Cable TV - 1998 - 04_09 (joint)MINUTES
SPECIAL CALLED JOINT MEETING
CABLE TV AND TELECOMMUNICATIONS ADVISORY COMMITTEE
PLANNING AND ZONING COMMISSION
APRIL 9, 1998 - 6:30 P.M.
CABLE TV AND TELECOMMUNICATIONS ADVISORY COMMITTEE
BOARD MEMBERS PRESENT:
Doug Dreggors
Carl Johnson
Sherry Delling
Bill Kapka
BOARD MEMBERS ABSENT
Don Wing
Eric Willard
PLANNING AND ZONING COMMISSION
BOARD MEMBERS PRESENT:
Ross Obermeyer
Jeff Kelley (arrived late)
Paul Penny
Jeff McGregor
Mark Pacheco
BOARD MEMBERS ABSENT:
Pamela Smith
STAFF PRESENT:
Michael Stanger
Bill Petty
Sally Leeper
Ann Maas
GUESTS PRESENT:
None
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Joint P&Z Commission and CTTAC Minutes
April 9, 1998
I. CALL TO ORDER OF THE CABLE TV AND TELECOMMUNICATIONS
ADVISORY COMMITTEE
With a quorum of the Committee present, the special called meeting of the Cable
TV and Telecommunications Advisory Committee was called to order by Vice -
chairperson Doug Dreggors at 6:35 p.m. on April 9, 1998 at the Allen Public
Library Council Chambers.
CALL TO ORDER OF THE PLANNING AND ZONING COMMISSION
With a quorum of the Commission present, the special called meeting of the
Planning and Zoning Commission was called to order by Vice -chairperson Ross
Obermeyer.
H. DISCUSS ISSUES RELATED TO ZONING OF WIRELESS
TELECOMMUNICATIONS ANTENNAE
A. Treatment under current ordinance.
Bill Petty Director of Community Development, gave an overview of the
treatment of commercial telecommunications towers and antennae under the current
ordinance. Mr. Petty advised that cellular towers are regulated through the Zoning
Ordinance under the use, "Radio, TV, or Microwave Tower." This use is defined
under No. 110, which states:
Structures supporting antennae for transmitting or receiving any portion of the radio
spectrum, but excluding noncommercial antennae installations for home use of
radio or television. In any event the use as a microwave, radio, or television tower
in a given zone is still subject to the height, setback and other requirements, etc., as
per the zoning district requirement in which the tower is located.
Mr. Petty advised that this use is allowed as an accessory use in the following
districts:
Garden Office
Office
Local Retail
Shopping Center
Light Commercial
General Business
Corridor Commercial
Industrial Technology
Central Business District
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Joint P&Z Commission and CTTAC Minutes
April 9, 1998
Mr. Petty advised that an example of accessory use would be the radio station
on Main Street.
It is allowed by Specific Use Permit in the following districts:
Light Industrial
General Industrial
Heavy Industrial
Community Facilities
Mr. Petty advised that an example of this by Specific Use Permit would be the one
on a community facilities tract on Custer Road. The thought being, once a water
tower was erected on this site, the antennae would be relocated on to that.
Mr. Petty advised the Board that the question before them is do they want to
regulate the commercial use of towers and antennae? And if so how?
Mr. Petty them fielded questions from the Planning and Zoning Commission about
site plan requirements on towers. Site plans would be required with Specific Use
Permits, but not with accessory use.
B. Impacts of emerging laws and technology.
Michael Stanger, Acting City Manager, gave a brief overview of what led up to the
joint meeting and advised that staff has a concern about not being equipped to
handle the planning issues involved with towers and antennae that are put on private
property The Telecom Board is looking to the Planning and Zoning Commission
for expertise in this matter and the Telecom Board will help with their technical
expertise. Mr. Stanger then gave a presentation on the impacts of emerging laws
and technology by reviewing the part of the Telecommunications Act of 1996,
which has to do with wireless communications. The Act prohibits:
1) Actions which discriminate between providers of "functionally equivalent'
services.
2) Actions which have the effect of prohibiting the provision of wireless services.
3) Regulation of placement of towers based on radio frequency emissions
Local government must act upon tower siting requests within a reasonable time and
all denials must be in writing.
Mr. Stanger distributed copies of the Council of Governments Model
Telecommunications Ordinance and advised the Boards that staff considers this a
good starting point.
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Joint P&Z Commission and CTTAC Minutes
April 9, 1998
C. Process for determining future actions.
After discussion by the Boards it was decided that the Planning and Zoning
Commission would prepare and study on the setbacks and planning and zoning
issues and the Telecom Board would prepare and study from the technical
viewpoint. Then the Boards would meet again prior to the next regular meeting of
the Planning and Zoning Commission.
PLANNING AND ZONING COMMISSION
MOTION: Mr. Jeff McGregor made a motion to schedule another joint
meeting with the Cable and Telecommunications Advisory
Committee for April 23, 1998 at 6:30 p.m. in the Council
Chambers of the Allen Public Library and Mr. Ross Obermeyer
seconded. The Motion carried 5 for, and 0 against.
CABLE TV AND TELECOMMUNICATIONS
MOTION: Mr. Carl Johnson made a motion to schedule another joint
meeting with the Planning and Zoning Commission for April 23,
1998 at 6:30 p.m. in the Council Chambers of the Allen Public
Library and Mr. Bill Kapka seconded. The Motion carried 4 for,
and 0 against.
III. ITEMS OF INTEREST.
None.
IV. ADJOURN.
There being no further business, the meeting was adjourned by Motion.
PLANNING AND ZONING COMMISSION
MOTION: Mr. Ross Obermeyer moved to adjourn the meeting and Mr.
Mark Pacheco seconded. The Motion carried with 5 for, and 0
against. This meeting was adjourn at 7:25 p.m.
CABLE TV AND TELECOMMUNICATIONS
MOTION: Mr. Carl Johnson moved to adjourn the meeting and Mr. Bill
Kapka seconded. The Motion carried with 5 for, and 0 against.
This meeting was adjourned at 7:25 p.m.
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Joint P&Z Commission and CTTAC Minutes
April 9, 1998
These minutes read and approved by the Cable TV and Telecommunications
Advisory Committee this 23rd day of April 1998.
Donald Wing, Chairman
These minutes read and approved by the Planning and Zoning Commission this 21'
day of ApF41998.
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Pamela Smith, Secretary