HomeMy WebLinkAbout186341 •ORDINANCE NO. 18,634
2
3 AN ORDINANCE GRANTING A WAIVER OF TIM
4 REQUIREMENT TO COMPLY AT THIS TIME WITH
5 LANDSCAPE AND SCREENING REQUIREMENTS FOR
6 TWO WIRELESS COMMUNICATION FACILITY
7 LOCATIONS OWNED BY CINGULAR WIRELESS LLC; TO
8 SET CERTAIN CONDITIONS FOR THESE SITES;
9 DECLARING AN EMERGENCY; AND FOR OTHER
10 PURPOSES.
11
12 WHEREAS, the Board of Directors passed certain standards for landscaping and buffering
13 of wireless communication facilities ( "WCF ") in Little Rock, Ark., Ordinance No. 18,173
14 (December 20, 1999), as may be amended ( "LRO 18,173 ") which were to apply to all future
15 applications for WCF permits, and
16 WHEREAS, Section 2(c)(6) included a requirement that WCFs in existence on the date of
17 LRO 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, Cingular Wireless, LLC, has applied for waivers of the landscaping and
21 screening requirements of existing WCF with Support Structures on two of its locations; and
22 WHEREAS, City staff supports the waivers as requested because these sites are located out
23 of site of residential areas; and
24 WHEREAS, as set forth below the Board believes the request is appropriate under the
25 current circumstances.
26 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE
27 CITY OF LITTLE ROCK, ARKANSAS:
28 Section 1. The WCF located 7626 Cantrell Road (Z- 6116 -A) is granted a waiver of the strict
29 compliance with the landscaping and screening requirements of LRO 18,173 for the following
30 reasons:
31 a. The WCF is located within a .69 acre commercial tract. It also
32 contains three buildings with offices and a restaurant /bar; the
33 remainder of the property is paved
34 b. Paved parking and service drives and the commercial buildings are
35 located between the WCF and abutting streets.
• •
1 C. The site does abut single- family residential property on the north
2 (rear) but the residential properties are located 4 feet below the
3 elevation of the commercial property and the WCF and the existing 6
4 foot fence on the north side adequately screens the WCF.
5 d. The area between the WCF and the residential properties on the
6 north is a rip- rapped slope which would be enhanced with the
7 planting of trees and shrubs.
8 Therefore, the following waivers from strict compliance under the current
9 circumstances is granted.
10 (1) A waiver of the landscaping requirements on the west,
11 south and east perimeters only of the WCF is granted.
12 (2) The screening requirement of an 8 foot tall privacy fence is
13 waived on all 4 sides of the site.
14 For these reasons, strict compliance with LRO 18,173 is waived until such time as a major
15 change in circumstances makes it necessary to impose Iandscaping and screening requirements in
16 order to meet the goals set forth in the ordinance.
17 Section 2. The WCF located 701 Napa Valley (Z- 3789 -H) is granted a waiver of the
18 strict compliance with the provisions of LRO 18,173 for the following reasons:
19 a. Three other WCF providers are already located on the 177 foot monopole at
20 this site;
21 b. The WCF site is adjacent to the equipment building and lattice tower that
22 serve a television station operated by Agape Church;
23 C. The WCF and church tower facility are enclosed by a 6 foot tall chain link
24 fence and the facility is located within the grounds of the large Agape Church
25 campus;
26 d. The WCF is not visible from adjacent properties on any side other than from
27 the south;
28 Therefore, the following waivers from strict compliance with LRO 18,173 under the current
29 circumstances is granted.
30 (1) Landscape waiver on all four sides of the site.
31 (2) Screening requirement of an 8 foot high fence on the east, west, and
32 north sides only of the site.
33 For these reasons, strict compliance with LRO 18,173 is waived until such time as a major
34 change in circumstances makes it necessary to impose landscaping and screening requirements in
[Page 2 of 41
0 0
1 order to meet the goals set forth in the ordinance.
2 Section 10. Findings.
3 (A) The Board declares that the general landscaping and screening provisions of LRO 18,173
4 should be met whenever possible, particularly in residential areas, but that strict compliance for
5 WCF tower permits granted prior to the effective date LRO 18,173 is not always appropriate under
6 existing circumstances. For example, it may not be possible to purchase or lease additional property
7 around the existing WCF site to meet the landscape and buffer requirements. Or, while the
8 applicant is willing to fulfill the City's stated preference of tower collocation, it is unable to do so and
9 meet landscaping requirements because a particular WCF tower is located in an area that, regardless
10 of its zoning classification, is really commercial or industrial in nature, and not only would
11 landscaping be of minimal value, it might in fact draw attention to the tower location and invite
12 theft, vandalism, and be in derogation of the goals and purposes of LRO 18,173.
13 (B) Under such circumstances, and others not set forth herein, it is appropriate to grant a
14 waiver from the strict requirements of LRO 18,173, provided that if in the future a major change in
15 circumstances occurs, the City may modify the waivers granted herein in accordance with
16 Subsection (C) below.
17 (C) For purposes of this ordinance, "a major change in circumstance" means that the
18 area within 200 feet of the boundaries of the WCF tower site has developed to the point that there is
19 a virtually unobstructed view of the tower from any adjoining residences located in an area zoned R-
20 1, R -2, or R -3; AND
21 (1) (a) The City has received a complaint
22 from the owner of such a residence located
23 within 200 feet of the tower site that the site
24 has no landscaping or screening in place; and
25 (b) The City has requested that the parties
26 resolve the issue by agreeing to certain
27 screening or landscaping requirements
28 consistent with LRO 18,173, which can be
29 granted administratively by the Director of
30 Planning and Development, but no agreement
31 has been reached; or
32 (2) The tower site permittee has leased sufficient
33 additional space to meet the landscaping, setback and
[Page 3 of 41
I screen requirements or LRO 18,173, subject ny right of
2 review set forth in that ordinance, as may be amended.
3 (D) Once a year, for any matters impacted by this provision, the Board will receive a
4 report from the Department of Planning and Development, to be made a part of the records on file
5 with the City Clerk, which identifies the tower sites that have previously received waivers but,
6 pursuant to this provision or any similar applicable provisions, has been the subject of modification.
7 In addition, these modifications shall be noted on the City's geographic information system map.
8 (E) Pursuant to the provisions of subsection (C) above, before any modification of a
9 waiver is required, the City shall demonstrate that a major change in circumstances from the date of
10 the original permit grant, or from the date of any waiver or deferral, has occurred.
11 Section 11. 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
14 ordinance which shall remain in full force and effect as if the portion so declared or adjudged invalid
15 or unconstitutional was not originally a part of the ordinance.
16 Section 12. Repealer. All laws, ordinances, resolutions, or parts of the same, that are
17 inconsistent with the provisions of this ordinance are hereby repealed to the extent of such
18 inconsistency.
19 Section 13. Emergency. The City appreciates the fact that the federal government has taken
20 steps to encourage the advancement of telecommunications technology, and understands that it is
21 incumbent upon the City to encourage additional carriers to enter into the telecommunications field
22 and to be able to have some certainty about the requirements and conditions for tower permits
23 within the City. Such development is essential to protect the public health, safety and welfare. An
24 emergency is, therefore, declared to exist, and this ordinance shall be in full force and effect from
25 and after the date of its passage.
26 PASSED: February 5, 2002
27 ATTEST: APPROVED:
28
29
30 Nancy Woo , City Clerk Jim alley, Mayor
31
32 APPR VED AS TO LEGAL FORM:
33
34 Thomas M. Carpenter, City Atto ey
(Page 4 of 41
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