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I &INANCE NO.
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3 AN ORDINANCE TO GRANT CRICKET
4 COMMUNICATIONS A WAIVER OF THE
5 REQUIREMENTS TO COMPLY AT THIS TIME WITH
6 CERTAIN LANDSCAPE AND SCREENING
7 PROVISIONS OF LITTLE ROCK, ARK. ORDINANCE
8 NO. 18,178 (DECEMBER 20,1999) FOR FIVE WIRELESS
9 COMMUNICATION TOWERS IN EXISTENCE ON THE
10 DATE OF THE ORDINANCE; TO SET CERTAIN
11 CONDITIONS FOR THESE FIVE SITES; TO DECLARE
12 AN EMERGENCY; AND FOR OTHER PURPOSES.-
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14 WHEREAS, the Board of Directors passed certain standards for landscaping and
15 buffering of wireless communication facilities (the "WCF ") in Little Rock, Ark., Ordinance
16 No. 18,173 (December 20, 199), as may be amended ( "LRO 18,173 "), which were to apply
17 to all future applications for WCF permits, and
18 WHEREAS, Section 2(c)(6) included a requirement that WCFs in existence on the
19 date of the ordinance, but not in compliance with the provisions of the ordinance, were
20 required to come into compliance within a two year period of time unless the Board granted
21 a waiver, or a deferral, of the various provisions, and
22 WHEREAS, Cricket Communications has applied for waivers of five sites it desires
23 to co- locate its facilities on towers which were in existence when LRO 18,173 was passed,
24 and
25 WHEREAS, as set forth below, the Board believes the requests are appropriate under
26 the current circumstances.
27 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
28 OF THE CITY OF LITTLE ROCK, ARKANSAS:
1 SECTION 1. &he following WCF permits aWanted waivers of strict
2 compliance with the landscaping or screening and buffering provisions, or both as set forth
3 below, of LRO 18,173, as follows:
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(A) 8352 Cantrell Road. Because this site is within Reservoir Park and the
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current TeleCorp WCF tower on which Cricket intends to co- locate is located
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deep in the park with natural vegetation surrounding it on three sides, the
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following waiver from strict compliance with LRO 18,173, under the current
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circumstances, is granted:
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(1) Landscaping requirements on all four sides of the structure are
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waived.
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This waiver is permitted because the current circumstances are that the site is
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within the Jackson Reservoir Municipal Water Works site, within Reservoir
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Park, and it is within a heavily wooded area not bounded or proximate to
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residential uses. For these reasons, strict compliance with LRO 18,173 is
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waived until such time as a major change in circumstances make it necessary
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to impose landscaping or screening requirements in order to meet the goals set
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forth in the ordinance.
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(B) No. 3 Trigon Place. Because the WCF tower at this location is within
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an area zoned I -2, Light Industrial, and is located in the parking lot next to an
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office building, the following waiver from strict compliance with LRO 18,173,
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under the current circumstances, is granted:
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(1) Landscaping requirements on all four sides of the structure are
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waived.
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For this reason, strict compliance with LRO 18,173 is waived until such time
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as a major change in circumstances make it necessary to impose landscaping
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or screening requirements in order to meet the goals set forth in the ordinance.
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I (C) 3314Iabelvale Pike. Because the V& tower at this location is
2 zoned I -2, Light Industrial and is surrounded by industrial and commercial
3 uses, the following waiver from strict compliance with LRO 18,173, under the
4 current circumstances, is granted:
5 (1) Landscaping requirements on all four sides of the structure are
6 waived.
7 For this reason, strict compliance with LRO 18,173 is waived until such time
8 as a major change in circumstances make it necessary to impose landscaping
9 requirements in order to meet the goals set forth in the ordinance.
10 (D) 4021 West 8th Street. Because the current 300 -foot lattice -style tower
11 located on this property is within a parking lot of the Snyder Building
12 surrounded by a commercial building, driveway and parking area and zoned
13 PCD, Planned Commercial Development, the following waiver from strict
14 compliance with LRO 18,173 under the current circumstances is granted:
15 (1) Landscaping requirements on all four sides of the structure are
16 waived.
17 For these reasons, strict compliance with LRO 18,I73 is waived until such
18 time as a major change in circumstances make it necessary to impose
19 landscaping requirements in order to meet the goals set forth in the ordinance.
20 (E) 724 Chester Street. Because this WCF tower is currently located in
21 property zoned I -2, Light Industrial, and is surrounded by industrial zoning
22 containing a mixture of commercial and industrial uses, waivers from strict
23 compliance with LRO 18,173, under the current circumstances, are granted.
