10/07/1997 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 10/7/97 ,:,~ reform bill. Mrs. Saringer also announced that representatives of C.A.R.S., Citizens .~r Against Retail Saturation, were present in the audience. Council is supportive of this organization with regard to the Parcel E rezoning which is on the ballot. The representatives have flyers available to anyone who is interested or would like to volunteer to help this organization. Mr. Musial, Chairperson of the Building, Zoning and Development Committee: 1) A joint meeting of the BZD and Streets & Drainage Committees was held on September 30, 1997. Present were committee members Dean McKay, George Nashar, Norm Musial and David Lind; Safety Director Kasler; Service Director Bohlmann; Finance Director Burns. Under discussion was Ordinance No. 97-73 which is an ordinance creating a new Chapter 1167 of the Zoning Code of the City of North Olmsted entitled "Wireless Communication Towers" and amending various sections of the Zoning Code in order to implement the provisions of new Chapter 1167. It is to be noted that the federal Telecommunications Act of 1996 provides that municipalities may, through their zoning codes, regulate the placement of telecommunication facilities within various districts of the municipality. The purpose of the ordinance is to establish general guidelines for the situs of towers and antennas. It is to be noted that that antennas or towers located on property owned, leased or otherwise controlled by the city, shall be exempt from the requirements of Chapter 1167 provided a license or lease authorizing such antenna or tower has been approved by the city. A conditional use permit shall be required for the construction of a tower or the placement of an antenna in zoning districts 1, 2 Family Residence, Single Family Cluster, Multiple Residence Apartment, Business and Office. No conditional use permit shall be required in Limited Industry and Mixed Use districts. The Planning Commission may impose conditions on the granting of a conditional use permit. No new towers shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Commission that no existing tower or structure can accommodate the proposed antenna. An application to construct or locate a tower or antenna in a Limited Industry or Mixed Use district shall be deemed to be a minor change and shall not require Planning Commission review or a conditional use permit. When a minor change request is provided or is discussed or granted, notice is sent to the chairman of the BZD Committee, Architectural Review Board and Planning Commission chairman. If any one of the three objects, it shall go to the Planning Commission. At the Planning Commission meeting on September 23, the vote was to adopt Ordinance 97-73 with the inclusion that a bond be provided to cover the cost of demolition and removal in the event that the company owner of the tower base structure went bankrupt. Ordinance 97-73 has been amended to reflect this provision. The BZD and Streets & Drainage Committee voted to adopt Ordinance 97-73 with the provision that the said bond be required. As previously announced by President Pro Tem Saringer, there will be a public hearing on Ordinance 97-73 at 7 p.m. on Tuesday, October 21. Mr. Musial reported for Mr. McKay, Chairperson of the Streets & Drainage Committee: 1) The committee met on September 30 to discuss Ordinance 97-77. Present were committee members Dean McKay, George Nashar and David Lind; Council member Norm Musial; Service Director Bohlmann; Safety Director Kasler; Finance Director