HomeMy WebLinkAbout185031 0 ORDINANCE NO. 18,503
2
3 AN ORDINANCE GRANTING A WAIVER OF THE
4 REQUIREMENT TO COMPLY AT THIS TIME WITH
5 LANDSCAPE REQUIREMENTS FOR A WIRELESS
6 COMMUNICATION FACILITY LOCATED AT 801 TOWN
7 OAKS DRIVE; TO SET CERTAIN CONDITIONS FOR THIS
8 SITE; DECLARING AN EMERGENCY; AND FOR OTHER
9 PURPOSES.
10
11 WHEREAS, the Board of Directors passed certain standards for landscaping and buffering
12 of wireless communication facilities ( "WCF ") in Little Rock, Ark., Ordinance No. 18,173
13 (December 20, 1999), as may be amended ( "LRO 18,173 ") which were to apply to all future
14 applications for WCF permits, and
15 WHEREAS, Section 2(c)(6) included a requirement that WCFs in existence on the date of
16 LRO 18,173, but not in compliance with the provisions of the ordinance, were required to come into
17 compliance within a two (2) year period of time unless the Board granted a waiver or deferral of the
18 various provisions, and
19 WHEREAS, SBA, as purchaser of towers constructed by Telecorp, has applied for a waiver
20 of only the landscaping requirements on all four sides of the tower on which it desires to collocate its
21 facilities and which was in existence on December 20, 1999, and
22 WHEREAS, City staff recommends against the landscape waiver on all four sides of the site
23 because the site is visible from the north, east and west of the site, although staff does support the
24 waiver for the south and east sides; and
25 WHEREAS, as set forth below the Board believes the request is appropriate under the
26 current circumstances.
27 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE
28 CITY OF LITTLE ROCK, ARKANSAS:
29 Section 1. The following WCF permit is granted a waiver of the strict compliance with the
30 landscaping provisions of LRO 18,183 as follows:
31 (a) 801 Town Oaks Drive (Z- 6551 -C).
32
33 Because this site is zoned C -3 commercial and it is surrounded by
34 property zoned C -3 consisting of commercial uses to the south, east
35 and west, and because the abutting C -3 property to the north is
36 vacant, allowing for clear views of the site from the apartments across
37 Treasure Hill Road, and because the applicant will install a screening
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arounwe entire site, the following waiver ftowict compliance with
LRO 18,173 under the current circumstances is granted.
(1) Landscape requirements on the south and east sides
of the site are waived.
For these reasons, strict compliance with LRO 187,173 is
waived until such time as a major change in circumstances
makes it necessary to impose landscaping requirements in order
to meet the goals set forth in the ordinance.
Section 2. Findings.
(A) The Board declares that the general landscaping and screening provisions of LRO 18,173
should be met whenever possible, particularly in residential areas, but that strict compliance for WCF
tower permits granted prior to the effective date LRO 18,173 is not always appropriate under existing
circumstances. For example, it may not be possible to purchase or lease additional property around the
existing WCF site to meet the landscape and buffer requirements. Or, while the applicant is willing to
fulfill the City's stated preference of tower collocation, it is unable to do so and meet landscaping
requirements because a particular WCF tower is located in an area that, regardless of its zoning
classification, is really commercial or industrial in nature, and not only would landscaping be of minimal
value, it might in fact draw attention to the tower location and invite theft, vandalism, and be in
22 derogation of the goals and purposes ofLRO 18,173.
23 (B) Under such circumstances, and others not set forth herein, it is appropriate to grant
24 waivers from the strict requirements of LRO 18,173, provided that if in the future a major change in
25 circumstances occurs, the City may modify the waivers granted to any subsection of this ordinance in
26 accordance with Subsection (C) below.
27 (C) For purposes ofthis ordinance, "a major change in circumstance" means that the area
28 within 200 feet of the boundaries of the WCF tower site has developed to the point that there is a virtually
29 unobstructed view of the tower from any adjoining residences located in an area zoned R -1, R -2, or R-3,
30 and
31 (1) (a) The City has received a complaint from the owner of
32 such a residence located within 200 feet of the tower site
33 that the site has no landscaping or screening in place;
34 and
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36 (b) The City has requested that the parties resolve the issue
37 by agreeing to certain screening or landscaping
38 requirements consistent with LRO 18,173, which can be
[Page 2 of 4)
ranted administratively by the Directoolanning and
2 Development, but no agreement has been reached.
3 Once a year, for any matters impacted by this provision, the Board will receive a report
4 from the Department of Planning and Development, to be made a part of the Board
5 records on file with the City Clerk, which identifies the tower sites that have previously
6 received waivers but, pursuant to this provision or any similar applicable provisions, has
7 been the subject of modifications. In addition, these modifications shall be noted on the
8 City's geographic information system map; OR
9 (2) The tower site permittee has leased sufficient additional space to
10 meet the landscaping setback, setback and screening requirements or
11 LRO 18,173, subject to any right of review set forth in that ordinance, as
12 may be amended.
13 (D) Pursuant to the provisions of subsection (C) above, before any modification of a waiver is
14 required, the City shall demonstrate that a major change in circumstances from the date of the original
15 permit grant, or from the date of any waiver or deferral, has occurred.
16 Section 3. Severability. In the event any section, subsection, subdivision, paragraph, item,
17 sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or
18 unconstitutional, such declaration or adjudication shall not affect the remaining portions of the ordinance
19 which shall remain in full force and effect as if the portion so declared or adjudged invalid or
20 unconstitutional was not originally a part of the ordinance.
21 Section4. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent
22 with the provisions ofthis ordinance are hereby repealed b the extent of such inconsistency.
23 Section 5. Emergency. The City appreciate the fact that the federal government has taken steps
24 to encourage the advancement oftelecommunications technology, and understands that it is incumbent
25 upon the City to encourage additional carriers to enter into the telecommunications field and to be able to
26 have some certainty about the requirements and conditions for tower permits within the City. Such
27 development is essential to protect the public health, safety and welfare. An emergency is, therefore,
28 declared to exist, and this ordinance shall be in full force and effect from and after the date of its passage.
29
30 PASSED: June 5, 2001
31 ATTEST:
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34 Nancy Woo , City Clerk
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1 APPR VED AS Tp LEG *ORM:
2 IVIM
3 Thomas M. Carpent r, City lotomcy
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[Page 4 of 41
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