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Home My WebLink AboutZ-8570-C Application{ , POD UI f � ! P o-R i THIS SITE ----------- — t City Limits R2 I -- �` City Limits � I 06 d �s ti �PD-O �' o� q EGURIe. O f al ® ° rRo . Area Zoning �''~� ran►..,:-=� _milk a 1 Case- Z-8570-C Location: 20001 Kanis RD Ward: N/A PD- 21 CT: 42.02 TRS- T2N R14W34 N 0 250 500 1,000 Feet I Cf nl I ^t1UM1aL 09:R{$ SJBDWISiL•i{ � �' Z-8570-C is 20001 KANIS RD 0 CUP C-1 -) City of Little Rock Planning and Development Filing Fees Date , 20 Annexation $ Board of Adjustment $ Cond Use Permit/T UP $ (� Final Plat $ Planned Unit Dev $ Preliminaiy Plat $ Special Use Permit $ Rezoning $ Site Plans Sti eet Name Change Street Name Signs Number at ea $ Public Hearing Sign Number�at ea $ �� Total $ 3 51,1C► File No r��G Location 6Q dIf It` Applicant Feu., By ta City of Little Rock Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6663 Randy Frazier Kutac Rock, LLP 124 W. Capitol Avenue, Suite 2000 Little Rock, AR 72205 Date: July 6.2015 Dear Mr. Frazier: Case No. Z-8570-C Location: 20001 Kanis Road Planning Zoning and Subdivision This is to advise you that in connection with your application for a conditional use permit, the Planning Commission at its meeting on July 2, 2015, Approved your application as submitted. Denied your application as submitted. X Deferred action to the August 13, 2015 Meeting. Approved your application with the following conditions If you have any questions, please call me at 371-6817. Sincerely, Dana Carney, Zoning and & Department of Planning and DC/aa {sion Manager Et City of Little Rock Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 Randy Frazier Kutac Rock, LLP 124 W. Capital Avenue, Suite 2000 Little Rock, AR 72201 Date: August ] 4, 2015 Dear Mr. Frazier: Case No. Z-8570-C Location: 20001 Kanis Road This is to advise you that in connection with your application for a tower use permit, the Planning Commission at its meeting on August 13, 2015, X Withdrew the application as requested. Approved your application as submitted. Denied your application as submitted. Deferred action to the Approved your application with the following conditions: If you have any questions, please call me at 371-6817. Sincerely, Dana Carney, Zoning and Subd Department of Planning and De DC/aa Manager Planning Zoning and Subdivision Meeting. Tow.doc 03/01/10 APPLICATION FOR TOWER USE PERMIT Zoning Case File No. Z- Planning Co mission Meeting docketed for ^,v L[I �� at -f/D P.M. Application is hereby made to the Little Rock Planning Commission pursuant to the provisions of Act 186 of 1957, Acts of Arkansas, as amended, and Chapter 36 of Little Rock, Ark. Rev. Coed (1988), as amended, requesting a Tower Use Permit on the following property: Address: 2001 Kanis Road, Little Rock, AR 72223 General Location: Approximately 4 miles east of Kanis Rd./Ferndale Cutoff Rd. Legal Description: Attached Title to this property is vested in: John H. Bale and Sharon Bale (Name) 17300 Burlingame Rd., Little Rock, AR 72223 (Address) (501) 821-2762 (Telephone) If an individual other than the title holder files this application, attachment of a completed affidavit is required authorizing this person to act on behalf of the title holder. Subject property is presently zoned: AF A Tower Use Permit is requested to allow use of the property for: 15' extension to existing WCF There (are) are not private restrictions pertaining to the proposed use. It is hereby agreed that the required filing fee will be paid immediately and the posting of the sign furnished will be accomplished as required. The applicant agrees that the design and construction of the facility shall acc to c loc n. Applicant (owner or authorized agent): Randal B. Frazier Kutak Rock LLP (Signature and printed name) 124 W. Capitol Ave., Suite 2000 Address: Little Rock. AR 72201 Telephone: (501) 975-3000 Planning Commiss/A,ved:Conditions of Appr Board of Directors Approved: Ordinance Number: Conditions of Approval: l AFFIDAVIT I, ^r�►j7E __ certify by my -signature below that 1 hereby authorize 'fJ'tw► (waft. - 6FE /}' A .nzn1 Gu,,to act as my agent regarding the of the below described property, Property described Lgg Qi tI'4 of Title Holder ij Date Subscribed and sworn to me a Notary Public on this Nov 7,01y- My Commission Expires: Notary Public BECKYSHRUM tilo¢or-V Punik:-Ar�ar'Sos Pvla7skr Cauniv My Commission Expires 07-25.2022 COMMIS5Ion # 1 2388974 day of R'a�r ' f vOS4, T--NP,1 Nanh, Bangs 14 44,0, and port of Eocow, � aid 34. Top["Y t 04. 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Ea a sr.* of eatd sun e4 514, be4.p eirati%► VYe41 iir.s of Lao i7 and 18 rsW Ctrrwt Dtirwts, T31i.t1p fast is the pots! d be*W*K� LESSANDOWEff ther(pRW-kv fbrKaobRand T z rk A-W LLErrE - ARKANSAS i /\ na WAY APRON PLAN lA 'MONOPME Wl 2V E July 17, 2014 Re: Verizon Wireless Proposed Sellette Site Little Rock, AR To Whom It May Concern: Ye►'►Znwrreless Verizon Wireless 1 Allied Drive Little Rock, AR 72202 In my capacity as a Radio Frequency Engineer for Verizon Wireless (hereinafter "Verizon"), I am writing to you on behalf of Verizon in support of Verizon's applications to build a new site in the city of Little Rock. My responsibilities include, but are not limited to, the design and engineering of Verizon Wireless Communications network in the State of Arkansas. Verizon is currently attempting to improve its coverage in and around the Chenal Down subdivision. The current coverage in the area is relatively weak, which results in drop calls, slow data speeds, and in extreme cases not being able to make or receive calls. This site will greatly improve outdoor coverage and provide good in -building coverage for the Chenal Downs area. Like most wireless carriers, Verizon holds FCC licenses for several different frequency bands in Central Arkansas. Each of these licenses can be utilized indifferent ways and the use of each can change as technology evolves. Currently the 850MHz spectrum is being used for Verizon's voice and EVDO data while the new LTE data network is deployed on the 700MHz spectrum. Verizon is also in the process of enhancing the LTE data network with a recently purchased license that operates in the 2100MHz spectrum. Each of these licenses is strictly regulated by the FCC on how much power can be transmitted and location of the antenna system to ensure safe operations. Verizon has an entire regulatory department that makes sure that Verizon complies with all federal safety standards and regulations for radio frequency emissions. The department also makes sure that the site compound is fenced and equipped with the appropriate signs and that all FAA regulations are met that pertain to the tower structure itself. By allowing this site to be constructed at this location, Verizon will be able to improve the level of wireless services for the residents of the Chenal Down area and Kanis Road. Sincerely Gil Tomlinson Radio Frequency Engineer Verizon Wireless NORTHWEST ARKANSAS OFFICE SUITE 400 234 EAST MILLSAP ROAD FAYETTEVILLE, ARKANSAS 72703-4099 479-973-4200 RANDAL B. FRAZIER randy.frazier@kutakrock.com (501) 975-3122 KUTAK ROCK LLP SUITE 2000 124 WEST CAPITOL AVENUE LITTLE ROCK, AR 72201 -3706 501-975-3000 FACSIMILE 501-975-3001 www.kutakrock.com May 21, 2015 Mr. Tony Bozynski, Director City of Little Rock Department of Planning and Development 723 W. Markham Little Rock, AR 72201 ATLANTA CHICAGO DENVER FAYETTEVILLE IRVINE KANSAS CITY LITTLE ROCK LOS ANGELES MINNEAPOLIS OKLAHOMA CITY OMAHA PHILADELPHIA RICHMOND SCOTTSDALE WASHINGTON WICHITA VIA NAND DELIVERY Re: Application of Verizon Wireless and BTE Group for a fifteen foot (15') extension to an existing Wireless Communications Facility located at 2001 Kanis Road, Little Rock, AR 72223 ("Application") Dear Mr. Bozynski: Our firm represents Verizon Wireless and BTE Group (jointly, "Applicant") in connection with the enclosed Application. The Application requests a fifteen foot (15') extension to an existing tower located at the above -referenced address. The extension is sought in order to allow Verizon to collocate on the tower. On February 22, 2012, Congress passed the Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. 