HomeMy WebLinkAboutZ-6859 ApplicationArea Zoning
Case # 7-6859 N
West Side of Two Tomtn Road
i CT: 42.06
TRS: T2NR14W21 0 2000 Feet
PD: 19
7ViciniitvyvMuap, ward Item # 3
WIRELESS COMMUNICATION FACILITY (WCF) APPLICATION
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WCF CASE FILE NO.: Z - ADDRESS: Two Towers Drive (NX AR -048 Chenal ountain)�
LEGAL DESCRIPTION: Part of the SE'/4 , NE 1/4, Section 21, T -2-N, R -14-W, Pulaski County, Arkansas.
J
ZONING CLASSIFICATION: R-2 with WCF ABUTTING RESIDENTIAL: X YES _ NO
PROPERTY LOCATED IN FLOODPLAIN DISTRICT: YES
ATTACHED: X OR WITH SUPPORT STRUCTURE:
X NO
PLATTED BUILDING LINE
Ca1—L0C.47"!01(.1
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SECURITY FENCING HEIGHT: There is an existing 6' chain link fence around the WCF. No privacy
fencing will be utilized since this WCF is located on Shinail Mountain at a tower farm.
LIGHTING: YES X NO DOWNSHIELDED:
ERP INFORMATION ATTACHED: Yes COLLOCATION STATEMENVAGREEMENT ATTACHED: NIA
ADDITIONAL DEVELOPMENT STANDARD INFORMATION: The tip of Nextel's antennas will not exceed
1 r , IG -r3 254'. �s , i/$��8y
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APPLICANT NAME: Nextel Partners, 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:
FAX NO.: 604-4010
.n
DATE RECEIVED:
EASEMENT CLEARANCE APPROVED'/ DENIED 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.
DENIAL REASONS:
DATE:
t PLANNING OFFICIAL: -
MAXIMUM
SETBACKS:
HEIGHT
FRONT
REAR I SIDES
Allowed, WCF Structure
"
101 z a'r
A 9z r8m
Proposed
29-26-& ' S
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Allowed, E ui ment Structure
s'
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2.s'
Proposed
101 �'
-5-uD,
7,1$0 .lam
X NO
PLATTED BUILDING LINE
Ca1—L0C.47"!01(.1
E4
SECURITY FENCING HEIGHT: There is an existing 6' chain link fence around the WCF. No privacy
fencing will be utilized since this WCF is located on Shinail Mountain at a tower farm.
LIGHTING: YES X NO DOWNSHIELDED:
ERP INFORMATION ATTACHED: Yes COLLOCATION STATEMENVAGREEMENT ATTACHED: NIA
ADDITIONAL DEVELOPMENT STANDARD INFORMATION: The tip of Nextel's antennas will not exceed
1 r , IG -r3 254'. �s , i/$��8y
V. rD �.
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APPLICANT NAME: Nextel Partners, 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:
FAX NO.: 604-4010
.n
DATE RECEIVED:
EASEMENT CLEARANCE APPROVED'/ DENIED 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.
DENIAL REASONS:
DATE:
t PLANNING OFFICIAL: -
1179.0' To P/L Fro Car+ur Leg of
Existing 5elf-5upporilng Tower
Existing Self -Supporting Tvmmr-
1194.25' 7 Pro rLy Llne
from Nextel'S shelter
Proposed Nextel
Equipment
Location
Existing beacon Light
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Existing
Antennas�� I f
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Self -Supporting Tower Elevation
TK5 2N14W22 W.C.F. COLLOCATION
CT 42.06 Z-6859
FV 19
West Side of Two Towers road NORTH
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Proposed Nextel
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108.75' To Property Line
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from Nextel's shelter
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Self -Supporting Tower Elevation
