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04-17-91 Planning Commission MINCITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES 4-17-91 - 8PM The Planning Commission Meeting was called to order at 8PM by Chairman Ing Roskaft. The following Planning Commission Members were present: KATHY LEWIS ING ROSKAFT CARL SWENSON LARRY FOURNIER MARK WALLACE JIM KOLLES BRUCE RASK The following Staff were present: Bob Kirmis, NAC Larry Koshak, Engr Elaine Beatty First on the Agenda was consideration of minutes of 4/3/91. Bruce Rask motioned to accept the minutes as written. Kathy Lewis seconded the motion. Notion carried unanimously. JONES INTERCABLE CONT OF HEARING FOR COND USE PERMIT, SUBDIVISION AND ZONING AMMENDNENT. Owner of PID #214-000- 284300 at Co #37 and #122 is requesting a text amendment to the present Zoning Ordinance to allow the existing cable tower which is a type of utility and public/semi-public service. (Cont to look at right-of-way for future alignment of #37 (O'Dean) and legal issues). Ing Roskaft stated he would take one item at a time starting with the ZONING ORDINANCE AMMENDMENT: Roskaft read the Ordinance (See Attached) In Section #2: Change 715.10 to read (725.10). Roskaft asked for any discussion? Bob Kirmis gave a little background as to why it is brought up now. Jones Intercable is looking to detach a two acre (2A) parcel in an AG 2 District. This amount will allow essential service to lay on a parcel that is less than the standard to the district. They are requesting this to be done before the new regulations come out. This will be part of a new Zoning Ordinance. It comes up a little sooner because of this request. Koshak asked about if this would cover the Ordinance Regulating Franchise Agreements. Also a permanent record of where facilities are (i.e. gas transmission lines, etc). Koshak also talked about an applicant process for review or Extension of utilities. Koshak stated there should also be a bond posted. Roskaft stated that this can be addressed as part of the CUP. Fees will be built in. 725.5 we should add repair (to clarify). Roskaft asked for any more questions? Fournier said maybe we should require and reference to the fee. Kirmis said it would be in the Administration Section on fee for CUP. Roskaft asked for any other comments? Lewis motioned to approve the Ordinance Ammending Various Sections of the City Code Relating to the Construction, Maintenance, and Provision of Essential Services After 31 March 1991. Bruce Rask Seconded the motion. Motion carried unanimously. JONES INTERCABLE GOND USE PERMIT AND SUBDIVISION: John Gries, Atty said the owners, Mr Hillary Barry and Mr CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 4-17-91 AT 8PM- PAGE 2 - Wilifred Lindenfelser are here and two people from Jones Intercable (Wally Borris was one). Gries stated that Mr Licht had asked for continuation of the Jones Intercable matter until other things could be looked at. One thing that has come up is your Engineering firm (Hakanson Anderson, Inc.) has asked to straighten #37 (O'Dean) and has asked for an easement. Kirmis said he is right. We addressed the easement issue straightening Co Rd #37 (now City Rd O'Dean). Dave Montebello was at the meeting and had some concern about the corner of #122 and #37. Now is the time to look at easements. Koshak and Gries discussed same. Gries said that since they just paid all the money, maybe the City could give some of it back. Koshak stated that his recommendation to the City Council is that we do something to acquire this easement. Koshak stated we have funds thru MSA. but need to go thru their proceedures for acquiring road right-of-way. Without MSA funding and involvement would be the cheapest and easiest. We need to come to terms as to how it is to be obtained. Jerome Kolles owns the triangle piece of property stated Willie Lindenfelser. Bruce Rask had asked about same. Jones Intercable easement is the only one that we are concerned with now stated Koshak. Swenson asked about #122 and the easement for that future major collector street? Montebello stated they would acquire that easement all the way thru there on #122, at least to #101. Swenson stated it also means the tower will be to close to the right-of-way. We need to copy to Dave Montebello. Montebello stated that on a Cond Use Permit they haven't required right-of-way. Would it be a problem setting the tower 171 to the North was asked? Wayne Fingalson, Engineer for Wright Co was notified of the Hearing of Jones Intercable. Thirty-three feet is the right-of-way on #37 now. Any minor collector is required to have 80' of right-of-way ultimately and for Urban section of road (#37( we just need to be able to aquire it stated Koshak. Roskaft asked about the old school house and how the road works with it. Raskaft asked for any other comment? Gries stated that he doesn't feel it makes a lot of difference to the applicant so you can solve that problem when you want to solve it. Kirmis stated that NAC has recommended approval subject to the seven (7) conditions on Page #2 of NAC's Report as follows: 1. The City adopt the Zoning Ordinance Amendment relating to the Construction, maintenance and provision of essential services. 