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Home My WebLink About185134 1 O ORDINANCE NO. 18,513 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 6521 7 LANCASTER ROAD; TO SET CERTAIN CONDITIONS FOR 8 THIS SITE; DECLARING AN EMERGENCY; AND FOR 9 OTHER 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, Crofton Communications, Inc., Sprint Spectrum L.P., has applied for a waiver 16 of the landscaping requirements on all four sides of a new WCF with Support Structure (a monopole 17 150 feet in height with equipment cabinets) it will build on the site, and the screening requirements 18 on the south and east sides of the leased area. 19 WHEREAS, City staff supports the waivers as requested because the site is located on the 20 rear of an asphalt parking Iot behind an automobile repair business and all the surrounding 21 properties are zoned commercial. 22 WHEREAS, as set forth below the Board believes the request is appropriate under the 23 current circumstances. 24 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE 25 CITY OF LITTLE ROCK, ARKANSAS: 26 Section 1. The WCF at 6521 Lancaster Road is granted a waiver of the strict compliance 27 with the landscaping provisions of LRO 18,183 for the following reasons: 28 29 a. This site is zoned C -3 commercial and it is surrounded by property 30 zoned 0-3, C -3 and C -4; 31 32 b. A shrub and tree covered embankment already forms the eastern 33 perimeter of the site; 34 35 C. There is natural vegetation on the north which already provides some 36 screening, 37 38 d. The western perimeter of the leased area is visible from Lancaster I Roarlo the applicant will install a screeniffence on the western 2 and northern perimeters of the site. 3 4 Therefore, the following waivers from strict compliance with LRO 18,173 under the 5 current circumstances is granted. 6 7 (1) Landscape requirements on all four sides of the site. 8 9 (2) Screening fence requirement on the east and south 10 perimeters of the site. 11 12 For these reasons, strict compliance with LRO 187,173 is waived until such 13 time as a major change in circumstances makes it necessary to impose landscaping 14 and screening requirements in order to meet the goals set forth in the ordinance. 15 16 Section 2. Findings. 17 (A) The Board declares that the general landscaping and screening provisions of LRO 18,173 18 should be met whenever possible, particularly in residential areas, but that strict compliance for 19 WCF tower permits granted prior to the effective date LRO 18,173 is not always appropriate under 20 existing circumstances. For example, it may not be possible to purchase or lease additional property 21 around the existing WCF site to meet the landscape and buffer requirements. Or, while the applicant 22 is willing to fulfill the City's stated preference of tower collocation, it is unable to do so and meet 23 landscaping requirements because a particular WCF tower is located in an area that, regardless of its 24 zoning classification, is really commercial or industrial in nature, and not only would landscaping be 25 of minimal value, it might in fact draw attention to the tower location and invite theft, vandalism, 26 and be in derogation of the goals and purposes of LRO 18,173. 27 (B) Under such circumstances, and others not set forth herein, it is appropriate to grant 28 waivers from the strict requirements of LRO 18,173, provided that if in the future a major change in 29 circumstances occurs, the City may modify the waivers granted to any subsection of this ordinance 30 in accordance with Subsection (C) below. 31 (C) For purposes of this ordinance, "a major change in circumstance" means that the 32 area within 200 feet of the boundaries of the WCF tower site has developed to the point that there is 33 a virtually unobstructed view of the tower from any adjoining residences located in an area zoned R- 34 1, R -2, or R -3, and 35 (1) (a) The City has received a complaint from the owner of 36 such a residence located within 200 feet of the tower 37 site that the site has no landscaping or screening in 38 place; and 39 [Page 2 of 21 1 (h) We Ciry has reauested that the vaRTes resolve the 2 issue by agreeing to certain screening or landscaping 3 requirements consistent with LRO 18,173, which can 4 be granted administratively by the Director of 5 Planning and Development, but no agreement has 6 been reached. 