TK5 2N14W22 W.C.F. COLLOCATION
CT 42.06 Z-6859
FV 19
West Side of Two Towers road NORTH
�WAK1) 2
I ORDINANCE NO. 18,288
2
3 AN ORDINANCE TO GRANT NEXTEL PARTNERS
4 A WAIVER OF THE REQUIREMENT TO COME INTO
s COMPLIANCE AT THIS TMIE WITH THE
6 LANDSCAPE AND SCREENING PROVISIONS OF
7 LITTLE ROCK, ARK., ORDINANCE NO. 18,173
8 (DECEMBER 20, 1999) FOR EIGHT WIRELESS
9 COMMUNICATION TOWERS IN EXISTENCE ON
10 THE DATE OF THE ORDINANCE; TO SET CERTAIN
11 CONDITIONS FOR THESE EIGHT SITES; TO
12 DECLARE AN EMERGENCY; AND FOR OTHER
13 PURPOSES.
14
15 WHEREAS, the Board of Directors passed certain standards for landscaping and
16 buffering of wireless communications facilities ("WCF") in Little Rock, Ark., Ordinance
17 No. 18,173 (December 20, 1999), as may be amended, ("LRO 18,173), which were to
18 apply to all future applications for WCF permits, and
19 WHEREAS, Section 2(c)(6) included a requirement that WCFs in existence on
20 the date of the ordinance, but not in compliance with the provisions of the ordinance,
21 were required to come into compliance within a two year period of time unless the
22 Board granted a waiver, or a deferral, of the various provisions, and
23 WHEREAS, notwithstanding the fact there has been some discussion between
24 the City and the industry about the City's ability to enforce this ordinance, NEXTEL
25 Partners has applied for waivers for eight (8) of the WCF permits in existence when
26 LRO 18,173, was passed, and
27 WHEREAS, the applications for waiver required to be reviewed by the Planning
28 Commission have been so reviewed and certain recommendations have been made, and
I WHEREAS, the NEXTEL Partners and the City have discussed the various
2 modifications to be made as a part of these waiver, and
3 WHEREAS, as set out below the Board believes the requests are appropriate
4 under the current circumstances,
s NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
6 DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS:
7 Section 1. The following WCF permits are granted waivers of strict compliance
8 with the landscaping, screening and buffering provisions of LRO 18,173, as follows:
9 (A) 7503 Enmar Drive. Because this site is currently in an area
10 zoned I-2, Light Industrial, and does not contain sufficient space for
11 the applicant to meet landscaping and screening requirements while
12 permitting the collocation on a Telecorp WCF tower, the following
13 waivers from strict compliance with LRO 18,173, under the current
14 circumstances, are granted:
15 (1) Landscaping requirements on all four sides of the
16 structure are waived;
17 (2) Screening fencing on the north side is waived, with the
18 provision the applicant will construct an 8 -foot screening
19 fence on the other three sides.
20 These waivers are permitted because the current circumstances are
21 that the site is bordered on the north by a building, and on the south
22 by a property line which makes it impossible to provide the
23 landscaping without the purchase of additional property. Further,
24 there is no room for a wooden screening fence on the north side,
25 and landscaping would require that asphalt paving be removed in
26 an area that is presently industrial in its uses. For these reasons,
27 strict compliance with LRO 18,173, is waived until such time as a
28 major change in circumstances change makes it necessary to impose
121
1 landscaping or screening requirements in order to meet the goals set
2 forth in the ordinance.
3 (B) 6403 Fourche Dam Pike. Because this tower is located in an
4 area zoned I-2, Light Industrial, and is located on the edge of a
5 wrecker yard, the following waiver from strict compliance with
6 LRO 18,173, under the current circumstances, are granted:
7 (1) Landscaping requirements on all four sides of the
8 structure are waived;
9 (2) Screening requirements on all four sides of the
10 structure are waived.
11 For these reasons, strict compliance with LRO 18,173, is waived
12 until such time as a major change in circumstances change makes
13 it necessary to impose landscaping or screening requirements in
14 order to meet the goals set forth in the ordinance.
is (C) 704 North Martin. Because this WCF, located on the Ozark
16 Point Water Works facility and currently screened by existing
17 vegetation and thick woods, does not contain sufficient land for the
18 buffer requirements, and the Water Works does not want to sell or
19 lease additional land to the applicant, the following waiver from
20 strict compliance with LRO 18,173, under the current
21 circumstances, are granted:
22 (1) Landscaping requirements on the north, east and
23 south sides, are waived, with the use of existing vegetation,
24 and any necessary supplementation, on- the west side, to be
25 deemed sufficient;
26 (2) Screening requirements will be met with a wooden
27 fence being provided in place of the existing chain link fence.
