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HomeMy WebLinkAboutZ-7246 Staff AnalysisJuly 11, 2002 ITEM NC.: 13 Name: Sprint Spectrum — Tower Use Permit Address: 711 South Izard Applicant: Sprint Spectrum/Tracy E. Gill FILE NO.: Z-7246 Request: Sprint Spectrum is requesting approval of a deferral of the requirement to install a landscape strip around the perimeter of this existing Wireless Communication Facility. The property is zoned UU, Urban Use. Public Works Comments: No Comments. Landscape/Scr_eening: Landscaping is not required by the Landscape and Tree Protection Ordinance. Only WCF landscape and screening standards apply. Staff believes it would be appropriate to place the landscape materials that would typically be required for the west perimeter of the WCF between the parking lot and the sidewalk. This area is right-of-way and a franchise would be required from the City prior to planting in the right-of-way. Notification: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Downtown Neighborhood Association were notified of this issue. WCF History: Prior to January 1998, cellular towers were permitted by -right in Open Space and Industrial Districts with a maximum height of 75 feet. Variances for towers exceeding 75 feet in height in the Open Space and Industrial Districts were approved by the Board of Adjustment. Cellular towers proposed for placement in other zoning districts required approval of a Conditional Use Permit by the Planning Commission. July 11, 2002 NO.: 13 (Cont, FILE NO.: Z-7246 On January 20, 1998, the Little Rock Board of Directors passed Ordinance No. 17,664 which added a new article to the Zoning Ordinance entitled "Wireless Communications Facilities" and which established standards and development criteria for the various types of WCF's to be erected within the City and its jurisdiction. Under that Ordinance, new WCF were to be landscaped in accordance with Chapter 15, the Landscape Ordinance. This resulted in few WCF sites being landscaped since the landscape requirements of Chapter 15 are tied to parking lots and WCF sites typically have no parking or driveways. In early 1999, it was brought to the attention of the Board of Directors that numerous WCF sites lacked landscaping and screening. These sites were typically located such that abutting zoning or use didn't require screening or landscaping. It was clear that the landscaping and screening requirements within the City Code at that time were insufficient to specifically address the issue of WCF lease sites. Staff was directed to develop new language for WCF's that addressed the specifics of WCF sites but incorporated some of the minimum tree spacing, shrub placement and opaque screening employed on commercial sites. On October 14, 1999, the Planning Commission unanimously voted to recommend approval of an Ordinance establishing landscaping and screening requirements for all new or amended WCF with support structures (towers). While recognizing the impossibility of screening a 75 foot — 150 foot tower, it was felt that it would be appropriate to screen the base of a tower site including equipment facilities and cabinets. The basic landscaping and screening requirements proposed by the Planning Commission for all new or amended WCF were as follow: a. All WCF subject to this section shall contain a permanent six (6) foot landscape strip parallel with all sides of the primary use area and outside of the opaque fence, except for a space for ingress and egress to the primary use area. b. An eight (8) foot opaque fence shall be constructed, finished side facing outward, around the primary use area to provide screening and a background for required landscaping within the six (6) foot landscape strip. c. The opaque fence shall also satisfy the security fence requirement of section 36-593(f). d. The landscape strip on each side of the primary use area shall be planted with two (2) trees of a 2" caliper which will grow to a minimum twenty (20) feet in height at maturity. The space between trees shall be planted with 2 July 11, 2002 ITEM NO.: 13 (Cont. FILE NO.: Z-7246 evergreen shrubs of thirty (30) inch height on 30 inch centers at planting, sufficient to cover at maturity the entire ground area within the landscape strip. On December 20, 1999, the Board of Directors adopted Ordinance No. 18,173 which incorporated the landscape and screening requirements proposed by the Commission for new or amended WCF's but, which also added a 2 year amortization period for those WCF in existence on January 20, 2000 to be brought into compliance with the new standards. The Board retained sole authority to grant waivers or deferrals of the landscape and screening requirements for those WCF sites covered by the amortization schedule. All new or amended WCF's still went to the Planning Commission. Subsequent to January 2000, numerous applications for deferral or conditional waiver of the . standards have been approved by the Board. There are only a few remaining WCF sites that have not been dealt with during the past two years either through a collocation amendment or as a deferral/waiver by the Board. On May 21, 2002, Ordinance No. 18,682 was passed by the Board of Directors which amended the landscape standards for WCF by requiring that the 6 foot landscape strip be located within the WCF lease area and by changing the spacing of trees and shrubs in each landscape strip to a minimum of 15 feet for the trees and a maximum of 48 inches for the shrubs. Also on May 21, 2002, the Board passed Ordinance No. 18,683 which passed to the Planning Commission the authority to grant a deferral of the landscaping and screening requirements for those WCF that were in existence prior to January 20, 2000 and which also extended the amortization period an additional 30 days. Rather than going directly to the Board of Directors, deferrals for those pre- existing WCF are now to be handled through the Tower Use Permit process. The new language in the Code now reads as follows: Existing WCF shall be landscaped and screened in accordance with this section within thirty (30) days of the effective date of this ordinance unless compliance is deferred