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HomeMy WebLinkAbout182880 0 1 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 TIME WITH THE 6 LANDSCAPE AND SCREENING PROVISIONS OF 7 LITTLE ROCK, ARK., ORDINANCE NO. 18,173 8 (DECEMBER 202 1999) FOR EIGHT WIRELESS 9 COMMUNICATION TOWERS IN EXISTENCE ON 10 THE DATE OF THE ORDINANCE; TO SET CERTAIN I 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 [11 9 • 5-ZI-3 1 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, 5 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 121 131 5:50 I 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. 15 (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. 131 5:50 5� 0 0 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. s (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 59G 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. 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 8 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 [ 5 1 • 5-9 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. n 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 161 • 606 1 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 171 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 • 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*y WVd� City Clerk APPROVED AS TO LEGAL FORM: Thomas M. Carpenter, City Xttorney 181 Ji Dailey, Mayor 601.