[3]
I For these reasons, strict compliance with LRO 18,173, is waived
2 until such time as a major change in circumstances makes it
3 necessary to impose landscaping or screening requirements in order
4 to meet the goals set forth in the ordinance.
5 (D) 10901 Rocky Valley Road. Because this tower is located at the
6 Jack Wilson Water Treatment facility and the base of the tower is
7 not visible away from the treatment facility under the current
8
circumstances, a waiver from compliance with the provisions of
9
LRO 18,173, is granted, provided that the applicant is required to
10
place a. wooden fence around the base of the tower. The
11
requirement for strict compliance with LRO 18,173, is waived until
12
such time as a major change in circumstances makes it necessary to
13
impose landscaping or screening requirements in order to meet the
14
goals set forth in the ordinance.
15
(E) Two Towers Road. Because this tower is located at the
16
antenna farm on Chenal Mountain, is remote from any residential
17
development, and is unlikely to ever be located near such an area,
18
a waiver from compliance with the provisions of LRO 18,173 is
19
granted.
20
(F) 2720 Booker Street. Because this tower is currently located in
21
a parking lot for a termite company and does not have room for any
22
landscaping or screening, a waiver from compliance with the
23
provisions of LRO 18,173 is granted. The requirement for strict
24
compliance with LRO 18,173 is waived until such time as a major
25
change in circumstances makes it necessary to impose landscaping
26
or screening requirements in order to meet the goals set forth in the
27
ordinance.
141
1 (G) 8616 Asher Avenue. Because this WCF provides for the
2 collocation of facilities, but is currently located on Optimist Park
3 Property, the company does not have the room for the landscaping
4 or screening requirements set forth in LRO 18,173, although the
s property is currently served by an eight -foot high screening fence.
sic�s
6 Except for landscaping on the north, east and west .dies of the tower
7 site, a waiver from strict compliance with LRO 18,173 is granted
s under the circumstances and will continue until such time as a
9 major change in circumstances makes it necessary to impose
10 landscaping or screening requirements in order to meet the goals set
11 forth in the ordinance.
12 (H) 13625 Saddle Hill Drive. Because the tower is located
13 on Water Works property and is shielded from residential view by
14 existing vegetation in the area, and because the Water Works does
15 not want to sell or lease any additional property, it is impractical to
16 comply with the strict provisions of LRO 18,173 under the current
17 circumstances. A waiver from strict compliance with LRO 18,173
18 is granted under the circumstances and will continue until such time
19 as a major change in circumstances makes it necessary to impose
20 landscaping or screening requirements in order to meet the goals set
21 forth in the ordinance.
22 Section 2. Findings.
23 (A) The Board declares that the general landscaping and screening provisions
24 of LRO 18,173 should be met whenever possible, particularly in residential areas, but
25 that strict compliance for tower permits granted prior to the effective date of LRO
26 18,173, is not always appropriate under existing circumstances. For example, it may not
27 be possible to purchase or lease additional property for the buffer requirements of LRO
28 18,173, but the permittee has otherwise complied with screening and landscaping
1s)
1 requirements imposed at the time the original tower permit was granted. Or, while the
2 permittee is willing to fulfill the City's stated preference of tower collocation, it is unable
3 to do so and meet landscaping requirements because a particular tower is located in an
4 area that, regardless of its zoning classification, is really commercial or industrial in
s nature, and not only would landscaping be of minimal value, it might in fact draw
6 attention to the tower location and, hence, be the antithesis of the goals of LRO 18,173.
7
8 (B) In such circumstances, and others not set forth here, it is appropriate to
9 grant waivers from the strict requirements of LRO 18,173, provided that if in the future
10 a major change in circumstances occurs the City may modify the waivers granted in any
11 subsection of this ordinance in accordance with subsection (C) below.