1455. §6409(a) of that statute is commonly known as the "Spectrum Act" and states in Subsection (a)(1): "...notwithstanding section 704 of the Telecommunications Act of 1996 [codified as 47 U.S.C. 332(c)(7)] or any other provision of law, a State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station" (emphasis added). Subsection (a)(2) of the Spectrum Act further defines an "eligible facilities request" as a collocation of new transmission equipment. The Applicant is proposing to collocate new transmission equipment on an existing tower —the specific purpose of the Spectrum Act. On January 8, 2015, the Federal Communications Commission ("FCC") issued its Final Rule implementing the statutory requirements of the Spectrum Act which is entitled "Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies." This Final Rule became effective April 8, 2015 and defines what constitutes "substantially change". The ruling became effective April 8, 2015. It holds that for towers outside the public rights -of -way (the existing tower which is the subject of the Application is outside of the public right-of-way) a modification of an existing tower "substantially changes" the physical 4823-3606-9924.1 KUTAK ROCK LLP Mr. Tony Bozynski May 21, 2015 Page 2 dimensions of a tower if it meets either of the following criteria: 1) it increases the height of the tower by more than ten percent (10%) or 2) it increases the height of the tower by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet (20'); whichever is the greater. Applying the FCC's ruling, the existing tower which is the subject of the Application can be increased by twenty feet (20'). The Application seeks a height increase of only fifteen feet (15) which is ten percent (10%) of the tower's existing height of one hundred fifty feet (150'). The requested extension does not constitute a "substantial change" under the Spectrum Act and the FCC's Final Rule. Consequently, the City of Little Rock "may not deny and shall approve" the height increase. Furthermore, pursuant to those portions of the Spectrum Act highlighted above, the City of Little Rock cannot rely on "any other provision of law" to deny the Application. This prohibition would include any local procedural rules or regulations of the City of Little Rock that prohibit substantially similar applications from being filed within one year of the denial of a previous application. The Application hereby submitted is a separate and distinct one from a previous application filed by the Applicant which sought a Tower Use Permit for a twenty foot (20) increase in the tower height under the City of Little Rock's Wireless Communications Facilities ordinances, Article XIII, Sec. 36-590 et. seq. The current Application is being filed pursuant to the rights afforded the Applicant under the Spectrum Act and the Final Rule and seeks only a fifteen foot (15') increase in height of the existing tower. As stated above, federal law states that the City "may not deny, and shall approve" an eligible facilities request. The Application represents an eligible facilities request. Moreover, § 109 of the Federal Rule provides that if the City does not approve the Application within sixty (60) days from the date of its filing, accounting for any tolling, it will be deemed approved. It is important to note that in a Public Notice released by the FCC on January 25, 2013, entitled Local Review of Collocation Applications, Interpretive Guidance, the FCC's Wireless Telecommunications Bureau stated that the Spectrum Act "clearly contemplates an administrative process that invariably ends in approval of a covered application." Based on the Spectrum Act, the FCC rule, and the fact that the simple request for a fifteen foot (15') extension of an existing tower is an "eligible facilities request," it is the Applicant's position that the Application should be processed in an administrative review procedure to be conducted by you in your capacity as the Director of the City of Little Rock Office of Planning and Development. Without waiving any rights to which the Applicant is entitled, if you do not agree and require the Application to be heard by the Little Rock Planning Commission, I request that you promptly provide the date of any such Planning Commission meeting when this matter will be heard. 4823-3606-9924.1 KUTAK ROCK LLP Mr. Tony Bozynski May 21, 2015 Page 3 Thank you for your attention to this matter. If you have any questions or would like to discuss this matter in more detail, feel free to contact me. Sincerely, Rand . Frazier RBF/ams Enclosures 4823-3606-9924.1 Carney, Dana From: Carney, Dana Sent: Tuesday, June 16, 2015 10:19 AM To: 'Frazier, Randal B.' Cc: Bozynski, Tony Subject: RE: Verizon Wireless Tower Use Permit; Z-8570-C Thank you. The item will be placed on the July 2 consent agenda for deferral to the Aug. 13 meeting. You will need to do your notices for the Aug. 13 meeting. From: Frazier, Randal B. [mailto:randy.frazier@kutakrock.com] Sent: Tuesday, June 16, 2015 9:42 AM To: Carney, Dana Subject: Verizon Wireless Tower Use Permit; Z-8570-C Dana, I represent the applicant in the above -captioned matter. Please accept this email as a the applicant's request for a deferral of this matter from the July 2, 2015 Planning Commission meeting until the August 13, 2015 meeting. We are having discussions with the only known objecting neighbor and his legal counsel to explore alternative solutions for this site. Please confirm this matter will be deferred to the August 13 Planning Commission meeting. Thank you. Randy Frazier Kutak Rock LLP 124 W. Capitol Ave., Suite 2000 Little Rock, AR 72201 (501) 975-3122 (direct) (501) 975-3001 (fax) ra ndy. frazie ra kuta krock, cam This E-mail message is confidential, is intended only for the named recipients above and may contain information that is privileged, attorney work product or otherwise protected by applicable law. If you have received this message in error, please notify the sender at 402-346-6000 and delete this E-mail message. Thank you. Carney, Dana From: Frazier, Randal B. <randy.frazier@kutakrock.com> Sent: Tuesday, August 4, 2015 10:15 AM To: Carney, Dana Cc: bwalker@catlaw.com Subject: Z-8570-C; Verizon Tower Extension at 20001 Kanis Road Dana, Verizon is requesting that the above -referenced application for the extension of the WCF at 20001 Kanis Road be withdrawn. The applicants, Verizon and BTE, no longer intend to pursue the tower extension and request that the matter be removed from the August 13, 2015 Planning Commission Agenda. If you have any questions regarding