HomeMy WebLinkAbout18490I ORDINANCE NO. m49o__ _6
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3 AN ORDINANCE GRANTING SBA A WAIVER OF THE
4 REQUIREMENT TO COMPLY AT THIS TIME WITH
5 LANDSCAPE REQUIREMENTS FOR A WIRELESS
6 COMMUNICATION FACILITY LOCATED AT 708 KIRKROAD;
7 TO SET CERTAIN CONDITIONS FOR THIS SITE; DECLARING
8 AN EMERGENCY; AND FOR OTHER PURPOSES.
9
10 WHEREAS, the Board of Directors passed certain standards for landscaping and buffering of
11 wireless communication facilities ( "WCF ") in Little Rock, Ark., Ordinance No. 18,173 (December 20,
12 1999), as may be amended ( "LRO 18,173 ") which were to apply to all future applications for WCF
13 permits, and
14 WHEREAS, Section 2(c)(6) included a requirement that WCFs in existence on the date of LRO
15 18,173, but not in compliance with the provisions of the ordinance, were required to come into
16 compliance within a two (2) year period of time unless the Board granted a waiver or deferral of the
17 various provisions, and
18 WHEREAS, SBA, as purchaser of towers constructed by Telecorp, has applied for a waiver of
19 only the landscaping requirements on all four sides of the tower on which it desires to collocate its facilities
20 and which was in existence on December 20, 1999, and
21 WHEREAS, as set forth below the Board believes the request is appropriate under the current
22 circumstances.
23 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE
24 CITY OF LITTLE ROCK, ARKANSAS:
25 Section 1. The following WCF permit is granted a waiver of the strict compliance with the
26 landscaping provisions of LRO 18,173 as follows:
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(a) 708 Kirk Road (Z- 6147 -C).
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Because of the remote location of this site and because the property
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surrounding this site consists of vacant tree covered land zoned C -3 to the
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south, 0-2 zoning to the north, east and west, and because the abutting
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0-2 areas consist of the back of a post office building on the west side,
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and the back side of a child care center to the north, and a tree covered
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area and an auto repair garage on the east, and the fact that applicant will
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install a screening fence on all four sides of the site, the following waiver
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from strict compliance with LRO 18,173 under the current circumstances
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is granted.
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(1) Landscape requirements on all four sides of the site
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are waived.
1 • 0
2 For these reasons, strict compliance with LRO 187,173 is
3 waived until such time as a major change in
4 circumstances makes it necessary to impose landscaping
5 requirements in order to meet the goals set forth in the
6 ordinance.
7
8 Section 2. Findings.
9 (A) The Board declares that the general landscaping and screening provisions of LRO 18,173
10 should be met whenever possible, particularly in residential areas, but that strict compliance for WCF
11 tower permits granted prior to the effective date LRO 18,173 is not always appropriate under existing
12 circumstances. For example, it may not be possible to purchase or lease additional property around the
13 existing WCF site to meet the landscape and buffer requirements. Or, while the applicant is willing to
14 fulfill the City's stated preference of tower collocation, it is unable to do so and meet landscaping
15 requirements because a particular WCF tower is located in an area that, regardless of its zoning
16 classification, is really commercial or industrial in nature, and not only would landscapingbe of minimal
17 value, it might in fact draw attention to the tower location and invite theft, vandalism, and be in
18 derogation of the goals and purposes of LRO 18,173.
19 (B) Under such circumstances, and others not set forth herein, it is appropriate to grant
20 waivers from the strict requirements of LRO 18,173, provided that if in the future a major change in
21 circumstances occurs, the City may modify the waivers granted to any subsection of this ordinance in
22 accordance with Subsection (C) below.
23 (C) For purposes of this ordinance, "a major change in circumstance" means that the area
24 within 200 feet of the boundaries of the WCF tower site has developed to the point that there is a virtually
25 unobstructed view of the tower from any adjoining residences located in an area zoned R -1, R -2, or R -3,
26 and
27 (1) (a) The City has received a complaint from the owner of
28 such a residence located within 200 feet of the tower site
29 that the site has no landscaping or screening in place; and
30 (b) The City has requested that the parties resolve the issue
31 by agreeing to certain screening or landscaping
32 requirements consistent with LRO 18,173, which can be
33 granted administratively by the Director of Planning and
34 Development, but no agreement has been reached.
35 Once a year, for any matters impacted by this provision, the Board will receive a report
36 from the Department of Planning and Development, to be made a part of the Board
37 records on file with the City Clerk, which identifies the tower sites that have previously
[Page 2 of 31
I received waive*ut, pursuant to this provision or any sear applicable provisions, has
2 been the subject of modifications. In addition, these modifications shall be noted on the
3 City's geographic information system (GIS) map; OR
4 (2) The tower site permittee has leased sufficient additional space to
5 meet the landscaping setback, setback and screening requirements or
6 LRO 18,173, subject to any right of review set forth in that ordinance, as
7 may be amended.
8 (D) Pursuant to the provisions of subsection (C) above, before any modification of a waiver is
9 required, the City shall demonstrate that a major change in circumstances from the date of the original
10 permit grant, or from the date of any waiver or deferral, has occurred.
11 Section 3. Severability. In the event any section, subsection, subdivision, paragraph, item,
12 sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or
13 unconstitutional, such declaration or adjudication shall not affect the remaining portions of the ordinance
14 which shall remain in full force and effect as if the portion so declared or adjudged invalid or
15 unconstitutional was not originally a part of the ordinance.
16 Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent
17 with the provisions of this ordinance are hereby repealed to the extent of such inconsistency.
t8 Section 5. Emergency. The City appreciate the fact that the federal government has taken
19 steps to encourage the advancement of telecommunications technology, and understands that it is
20 incumbent upon the City to encourage additional carriers to enter into the telecommunications field
21 and to be able to have some certainty about the requirements and conditions for tower permits within
22 the City. Such development is essential to protect the public health, safety and welfare. An
23 emergency is, therefore, declared to exist, and this ordinance shall be in full force and effect from and
24 after the date of its passage.
25 PASSED: Jtme 5, 2001
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27 ATTEST: APPROVED:
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30 N cY Wo , City Clerk Jim iley, Mayor
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32 APPROVED AS TO LEpG�A�L. FORM:
34 4� A-k ✓I
35 Thomas M. Carpenter, City Attorney
[Page 3 of 3]
Area Zoning
Case #716147 -C N
708 IC RK ROAD
Cr: 4206
7RS: T2NR14W36 0 300 800 Feet
PD 19
voinityMap Ward: 5 Item#
40' FROM POLE
TO PROPERTY LINE
40' FROM EQUIPMENT
TO PROPERTY LINE
TRgT2NR14W26
CT 42.06
PD 19
WARD 5
NEW B/ HIG
W /'3 STRAI
BARBED WII
WCF WAIVER
Z- 6147 -C
708 KIRK ROAD NORTH