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2 ORDINANCE NO. 18,378
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4 AN ORDINANCE GRANTING NEXTEL PARTNERS
5 A WAIVER OF THE REQUIREMENTS TO COMPLY
6 AT THIS TIME WITH LANDSCAPE AND
7 SCREENING PROVISIONS OF LITTLE ROCK, ARK.
8 ORDINANCE NO. 18,173 (DECEMBER 20, 1999) FOR
9 COLLOCATION ON A TELECORP WIRELESS
10 COMMUNICATION TOWER AT 18317 TWO
11 TOWERS ROAD WHICH WAS IN EXISTENCE ON
12 THE DATE OF THE ORDINANCE, AND FOR AN
13 ATTACHMENT TO THE CITY WATER TANK AT
14 18951 CHENAL VALLEY DRIVE; TO SET CERTAIN
15 CONDITIONS FOR THESE SITES; AND FOR OTHER
16 PURPOSES.
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18 WHEREAS, the Board of Directors passed certain standards for landscaping and
19 buffering of wireless communication facilities (the "WCF ") in Little Rock, Ark.,
20 Ordinance No. 18,173 (December 20, 1999), as may be amended ( "LRO 18,173 "),
21 which were to apply to all future applications for WCF permits, and
22 WHEREAS, Section 2(c)(6) included a requirement that WCFs in existence on
23 the date of the ordinance, but not in compliance with the provisions of the ordinance,
24 were required to come into compliance within a two year period of time unless the
25 Board granted a waiver, or a deferral, of the various provisions, and
26 WHEREAS, Nextel Partners has applied for waivers for two sites at which it
27 desires to collocate its facilities, one on a TeleCorp tower which was in existence when
28 LRO 18,173 was passed, and the other on a City water tank tower; and
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1 WHEREAS, as set forth below, the Board believes the waivers are appropriate
2 for these sites under the current circumstances.
3 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
4 DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS:
5 Section 1. The following WCF permit is granted a waiver from strict
6 compliance with the landscaping and screening requirements of LRO 18,173, as follows:
7 (1) 18317 Two Towers Road. Because the WCF tower at this location
9 is zoned O-S, Open Space, and is located at the east end of Two Towers
9 Road on Chenal Mountain within the "antenna farm." Although the site
10 is surrounded by R.2 single family residential zoning to the north and MF-
11 12 multi - family zoning distant to the south, the base of the site is not
12 visible from any of the residential areas and under the current
13 circumstances a waiver from the strict compliance with LRO 18, 173 is
14 granted.
15 (2) 18951 Chenal Valley Drive. This WCF installation will be on the
16 Little Rock Municipal Water Works Tank (Highland Ridge -Intermediate
17 Tank No. 17). There are two other WCF attachments on the tank.
I8 Although the site is surrounded by R•2, single family residential zoning,
19 the base of the installation is not visible from any existing residential uses
20 and it is unlikely that the surrounding area will develop with houses in the
21 near future. Due to Water Works' desire that the equipment building be
22
located as far to the back of the site so as not to interfere with access to the
23 tank, Nextel also seeks a variance to reduce the rear setback from 25 feet
24 to 18 feet.
25 For these reasons, strict compliance with LRO 18,173 is waived until such time
26 as a major change in circumstances make it necessary to impose landscaping and /or
27 screening requirements around the perimeter of the site in order to meet the goals set
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1 forth in this ordinance. Furthermore, a variance is granted from the rear setback line of
2 25 feet to 18 feet.
3 Section 2. Findings.
4 (A) The Board declares that the general landscaping and screening provisions of
5 LRO 18,173 should be met whenever possible, particularly in residential areas, but that
6 strict compliance for WCF tower permits granted prior to the effective date LRO 18,173
7 is not always appropriate under existing circumstances. For example, it may not be
8 possible to purchase or lease additional property around the existing WCF site to meet
9 the landscape and buffer requirements. Or, while the applicant is willing to fulfill the
10 City's stated preference of tower collocation, it is unable to do so and meet landscaping
i i requirements because a particular WCF tower is located in an area that, regardless of its
12 zoning classification, is really commercial or industrial in nature, and not only would
13 landscaping be of minimal value, it might in fact draw attention to the tower location
14 and invite theft, vandalism, and be in derogation of the goals and purposes of LRO
15 18,173.
16 (B) Under such circumstances, and others not set forth herein, it is appropriate
17 to grant a waiver from the strict requirements of LRO 18,173, provided that if in the
18 future a major change in circumstances occurs, the City may modify the waivers granted
19 herein in accordance with Subsection (C) below.
20 (C) For purposes of this ordinance, "a major change in circumstance" means
21 that the area within 200 feet of the boundaries of the WCF tower site has developed to
22 the point that there is a virtually unobstructed view of the tower from any adjoining
23 residences located in an area zoned R -1, R -2, or R -3; AND
24 (1) (a) The City has received a complaint from
25 the owner of such a residence located
26 within 200 feet of the tower site that the
27 site has no landscaping or screening in
28 place; and
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I (b) The City has requested that the parties
2 resolve the issue by agreeing to certain
3 screening or landscaping requirements
4 consistent with LRO 18,173, which can
5 be granted administratively by the
6 Director of Planning and Development,
7 but no agreement has been reached; or
8 (2) The tower site permittee has leased sufficient
9 additional space to meet the landscaping setback,
10 setback and screening requirements or LRO 18,173,
11 subject to any right of review set forth in that
12 ordinance, as may be amended.
13 (D) Once a year, for any matters impacted by this provision, the Board will
14 receive a report from the Department of Planning and Development, to be made a part
t5 of the Board records on file with the City Clerk, which identifies the tower sites that
16 have previously received waivers but, pursuant to this provision or any similar
17 applicable provisions, has been the subject of modification. In addition, these
18 modifications shall be noted on the City's geographic information system map.
19 (E) pursuant to the provisions of subsection (C) above, before any modification
20 of a waiver is required, the City shall demonstrate that a major change in circumstances
21 from the date of the original permit grant, or from the date of any waiver or deferral, has
22 occurred.
23 Section 3. Severabiliy.. In the event any section, subsection, subdivision,
24 paragraph, item, sentence, clause, phrase, or word of this ordinance is declared or
25 adjudged to be invalid or unconstitutional, such declaration or adjudication shall not
26 affect the remaining portions of the ordinance which shall remain in full force and effect
27 as if the portion so declared or adjudged invalid or unconstitutional was not originally
28 a part of the ordinance.
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Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same, that
are inconsistent with the provisions of this ordinance are hereby repealed to the extent
of such inconsistency.
PASSED: October 17, 2000 l
ATTEST:
Nancy Wo, d, City Clerk
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, City Attorney
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Jim ailey, Mayor