24 (1) Landscaping requirements on all four sides of the WCF tower
25 site are waived;
26 (2) Screening requirements on all four sides of the WCF tower site
27 are waived;
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1 (3) IDetback variances for the rear and I& yard to accommodate the
2 additional equipment being placed on this co- located facility. The rear
3 setback (west) is varied from 25 feet to 3 feet; the side setback (north)
4 is varied from 15 feet to 6.29 feet.
5 For these reasons, strict compliance with LRO 18,173 is waived until such
6 time as a major change in circumstances make it necessary to impose
7 landscaping or screening requirements in order to meet the goals set forth in
8 this ordinance. Variances are granted for the rear and side setbacks to
9 accommodate the additional ground equipment to be placed on the site.
10 Section 1. Findings.
11 (A) The Board declares that the general landscaping and screening provisions of LRO
12 18,173 should be met whenever possible, particularly in residential areas, but that strict
13 compliance for WCF tower permits granted prior to the effective date LRO 18,173 is not
14 always appropriate under existing circumstances. For example, it may not be possible to
15 purchase or lease additional property around the existing WCF site to meet the landscape and
16 buffer requirements. Or, while the applicant is willing to fulfill the City's stated preference
17 of tower collocation, it is unable to do so and meet landscaping requirements because a
18 particular WCF tower is located in an area that, regardless of its zoning classification, is
19 really commercial or industrial in nature, and not only would landscaping be of minimal
20 value, it might in fact draw attention to the tower location and invite theft, vandalism, and
21 be in derogation of the goals and purposes of LRO 18,173.
22 (B) Under such circumstances, and others not set forth herein, it is appropriate to
23 grant waivers from the strict requirements of LRO 18,173, provided that if in the future a
24 major change in circumstances occurs, the City may modify the waivers granted to any
25 subsection of this ordinance in accordance with Subsection (C) below.
26 (C) For purposes of this ordinance, "a major change in circumstance" means that
27 the area within 200 feet of the boundaries of the WCF tower site has developed to the point
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I that there is a virtually unoructed view of the tower from anojoining residences located i1
2 in an area zoned R -1, R -2, or R -3, and
3 (1) (a) The City has received a complaint from the owner
4 of such a residence located within 200 feet of the
5 tower site that the site has no landscaping or
6 screening in place; and
7 (b) The City has requested that the parties resolve the
8 issue by agreeing to certain screening or
9 landscaping requirements consistent with LRO
10 18,173, which can be granted administratively by
11 the Director of Planning and Development, but no
12 agreement has been reached.
13 Once a year, for any matters impacted by this provision, the Board will receive a report from
14 the Department of Planning and Development, to be made a part of the Board records on file
I5 with the City Clerk, which identifies the tower sites that have previously received waivers
16 but, pursuant to this provision or any similar applicable provisions, has been the subject of
17 modifications. In addition, these modifications shall be noted on the City's geographic
18 information system map; OR
19 (2) The tower site permittee has leased sufficient additional space to meet the
20 landscaping setback, setback and screening requirements or LRO 18,173, subject to any right
21 of review set forth in that ordinance, as may be amended.
22 (D) Pursuant to the provisions of subsection (C) above, before any modification of
23 a waiver is required, the City shall demonstrate that a major change in circumstances from
24 the date of the original permit grant, or from the date of any waiver or deferral, has occurred.
25 Section 3. Severability. In the event any section, subsection, subdivision, paragraph,
26 item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid
27 or unconstitutional, such declaration or adjudication shall not affect the remaining portions
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I of the ordinance which saremain in full force and effect a0the portion so declared or
2 adjudged invalid or unconstitutional was not originally a part of the ordinance.
3 Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same, that are
4 inconsistent with the provisions of this ordinance are hereby repealed to the extent of such
5 inconsistency.
6 Section 5. Emergency. The City appreciate the fact that the federal government has
7 taken steps to encourage the advancement of telecommunications technology, and
8 understands that it is incumbent upon the City to encourage additional carriers to enter into
9 the telecommunications field and to be able to have some certainty about the requirements
10 and conditions for tower permits within the City. Such development is essential to protect
I 1 the public health, safety and welfare. An emergency is, therefore, declared to exist, and this
12 ordinance shall be in full force and effect from and after the date of its passage.
13 PASSED: August 15, 2000
14 ATTEST: APPROVED:
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17 Nancy Wood, City Clerk Ji ley, ai Mayor
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19 APPROVED AS TO LEGAL FORM:
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22 Thomas M. Carpenter, City A orney
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