this matter, feel free to contact me. By copy of this email, I am notifying Brad Walker, the attorney for the only known objector, Mr. Harper. Randy Frazier Kutak Rock LLP 124 W. Capitol Ave., Suite 2000 Little Rock, AR 72201 (501) 975-3122 (direct) (501) 975-3001 (fax) randy.frazier{ckutakrock.com This E-mail message is confidential, is intended only for the named recipients above and may contain information that is privileged, attorney work product or otherwise protected by applicable law. If you have received this message in error, please notify the sender at 402-346-6000 and delete this E-mail message. Thank you. Carney, Dana From: Carpenter, Tom Sent: Monday, May 18, 2015 1:44 PM To: Bozynski, Tony; Carney, Dana; Moore, Bruce; Baehr, Laurie; Jones, James E.; Chastain, Stacia; James, Donna; Malone, Walter Cc: Mann, Bill; Overton, Shawn; Weldon, Debra; Carpenter, Beth Subject: Emailing: 2015-11810.pdf Attachments: 2015-11810.pdf Dear Tony, attached. The FCC guidelines that require certain times frames for action and reports was confirmed today. They are Tom To: Dana Carney, Zoning & Subdivision Manager Date: 6-4-15 Donna James, Zoning Monte Moore, Subdivision From: Curtis Richey / Mark Alderfer: Building Codes Building Code Comments: 20001 Kanis — Cell Tower Project is subject to full plan review approval prior to issuance of a building permit. For information on submittal requirements and the review process, contact a commercial plans examiner: Structural Plans are required. Mark Alderfer at 501.371.4875; malderfer@littlerock.or Z-1465-E 4601 S._Universit_y Project is a change in occupancy and is therefore subject to current building code requirements. Review and approval is required by Building Codes Division before occupancy takes place. For information on submittal requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; crichev@iittlerock.org or Mark Alderfer at 501.371.4875; malderfer@littlerock.org. Z-4285-C 6300 Father Tribou Drive Project is subject to full commercial plan review and approval prior to issuance of a building permit. For information on submittal requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; crichev@littlerock.org or Mark Alderfer at 501.371.4875; malderfer@littlerock.org. Z-4289-A 9300 Geyer Springs Road Project is subject to full commercial plan review approval prior to issuance of a building permit. For information on submittal requirements and the review process, contact a commercial plans examiner: Structural Plan/Calculations required. Mark Alderfer at 501.371.4875; malderfer@ littlerock.orR. A-4537-C 4215 Asher Avenue Project is a change in occupancy and is therefore subject to current building code requirements. Review and approval is required by Building Codes Division before occupancy takes place. For information on submittal requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; crichev@li_t_tle_rock.oror Mark Alderfer at 501.371.4875; malderfer@littlerock.or�. Regards, Curtis Richey Federal Register / Vol. 80, No, 95 / Monday, May 18, 2015 / Rules and Regulations 28203 Dated: May 2, 2015. Jack E. Housenger, Director, Office of Pesticide Programs Therefore, 40 CFR chapter I is amended as follows: PART 180-[AMENDED] K 1. The authority citation for part 180 continues to read as follows: Authority: 21 U.S.C. 321(q), 346a and 371. ■ 2. Add § 180.1331 to subpart D to read as follows: § 180.1331 Trichoderma asperelloides strain JM41 R; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Trichoderma asperelloides strain JM41R in or on all food commodities when used in accordance with label directions and good agricultural practices. [FR Doc. 2015-11960 Filed 5-15-15; 8:45 am] BILLING CODE 65613-50-P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 1 [WT Docket Nos. 13-238 and 13-32, WC Docket No. 11-59; FCC 14-153] Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies AGENCY: Federal Communications Commission. ACTION: Final rule; announcement of effective date. SUMMARY: In this document, the Federal Communications Commission (Commission) announces that the Office of Management and Budget (OMB) has approved, for a period of three years, certain information collection requirements associated with the Commission's Report and Order regarding the Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies, FCC 14-153. This document is consistent with the Report and Order, which stated that the Commission would publish a document in the Federal Register announcing OMB approval and the effective date of the new information collection requirements. DATES: 47 CFR 1.40001(c)(3)(i), 1,140001(c)(3)(iii), and 1,140001(c)(4), published at 80 FR 1238, January 8, 2015, are effective on May 18, 2015. FOR FURTHER INFORMATION CONTACT: Cathy Williams by email at Cathy. Williams@fcc.gov and telephone at (202) 418-2918. SUPPLEMENTARY INFORMATION: This document announces that, on May 5, 2015, OMB approved certain information collection requirements contained in the Commission's Report and Order, FCC 14-153, published at 80 FR 1238, January 8, 2015. The OMB Control Number is 3060-1208. The Commission publishes this document as an announcement of the effective date of these information collection requirements. Synopsis As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the FCC is notifying the public that it received OMB approval on May 5, 2015, for the new information collection requirements contained in the Commission's rules at 47 CFR 1.40001(c)(3)(i), 1.140001(c)(3)(iii), and 1,140001(c)(4). Under 5 CFR part 1320, an agency may not conduct or sponsor a collection of information unless it displays a current, valid OMB Control Number, No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a current, valid OMB Control Number. The OMB Control Number is 3060-1208. The foregoing notice is required by the Paperwork Reduction Act of 1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507. The total annual reporting burdens and costs for the respondents are as follows: OMB Control Number: 3060-1208. OMB Approval Date: May 5, 2015. OMB Expiration Date: May 31, 2018. Title: Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies. Form Number: N/A. Respondents: Individuals or households, business or other for -profit entities, not -for -profit institutions and State, local or Tribal governments. Number of Respondents and Responses: 1,350 respondents; 3,597 responses. Estimated Time per Response:.5 hours to 1 hour. Frequency of Response: Third -party disclosure reporting requirement. Obligation to Respond: Required to obtain or retain benefits. Statutory authority for this information collection is contained in Sections 1, 2, 4(i), 7, 201, 301, 303, and 309 of the Communications Act of 1934, as amended, and Sections 6003, 6213, and 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 112-96, 126 Stat. 156, 47 U.S.C. 151, 152, 154(i), 157, 201, 301. 303, 309, 1403, 1433, and 1455(a), Total Annual Burden: 3,535 hours. Total Annual Cost: None, Nature and Extent of Confidentiality: There is no need for confidentiality with this collection of information, Privacy Act Impact Assessment: This information collection may affect individuals or households. However, the information collection consists of third -party disclosures in which the Commission has no direct involvement. Personally identifiable information (PII) is not being collected by, made available to, or made accessible by the Commission. There are no additional impacts under the Privacy Act. Needs and Uses: The Commission requested OMB approval for new disclosure requirements pertaining to subpart CC of part 1 of the Commission's rules. This subpart was adopted to implement and enforce Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012. Section 6409(a) provides, in part, that "a State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station." 