06/27/2000 Minutes (2) - Laserfiche WebLink

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? Mr. Kurlander indicated that the problem is that the Ordinance for North Olmsted requires that all telecommunications facilities be located on a minimum 55-foot tall building. He indicated that many of their customer sites are located in office buildings that are less than 55-feet high. Mr. Kurlander indicated that the definition of wireless telecommunication facility is very broadly defined to include any entity that transmits an electromagnetic signal. He indicated that at the time the Ordinance was written, only PCS and cellular carriers that were an issue: Mr. Kurlander indicated that the antenna is 24 inches, located in the center of the roof or to the side of a penthouse wall without projecting above, and , painted to blend. He indicated that Teligent's proposal is to achieve the most practical process to approve the customer type facilities. Teligent believes that the proposed Westbury collection point does fall into the traditional definition of telecommunications facility as defined in the Ordinance, so they could comply with the requirements. Mr. Kurlander indicated that Teligent does not know how to comply without having to get' a variance for the customer facilities that axe lower than 55-feet in height. Mr. Tallon questioned if the Law Department had a chance to review the proposal. Mr. Dubelko indicated that when the Ordinance was drafted, it was not within the contemplation of the regulatory intent of Council. He indicated that experts were brought in to draft a comprehensive ordinance that would fully protect the City of North Olmsted against any and all technology in this area that might have an adverse impact upon the public health and safety. Mr. Dubelko indicated that the definition is broadly stated in Chapter, 1151 of the Ordinances and encompasses their technology: By doing so, it is not appropriate for Teligent to be coming before Planning Commission to seek a special ruling. He indicated that with the respect to the Westbury and Community building, it is not a permitted accessory use. With respect to Corporate Center One, it is not a permitted accessory use because it is under five stories in height. Mr. Dubelko suggested recommending to Council to amend this legislation to either exempt out this particular technology or to regulate them on some different basis. In the meantime, Teligent could go before Board of Zoning AppeaYs to request variances. He indicated that there is clear language in the Ordinance as it is written. Mr. Tallon questioned how far the antenna on the Westbury extends. Mr. Kurlander indicated it is 1.5 miles from the Westbury location, whicli would be the only collection point in North Olmsted. Mr. Tallon questioned if the dish size would eventually be greater than 24 inches, when originally the size was 18 inches. Mr. Kurlander indicated that the size of the dish relates more to both capacity and frequency that is being operated. Teligent is nationwide with different radio frequencies in different markets. He indicated that Teligent's radio frequency contacts have indicated that the frequency Teligent is licensed to operate in northern Ohio requires the 24-inch antenna. Mr. Tallon questioned if the dish size would eventually be enlarged. Mr. Kurlander replied "no." Mr. Tallon questioned what Teligent would do if the size had to be enlarged. Mr.. kurlander indicated that the city would be within its authority to require a demonstration of impossibility of operating at a smaller size antenna. Mr. Koetli questioned what other locations are Teligent presently working out of. Mr. Kurlander indicated presently there are customer sites located in Independence, Solon, Beachwood, Mayfield Heights, and would be in any commuriity that bffers business office district. Mr. Asseff questioned if the technology needed line of 2