12 (C) For purposes of this ordinance, "a major change in circumstances" means
13 that the area within 200 -feet of the boundaries of the tower site lease has developed to
14 the point that there is a virtually unobstructed view of the tower from any adjoining
15 residence located in an area zoned R-1, R-2 or R-3, and
16 (1) (a) The City has received a complaint from
17 the owner of such a residence located within
18 200 -feet of the tower site that the site has no
19 landscaping or screening in place; and
20 (b) The City has requested that the parties
21 resolve the issue by agreeing to certain
22 screening or landscaping requirements
23 consistent with LRO 18,173, which can be
24 granted administratively by the Director of
25 Planning and Zoning, but no agreement has
26 been reached.
27 In such an instance, any further action shall occur in accordance with
28 LRO 18,173. Once a year, for any matters impacted by this provision, the
[ 6 1
I Board will receive a report from the Department of Planning and Zoning
2 , to be made a part of the Board records on file with the City Clerk, which
3 identifies the tower sites that have previously received waivers but,
4 pursuant to this provision or any similar applicable provision, has been the
5 subject of modifications. In addition, these modifications shall be noted
6 on the City's geographic information system map; OR
7 (2) The tower site permitee has leased sufficient additional space to
8 meet the landscaping, setback and screening requirements of LRO 18,173,
9 subject to any right of review set forth in that ordinance, as it may be
10 amended.
11 (D) Pursuant to the provisions of subsection (C), before any modification of
12 a waiver is required, the City shall demonstrate that a major change in circumstances
13 from the date of the original permit grant, or from the date of any waiver or deferral, has
14 occurred.
15 Section 3. Severability. In the event any section, subsection, subdivision,
16 paragraph, subparagraph, item, sentence, clause, phrase, or word of this ordinance is
17 declared or adjudged to be invalid or unconstitutional, such declaration or adjudication
18 shall not affect the remaining portions of the ordinance which shall remain in full force
19 and effect as if the portion so declared or adjudged invalid or unconstitutional was not
20 originally a part of the ordinance.
21 Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same, that
22 are inconsistent with the provisions of this resolution are hereby repealed to the extent
23 of such inconsistency.
24 Section 5. Emergency. The City appreciates the fact the federal government has
25 taken steps to encourage the advancement of telecommunications technology, and
26 understands that it is incumbent upon the City to encourage additional carriers to enter
27 into the telecommunications field, and to be able to have some certainty about the
28 requirements and conditions for tower permits within the City. Such development is
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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 20, 2000
ATTEST: APPROVED:
Na Wq/Q City Clerk
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, City7ttorney
[ 8 1
Ji Dailey, Mayor
OFFICE OF THE CITY MANAGER
LITTLE ROCK, ARKANSAS
BOARD OF DIRECTORS COMMUNICATION
JUNE 6, 2000 AGENDA
Subject
NEXTEL Partners request to
waive the ordinance
requirements for landscaping
and screening of a Wireless
Communication Facility (WCF)
on the west side of Two Towers
Road. (Z-6859)
SYNOPSIS
FISCAL IMPACT
RECOMMENDATION
CITIZEN PARTICIPATION
BACKGROUND
Action Required
4Ordinance
Resolution
Approval
Information Report
Submitted By
Cy Carney
City Manager
Ilii; request is coming to the Board to ask for a waiver of the
landscaping and screening requirements for a collocation
Wireless Communication Facility (WCF) on Two Towers
Road due to the nature and the existing conditions of this
particular site. The property is zoned R-2, Single Family
Residential.
None.
Passage of the ordinance approving a deferral, not a waiver.
None.
NEXTEL Partners, one of the newest cell phone service
providers in this area, has started their build -out to provide
service. Their plan is to collocate where ever possible.
Nextel is proposing to collocate on this existing 293 foot
Alltel WCF tower at 254 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 the Chenal Mountain antenna "farm"
on Two Towers Road. It is an existing WCF tower owned by
Alltel. The applicant feels that due to the remoteness of this
site, and that it is unlikely that there would ever be any
residential development near this site, that a waiver of the
BACKGROUND I screening and landscaping requirements is justified. Those
CONTINUED are the only siting requirements not met in the application.
This site is indeed remote now. It is surrounded by acres of
woods and undeveloped property on top of the mountain.
