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HomeMy WebLinkAboutZ-6560-A Staff AnalysisFebruary 17, 2000 ITEM NO.: F FILE NO.: Z -6560-A NAME; Alltel Collocation - Tower Use Permit r.00ATTON: 10500 Chicot Road OWNER/APPLICANT: William R. Butler Revocable Trust/Alltel PROPOSAL: To obtain a tower use permit to add 10 feet to the height and a small equipment building on the ground at the existing Wireless Communication Facility at 10,500 Chicot Road on property Zoned C-3, General Commercial. ORDINANCE DESIGN STANDARDS: 1. SITE LOCATION: This site contains an existing tower located near the southwest corner of the intersection of Chicot Road and Mabelvale Cutoff. 2. COMPATIBILITY WITH NEIGHBORHOOD: This site is zoned C-3, General Commercial. Zoning to the north and northeast is C-3, to the west, south and east is R-2, Single Family Residential. There is a small restaurant to the north, single family houses exist to the west and northwest, a church to the south, and vacant land across Chicot to the east. Staff believes this use is compatible with the surrounding neighborhood, and with proper screening and adherence to the latest landscaping requirements, the site would also be compatible. The West Baseline, Chicot, Rob Roy Way, Legion Hut, and Yorkwood Neighborhood Associations were notified of the public hearing. Staff received letters opposing the proposal from both the Legion Hut and the West Baseline Neighborhood Associations. February 17, 2000 SUBDIVISION ITEM NO.: F FILE NO.: Z -6560-A 3. ON SITE DRIVES AND PARKING: There would continue to be one gravel access driveway from Chicot Road which enters the site lease area from the south by way of an access easement and meets the requirement for parking for maintenance vehicles. 4. SCREENING AND BUFFERS: New zoning screening and landscaping requirements should be imposed. 5. PUBLIC WORKS COMMENTS: a. Mabelvale Cutoff is listed on the Master Street Plan as a minor arterial. A dedication of right-of-way to 45 feet from centerline is required. b. Chicot Road is listed on the Master Street Plan as a principal arterial, dedication of right-of-way to 55 feet from centerline is required. c. A 20 feet radial dedication of right-of-way is required at the corner of Mabelvale Cutoff. 6. UTILITY AND FIRE DEPT. COMMENTS: Water: If any water service is required an acreage charge of $150 per acre applies in addition to normal charges. Wastewater: No sewer service required for this project. Southwestern Bell: Approved as submitted. ARKLA: Approved as submitted. Entergy: No comments received. Fire Department: Approved as submitted. CATA: No comments requested. 2 February 17, 2000 SUBDIVISION ITEM NO.: F FILE NO.: Z -6560-A 7. STAFF ANALYSIS: The applicant has requested a Tower Use Permit to add 10 feet to an existing 125 foot Wireless Communication Facility tower so they can collocate on this site. The existing tower was permitted August 26, 1998 through the administrative review process since it met all the ordinance Development Standards. The setbacks for the equipment are met, the tower setbacks are not. The tower is set back 125 feet from the residential zoned property to the west and 127 feet from the south. The ordinance requires the tower to be setback the height of the tower from any residential zoned area. The new height of 135 feet would cause the tower to be 10 feet closer to the residential property to the west and 8 feet closer to the south than the ordinance allows. Therefore, a reduced setback variance would be required for both those directions. The applicant requested variances for the reduced setbacks. Since the proposed plan does not meet the ordinance development standards for setbacks to the tower, a tower use permit from the Commission is required. Another issue to be resolved is that on the site plan/survey, the wireless facility is not all included within the leased area shown. In addition, the owner of the property this site lies on, disagreed to dedicate any needed right-of-way as required by the Master Street Plan. Public Works included in their comments a need for additional right-of-way. This site is located just north of the Cedar Lane Church of the Nazarene, on Chicot Road. There are houses on the adjacent property to the west and northwest, and a small restaurant just to the north of the existing WCF site. Across Chicot Road to the east is vacant. Staff believes this is a reasonable collocation which would prevent the need for an additional WCF to be established in this same general area for Alltel. Applying the new screening and landscaping requirements should make the base of this facility acceptable to the neighborhood. 3 February 17, 2000 SUBDIVISION ITEM NO.: F FILE NO.: Z -6560-A By Federal mandate, Alltel must be allowed to install facilities to allow them to provide the service required in their license to operate a wireless system in Little Rock. However, the City can apply reasonable regulations to minimize potential aesthetic impacts on the surrounding area. Therefore, Staff does feel the landscape and screening requirements, and Master Street Plan dedications are reasonable and should be imposed. 8. STAFF RECOMMENDATION: Staff recommends approval of the Tower Use Permit to include the variance for the reduced setback of 125 feet to the west and 127 feet -to the south subject to compliance with the following conditions: a. Comply with the City's Landscape and Screening requirements in the WCF Ordinance. b. Comply with Public Works Comments. c. Only lighting allowed is that required by State or Federal law, and that required for safety and security of equipment. Even that must be down shielded and kept within the boundaries of the site. d. Insure that the entire facility, including the fencing and landscape strip is located within the leased area. SUBDIVISION COMMITTEE COMMENTS: (OCTOBER 21, 1999) Staff informed the Committee that the applicant had requested in writing October 14, 1999, that this item be deferred until the next scheduled meeting, including the Committee's review. Since Staff had no objection to the deferral and the Committee had no questions or objections, there was no discussion of the item. The Committee supported accepting the requested deferral. PLANNING COMMISSION ACTION: (NOVEMBER 11, 1999) No one was present representing the application. There were no registered supporters or objectors present. Staff presented the item with a recommendation for approval of the applicant's requested deferral. 