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. • 05/03/2002 11:20:34 AN
Filed 6 Recorded in
Official Records of
1 ORDINANCE NO. 18,674 PULASKI COUNTY
PUtASKI COUNTY
CIRCUIT /COUNTY CLERK
2 Fees $26.00
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 13629 SADDLE
7 HILL ROAD; TO SET CERTAIN CONDITIONS FOR THIS
8 SITE; DECLARING AN EMERGENCY; AND FOR OTHER
9 PURPOSES.
IU11
11 WHEREAS, the Board of Directors passed certain standards for landscaping and
12 buffering of wireless communication facilities ( "WCF ") in Little Rock, Ark., Ordinance No.
13 18,173 (December 20, 1999), as may be amended ( "LRO 18,173 ") which were to apply to all
14 future 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
17 into compliance within a two (2) year period of time unless the Board granted a waiver or
18 deferral of the various provisions, and
19 WHEREAS, Alltel Cellular Associates ( "Alltel") has applied for a waiver of the
20 landscaping and screening requirements on all four sides of the WCF site and which was in
21 existence on December 20, 1999, and
22 WHEREAS, City staff recommends against the screening fence waiver on the north and
23 west perimeters because the site is visible from the north and west of the site, although staff
24 does support the fence waiver for the south and east sides and the landscape waiver on all four
25 sides; and
26 WHEREAS, as set forth below the Board believes the request is appropriate under the
27 current circumstances.
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28 NOW, THEREFORE, BE IT ORDAINED BY THE
29 CITY OF LITTLE ROCK, ARKANSAS:
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1 Section 1. The following WCF permit is granted a waiver of the strict compliance with
2 the landscaping provisions of LRO 18,183 as follows:
3 (a) 13629 Saddle Hill Road (Z- 4602 -A).
4
5 This site is zoned R -2 residential and it is adjacent to the Little Rock
6 Water Works tank about 1/4 mile west of the end of Morrison Road.
7 Pleasant Heights subdivision which has developed around the area to
8 the north, and Belle Pointe subdivision has developed to the west
9 making the site visible from the north and west. The steeply sloped
10 property adjacent to the south is undevelopable and heavily wooded.
11 A large water tank and other utility facilities and towers are located
12 adjacent to the east. The lease area does share a common property
13 line with Lot IOR Belle Pointe on the west and north. This
14 residential lot is fairly heavily wooded and is 200± feet deep. Any
15 residence constructed on the lot would most likely be 100+ feet away
16 from the WCF site. There is no area available outside of the lease
17 area for landscaping without further intrusion into the residential lot.
18 Therefore, the following waiver from strict compliance with LRO
19 18,173 under the current circumstances is granted:
20
21 (1) Fence waiver on the south and east sides of
22 the site.
23
24 (2) Landscape requirements on all four sides of
25 the site.
26
27 For these reasons, strict compliance with LRO 187,173 is
28 waived until such time as a major change in circumstances
29 makes it necessary to impose landscaping requirements in
30 order to meet the goals set forth in the ordinance.
31
32 Section 2. Findings.
33 (A) The Board declares that the general landscaping and screening provisions of LRO
34 18,173 should be met whenever possible, particularly in residential areas, but that strict
35 compliance for WCF tower permits granted prior to the effective date LRO 18,173 is not always
36 appropriate under existing circumstances. For example, it may not be possible to purchase or
37 lease additional property around the existing WCF site to meet the landscape and buffer
38 requirements. Or, while the applicant is willing to fulfill the City's stated preference of tower
39 collocation, it is unable to do so and meet landscaping requirements because a particular WCF
40 tower is located in an area that, regardless of its zoning classification, is really commercial or
41 industrial in nature, and not only would landscaping be of minimal value, it might in fact draw
[Page 2 of 41
• •
1 attention to the tower location and invite theft, vandalism, and be in derogation of the goals and
2 purposes of LRO 18,173.
3 (B) Under such circumstances, and others not set forth herein, it is appropriate to
4 grant waivers from the strict requirements of LRO 18,173, provided that if in the future a major
5 change in circumstances occurs, the City may modify the waivers granted to any subsection of
6 this ordinance in accordance with Subsection (C) below.
7 (C) For purposes of this ordinance, "a major change in circumstance" means that the
8 area within 200 feet of the boundaries of the WCF tower site has developed to the point that
9 there is a virtually unobstructed view of the tower from any adjoining residences located in an
10 area zoned R -1, R -2, or R -3, and
11 (1) (a) The City has received a complaint from the
12 owner of such a residence located within 200 feet of
13 the tower site that the site has no landscaping or
14 screening in place; and
15 (b) The City has requested that the parties resolve the
16 issue by agreeing to certain screening or
17 landscaping requirements consistent with LRO
18 18,173, which can be granted administratively by
19 the Director of Planning and Development, but no
20 agreement has been reached.
21 Once a year, for any matters impacted by this provision, the Board will receive a
22 report from the Department of Planning and Development, to be made a part of
23 the Board records on file with the City Clerk, which identifies the tower sites that
24 have previously received waivers but, pursuant to this provision or any similar
25 applicable provisions, has been the subject of modifications. In addition, these
26 modifications shall be noted on the City's geographic information system map;
27 OR
28 (2) The tower site permittee has leased sufficient additional
29 space to meet the landscaping setback, setback and screening
[Page 3 of 4]
1 requirements or LRO 18,173, subject to any right of review set
2 forth in that ordinance, as may be amended.
3 (D) Pursuant to the provisions of subsection (C) above, before any modification of a
4 waiver is required, the City shall demonstrate that a major change in circumstances from the
5 date of the original permit grant, or from the date of any waiver or deferral, has occurred.
6 Section 3. Severability. In the event any section, subsection, subdivision, paragraph,
7 item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or
8 unconstitutional, such declaration or adjudication shall not affect the remaining portions of the
9 ordinance which shall remain in full force and effect as if the portion so declared or adjudged
10 invalid or unconstitutional was not originally a part of the ordinance.
11 Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same, that are
12 inconsistent with the provisions of this ordinance are hereby repealed to the extent of such
13 inconsistency.
14 Section 5. Emergency. The City appreciate the fact that the federal government has
15 taken steps to encourage the advancement of telecommunications technology, and understands
16 that it is incumbent upon the City to encourage additional carriers to enter into the
17 telecommunications field and to be able to have some certainty about the requirements and
18 conditions for tower permits within the City. Such development is essential to protect the
19 public health, safety and welfare. An emergency is, therefore, declared to exist, and this
20 ordinance shall be in full force and effect from and after the date of its passage.
21 PASSED: April 16, 2002
22 ATTEST: APPROVED:
23
24
25 Na cy Wo , City Clerk Ji ailey, Mayor
26
27 APPROVED AS TO LEGAL FORM:
28 I II
29
30 Thomas M. Carpenter, Ci Attorney
(Page 4 of 41
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Z- 4602 -A
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