07/22/2003 Minutes - Laserfiche WebLink

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or free-standing poles, are expected to be within a 1/2-mile of each other. He then reviewed the section of the code that relates to height. He indicated the proposed tower is 190 feet at the direction of O.D.O.T. He pointed out that it was suggested at the last Planning Commission meeting that they consider locating on the on-ramp to the south. He said there are two reasons they cannot do that. One is per the city's code regarding setbacks. They would not be able to meet the setbacks on that side of the highway. Secondly, the on-ramp where they want to locate has a curved section that allows traffic coming on and off the highway the opportunity to slow down when approaching Stearns. There is a straightaway on the other side of the highway. He said per O.D.O.T.'s request, they have located in a safer zone. Commission Questions and Comments Mrs. Hoff-Smith asked how often and at what time of day vehicles actually need to access the site. Mr. Satarawala said the construction will take approximately 4-8 weeks but once the site is built, they will access the site a minimum of once a month. Mrs. Hoff-Smith referred to traffic speed at the southern on-ramp. Mr. Satarawala again mentioned that in that area they would not be able to meet the setbacks required by the city's code. Mr. Hreha pointed out a variance could cover that. Mr. Satarawala said they would rather not apply for a variance. Mr. Hreha said there are some advantages to the south side, despite the fact that it is closer to residents. There is a sound barrier over there and a substantial wooded area of tall trees. Those residents would not see a tower. The residents on the north side would see substantially less of the tower. Mr. Satarawala said he can understand those concerns but a sound barrier is not going to affect the site, as there are no sound issues. He reiterated that the site was requested by O.D.O.T. He added there might be some easement issues on the south side. He said before they can approach them with the lease, O.D.O.T. has to make 100% sure that they own the easement and the full land. Mr. Koeth asked if there is a representative from O.D.O.T. present. Mr. Satarawala said he asked Mr. Steve Cheek to be present but he was unable to attend. He said Mr. Cheek did submit a letter that the board members should have before them. Mr. Koeth said he would like Mr. Cheek to be present at the next meeting. Mrs. Hoff-Smith said that in his letter, Mr. Cheek is giving his reasons why the proposed site is preferable for O.D.O.T., but he is not here to understand our residents' concerns. Mr. Satarawala said O.D.O.T.'s Mr. Malone lives in the Cleveland area as well, but he is on vacation. Mr. Spalding indicated a representative from O.D.O.T. was a request from the last meeting. Mr. Satarawala said that is why the letter was presented tonight. Mr. Hreha said that Mr. Satarawala read an ordinance and then talked about something else and he used the word "insert." He said he does not recall that word being used when Mr. Satarawala read the ordinance. He would like to know what Mr. Satarawala means when using that word. Mre Satarawala said he is not finished with his presentation and he can answer those kinds of questions if he can have the floor. He said he would like to reiterate that Cingular's position is they are here because there is identified need by the FCC. They are not here to cause any residential concerns. They are here to meet a need, generated by citizens of North Olmsted and people traveling through North Olmsted. Over 100,000 vehicles travel through that intersection each day. He said if the city's own building department referred him to the proposed site, then he does not understand why the board has this many questions on a permitted site. He referred to the Telecomm Act of 1996, which provides that local zoning authorities shall not unreasonably discriminate amongst providers of functionally equivalent services. He brought up that just a few months ago, this very board approved the tower at Clague and I-480. He said T-Mobile had a similar need and they went through the process and asked W. Conway for the best site and he referred them to the O.D.O.T. property there. He said that delaying a decision on the proposed site only further delays the ability to get to construction before the snow flies. Mrs. Hoff-Smith pointed out there were no complaints from the residents about the Clague Road location but they have concerns from the residents here. She said she takes exception to the fact that Mr. Satarawala is saying they are discriminating against Cingular. She does not care what company it is. They have questions because the residents do. Mr. Hreha said it is the board's job to make recommendations. In order to make an intelligent recommendation, they need to ask questions. 4