2. The applicant meet all submission requirements for designated minor subdivisions. 3. A restrictive covenant is recorded against the subject parcel which prohibits any sale or use other than the existing "essential service" so long as the parcel is substandard in regard to its Zoning District Standards. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 4-17-91 AT SPM - PAGE 3 - 4. All equipment associated with the transmission tower is completely enclosed in a permanent structure with no outside storage. 5. A forty (40) foot right-of-way easement is provided along the western border of the subject site as recommended by the City Engineer. Such an easement shall allow the future realignment of CSAR 37 and improved safety conditions at the CSAH 37/County Road 122 intersection. This issue should be subject to further comment by the City Engineer. 6. Verification of the subject tower's "collapsible" design is provided to the City. While this information has been requested of the applicant, it has not been received by the City. 7. The request is subject to comment by other City Staff. Roskaft refered to the letter from Pirod, Inc 1200 N Oak Rd P.O. box 128 Plymouth Indiana 46563-0128 written to Mr Glen Hovland of Jones Intercable from Myron C. Noble, P.E. President which covers No. 6 of the conditions above (Letter is attached to minutes as exhibit A) Pirod Inc is the manufacturer of the cable tower. Koshak asked if Mr Myron C Noble, P E is a licensed Engineer in the State of Minnesota? Kirmis will check this out. Roskaft asked for a motion. Rask motioned to grant the Cond Use Permit and Subdivision to Jones Intercable upon agreement to the seven (7) conditions listed above. Motion seconded by Mark Wallace. Motion carried unanimously. The 22nd of April, 1991 at 7:30PM is the date for the City Council meeting for Jones Intercable decision by Council. LENNY KALWAY - KALWAY CONST CO RT I Monticello, Mn (Richard LeFebvre's Land) PID #214-000-154400. This property is located on State Hwy #101, Wright Co Hwys 39 and 42. The request is for Rezoning from A-2 to B-2 and Commercial Subdivision. Review of Concept Plan. Kalway asked if he should take the Report from NAC and go over one item at a time. Answer: Yes Based on the following review, our office recommends approval of the Kalway concept plan, subject to the following conditions: 1. The requested rezoning to B-2, General Business is considered further in regard to its reflectance upon the intended use(s) of the subject property. Kalway stated that B-2 is being called for because of setback distance of B-1. Kirmis said his feeling is the Zoning should follow the use. Hwy Commercial use is dependant on the Hwy. General Commercial is core commercial serving the City. The reason the B-2 is questioned is it is possible a fast food may locate in this area. It is not appropriate for a B-2 area with intended use. Kalway asked if we had a CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 4-18-91 AT 8PM - PAGE 4 - problem making part of it B-1 and part of it B-2? Kalway stated that the centerline of #42 is not allowing a lot of space for building. Kirmis stated in his view it is not related to setback. It is only raised because of the fast food business. General commercial is not permitted Hwy B-1 use. If you intend that, it should be Zoned B-1. Roskaft asked for Council discussion. Rask asked if the use plan is now B-1? Comp Plan is Commercial. Wright Co plan which is currently our plan is B-2 Commercial. Kalway stated B-1 is preferable but the small parcel in the corner is hard to use with the larger setbacks. Bob Rohlin of Meyer Rohlin asked if the proposed Ordinance had a difference in setback between B-1 and B-2 in setback? Kirmis said he dosen't know that now. Koshak said he dosen't see why there should be that much of a difference. The Wright Co Ordinance has a difference of 351. That little piece of land, because of setback is limiting land use. Kirmis said accomodate the design to meet the B-1 setback. Montebello said that the Co has written variances on setback if it were appropriate. He would like to set down with the developer if we can satisfy our traffic concerns. The County setbacks were to restrict development a certain amount from the centerline. If we accomodate those with new #42 and MN/DOT's plan. Kalway said he would request to zone B-1 instead of B-2. Koshak said Co would need to give us input as to feasibility. 2. The subdivision design is revised to present a lot configuration in which lot lines emanate from the center of the property's southern cul-de-sac (see Exhibit F). In addition the layout should be revised to illustrate lots of similar size. Kalway agrees with this but will have a problem achieving constant lot size. Outlots are to handle septic systems. 3. The subdivision is modified to illustrate that portion of land which is to be acquired by MN/DOT in the realignment of the Highway 101/County Rd 39 intersection. Kalway asked if they can take that easement and make an Outlot in that area. Koshak saw no problem with it. Be there to be aquired by State. Roskaft said it would be so designed so it is for the purpose of MN/DOT. Kirmis agreed. Elaine Beatty gave a copy of the letter from Mark Benson and the Map pertaining to #101 upgrading and #39 abutting this Kalway property for Kalway's information. 