However, as development continues to move to the west,
some day it may come close to the south side of this site. The
area to the south, as well as this site, are zoned R-2, Single
Family Residential. Therefore, Staff believes this site would
be a good candidate for a deferral of the landscaping and
screening requirements rather than a waiver. The ordinance
allows for a deferral until such time as there is an occupiable
structure constructed within 100 feet of the WCF.
Staff believes a deferral rather than a waiver of the
requirements for landscaping and screening around the entire
leased area is justified.
�
SlteExcell, LLC-/ (SAR)
plaza West Building SITE ACOUISITION REPORT for NEXTEL Partners
415 North McKinley,
Suite 1235
Little Rock, Arkansas 72205 Search Area Name & Number: Chenai Mtn. AR
Tel: (501) 6044000 Candidate Name and Number: ALLTEL's Shinall Mtn #8
Fax (501) 6044010 '
Zoning Map
ti/ITRI■IRI■1■
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Proprietary & Confident/al
X695%
SiteExcell, c.Lc
May 5, 2000
Mr. James Connell
Department of Planning and Development
723 West Markham Street
Little Rock, AR 72201
Re: Request for WCF located on Two Towers Drive.
Dear Mr. Connell,
SiteExcell, LLC
Plaza West Building
415 North McKinley, Suite 1235
Little Rock, Arkansas 72205
501-604-4000
Facsimile 501-604-4010
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, SiteExcell, 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 in Pulaski County by is located in the Extra Territorial
Jurisdiction of the City of Little Rock. It is zoned R-2 with a guyed tower belonging to
ALLTEL Communications, Inc. already in place. Nextel will sublease a small parcel of
land from ALLTEL their equipment shelter. Nextel has filed the attached Wireless
Communication Facility (WCF) Application to grant them the ability to collocate on this
tower. As per the application, Nextel proposes to attach their antennas at the 250' level.
The top of the antennas will not exceed 254'. In addition, due to the size and location of
the existing WCF, Nextel requests to seek a waiver to the landscaping and screening
requirement of the WCF ordinance from the Board of Directors. This WCF is located at
a "tower farm" on Shinall Mountain.
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.
4S,1cerely,
Alissa Coff eld
Collocation/Zoning Manager
Cc: NX.U46F-U Chenalountain
Excellence in :Site Management,
Mrarkering. and Cmisulting for the
Wireless Commitrtications Industry
06/19/00 MON 08:26 FAX 501,604 A010
June 19, 2000
SiteExcell lih 002
Mr. James Connell
Department of Planning and Development
723 West Markham Street
Little Rock, AR 72201
Re: Nextel Partners, Inc_ equipment shelter and ice bridge specifications.
Dear Mr. Connell,
Sitcpxc ell, LLC
Playa West Building
415 North McKinley, Saiz 1235
Little Rock, Arkansas 72205
501-604-4000
Facsimile 5011-604-4010
As per. your request, I have researched the specifications for the Cellxion pre -fabricated
equipment shelter and related ice bridge being utilized by Nextel Partners, Inc. (Nextel).
The following specification is for tower installations that are in the WCF review process
as well as a]1 other tower sites in the Arkansas build out.
Height of Equipment Shelter: 107 3 V2"
Height of Ice -Bridge 9'
Please add this information to the .following WCF filings:
AR -002 Pulaski Heights (North Martin)''
AR -004 Barton Coliseum (Booker Street)
AR -006 LR Police HQ (Enmar Drive)
AR -007 Pleasant Heights (Saddle Hill)
AR -014 Cantrell (Rocky Valley)
AR -022 East Airport (Fourche Dann Pike)
AR -045 Rosedale (Asher Avenue)
AR -048 Chenal Mountain (Two Towers)
if you have any questions or require any additional information, please do not hesitate to
call me at 604-4006. Thank you
Sincerely,
Alissa Coffield
Collocation/Zoning Manager
Cc: Files
WIRELESS TELECOMMUNICATIONS FACILTY
STATEMENT OF EFFECTIVE RADIATED POWER
Nextel Partners, Inc.
Site Id#: AR -048P-0
Site Name: Chenal Mountain
Site Address: Gordon Road
Little Rock, AR 72211
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.
A-4
Ron Mapili
WFI
Radio Frequency Engineer
Date