7 Once a year, for any matters impacted by this provision, the Board will receive a 8 report from the Department of Planning and Development, to be made a part of the 9 Board records on file with the City Clerk, which identifies the tower sites that have 10 previously received waivers but, pursuant to this provision or any similar applicable 11 provisions, has been the subject of modifications. In addition, these modifications 12 shall be noted on the City's geographic information system map; OR 13 (2) The tower site permittee has leased sufficient additional space 14 to meet the landscaping setback, setback and screening requirements 15 or LRO 18,173, subject to any right of review set forth in that 16 ordinance, as may be amended. 17 (D) Pursuant to the provisions of subsection (C) above, before any modification of a 18 waiver is required, the City shall demonstrate that a major change in circumstances from the date of 19 the original permit grant, or from the date of any waiver or deferral, has occurred. 20 Section 3. Severability. In the event any section, subsection, subdivision, paragraph, item, 21 sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or 22 unconstitutional, such declaration or adjudication shall not affect the remaining portions of the 23 ordinance which shall remain in full force and effect as if the portion so declared or adjudged invalid 24 or unconstitutional was not originally a part of the ordinance. 25 Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same, that are 26 inconsistent with the provisions of this ordinance are hereby repealed to the extent of such 27 inconsistency. 28 Section 5. Emergency. The City appreciates the fact that the federal government has taken 29 steps to encourage the advancement of telecommunications technology, and understands that it is 30 incumbent upon the City to encourage additional carriers to enter into the telecommunications field 31 and to be able to have some certainty about the requirements and conditions for tower permits 32 within the City. Such development is essential to protect the public health, safety and welfare. An 33 emergency is, therefore, declared to exist, and this ordinance shall be in full force and effect from 34 and after the date of its passage. [Page 3 of 31 I PASSED: July 3, 20 2 ATTEST: 3 4 5 Nan Wood, ity Clerk 6 7 APPROVED AS TO LEGAL FORM: 8 �- 9 Thomas M. Carpenter, City A orney 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 APPROVE Jim Dailey, Mayor (/ [Page 4 of 41 L024 12 R6 C3 R5 03 Pro Cell ower Location 12 12 , -1 65TH R2 C3 R5 FRMS Fa 4 C4 EK 101 Iq 1-1 %.,a C4 C3 w C3 z C30 C3 C3 Lf I C3 C4 f- C30'FFTL 12 FU CC L�u- I R2 U \ R2 R2 m R2 R2 z C39 D 0 R2 El ED F12 E2i DAVEN R2 ® �' cv o ❑O ED ED C, ED El ELI FU 0 :1U ❑ R2 C FU jar E 0 R2 L Area Zoning Case # Z,7062 N 6521 Landeaster Road + Cr. 20.02 TRS: TINR12W30 400 Feet PD. 13 Item Ward: 6 R6 C3 R5 03 Pro Cell ower Location R5 C3 R5 03 ,-j 03 12 FU CC L�u- I R2 U \ R2 R2 m R2 R2 z C39 D 0 R2 El ED F12 E2i DAVEN R2 ® �' cv o ❑O ED ED C, ED El ELI FU 0 :1U ❑ R2 C FU jar E 0 R2 L Area Zoning Case # Z,7062 N 6521 Landeaster Road + Cr. 20.02 TRS: TINR12W30 400 Feet PD. 13 Item Ward: 6 TR51 N12W3O CT 20.02 PD 13 WARD 6 Existing 40_, Building Line 92.87 _ 17.11' Lancaster Road NEW MONOPOLE LOCATION Z -7062 6521 Lancaster Road M1111 IPA a IA 0 Extents Of 5print PC5 Lease Area Existing CMU Wall \ Proposed 150' Monopole 8' Chain Link Fence Proposed 8' Chain Link Fence New Retaining Wall a \ m \ Existing 30" Gas x� Easement Existing 40' Power \: Easement Future \N1 Proposed Equipment Colocate \ Platform Area � Proposed Meter proposed Double 8'-0" \ Center Swing Gates c o Extents Of 5print PC5 ° s o Lease Area c Q E m 61 u+ �\ W TR51 N12W3O CT 20.02 PD 13 WARD 6 Existing 40_, Building Line 92.87 _ 17.11' Lancaster Road NEW MONOPOLE LOCATION Z -7062 6521 Lancaster Road M1111 IPA a IA 0 Oprin C 5' High Fence Retaininc TR51 N12W30 CT 20.02 PD 13 WARD 6 Tower Elevation NEW MONOPOLE LOCATION Z -7062 6521 Lancaster Road l2i