4. The City Engineer make comment on the interior street's preferred construction type (urban section versus rural section). Kalway asked about Urban -vs- Rural what is the City's intention? Koshak stated that there is an ultimate plan for a MSA street thru there. Urban section street could be probably put in once there is water and sewer in there. All streets should have 801 of right-of-way. Koshak said he wouldn't recommend commercial development with cul-de-sac. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 4-17-91 AT 8PM1 - PAGE 5 - We are looking at that being a highly utilized piece of property. Cul-de-sacs are impossible to maintain. Kalway said this allows people to get back to #42. Right-in/Right- out on #39. Montebello doesn't like the right -out at the intersection closest to #42. Right -in, they approve of. On Lot 1 Montebello had concern that there wasn't access to the cul-de-sac. The last page of NAC's report has addressed this. (Exhibit F). The question of 801 of right-of-way in plat to come back to #42 and #39. Koshak said it provides the type of Street that has high volume traffic. Zoning Ordinance has 801 for all Commercial Property. MSA Street doesn't have to be done until water and sewer is available. Burms or ditches would be OK for present. Can be discussed later this is now concept. 5. The subdivision's anterior street is increased to 80 feet in width in accordance with its qualification as a "collector street". In addition, the street should be reconfigured in a manner in which the subdivision's southern cul-de-sac is given secondary vehicular prominence (see Exhibit F). OK W/Kalway. It's Covered. 6. Access to the property via County Road 39 (right- in/right-out) occur only as a single, centralized point, as illustrated upon Exhibit F. All property access issues should be subject to comment by both Wright County and the City Engineer. Kalway Can work with Co to possibly get a right -in. 7. The additional 20 feet of right-of-way illustrated along a portion of County Road 42 is extended along the entire western border of the Kalway plat. This issue should be subject to further comment by Wright County and the City Engineer. Kirmis said our question is the jog. Kalway said their position is they have just finished #39 and aquired right-of- way. Montebello said the reason for the jog was to turn the left lane into Park. Pavement surfaces narrowing up and right-of-way covered the ditch area. Left turn lane for South bound traffic on #42. Montebello stated that they might be interested in extending a left turn lane (painted). S. Potential property purchasers within the Kalway plat are made known of long range plans by MN/DOT to construct a full interchange at the Highway 101/County Road 39 intersection. Kalway stated they are in agreement with #8. 9. If construction is to occur within the Mississippi River's floodplain, a conditional use permit shall be required. All commercial structures must be constructed on fill with no floor located below the Regulatory Flood Protection Elevation. Kalway stated they are in agreement with #9. 10. The applicant submit a grading and drainage plan. The plan shall be subject to review by the City Engineer. Kalway stated they are in agreement with #10. ., CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 11. A utility plan is submitted to provide an assurance that the development is conducive to potential sanitary sewer service. The utility plan shall be subject to the review and comment of the City Engineer. Kalway stated they are in agreement with #11. 12. The issue of the development's partial containment within the Mississippi River's Wild and Scenic River District is addressed and resolved. The City is taking care of this. Kirmis stated the DNR is not recommending approval of this plat because of the portion to the East by #101 is in the Wild and Scenic. Commercial is not allowed in the Wild and Scenic area. Kirmis stated that in NAC's opinion it places a narrow strip of land within the Wild and Scenic area with no reason for it. We are have petitioned the DNR for a change in rules. If successful, the boundary would follow #101. (Note: Exhibit D shows Wild and Scenic boundary lines). 13. All potential lot purchasers within the Kalway plat are made aware of potential future sanitary sewer assessment charges. Kalway stated they are in agreement with #13. 14. The City Engineer make comment regarding the acceptability of the subdivision's designated outlots. Kalway stated that the Engineer agreed and it meets septic/drainfield requirements. City has adopted the MPGA rules. Kalway stated two septics and drainfields are in one outlot/double the size required for future expansion if necessary. 