47 U.S.C. 1455(a)(1 ). In subpart CC, the Commission adopted definitions of ambiguous terms, procedural requirements, and remedies to provide guidance to all stakeholders on the proper interpretation of the provision and to enforce its requirements, reducing delays in the review process for wireless infrastructure modifications and facilitating the rapid deployment of wireless infrastructure. The following are the information collection requirements in connection with subpart CC of part 1 of the Commission's rules: • 47 CFR 1.40001(c)(3)(i)-To toll the 60-day review timeframe on grounds that an application is incomplete, the reviewing State or local government must provide written notice to the applicant within 30 days of receipt of the application, clearly and specifically delineating all missing documents or information. Such delineated information is limited to documents or information meeting the standard under paragraph (c)(1) of Section 1.40001. • 47 CFR 1.40001(c)(3)(iii)- Following a supplemental submission from the applicant, the State or local government will have 10 days to notify the applicant in writing if the supplemental submission did not provide the information identified in the State or local government's original 28204 Federal Register / Vol. 80, No, 95 / Monday, May 18, 2015 / Rules and Regulations notice delineating missing information. The timeframe for review is tolled in the case of second or subsequent notices of incompleteness pursuant to the procedures identified in paragraph (c)(3). Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness, • 47 CFR 1.40001(c)(4)—If a request is deemed granted because of a failure to timely approve or deny the request, the deemed grant does not become effective until the applicant notifies the applicable reviewing authority in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted, These collections are necessary to effectuate the rule changes that implement and enforce the requirements of Section 6409(a). Federal Communications Commission. Gloria J. Miles, Federal Register Liaison Officer, Office of the Managing Director. [FR Doc. 2015-11810 Filed 5-15-15; 8:45 am] BILLING CODE 6712-01—P Carney, Dana From: Carney, Dana Sent: Thursday, May 21, 2015 4:45 PM To: Carpenter, Tom Cc: Bozynski, Tony Subject: Verizon tower Randy Frazier, on behalf of Verizon Wireless, has brought to my office an application to increase the height of the existing cellular tower at 20001 Kanis Road form 150 feet to 165 feet. He has cited the various FCC rules in support of his request. I will bring you a copy of the filing first thing in the morning. I need to know how to handle it. Does it need to go to the Planning Commission as a tower use permit or is it to be approved at staff level? If it needs to go to the Commission, Tuesday is the filing day for the July 2 Commission meeting. Dana Carney, Zoning and Subdivision Manager Department of Planning and Development 723 W. Markham Street Little Rock, AR 72201 (501) 371-6817 Carney, Dana From: Carpenter, Tom Sent: Thursday, May 21, 2015 5:00 PM To: Carney, Dana Cc: Bozynski, Tony; Mann, Bill Subject: RE: Verizon tower Attachments: Verizon tower Dear Dana, I figured that this was coming. Randy had indicated as much. First, we have 60 days from today to act on the application or it is automatically deemed approved. Right now applications go to the Planning Commission if they are beyond the range of staff approval, I think, but I will look at our ordinance in light of the FCC rule and let you know. The BOD has indicated that they would like to have some kind of "hearing," in the community, but that also has to be done in the 60-days. While zoning and aesthetic concerns can be considered, if the application is within the automatic guidelines approved by the FCC order, then there is nothing to approve. I think that 15-feet is, assuming that the 150' height was in place in 2012. Information as to when the pole was initially placed there would be helpful. Also, information as to changes in the pole, the area around it, and such, will be helpful. I do not imagine that there are any park properties or historic properties in the area. If not, then there is really not a lot the City can do. But, I need to bring that point to the BOD. Thanks for sending me the materials tomorrow. I am leaving at noon, but I will be back in touch with you early next week. Tom Thomas M. Carpenter OFFICE OF THE CITY ATTORNEY 500 West Markham, Ste. 310 Little Rock, Arkansas 72201 (T) (501) 371-6875 (direct) (F) (501) 371-4675 (M) (501) 993-1052 tcarpenter@littlerock.org Carney, Dana From: H. Bradley Walker <bwalker@catlaw.com> Sent: Thursday, May 21, 2015 5:00 PM To: Carpenter, Tom Cc: Randy Frazier Subject: Kanis Road Cell Tower Extension Tom, As you may know, Verizon filed to day a request to extend the tower of Kanis 15'. Mr. Frazier has requested the matter be approved at the administrative level without the need for public hearings before the Planning Commission or the City Board of Directors. My contention on behalf of the adjacent landowner is that any preemptions referenced, if applicable, doesn't displace the need for a variance and the related city review procedure. We would appreciate the opportunity to present more fully our position should your office or the City be considering an administrative review without public hearings. I would also appreciate being inform of the review process so I may adequately represent my client. Cordially, brad H. Bradley Walker Attorney at Law (501) 725-8464 (direct) (501) 712-2860 (fax) h�4triltCr,rl�.cat ltt��'.ct31n 0 323 Censer St., Suite 1800 The Tower Building Little Rock. AR 72201 www.cailaw.com I III einaui and any .I(taeiunent the III cilel_Cd and COH!-IdcIII al li cou Itd�e rL:cened this in rrroi pleuae Lie't[M n unuiediatel� il,S ('uvular 2W) R::quired \oticc--IRS re.`ulatum, re,µtiit tht,l :�L: u1Fntni voLI a� F.,IIi a ;int l' K!Llerul tnK :';LhIce c0111aur:d in this (i)Mnding any attac'imaenta) i, not uitcndc•d it, be used and cannot I)e uecd.. Ioc the I tic hoa: oI'( I) nvol din pcnalmts uud._r the IntcruaI Roen.ue l:odc ou (iit I)n+mottnF, mnIkeIIlig or Eccommudm..r It) anorhe3' paste amy tar -related mattes Carney, Dana From: Carpenter, Tom Sent: Thursday, May 21, 2015 5:19 PM To: H. Bradley Walker Cc: Randy Frazier; Bozynski, Tony; Carney, Dana; Mann, Bill Subject: RE: Kanis Road Cell Tower Extension Attachments: Kanis Road Cell Tower Extension Dear Brad, Thank you for your email. just where in FCC 14-153, which is currently the law of the land, do you find any discretion on the part of the City? For NEPA and NHPA purposes, there are exemptions that apply. The 150' tower height has been in place since February 2012, the time of the federal act which set the base line for height, and the 15' extension is clearly within the automatic approval area of FCC 14-153. I have asked for information about the proposal since I want to see if there is any ground equipment or