisition services. In granting the license to Nextel, the FCC mandates
that Nextel provide adequate wireless coverage to the public. In order to do this, Nextel
must construct a network of wireless communications facilities throughout the Pulaski
County metropolitan area. Because Nextel 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 zoned R-2 with an existing City of Little Rock water
tank located there. Nextel proposes to locate their antennas at the 95' level on the water
tank and their equipment shelter inside the compound. The top of the antennas will not
exceed 99'. Nextel will not meet the setback requirement on the East side. In addition,
this water tank is in a remote location at the top of a ridge with no development around it
in any direction. Therefore, Nextel would like to request a wavier to the landscaping and
screening requirement of the WCF ordinance as well as a setback variance from the
Board of Directors at the October 17th meeting.
Nextel and Site Excell, LLC respectfully request that your office and the Board of
Directors approve this application which will allow Nextel to provide adequate service to
its customers as required by its license from the FCC and to better serve the community
as a whole.
Sincerely,
A-Set—
A11a Coffieldd
Collocation/Zoning Manager
Cc: NX AR- 055 WLR
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SiteExcell, LLC (SAR)
Plaza West Building SITE ACQUISITION REPORT for NEXTEL Partners
415 North McKinley, Suite 1235
Little Rock, Arkansas 72205
Tel: (501) 604-4000 Search Area Name & Number: West Little Rock - AR -055P-0
Fax (501) 604-4010 Candidate Name and Number Tank #17 - Candidate "A"
Site LoCa#ion 6Aap
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- - - CHELSEA RDSg Road. Turn right on Rahling Road
and travel a distance of .3 miles to Chenal
Valley Drive. Turn left on Chenal Valley
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Confidential & Proprietary Information
SAR Revised 4-18-2000
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SiteExcell, LLC (SAR)
Plaza West Building SITE ACQUISITION REPORT for NEXTEL Partners
415 North McKinley, Suite 1235
Little Rock, Arkansas 72205
Tel: (501) 604-4000 Search Area Name & Number. West Little Rock - AR -055P-0
Fax (501) 604-4010
Candidate Name and Number. Tank #17 - Candidate "A"
Zoning Map
Confidential & Proprietary Information
SAR Revised 4-18-2000
r7
WIRELESS TELECOMMUNICATIONS FACILTY
STATEMENT OF EFFECTIVE RADIATED POWER
Nextel Partners, Inc.
Site Id#: AR -055P-0
Site Name: West Little Rock
Site Address: 13001-B Chenal Valley Dr., Little Rock, AR 72223
Type of Installation: Water Tank
The measurement of Effective Radiated Power (ERP) for our installation is less than
1000 watts. The current FCC standards (reference: Federal Communications
Commission, Office of Engineering and Technology, Washington D.C. 20554, OET
Bulletin 65, Edition 97-01, August 1997, Appendix A, Table 2, Private Land Mobile
Radio services Specialized Mobile Radio Part 90) permit up to 1000 watts ERP for this
type of installation.
This installation as designed meets the FCC standards.
''�9' t2
Ron Mapili Date
Radio Frequency Engineer
SiteExcell, LLC (SAR)
Plaza West Building SITE ACQUISITION REPORT for NEXTEL Partners
415 North McKinley, Suite 1235
Little Rock, Arkansas 72205
Tel: (501) 604-4000 Search Area Name & Number. West Little Rock - AR -055P-0
Fax (501) 604-1010 Candidate Name and Number. Tank #17 - Candidate "A"
911 Address Information
Date: June 29, 2000
Agent Name: Lou Grubbs
S. Ring Name & #: West Little Rock - AR -055P-0
Candidate Name: Tank #17 -Candidate "A"
OFFICIAL " 911" SITE ADDRESS ASSIGNED TO THIS SITE:
18951 Chenal Valley Drive
Little Rock, AR 72223
Date Assi ned: Unknown
Assigned By (Name):David Hathcock
THIS 911 ADDRESS HAS BEEN VERIFIED TO MATCH THE SITE ADD ESS
ASSIGNED TO THIS SITE WITH THE LOCAL OFFICIALS: (initials)
What is the addressing organizations in this area (i.e. 911 County, Post Office)?
City 911
Contact name: David Hathcock
Contact telephone number: 501/371-4808
Contact fax number: 501/371-4821
Contact street address: 701 West Markham Street
Contact city/state/zip: Little Rock, AR 72201
If an address is not already assigned to the specific siteLplease describe the
process for having an address assigned for the site, including timeframes:
Print Name: Lou Grubbs
Agent Signature az� Date June 29, 2000
Confidential & Proprietary Information
SAR Revised 4-18-2000