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ORDINANCE NO. 18.471
AN ORDINANCE GRANTING SPRINT PCS A PARTIAL WAIVER OF THE
REQUIREMENTS TO COMPLY AT THIS TIME WITH LANDSCAPE AND
SCREENING PROVISIONS OF LITTLE ROCK, ARK. ORDINANCE NO.
18,173 (DECEMBER 20, 1999) ON A SITE WHERE SPRINT PCS WILL
CONSTRUCT A TOWER AT 809 SOUTH BOWMAN ROAD; TO SET
CERTAIN CONDITIONS FOR THIS SITE; AND FOR OTHER PURPOSES.
WHEREAS, the Board of Directors passed certain standards for landscaping and buffering
of wireless communication facilities (the "WCF ") in Little Rock, Ark., Ordinance No. 18,173
(December 20, 1999), as may be amended ( "LRO 18,173 "), which were to apply to all future
applications for WCF permits, and
WHEREAS, Sprint PCS has applied for a waiver for a site at which it desires to construct a
tower and place its facilities there because an existing tower located 300 feet to the northeast of this
site cannot accommodate another WCF installation, and
WHEREAS, as set forth below, the Board believes the waiver is appropriate for this site
under the current circumstances.
19 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE
20 CITY OF LITTLE ROCK, ARKANSAS:
21 Section 1. The following WCF permit is granted a waiver from strict compliance with
22 the landscaping and screening requirements of LRO 18,173 for only the west side of the site as
23 follows
24 (1) 809 South Bowman Road. The WCF tower to be constructed at this
25 location is within a C -3 General Commercial zone and is surrounded by properties
26 zoned C -3 , POD, PCD and R -2 Single Family Residential. Although the site is
27 bounded on only the south side by R -2 single family residential zoning, Sprint PCS
28 has asked for a waiver of the landscape requirement only on the west side of the site
29 and under the current circumstances a waiver from the strict compliance with LRO
30 18, 173 is granted.
31 Section 2. For these reasons, strict compliance with LRO 18,173 is waived for only the west
32 side of the site until such time as a major change in circumstances make it necessary to impose
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1 landscaping and /or screening requirements around the perimeter of the site in order to meet the
2 goals set forth in this ordinance.
3 Section 3. Findings.
4 (A) The Board declares that the general landscaping and screening provisions of LRO 18,173
5 should be met whenever possible, particularly in residential areas, but that strict compliance for
6 WCF tower permits granted prior to the effective date LRO 18,173 is not always appropriate under
7 existing circumstances. For example, it may not be possible to purchase or lease additional property
8 around the existing WCF site to meet the landscape and buffer requirements. Or, while the
9 applicant is willing to fulfill the City's stated preference of tower collocation, it is unable to do so and
10 meet landscaping requirements because a particular WCF tower is located in an area that, regardless
11 of its zoning classification, is really commercial or industrial in nature, and not only would
12 landscaping be of minimal value, it might in fact draw attention to the tower location and invite
13 theft, vandalism, and be in derogation of the goals and purposes of LRO 18,173.
14 (B) Under such circumstances, and others not set forth herein, it is appropriate to grant a
15 waiver from the strict requirements of LRO 18,173, provided that if in the future a major change in
16 circumstances occurs, the City may modify the waivers granted herein in accordance with
17 Subsection (C) below.
18 (C) For purposes of this ordinance, "a major change in circumstance" means that the
19 area within 200 feet of the boundaries of the WCF tower site has developed to the point that there is
20 a virtually unobstructed view of the tower from any adjoining residences located in an area zoned R-
21 1, R -2, or R -3; AND
22 (1) (a) The City has received a complaint
23 from the owner of such a residence located
24 within 200 feet of the tower site that the site
25 has no landscaping or screening in place; and
26 (b) The City has requested that the parties
27 resolve the issue by agreeing to certain
28 screening or landscaping requirements
29 consistent with LRO 18,173, which can be
30 granted administratively by the Director of
31 Planning and Development, but no agreement
32 has been reached; or
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1 (2) The tower site permittee has leased sufficient
2 additional space to meet the landscaping setback, setback and
3 screening requirements or LRO 18,173, subject to any right of
4 review set forth in that ordinance, as may be amended.
5 (D) Once a year, for any matters impacted by this provision, the Board will receive a
6 report from the Department of Planning and Development, to be made a part of the Board records
7 on file with the City Clerk, which identifies the tower sites that have previously received waivers but,
8 pursuant to this provision or any similar applicable provisions, has been the subject of modification.
9 In addition, these modifications shall be noted on the City's geographic information system map.
10 (E) Pursuant to the provisions of subsection (C) above, before any modification of a
11 waiver is required, the City shall demonstrate that a major change in circumstances from the date of
12 the original permit grant, or from the date of any waiver or deferral, has occurred.
13 Section 3. Severability. In the event any section, subsection, subdivision, paragraph, item,
14 sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or
15 unconstitutional, such declaration or adjudication shall not affect the remaining portions of the
16 ordinance which shall remain in full force and effect as if the portion so declared or adjudged invalid
17 or unconstitutional was not originally a part of the ordinance.
18 Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same, that are
19 inconsistent with the provisions of this ordinance are hereby repealed to the extent of such
20 inconsistency.
21 PASSED: May 1, 2WI
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23 ATTEST: APPROVED:
24 M
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26 Na cy Woo , City Clerk Jim ailey, Mayor
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29 APPROVED AS TO LEGAL FORM:
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32 Thomas M. Carpenter, City Attorney
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