other matters that may impact the issue, and Dana indicated that he would get that information to me tomorrow. But, I would love to know what your client has on that point. Does your client have anything to suggest that the application is not in compliance with Section 6409(a). Is there evidence of a substantial change to the base station? Since only a substantial change can be subject to review, and the application is within both the 20-foot height, and the 10% height extension, I do not see an issue. Do you have any evidence of a protrusion from the edge of the tower of more than 20' that might grant the City some discretion? Does anything about this addition defeat the concealment elements of the existing tower? I think the only concealment element of the existing tower is the fact that it is a certain kind of pole; so, since the additional height addition is within the range that exempts the addition from local control, any information you have on this point would be helpful and significant. I think that this tower is outside the City's ROW, so if you have information that the addition will cause the tower to protrude more than 20-feet from the edge of the tower, or at the width of the addition, that would be helpful. Also, if you have information that more than the standard number of equipment cabinets will be used - and, essentially that is more than four cabinets - that would be beneficial. Information about excavation outside the current tower site or base station is crucial, so that information would be good to have. Absent such information, the failure of the City to timely approve the addition in light of the federal regulations places the City at risk. In the first place, the approval is somewhat automatic. But, if the City denies the addition without any of the aspects of substantial changes that give it some discretion, then I am concerned that the City has tortuously interfered with a business relationship, an intentional tort for which there is no government immunity. Of course, if you have information that provides a reason to be concerned about the matters listed above, that changes the review process. I will certainly be looking at what Dana sends me from that standpoint, and I suspect strongly the City, probably through the Planning Department, will seek clarification on this issues from Verizon, so if and when that happens your review of Verizon's response will certainly help in the determination as to whether the City has any discretion. I look forward to hearing from you. Tom Thomas M. Carpenter OFFICE OF THE CITY ATTORNEY 500 West Markham, Ste. 310 Little Rock, Arkansas 72201 (T) (501) 371-6875 (direct) (F) (501) 371-4675 (M) (501) 993-1052 tcarpenter@littlerock.org Carney, Dana From: Frazier, Randal B. <randy.frazier@kutakrock.com> Sent: Thursday, May 21, 2015 5:54 PM To: Carpenter, Tom; H. Bradley Walker Cc: Bozynski, Tony; Carney, Dana; Mann, Bill Subject: RE: Kanis Road Cell Tower Extension Attachments: Application for Tower Use Permit -filed 5.21.15.pdf Tom, For the convenience of those who have been cc'd on this email thread I am attaching a copy of the application I filed at Planning and Development today. The attached does not contain the survey and engineering specifications of the current tower site and the additions of the Verizon generator and equipment shelter in the existing compound. 18 paper copies of those drawings were submitted to Planning and Development with the application. Brad Walker was also provided a copy of them. They are large and have not yet been scanned in a format that will allow for them to be emailed. Randy Frazier Kutak Rock LLP 124 W. Capitol Ave., Suite 2000 Little Rock, AR 72201 (501) 975-3122 (direct) (501) 975-3001 (fax) ra ndy. fraz ier&kutakrock. cam From: Carpenter, Tom [mailto:TCarpenter@littlerock.org] Sent: Thursday, May 21, 2015 5:19 PM To: H. Bradley Walker Cc: Frazier, Randal B.; Bozynski, Tony; Carney, Dana; Mann, Bill Subject: RE: Kanis Road Cell Tower Extension Dear Brad, Thank you for your email. Just where in FCC 14-153, which is currently the law of the land, do you find any discretion on the part of the City? For NEPA and NHPA purposes, there are exemptions that apply. The 150' tower height has been in place since February 2012, the time of the federal act which set the base line for height, and the 15' extension is clearly within the automatic approval area of FCC 14-153. I have asked for information about the proposal since I want to see if there is any ground equipment or other matters that may impact the issue, and Dana indicated that he would get that information to me tomorrow. But, I would love to know what your client has on that point. Does your client have anything to suggest that the application is not in compliance with Section 6409(a). Is there evidence of a substantial change to the base station? Since only a substantial change can be subject to review, and the application is within both the 20-foot height, and the 10% height extension, I do not see an issue. Do you have any evidence of a protrusion from the edge of the tower of more than 20' that might grant the City some discretion? Does anything about this addition defeat the concealment elements of the existing tower? I think the only concealment element of the existing tower is the fact that it is a certain kind of pole; so, since the additional height addition is within the range that exempts the addition from local control, any information you have on this point would be helpful and significant. I think that this tower is outside the City's ROW, so if you have information that the addition will cause the tower to protrude more than 20-feet from the edge of the tower, or at the width of the addition, that would be helpful. Also, if you have information that more than the standard number of equipment cabinets will be used - and, essentially that is more than four cabinets - that would be beneficial. Information about excavation outside the current tower site or base station is crucial, so that information would be good to have. Absent such information, the failure of the City to timely approve the addition in light of the federal regulations places the City at risk. In the first place, the approval is somewhat automatic. But, if the City denies the addition without any of the aspects of substantial changes that give it some discretion, then I am concerned that the City has tortuously interfered with a business relationship, an intentional tort for which there is no government immunity. Of course, if you have information that provides a reason to be concerned about the matters listed above, that changes the review process. I will certainly be looking at what Dana sends me from that standpoint, and I suspect strongly the City, probably through the Planning Department, will seek clarification on this issues from Verizon, so if and when that happens your review of Verizon's response will certainly help in the determination as to whether the City has any discretion. I look forward to hearing from you. Tom Thomas M. Carpenter OFFICE OF THE CITY ATTORNEY 500 West Markham, Ste. 310 Little Rock, Arkansas 72201 (T) (501) 371-6875 (direct) (F) (501) 371-4675 (M) (501) 993-1052 tcaroente rP I ittle ro ck. org This E-mail message is confidential, is intended only for the named recipients above and may contain information that is privileged, attorney work product or