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OFFICE OF THE CITY MANAGER
LITTLE ROCK, ARKANSAS
BOARD OF DIRECTORS COMMUNICATION
JUNE 5, 2001 AGENDA
Subject
SBA request to waive the
ordinance requirements for
landscaping of a Wireless
Communication Facility at 801
Town Oaks Drive. (Z -6551-C)
SYNOPSIS
FISCAL IMPACT
RECOMMENDATION
CITIZEN PARTICIPATION
BACKGROUND
Action
4Ordinance
Resolution
Approval
Information Report
Submitted
Cy Carney
City Manager
SBA has asked for a waiver of the new lano.scaping
requirements for a Wireless Communication Facility (WCF)
located at 801 Town Oaks Drive due to the nature and the
location of this particular site. They do intend to install the
screening fence around the entire site. The property is zoned
G3, General Commercial and is surrounded by properties
zoned C-3.
None
Denial of the request as submitted, but approval of an
ordinance to waive the landscaping on only the south side of
this site.
None. No neighborhood Association represents the area
where this site is located.
SBA has purchased most of Telecorp's WCF sites. The
applicant has requested a waiver of the new landscaping
requirements at this site at this time in anticipation of the
deadline of January 20, 2002 for all sites to comply with the
required landscaping upgrades. Collocation is not part of this
request.
The existing Wireless Communication Facility was given
administrative Staff approval on July 23, 1998, for a 150 foot
tower under the ordinance requirements at that time. Sprint
and Alltel were administratively granted collocation permits
in April and September 1999 respectively. Additional
landscaping and screening requirements were implemented
January 2000 which must be met at the time of collocation or
BACKGROUND by January 20, 2002. SBA has begun their process of
CONTINUED reviewing all their newly acquired sites to determine which
ones they feel can be upgraded and which ones should be
granted waivers.
For this particular site, SBA is requesting a waiver of only
the landscaping on all four sides, but would meet the
screening fence requirement. Their justification is the
surrounding zoning, uses and nature of the location. The site
is surrounded by land zoned C-3 consisting of commercial
uses to the south, east and west. The abutting C-3 property to
the north is vacant, allowing clear view from the apartments
approximately 280 feet to the north across Treasure Hill
Road. Part of the original equipment is located in a dug out
area, not visible to the north or east. However it is visible to
the west and south except for a wood screening fence in
place on the west side. The latest collocating user installed
an equipment building on the east side of the site that is
clearly visible from all directions.
This WCF is clearly visible from all but part of the south
side. Treasure Hill Road is a primary access to the apartment
complex to the north. Staff believes that screening benefit
would be obtained by landscaping this site on three sides,
north, east and west. While there are no residences
immediately abutting this site, the apartments to the north
have a clear view of this WCF. Staff recommends the
requested waiver of landscaping be approved for only the
south side of the site.
MB" f� Z &'. or
Mr. James Connell
Planning and Development
723 West Markham Street
Little Rock, Ar. 72201-1334
Re: landscape waiver for WCF site
LTRO18D
Professor Bowl
Sc1 *++-Towne Oaks Drive
Little Rock, Ar. 72207
Dear Mr. Connell:
Please consider this letter a request for a waiver from the landscaping requirements required by Ordinance
181713. Weare requesting only a partial waiver. We will comply with the fencing requirements, but
would like to have landscaping waived due to the impracticality of landscaping this site because of the lay
of the land and inadequate space available to comply with the ordinance requirements. We think a visual
inspection by you of this site will confirm this.
Enclosed are three copies of site plan.
Please place us on the agenda for Board of Directors at your earliest opportunity. I understand you will
advise me of date.
I thank you for your cooperation in this matter.
Yours truly,
r--7
Kenzie
SBA, Inc. 50 N. Main Suite 3 m Eureka Springs, AR 72632 (SO 1) 253-9477 Fax (50 1) 253-9796 m www.sbasite.com
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ORDINANCE NO. 18,503
AN ORDINANCE GRANTING A WAIVER OF THE
REQUIREMENT TO COMPLY AT THIS TIME WITH
LANDSCAPE REQUIREMENTS FOR - A WIRELESS
COMMUNICATION FACILITY LOCATED AT 801 TOWN
OAKS DRIVE; TO SET CERTAIN CONDITIONS FOR THIS
SITE; 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, SBA, as purchaser of towers constructed by Telecorp, has applied for a waiver of
only the landscaping requirements on all four sides of the tower on which it desires to collocate its
facilities and which was in existence on December 20, 1999, and
WHEREAS, City staff recommends against the landscape waiver on all four sides of the site
because the site is visible from the north, east and west of the site, although staff does support the waiver
for the south and east sides; 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 following WCF permit is granted a waiver of the strict compliance with the
landscaping provisions of LRO 18,183 as follows:
(a) 801 Town Oaks Drive (Z -6551-C).
Because this site is zoned C-3 commercial and it is surrounded by
property zoned C-3 consisting of commercial uses to the south, east and
west, and because the abutting C-3 property to the north is vacant,
allowing for clear views of the site from the apartments across Treasure
Hill Road, and because the applicant will install a screening fence around
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the entire site, the following waiver from strict compliance with LRO
18,173 under the current circumstances is granted.
(1) Landscape requirements on the south and east sides
of the site are waived.
For these reasons, strict compliance with LRO 187,173 is waived
until such time as a major change in circumstances makes it
necessary to impose landscaping requirements in order to meet
the goals set forth in the ordinance.
Section 2. Findings.
(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
waivers 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 to any subsection of this ordinance 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
(b) The City has requested that the parties resolve the issue
by agreeing to certain screening or landscaping
requirements consistent with LRO 18,173, which can be
[Page 2 of 4]
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granted administratively by the Director of Planning and
Development, but no agreement has been reached.
Once a year, for any matters impacted by this provision, the Board will receive a report
from the Department of Planning and Development, to be made a part of the Board
records on file with the City Clerk, which identifies the tower sites that have previously
received waivers but, pursuant to this provision or any similar applicable provisions, has
been the subject of modifications. In addition, these modifications shall be noted on the
City's geographic information system map; OR
(2) The tower site permittee has leased sufficient additional space to
meet the landscaping setback, setback and screening requirements or
LRO 18,173, subject to any right of review set forth in that ordinance, as
may be amended.
(D) Pursuant to the provisions of subsection (C) above, before any modification of a waiver is
required, the City shall demonstrate that a major change in circumstances from the date of the original
permit grant, or from the date of any waiver or deferral, has occurred.
Section 3. Severability. In the event any section, subsection, subdivision, paragraph, item,
sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or
unconstitutional, such declaration or adjudication shall not affect the remaining portions of the ordinance
which shall remain in full force and effect as if the portion so declared or adjudged invalid or
unconstitutional was not originally a part of the ordinance.
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.
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: June 5, 2001
ATTEST: APPROVED:
Nancy Wood, City Clerk
APPROVED AS TO LEGAL FORM:
Jim Dailey, Mayor
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Thomas M. Carpenter, City Attorney
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[Page 4 of 4]
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