15. The Parks and Recreation Advisory Board make recommendation regarding park dedication and area sidewalk requirements. Sidewalks Koshak assumes eventually curb and gutter with essential sidewalks. This can be addressed at the time of building. MSA road funds there is money allowed for sidewalks. Construction of the road (policy needs to be determined). General ownership of property would be assessed for normal street and rest of portion will be paid out of MSA funds. Kalway stated they may want to build City Streets right now. Koshak stated we have only a five year program and have only so much money each year. The next program doesn't have this Street in it for the five year plan. The City Council can re -look at it every year. Kalway said TIF is something they are looking at. Koshak said drainage will need to be addressed. Future sewer and water need to be addressed. Engineer can address sewer lines and alternative. Park and Trails dedication fees. (was left open ended and needs to be addressed. 16. If phased development is to be pursued, it should be fully illustrated upon the preliminary plat or a separate phasing plan. They don't own the rest of the land. Richard LeFebvre owns CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 4-17-91 AT 8PM - PAGE 7 - the land. NAC thought that Kalway owned the land to the North. Kalway said no they don't. 17. The City Engineer Comment as to the Acceptability of Removing outlot A in a manner illustrated upon Exhibit F. Koshak stated that on Commercial you should be able to bring parking lots up within five feet (51) of the property line. There would be no occupation of the right-of-way. The other thing is consistency of lot size is that essential, Kalway asked? (Exhibit F) Lots on #101, the size is designed to accomodate sewer.' Lot 1, Block 5 needs to be that big to accomodate what is going in there. Oudot C is sized to accomodate septics double size of what is required. If sewer is coming the other option is to put in holding tanks for a year or so. Outlots are sized so they will be buildable commercial lots. Exhibit F is acceptable to Kalway. Kirmis said some variation is acceptable. Roskaft asked if there was any more information from the audience. It was asked if this is a Concept Plan and just subject to comments, not binding and will come back to the Planning Commission as a preliminary plat? Answer: yes. Fournier motioned to approve concept plan for Kalway Plat with all the ammendments and changes we talked about and Kalway should work with the Wright Co Engr, and 8-1 Zoning be recommended. Rask seconded the motion. Motion carried unanimously. MARK WOOLSTON - Review concept plan for Antelope Park. Mark Woolston and Dennis Taylor, land surveyor appeared before the Commission. Rask raised the question about the triangle owned by Dennis Moore. It is recommended to have cul-de-sac tight against the Dennis Moore property. Koshak said he changed his mind from the first discussion with Kirmis. He based his first impressions from the public sentiment against the road going thru, etc. 96TH Street is MSA and we can work on designating it MSA all the way thru to #37. Lewis brought up that this is different than originally talked about. Koshak said 96TH and South to Ohland is designated MSA. If you decide to put it an MSA. There was discussion of a lot of driveways entering onto 96TH Street. The Planning Commission meeting before they recommended MSA on 96TH Street South to Ohland to #39. The reason they were concerned was because of the public objection. Roskaft asked about the trails? Paved shoulders on #39 is considered a trail answered Swenson. Kirmis said they had a concept plan for trails from #37 all the way to #42 ultimately. A bike lane on #96th was recommended. We have 66' of right-of-way on 96TH Street now. We would need additional right-of-way for sidewalks stated Koshak. They have to look at drainage and may have some ponding and loose some lots. Koshak said street patterns are OK, and the cul-de-sac needs to be moved - abutt it to the triangle lot of Dennis Moore. Lewis asked CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 4-17-91 8PM - PAGE 8 - if this is in agreement with NAC. Kirmis said originally they liked connection with #37, but changed his mind. Roskaft brought up if #39 is tied up it might be a problem with emergency vehicles. As the plat was drawn is what the Planning Commission agreed upon for streets with exception of the Cul-de-sac. Lot #3, Block 8 was discussed and they need the lot that configeration for the one acre lot size. Koshak asked if he would plat it as one. Woolston said yes. It is only 42 lots. Ponding areas were discussed. Mark Wallace motioned to accept the concept plan with revisions. Carl Swenson and Jim Kolles seconded the motion. Motion carried unanimously. Roskaft brought up the Special Planning Commission Meeting of 4-24-91 with the Comp Plan Only. The May 2, 1991 Planning Meeting was discussed. Roskaft brought up that the 8TH of May, 1991 Planning Commission Meeting Carl Swenson will Chair the meeting as Ing Roskaft will be gone the 8th, 9th and 10th of May, 1991 to attend the Minnesota Planning Association Meeting in Duluth. It was noted that Mark Wallace, Larry Fournier and Carl Swenson will plan to attend a Planning Meeting on 5-2-91 in Rochester. Larry Fournier motioned to adjourn. Carl Swenson seconded the motion. Motion carried unanimously. JAMES R KOLLES, SECRETARY BY: Elaine Beatty Recording Secretary eb Attachment: Letter pertaining to Jones Intercable PIROU inc. April 9, 1991 Mr. Glen Hovland JONES INTERCABLE 30 First Ave. N.E. Buffalo MN. 55313 