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Home My WebLink About18489I ORDINANCE NO. 19,4RQ 2 3 AN ORDINANCE GRANTING SOUTHWESTERN BELL 4 WIRELESS A WAIVER OF THE REQUIREMENTS TO COMPLY 5 AT THIS TIME WITH CERTAIN LANDSCAPING AND 6 SCREENING REQUIREMENTS FOR A WIRELESS 7 COMMUNICATION FACILITY LOCATED AT 13301 8 STAGECOACH ROAD; TO SET CERTAIN CONDITIONS FOR 9 THIS SITE; TO DECLARE AN EMERGENCY; AND FOROTHER to PURPOSES. tt 12 WHEREAS, the Board of Directors passed certain standards for landscaping and buffering of 13 wireless communication facilities ( "WCF ") in Little Rock, Ark. Ordinance No. 18,173 (December 20, 14 1999), as may be amended ( "LRO 18,173 ") which were to apply to all future applications for WCF 15 permits, and 16 WHEREAS, Section 2(c)(6) included a requirement that WCFs in existence on the date of LRO 17 18,173, but not in compliance with the provisions of the ordinance, were required to come into 18 compliance within a two (2) year period of time unless the Board granted a waiver or deferral of the 19 various provisions, and 20 WHEREAS, Southwestern Bell Wireless has been granted a TUP by the Planning Commission to 21 erect a new 150 foot tower and has applied for a waiver of the new landscaping and screening 22 requirements for the WCF location at the intersection of Stagecoach Road and Otter Creek Road, and 23 WHEREAS, as set forth below the Board believes the requests is appropriate under the current 24 circumstances. 25 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE 26 CITY OF LITTLE ROCK, ARKANSAS: 27 Section 1. The following WCF permit is granted a waiver of the strict compliance with the 28 landscaping and screening provisions of LRO 18,173 as follows: 29 (a) 10301 Stagecoach Road (Z-6989). 30 31 Because this site is located within the floodway, and the surrounding 32 property, although it is zoned 0-3 and C -3 to the southwest, and R -2 33 zoning to the northeast and directly south, which are unlikely to develop 34 because of the proximity within the floodway and the floodplain, the 35 following waiver from strict compliance with LRO 18,173 under the 36 current circumstances is granted. 37 38 1 0) Landscaping and screening require *ts on all four 2 sides of the site arc waived. 3 4 For these reasons, strict compliance with LRO 18,173 is 5 waived until such time as a major change in 6 circumstances makes it necessary to impose the 7 landscaping and screening requirements in order to meet g the goals set forth in this ordinance. 9 10 Section 2. Findings. I1 (A) The Board declares that the general landscaping and screening provisions of LRO 18,173 12 should be met whenever possible, particularly in residential areas, but that strict compliance for WCF 13 tower permits granted prior to the effective date LRO 18,173 is not always appropriate under existing 14 circumstances. For example, it may not be possible to purchase or lease additional property around the 15 existing WCF site to meet the landscape and buffer requirements. Or, while the applicant is willing to 16 fulfill the City's stated preference of tower collocation, it is unable to do so and meet landscaping 17 requirements because a particular WCF tower is located in an area that, regardless of its zoning 18 classification, is really commercial or industrial in nature, and not only would landscaping be of minimal 19 value, it might in fact draw attention to the tower location and invite theft, vandalism, and be in 20 derogation of the goals and purposes of LRO 18,173. 21 (B) Under such circumstances, and others not set forth herein, it is appropriate to grant 22 waivers from the strict requirements of LRO 18,173, provided that if in the future a major change in 23 circumstances occurs, the City may modify the waivers granted to any subsection of this ordinance in 24 accordance with Subsection (C) below. 25 (C) For purposes of this ordinance, "a major change in circumstance" means that the area 26 within 200 feet of the boundaries of the WCF tower site has developed to the point that there is a virtually 27 unobstructed view of the tower from any adjoining residences located in an area zoned R -1, R -2, or R -3, 28 and 29 (1) (a) The City has received a complaint from the owner of 30 such a residence located within 200 feet of the tower site 31 that the site has no landscaping or screening in place, and 32 33 (b) The City has requested that the parties resolve the issue 34 by agreeing to certain screening or landscaping 35 requirements consistent with LRO 18,173, which can be 36 granted administratively by the Director of Planning and 37 Development, but no agreement has been reached. [Page 2 of 3) I Once a year, any matters impacted by this provisiooe Board will receive a report 2 from the Department of Planning and Development, to be made a part of the Board 3 records on file with the City Clerk, which identifies the tower sites that have previously 4 received waivers but, pursuant to this provision or any similar applicable provisions, has 5 been the subject of modifications. In addition, these modifications shall be noted on the 6 City's geographic information system map; OR 7 (2) The tower site permittee has leased sufficient additional space to 8 meet the landscaping setback, setback and screening requirements or 9 LRO 18,173, subject to any right of review set forth in that ordinance, as 10 may be amended. 11 (D) Pursuant to the provisions of subsection (C) above, before any modification of a waiver is 12 required, the City shall demonstrate that a major change in circumstances from the date of the original 13 permit grant, or from the date of any waiver or deferral, has occurred. 14 Section 3. Severability. In the event any section, subsection, subdivision, paragraph, item, 15 sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or 16 unconstitutional, such declaration or adjudication shall not affect the remaining portions of the ordinance 17 which shall remain in full force and effect as if the portion so declared or adjudged invalid or 18 unconstitutional was not originally a part of the ordinance. 19 Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent 20 with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. 21 Section 5. Emergency. The City appreciate the fact that the federal government has taken steps to 22 encourage the advancement of telecommunications technology, and understands that it is incumbent upon 23 the City to encourage additional carriers to enter into the telecommunications field and to be able to have 24 some certainty about the requirements and conditions for tower permits within the City. Such 25 development is essential to protect the public health, safety and welfare. An emergency is, therefore, 26 declared to exist, and this ordinance shall be in full force and effect from and after the date of its passage. 27 PASSED. Jurie 5, 2WL v 28 ATTEST: APPROVED: 29 914W [jl 31 Nincy Wo , City Clerk Jim Da Q#, #, Mayor ' 32 33 APPROVED AS TO LEGAL FORM: 34„__ 35 Thomas M. Carpenter, City A orney [Page 3 of 31 R2 M RZ R2 O E3 R2 . R2 F7// 2 lvF18 cl cl OTTER CREEK CT ct, Ft2 cl cl c FZ2 ci 7--r' 'c? Cpg-, R2 R2 . pkwy, V cu C2 C2 W24 C2 R2 MF24 PDC C3 os PDC C3 F72 0 SITE F72 W24 PDC < C3:c 0 C3 Os , OTTER CREEK ROAD 0 i ra C2 C2 w C3 Fa C2 r 0 C3 FZ2 lki FZ2 R2 � Fa %) F?2 Fi8 cl FZ2 Area Zoning Case #716989 10,301 Stagecoach Road Cp. 42.09 TR&. TISR13W5 PD. 16 Wars: 7 N 0 200 400 Feet EETEM� Itemif I TR515-15W5 CT 42.08 F'L) 16 WARD 7 235.00' "F'ropoocti Cellular .1501 Monopole wl Equipment Shelter Gravel \-Arphalt Faving d) C/7 c7c/ (Nigh"" TOWER U5E PERMIT Z-69b9 10,301 5t;g0cc0,qch Road