otherwise protected by applicable law. If you have received this message in error, please notify the sender at 402-346-6000 and delete this E-mail message. Thank you. Carney, Dana From: Carney, Dana Sent: Wednesday, May 27, 2015 9:23 AM To: Carpenter, Tom Cc: Bozynski, Tony Subject: 20001 kanis Cell tower Good Morning Tom: Have you reached a decision on how we are to handle Randy Frazier's request to add 15 feet to the existing cell tower at 20001 Kanis road? Thank you. Dana Carney, Zoning and Subdivision Manager Department of Planning and Development 723 W. Markham Street Little Rock, AR 72201 (501) 371-6817 Carney, Dana From: Carney, Dana Sent: Wednesday, May 27, 2015 9:44 AM To: Carpenter, Tom Cc: Bozynski, Tony Subject: RE: 20001 kanis Cell tower Okay. Since yesterday was the filing day for the July 2 planning commission meeting, and since Randy filed everything necessary for consideration of a tower use permit, I am going to go ahead and route the item along with the other items that were filed. I can hold off on publishing the legal ad and notices to property owners don't have to go out just yet. If you determine it does not have to go to the Commission, it will be no problem to delete the item from the legal ad and remove it from the tentative agenda. From: Carpenter, Tom Sent: Wednesday, May 27, 2015 9:34 AM To: Carney, Dana Subject: RE: 20001 kanis Cell tower Dear Dana, For the most part, I have. But, Brad Walker submitted information yesterday that I want to look at today. Of course, the 60-day clock is running. Tom Thomas M. Carpenter OFFICE OF THE CITY ATTORNEY 500 West Markham, Ste. 310 Little Rock, Arkansas 72201 (T) (501) 371-6875 (direct) (F) (501) 371-4675 (M) (501) 993-1052 tarpenter a littlerock.orl2 Carney, Dana From: Bozynski, Tony Sent: Monday, April 13, 2015 3:29 PM To: Carney, Dana; Moore, Monte Subject: FW: 20001 Kanis Cell Tower WCF FYI From: H. Bradley Walker [mailto:bwalker@catlaw.com] Sent: Monday, April 13, 2015 2:30 PM To: Stodola, Mark; City Manager Cc: Bozynski, Tony; Carpenter, Tom; Randy Frazier Subject: RE: 20001 Kanis Cell Tower WCF Good Afternoon, Mayor Stodola, City Manager Bruce Moore, Planning Director Tony Bozynski, and City Attorney Tom Carpenter, I am witting to request notification in connection with an anticipated request to extend the height of an existing cell tower located at 20001 Kanis Road. Please confirm that I will be notified of any affirmative action taken. The property is owned by John Bale and the previous applicant was James Curley. A recent application Z- 8570-B to extend the tower was denied by the City Planning Commission and Board. It is my understanding a new request will be presented to the City relying upon a recent FCC Rule effective April 8, 2015. There is apparently uncertainty how the City should and will respond: administrative approval, process as variance application, or some other response. What ever the response may be, it is my request on behalf of the neighbor to the site that he be give notice of the City's actions so he might participate in the review or challenge any approval. The action we take on behalf of our client must be tailored to the action of the City. It is my reading that the new FCC Rules do not alter any municipal review procedures and a new application is improper if filed within 12 months of the previous denial. We will also contend that expansion is substantial when existing opportunities for occupancy are present on the tower. We wish to make these arguments in all the proper forums. I must note that Mr. Frazer has been forthcoming as to his client's intentions to extend the tower and expressed a willingness to inform us of actions taken in furtherance of the tower extension. I thank him for that courtesy. I would hope the City would provide the same courtesy of public information in connection with a filed request. As soon as the City determines what course it wishes to take, please let me know. I welcome the opportunity to discuss this matter further. Sincerely, brad 5 H. Bradley Walker Attorney at Law (501) 725-8464 (direct) (501) 712-2860 Max) hevalkcr'u-,cal law.coiY1 323 Center Sl.. Suite 1800 The Tower Building Little (lock. AR 72201 wwwxatlawxom .Ir '1•. µ', t:AI ... dj I' ..:,, f! 1 I'1 It. ... ..-,.. !:-..- ... .c,!1c. '{:tip :t-.tttir• ... r'ti.: t•.. r�: .,t.[• [.�:t.., .i... 5 ., tl .t,•, ... '[ . -- r 7. !•. .. .-rr>': r t,-r .:.! it .,_ ._..;.I rl•. ,i ., t.: Pi Little Rock Wastewater Comments Project Number Z-1465-E Project Name Project Type Nulife Christian Fellowship Conditional Use Permit Church Project Number Z-4285-C Project Name Catholic High School Athletic Fieldhouse Project Type Revised Conditional Use Permit Project Number Z-4289-A Project Name Project Type Branch Communications Tower Use Permit Cell Tower Project Number Z-4537-C Project Name Project Type Sophisticated Urban Conditional Use Permit Clothing Project Number Z-8570-C Project Name Project Type Verizon Wireless - Sellette, Tower Use Permit Arkansas Comment Made Sewer Available to this project. Comment Made Sewer Available to project. Sewer Main Relocation required to construct project as shown. Comment Made Sewer Available to this project. Comment Made Sewer Available to this project. Comment Made Outside Service Boundary, no comment. Monday, June 08, 2015 Page 1 of 1 SUBDIVISION COMMITTEE COMMENTS JUNE 10, 2015 ITEM NO.: 6 VERIZON WIRELESS — TOWER USE PERMIT 20001 KANIS ROAD Z-8570-C Planning Staff Comments: 1. No Comments Variance/Waivers: None requested. Public Works: 1. Kanis Road is classified on the Master Street Plan as a minor arterial. A dedication of right- of-way 45 feet from centerline will be required. 2. The driveway should be constructed with a concrete apron per City Ordinance. Utilities and Fire De artment/Coun Magnin : Wastewater: Outside service boundary, no comment. Entergy: Entergy does not object to the addition of 15 feet to the height of the existing cell tower as long as the electrical distribution facilities serving the existing tower are not impacted. Centerpoint Energy: No comment received. AT&T: No comment received. Central Arkansas Water: No objection. Fire Department: No Comments. Building Codes: Project is subject to full plan review approval prior to issuance of a building permit. For information on submittal requirements and the review process, contact a commercial plans examiner: Structural Plans are required. Mark Alderfer at 501.371.4875; maldcr(ci-;ci.liitlerock.00r County Planning: No comments received CATA: Sited located outside of CATA service area. Planninp- Division: No comments. Landscape: Landscape and screening are to comply with Chapter 36, Section 36-593(c) of the Code. In summary: ITEM NO.: 6. CON'T Z-8570-C 1. The site is to contain a permanent six foot landscape strip parallel with all sides of the primary use area and outside of the opaque fence but within the lease area. 2. An eight foot opaque fence, finished side fencing cut, is to be located around the entirety of the primary use area. 3. The landscape strip on each side of the primary use area is to contain two trees, of a two inch caliper which will grow to a spacing of 15 feet and a height of 20 feet. Each landscape strip is to also contain evergreen shrubs of 30 inches in height at planting, with a maximum spacing of 48 inches and which will grow to a minimum height of 60 inches. Other: Submit responses to staff