Dear Mr. Hovland: 1200 N. OAK RD. P.O. BOX 128 PLYMOUTH, INDIANA 46563.0128 (219) 936.4221 FAX (219) 936.6796 Thank you for your inquiry relating to tower design practices and predicted type of failure. The national design code (EIA Standard RS -222-D) requires that the factor of safety of guy wires be greater than the factor of safety in the tower structure itself. For towers 700' or less, the minimum factor of safety on wires is 2.0, while the minimum factor of safety on tower members is 1.25. For towers over 1200' tall, these values are 2.5 and 1.66 respectively. For heights between 700' and 12001, the values are calculated by linear interpolation. The purpose of this disparity is to insure that failure of the structure is predicted before failure of the wires. Structural failure would therefore be predicted to result in collapse of the tower like a "carpenter's rule" in the general area of the base of the tower. The foregoing is with specific reference to tower failures induced by extreme weather conditions. However, tower failure can also result from human misadventure or vandalism. Therefore, security fencing is advisable to protect against accident or vandalism. Should you have any questions, please do not hesitate to contact US. n Sinceie y /�, L, Myron C. Noble, P.E. President MCN/lsc ORDINANCE NO. CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE CITY CODE RELATING TO THE CONSTRUCTION, MAINTENANCE, AND PROVISION OF ESSENTIAL SERVICES AFTER 31 MARCH 1991. THE CITY COUNCIL OF THE CITY OF OTSEGO HEREBY ORDAINS AS FOLLOWS: Section 1. This section shall supersede any procedural requirements in effect prior to the effective date of this Ordinance relating to essential service provisions of the Otsego Zoning Ordinance. Section 2. The Otsego Zoning Ordinance Section 725 is hereby amended by deleting Sections 725.1 through 715.10 and replacing it with the following: _. 725. Essential Services 725.1 Purpose. The purpose of this Section is to provide for the installation of essential services such as telephone lines, pipelines, electrical transmission lines and substations in such a manner that the health, safety and welfare of the City will not be adversely affected. Essential services should also be installed in cognizance of existing and projected demands for such services. 725.2 All telephone lines, pipelines for local distribution, underground electric transmission lines, and overhead electric transmission lines and substations less than 33 KV, when installed in any public right-of-way in any zoning district, shall require a special permit approved by the City Council, upon recommendation from the City Engineer and Zoning Administrator. 725.3 All telephone lines, pipelines for local distribution, underground electric transmission lines, and overhead electric transmission lines less than 33 KV, which are intended to serve more than one (1) parcel and are proposed to be installed at locations other than in public right-of-way, shall require a special permit issued by the City Council after review by the City Engineer and Zoning Administrator. Approval by the City shall be based upon the information furnished in the procedural requirements as outlined in Section 725.4, Installation Requirements: 725.4 Installation Requirements A. Prior to the installation of any of the previous essential services, the owner of such service shall file with the Zoning Administrator, all maps and other pertinent information as deemed necessary for the City to review the proposed project. B. The Zoning Administrator shall transmit the map and accompanying information to the City Engineer or other staff for review and approval regarding the project's relationship to the Comprehensive Plan and/or Ordinances and parts thereof. C. The City staff shall report in writing to the Zoning Administrator their findings as to the compliance of the proposed project with the Comprehensive Plan and Ordinances of the City. D. In considering applications for the placement of essential services, as regulated in this Section, the aforesaid City staff shall consider the effect of the proposed project upon the health, safety and general welfare of the City, as existing and as anticipated; and the effect of the proposed project upon the Comprehensive Plan. In addition, the following specific performance standards shall be reviewed as they may apply to the application: 1) Lot Requirements. All lots must meet the dimensional standards of the Zoning District with respect to width, area, and structure setbacks from property lines. 2) Parking. The site must provide for required off-street parking in conformance with Section 707 of this Ordinance. 3) Building Materials. The essential service buildings must be constructed with exterior building facades that maintain a high standard of architectural and aesthetic compatibility with surrounding properties. 4) Screening and Landscaping. Adequate screening and landscaping from neighboring property is provided in accordance with Sections 704 and 705 of this Ordinance. 