by the Planning Commission through the TUP process because the WCF is not currently located within 100 feet of any occupiable structure. Provided, however, the WCF shall be landscaped and screened in accordance with this article within ninety (90) days of final inspection for any occupiable structure subsequently constructed within 100 feet of the WCF. a. In such cases where the Planning Commission has granted a deferral of the landscape and/or screening requirements of this article, the Planning Commission may modify the deferral or impose the 3 July 11, 2002 ITEM NO.: 13 (Cont.) FILE NO.: Z-7246 landscape and screening requirements if, in the future, a major change in circumstances occurs. b. For purposes of this section, a "major change in circumstance" means that: (1) 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 site from any adjoining occupiable residential structure or from public property or right of way, and (2) the City has received a complaint from the owner of an occupiable structure located within 200 feet of the tower site that the site has insufficient landscaping or screening in place; and (3) the City has requested that the parties resolve the issue by agreeing to certain screening or landscaping requirements consistent with LRC § 36-593 which can be granted administratively by the Director of Planning and Development, but no agreement has been reached, or sufficient additional space around the site has been acquired to meet the landscaping, setback and screening requirements of LRC § 36-593. Staff Report: The Sprint Spectrum WCF located on the UU zoned property at 711 South Izard Street consists of a 70 foot tall monopole tower and an equipment cabinet within a 25 foot by 35 foot lease area. The lease area is located at the rear of an asphalt paved parking lot, adjacent to the rear of a warehouse building. The WCF site is enclosed by a 6 foot tall chain-link fence topped with barbed wire. A large parking lot extends north of the site. Wholesale and service companies are located across 8th Street to the south. A television studio and printing company are located across Izard Street to the west. The parking lot within which the WCF is located has no landscaping so the base of the WCF is visible when the parking lot is empty. The site is not visible from any residential properties. The tower was constructed in 1996. At that time, the property was zoned 1-2, Light Industrial, and no variance or special approval was needed. The WCF was constructed on an existing asphalt paved parking lot. It was designed and located so as the minimize the effect on the parking lot. Since the WCF is located within the paved parking lot, installing the landscape strip would require tearing out asphalt, redesigning the parking lot and driveway and losing parking spaces. The applicant is requesting approval of a deferral of 4 July 11, 2002 NO.: 13 (Co FILE NO.: Z-7246 the landscaping requirements for all perimeters of the site. Sprint Spectrum will replace the chain-link fence with the required 8 foot tall solid wood fence. Staff is generally supportive of the request. Due to the nature and location of the WCF site, it is reasonable not to require installation of the landscape strip around the perimeter of the site. The proposed 8 foot tall wood fence will provide good screening of the base of the WCF site. Staff does believe it is also reasonable to place some of the required landscaping materials at the perimeter of the site, to provide some landscaping for the parking lot. There are grassy strips located on either side of the sidewalk between the parking lot and the curb of Izard Street. The Izard Street perimeter of the WCF would require two (2) trees and eight (8) shrubs. Placing those materials on the street perimeter of the lot within which the WCF is located would improve the overall appearance of the site. A franchise will be required for placing landscaping in the right-of-way. SUBDIVISION COMMITTEE COMMENT: (JUNE 13, 2002) Tracy Gill was present, representing the application. Staff briefly described the proposed tower use permit. The four (4) Sprint Spectrum T.U.P.'s (Items 10, 11, 12 and 13 on this agenda) were discussed simultaneously. There was a general discussion relating to the basic requirements for screening and landscaping tower sites. The intent of and reasons for these specific ordinance requirements were discussed. Commissioner Berry asked that staff provide the Commission with this information. There was additional discussion pertaining to the number of Sprint towers in Little Rock. Mr. Gill provided the Committee with this information. Bob Brown, of the Planning Staff, noted that some trees within the public right-of- way would help this unlandscaped site. Mr. Gill stated that there was not room between the sidewalk and parking lot to plant trees, because the cars overhang this grassy area. He presented photos to support this point. Mr. Brown suggested using wheel stops to prevent this situation. This issue was briefly discussed. After the discussion, the Committee forwarded the tower use permit to the full Commission for final action. 5 July 11, 2002 ITEM NO.: 13 (Cont) FILE NO.: Z-7246 STAFF RECOMMENDATION: Staff recommends approval of the requested deferral of the landscape requirement on all four perimeters of the WCF site subject to compliance with the following conditions: 1. The deferral is until such time as a "major change in circumstance" as defined in Section 36-593(c)(6) of the Code. 2. The required landscape materials for the western perimeter of the WCF (2 trees and 8 shrubs) are to be planted between the parking lot and the curb of Izard Street. A franchise must be obtained for the landscaping and appropriate wheel stops must be installed to protect the landscaping. PLANNING COMMISSION ACTION: (JULY 11, 2002) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the "Staff Recommendation" above. Staff noted that condition number 2 was to be changed to require the plantings to be placed along the West 8th Street perimeter rather than along Izard Street. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 9 ayes, 0 noes, 1 absent and 1 open position. 9