issues and four (4) copies of a revised site plan (if required) no later than Wednesday June 17, 2015. Required notices are to be sent via certified mail to all owners of properties located within two hundred (200) feet of the site no later than Wednesday June 17, 2015. The City -provided notice form must be used. Proof of notice is to be provided to staff no later than June 26, 2015. En tffgy June 1, 2015 City of Little Rock Department of Planning and Development ATTN: Ms. Donna James, AICP 723 West Markham Street Little Rock, AR 72201-1334 Entergy Arkansas Inc. #9 Entergy Court Little Rock, AR 72211 RE: Entergy comments related to Planning and Zoning items for the July 2nd meeting Ms. James, Please find below Entergy's comments related to the items received from the Department of Planning and Development this past week. The request letter said to have the comments back to you by June 8, 2015. ■ Verizon Wireless — 20001 Kanis Road: Z-8570-C o Entergy does not object to the addition of 15 feet to the height of the existing cell tower as long as the electrical distribution facilities serving the existing tower are not impacted. • Nulife Christian Fellowship Church — 4601 S University: Z-1465-E o Entergy does not object to the conditional use permit whereby the applicant is requesting to use 6,000 +- square feet of the existing building. The building is already supplied with electric service. The customer should contact Entergy in advance if changes in the electrical service requirements to the building are required. ■ Catholic High School Athletic Fieldhouse — 6300 Father Tribou Dr: Z-4285-C o Entergy does not object to this proposal. The existing building is currently served via an underground line and a padmount transformer — neither of which should be impacted by the footprint of the larger building or parking lot. If the location of the electrical facilities do pose an issue as the project develops, please contact Entergy so adjustments can be discussed and changes made as agreed upon. The customer should contact Entergy in advance if changes in the electrical service are required to meet the electrical needs of the new building. • Branch Communications Cell Tower — 9300 Geyer Springs Rd: Z-4289-A o Entergy does not object to this proposal. A three phase power line exists on the north side of the property and single phase power lines exist on the east and west side of the property. Care should be used in erecting the tower so that proper clearances are maintained from the energized power lines. Contact Entergy in advance regarding future service requirements and additional facilities location(s) as this project proceeds. Sophisticated Urban Clothing — 4215 Asher Ave: Z-4537-C o Entergy does not object to the conditional use permit whereby the applicant is requesting to use the existing building for retail clothing sales. The building is already supplied with electric service. The customer should contact Entergy in advance if changes in the electrical service requirements to the building are required. If you need further assistance you may call me at 501-954-5158 or e-mail me at bneumei@entergy.com. Sincerely, Bernard Neumeier Region Engineering Supervisor Entergy Arkansas, Inc. To: Dana Carney From: Captain Tony Rhodes / Captain John Hogue: Fire Marshal Comment for the following Locations: Z-4537-C Maintain Access: Fire Hydrants. Date: June 1,2015 Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101— C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshals Office (Capt. Tony Rhodes 501-918-3757). Number and Distribution of Fire Hydrants as per Table C105.1. 7-R S7n-c No Comments Z-1465-E Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Z-4285-C Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. Loading Maintain fire apparatus access road design as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. Dead Ends. Maintain fire apparatus access roads at dead end locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with Table D103.4. Requirements for Dead-end fire apparatus access roads. Gates Maintain fire apparatus access road gates as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: 1. Minimum gate width shall be 20 feet. 2. Gates shall be of swinging or sliding type. . 3. Construction of gates shall be of material that allow manual operation by one person. 4. Gate components shall be maintained in an operable condition at all times and replaces or repaired when defective. 5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. 6. Manual opening gates shall not be locked with a padlock or chain and padlock unless they are capable of being opened by means of forcible entry tools or when a key box containing the keys to the lock is installed at the gate location. 7. Locking device specifications shall be submitted for approval \by the fire code official 8. Electric gate operators, where provided, shall be listed in accordance with UL 325. 9. Gates, intended for automatic operation shall be designed, constructed and installed to comply with requirements of ASTM F 2200. Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101— C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshals Office (Capt. Tony Rhodes 501-918-3757). Number and Distribution of Fire Hydrants as per Table C105.1. Z-4289-A No Comments Regards, Captain Rhodes and Captain Hogue Office: 918-3710 Carney, Dana From: James, Donna Sent: Friday, May 29, 2015 9:28 AM To: Carney, Dana Subject: FW: County Comments Z-8570-C Verizon Wireless From: Jim Cranor [mailto:jcranor@pulaskicounty.net] Sent: Friday, May 29, 2015 9:06 AM To: James, Donna Cc: Van McClendon Subject: County Comments Z-8570-C Verizon Wireless Donna, County Planning has no comments on Z-8570-C. Thanks Jim Jim Cranor Plans Review Coordinator Pulaski County Planning and Development 3200 Brown Street Little Rock, AR 72204 501-340-8265 NAME PLANNING COMMISSION REVIEW CENTRAL ARKANSAS WATER 02 July 2015 TYPE ISSUE COMMENTS VERISON WIRELESS Z-8570-C NO OBJECTION 1 NAME TYPE ISSUE COMMENTS NULIFE CHRISTIAN Z-1465-E All Central Arkansas Water requirements in FELLOWSHIP CHURCH effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water regarding the size and location of the water meter. The facilities on -site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water's material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line Agreement is required. Fire sprinkler systems which do not contain additives such as antifreeze shall be isolated with a double detector check valve assembly. If additives are used, a reduced pressure zone backfiow preventer shall be required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. NAME TYPE ISSUE COMMENTS CATHOLIC HIGH SCHOOL Z-4285-C All Central Arkansas Water requirements in ATHLETIC FIELD HOUSE effect at the time of request for water service must be met. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water regarding the size and location of the water meter. The facilities on -site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water's material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line Agreement is required. Fire sprinkler systems which do not contain additives such as antifreeze shall be isolated with a double detector check valve assembly. If additives are used, a reduced pressure zone backflow preventer shall be required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. BRANCH COMMUNICATIONS Z-4289-A NO OBJECTION CELLULAR TOWER SOPHISTICATED URBAN Z-4537-C All Central Arkansas Water requirements in CLOTHING effect at the time of request for water service must be met. 3 Public Works Review Comments Planning Commission Agenda Date: 7-2-15 Z File Number LA-0064 Mabelvale Pike Timber Harvest Variance letter grading Board of Adjustment Mabelvale Pike and Baseline Rd 1 Harvest activities must comply with state and federal forestry harvest techniques and code. Damage to offsite property must be repaired by the applicant in a timely manner. 