06/11/2002 Minutes (2) - Laserfiche WebLink

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.' color. The visibility is very low and the site will be visited once a month or less to check equipment. Wide Open West is based in Castle Rock Colorado and expanding throughout the Greater Cleveland area, Columbus, Detroit, and Chicago. There will be three such units in the Cleveland area. There will be no barbed wire used. They will use a 6' high chain link fence. Nor will there be any type of signs placed on the building. There will be two 3-ton HVAC units mounted on the side of the wall. The site is very well buffered by natural landscaping. They are only leasing the site. Along the side of site there is a 10-foot high concrete building, as well as a body shop. The applicants will require a 50- foot setback variance as it abuts a residential area. The side yard and rear yard setback requirements will be met. The lot has been consolidated and has two zoning classifications, which is retail business general and residential. They will also require a conditional use approval from the Planning Commission. Mr. Koeth questioned ifthurc hsed Ameri cast and they have to elocate al the cable Trbovich reviewed that Wide Open Westp lines. Mr. Koeth questioned if all the lines would be ran underground. Mr. Trbovich answered "yes". Mr. Hreha questioned what services are offered and what areas within North Olmsted would be provided those services. Mr. Trbovich believes that the DSL will be available at some point, and cable TV would be available right away. W. Koeth questioned if this building would be the only one built in North Olmsted and where would the other two buildings mentioned be erected. Mr. Trbovich indicated that one would be in the Cleveland district and one in North Royalton. Mr. O'Malley voiced that there could be some legal issues regarding high tech Internet access through this facility. . Americast had a franchise agreement with the City of>North Olmsted. He indicated that Wide Open West may have purchased those rights, but he is not sure if those rights cover high speed Internet access. If high speed Internet access is governed by the franchise agreement there may be federal regulations that would govern the proposal. The Planning Commission has final authority in granting a similar use permit. However, before Planning Commission grants the permit, he would like an opportunity to research the issue of high-speed Internet conriections being licensed. Mr. O'Malley questioned if Wide Open West is covered in the agreement or.do they consider themselves separate and apart from the current agreement. He suggested that perhaps a new franchise agreement is needed to cover the service that would be offered. Mr. Trbovich suggested their company met with all the existing franchises in the area and reviewed their company's future plans as a whole. Mr. Hreha questioned if the Planning Commission could make a recommendation that is contingent upon the Law Departments findings. Mr. O'Malley answered "yes". Mr. Trbovich suggested that they would not offer high speed Internet access until that has been approved. They have a period of time in which , they must have the equipment removed, and in place and he does not want to see that issue hold them up. Mr. Koeth indicated that under 1139.01 (b) 4 f it would be considered a research and testing laboratory, radio, TV stations, telephone exchanges, bay stations and transformer stations. Mr. Koeth feels that it would be considered a transformer station. Mr. Spalding questioned the landscaping for the site. Mr. Trbovich suggested that the landscaping is preexisting. W. Hreha questioned how close to Lorain Road the structure would be placed. Mr. Hoch suggested that the structure would be about 150 to 200 feet from Lorain Road. Mr. Koeth voiced that the Planning Commission would like an 8- foot chain link fence around the building with the points turned down. Mr. Koeth questioned if there would be any lights on the building. Mr. Trbovich indicated there would be a small wall pack at the entrance, which is required by code. Mr. Koeth questioned if there were any audience members that had questions. No further comments were made. . R. Koeth motioned to approve Wide Open West of 23525 Lorain Road: The proposal which consists of installing a small building for fiber optic networks that offer digital cable TV, high-speed Internet connections and broadband telephone services. This will fall under section 1139.01 (b) 4 F. The fencing around the structur.e is to be an 8-foot high chain link fence with the points pointed downward. The approval will include Mr. O'Malley's comments that the similar use permit be granted on the condition that, and subject to the current franchise agreement with the City, it would allow for and cover the provision of the high speed internet access. Presuming that it is subject to the same franchise fees that are being paid to the City on television revenues being generated, the City would likewise 3