2 5) Site Access. Direct lot access from.major collector or arterial streets shall be discouraged and where possible be provided access through shared access arrangement from an existing. curb cut and driveway or a neighborhood use. Direct lot access from a minor collector or local street may be allowed, provided the curb cut access complies with the standards outlined in Section 721 of this Ordinance. 6) Unless otherwise approved by the City Council, all equipment is completely enclosed in a permanent structure with no outside storage. E. Upon receiving the recommendations of the staff, the City Council may issue a special permit for the installation and operation of the applicant's essential services. If the staff reports regarding said permit cause the City Council to deny its issuance, the applicant may appeal said decision to the Board of Appeals and Adjustments under the rules and procedures as set forth in Section 502 of this Ordinance. 725.5 All receiving, pipelines or transmission facilities (i.e., facilities not required for local distributing network) and overhead transmission and substation lines in excess of 33 KV shall be a conditional use in all districts subject to the following requirements: A. Adherence to all applicable Federal Aviation Administration (FAA) and State performance standards. B. The performance standards as specified in Section 725.4.D. of this Ordinance are adhered to. C. The procedural and review standards for conditional use permits are followed as specified in Section 505 of the Zoning Ordinance. D. Any alteration of the existing use (i.e., building expansion, change/intensification in use, etc.) involving items not identified upon approved initial plans shall require a conditional use permit amendment. 3 725.6 All television, audio., or telephone transmission or receiving facilities which exceed the height limits established by the applicable zoning district and exemptions thereto, shall require a conditional use permit subject to the following requirements: A. Adherence to all applicable Federal Aviation Administration (FAA) and State performance standards. B. The performance standards as specified in Section 725.4.D. of this Ordinance are adhered to. C. In no case shall the facilities exceed one hundred fifty (150) feet in height. D. The procedural and review standards for conditional use permits are followed as specified in Section 505 of the Zoning Ordinance. E. Any alteration of the existing use (i.e., building expansion, change/intensification in use, etc.) involving items not identified upon approved initial plans shall require a conditional use amendment. 725.7 Lots reserved specifically for essential services, whether of record, or newly subdivided, may be less than the specified dimensions of the applicable zoning district, both in area and width as a conditional use, under the following conditions: A. The lot is of sufficient dimensions to allow the setbacks from all property lines to be equal to height of the various structures on the parcel or the setback requirements of the district, whichever are greater. Lesser structure setbacks may be allowed by the City Council upon demonstration that the facility's design is such that the collapse of said structure will not endanger surrounding property. In no case shall the setbacks be reduced to less than that required by the individual districts. B. Applications for subdivision of new lots under this provision are accompanied by the appropriate conditional use permit applications. 4 C. A restrictive covenant, removable by the City, is recorded against a parcel which prohibits any sale, transfer, or use other than for an essential service as defined in the City ordinances so long as the parcel is substandard in size, according to the applicable zoning districts. D. In the event of abandonment of the essential service for any reason on the substandard lot all equipment, structures, cables, buildings or any other improvements to the property shall be removed from said property within a period of three (3) months. At the end of three (3) months, if the above listed have not been completely removed, the City may enter said property and remove any of the above listed items and improvements and charge said costs to the owner(s) of the property, and any such unpaid charge shall be a lien against the affected property, including any and all administrative, legal and other fees expended by the City in enforcing this provision. E. The procedural and review standards- for conditional use permits are followed as specified in Section 505 of the Zoning Ordinance. F. Any alteration of the existing use (i.e., building expansion, change/intensification in use, etc.) involving items not identified upon approved initial plans shall require a conditional use permit amendment. Section 3. Section 604.5 (1) b. is hereby amended to read as follows: 604.5 (1) b. This height limitation shall not apply to grain elevator lags, cooling towers, water towers,. chimneys and smokestacks, church spires, electric transmission lines, or private radio or television towers which exceed the maximum height by less than twenty (20) feet. 5 Section 4. This Ordinance shall become effective immediately upon its passage and publication. Adopted by the Otsego City Council this 19 CITY OF OTSEGO BY: Norman F. Freske, Mayor ATTEST: Jerome Perrault, Clerk WHITE - ORIGINAL YELLOW - FILE COPY PINK - C FILE