2 Tree tops and debris generated from the harvest activity must be removed at the conclusion of harvest to reduce the potential fire hazard. Contact the Little Rock Fire Department for conditions and additional requirements. 3 Vegetation must be established on disturbed area within 21 days of completion of harvest activities. 4 A grading permit in accordance with section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. 5 The harvest activities shall be expeditously completed in a time frame not to exceed one (1) year in duration from the time work commences to installation of all final erosion control measures and vegetation. 6 A permanent vegetative cover of suitable perennial grass shall be established over the major disturbed areas. 7 All erosion and stabilization controls, including permanent vegetation are to be maintained by the responsible party for a period of 2 years following completion of site work. 8 Maintenance for the 2 year period shall be guaranteed through posting of cash, of credit as referenced in Sec. 31-431(2) at the time of final inspection of the activities. surety bond or harvest and 9 All required federal, state, and local permits and approvals shall be obtained prior to commencement of land alteration activities. 10 Public works staff must be contacted for inspection for final approval of site stabilization prior to acceptance and relinquishment of maintenance bond. 11 Erosion controls must be installed to reduce discharge of polluted stormwater. 12 Per Sec. 29-187(e)(2), a forestry management plan was prepared stating a selective harvest will be conducted. The plan should include the following:total # of trees per species to be harvested and # of trees per species per acre to be harvested. 13 Per Sec. 29-179(5), undisturbed areas designated for temporary buffers shall be kept undisturbed except for reasonable access to the site. The width of the temporary buffer strip shall be 6% of the lot width and depth. The minimum width shall be 50 ft where the property is adjacent to other properties. The maximum required width shall not exceed 100 ft. In no event shall these temporary strips be less than the width of the permanent buffers required for the development. Label and delineate undisturbed buffer areas on harvest plan. Friday, June 05, 2015 Page 1 of 3 Z File Number Z-1465-E NuLife Christian Fellowship Church 4601 S. University Ave. 1 Show the floodplain and/or floodway delineations on the survey. materials 2 It appears a substantial area of the site lies within the regulated floodway and/or floodplain of Fourche Creek and Rock Creek. No future construction of any structures, improvements to the interior of the structures over 50% of the market value of the structure, parking areas, or placement of fill are allowed in the floodway. Additions or improvements to the interior of structures in the floodplain of 50% or more of the market value of a structure must comply with the CLR floodplain regulations. Z File Number Z-4285-C Catholic High School Athletic Fieldhouse 6300 Father Tribou Drive 1 At time of construction, University Ave. is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. Confirm right-of-way has been dedicated with construction of football field. 2 At time of construction, due to the proposed use of the property, the Master Street Plan specifies that Father Tribou Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. Confirm that right-of-way has been dedicated with construction of the football field. 3 At time of construction, a 20 feet radial dedication of right-of-way is required at the intersection of University Ave. and Father Tribou St. Confirm the right-of-way has been dedicated with the construction of the football field. 4 Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 5 Storm water detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 6 A grading permit in accordance with section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. Is a variance requested to begin grading and earthwork without construction being imminent. 7 Retaining walls designed to exceed 15 ft in height are required to seek a variance for construction. Provide proposed wall elevations. This applies if the retaining wall is not a part of the proposed foundation wall of the facility. 8 Prior to construction of retaining walls, a engineer's certification of design and plans must be submitted to Public Works for approval. After construction, an as -built certification is required for construction of the retaining wall. This applies if the retaining wall is not a part of the proposed foundation wall of the facility. Z File Number Z-4289-A Branch Communication Cellular Tower 9300 Geyer Springs Rd 1 Geyer Springs Rd is classified on the Master Street Plan as a minor arterial. A dedication of right-of- way 45 feet from centerline will be required. 2 A special Grading Permit for Flood Hazard Areas will be required per Sec. 8-283 prior to construction. Friday, June 05, 2015 Page 2 of 3 3 A grading permit in accordance with section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 4 The proposed site appears to be within the 100 year floodplain. The minimum Finish Floor elevation for any improvements of 274 i t or higher is required to be shown on plat and grading plans. 5 In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25 foot wide drainage and access easement is required adjacent to the floodway boundary. Z File Number Z-4537-C Sophisticated Urban Clothing 4215 Asher Ave. 1 The property appears to be adjacent to the Joshua Street right-of-way. 2 Due to the proposed use of the property, the Master Street Plan specifies that Joshua Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 3 A 20 feet radial dedication of right-of-way is required at the intersection of Asher Ave and Joshua St. 4 Asher Ave. is classified on the Master Street Plan as a principal arterial with special design standards. Dedication of right-of-way to 45 feet from centerline will be required. 5 Based on the effective 2001 FIRMs, the only a portion of the structure is within the 100 year floodplain. On the proposed 2015 FIRMs to be adopted on July 7, 2015, the entire structure is within the 100 year floodplain. 6 The site lies within the 100 year floodplain of Fourche Creek. No future construction of any structures including improvements to the interior of the structures over 50% of the appraised market value of the structure is allowed without the structure being floodproofed or the finished floor elevation raised to the elevation of at least 1 ft above the base flood elevation. 7 Provide the proposed parking lot striping. Z File Number Z-8570-C Verizon Wireless Tower - add 15 ft 20001 Kanis Rd 1 Kanis Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2 All driveways shall be concrete aprons per City Ordinance. Friday, June 05, 2015 Page 3 of 3