4 February 17, 2000 SUBDIVISION ITEM NO.: F FILE NO.: Z -6560-A The item was placed on the Consent Agenda and approved for deferral to the January 6, 2000, public hearing. The vote was 9 ayes, 0 nays, 1 absent, and 1 open position. SUBDIVISION COMMITTEE COMMENTS: (DECEMBER 9, 1999) Staff informed the Committee that the applicant had requested in writing November 29, 1999, that this item be deferred until the next scheduled meeting, and not be reviewed by the Committee at this time. Staff had no objection to the deferral and the Committee had no questions or objections, so there was no discussion of the item. The Committee supported accepting the requested deferral. PLANNING COMMISSION ACTION: (JANUARY 6, 2000) No one was present representing the application. There were. no registered supporters or objectors present. Staff presented the item with a recommendation for approval of the applicant's requested deferral. The item was placed on the Consent Agenda and approved for deferral to the February 17, 2000, public hearing. The vote was 11 ayes, 0 nays, 0 absent. SUBDIVISION COMMITTEE COMMENTS: (JANUARY 27, 2000) Alissa Coffield and Keith Buchanan from Alltel, and Less Jackson from Faulk and Foster Real Estate Services, were present representing the application. Staff gave a brief description of the proposal. Ms. Coffield briefly reviewed why they were requesting collocation and needed the extra height. The main open issue seemed to be the requirement for the increased landscaping and screening, particularly since the existing leased area would be too small to allow compliance. She stated that Alltel and Telecorp, the owner of the original WCF, were still discussing what their position would be. 5 February 17, 2000 SUBDIVISION ITEM NO.: F FILE NO.: Z -6560-A There being no further issues, the Committee accepted the proposal and forwarded the item to the full Commission for final action. PLANNING COMMISSION ACTION: (FEBRUARY 17, 2000) Belinda Bodie, from Faulk & Foster Real Estate, and Keith Buchanan, from Alltel, were present representing the application. There were no registered objectors present. Staff presented the item with a recommendation for approval subject to compliance with the conditions listed under "Staff Recommendation," paragraph 8 above. Ms. Bodie briefly reviewed the proposal and the specific height locations of the antennas for Alltel (125 feet) and Telecorp (135 feet). She commented that the collocation would eliminate the need for an additional tower for Alltel, and she acknowledged the neighborhood concerns particularly over landscaping and screening. She stated that Alltel was working with Telecorp (the tower owner), to address those concerns, bring the site into compliance with the City's requirements, and relocate the fence within the leased area. Janet Berry spoke for the Legion Hut and West Baseline Neighborhood Associations. She stated that the associations were willing to accept the site with the proposed collocation if four conditions with regard to the landscaping and screening were included as conditions of the C.U.P. The conditions were as follows: 1. A minimum six-foot masonry wall or other fence structure with not less than 85% opacity shall surround the site. Access to the towers shall be through a locked gate. 2. A row of evergreen trees, a minimum of eight feet tall at time of planting and a maximum of ten feet apart, shall be planted around the fence. 3. A continuous hedge at least thirty inches high at the time of planting, and capable of growing to at 6 February 17, 2000 SUBDIVISION ITEM NO.: F FILE NO.: Z -6560-A least thirty-six inches in height within eighteen months, shall be planted in front of the tree line referenced above. 4. All vegetation shall be either of xeriscape tolerant varieties or irrigated, and properly maintained to assure good health and vitality. Mr. Lawson asked for clarification of what was meant by 1185% opacity." Ms. Berry responded that the intent was to not be able to see the base area of the tower site. Ms. Bodie stated that they accepted the four conditions. Commissioner Hawn commented that he didn't feel it was proper to write into the C.U.P. more stringent requirements than the current ordinance required. Commissioner Rector stated that since the applicant was accepting the requested conditions, he didn't see a problem including the four points as conditions. Commissioner Muse asked if the proposed taller tower was to fall, would it hit any structures. Staff responded that the only structure it could hit would be the restaurant to the north, no residences. He added a question about the danger of added sections, like the one that would be used to add the additional 10 feet, coming loose. Ms. Bodie stated that she was unaware of that ever happening, and that the design of these towers is for them to bend over at the upper levels before an entire tower would topple over. Norm Floyd, President of West Baseline Neighborhood Association, stated that they agreed that no residences would be struck by a falling tower, and responded to a question from Commissioner Nunnley that they did not have a concern over the setbacks. A motion was made to approve the application to include staff comments and recommendations, and the four conditions requested by the Neighborhood Associations as read by Ms. Berry as a minimum for landscaping and screening. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. W7