03-05-07 PCITEM 3_1I
• NORTHWEST ASSOCIATED CONSULTANTS, GHt_
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners( nacplanning.com
PLANNING REPORT
TO: Otsego Planning Commission
FROM: Daniel Licht, AICP
RE: Otsego — UPA Substation; T -Mobile CUP/variance
REPORT DATE: 26 February 2007 ACTION DATE: 1 April 2007
NAC FILE: 176.02 — 07.05
BACKGROUND
T -Mobile USA has submitted plans to erect a 120 foot tall tower and Personal Wireless
Service (PWS) antenna upon the United Power Association substation site located
along CSAH 39, east of Ohland Avenue. The Comprehensive Plan guides the subject
site for low density residential uses. The subject site is zoned INS, Institutional District
consistent with the use of the property for an essential service.
Antennas are regulated by Section 33 of the Zoning Ordinance and construction of a
PWS tower and antenna requires consideration of a conditional use permit (CUP)
subject to the requirements of Section 20-33-4.13.2 of the Zoning Ordinance. The
applicant is also requesting a variance from Section 20-33-4.13.2.c(1) of the Zoning
Ordinance to allow the tower to have a height of 120 feet, whereas 75 feet is the
maximum allowed by the Zoning Ordinance.
Exhibits:
A. Site location
B. Existing/proposed coverage analysis
C. Site Plan
D. Enlarged Site Plan
E. Antenna Info and Tower Elevation
F. Power and Grounding Plan
ANALYSIS
Use. The Federal Telecommunications Act of 1996 established that cities must regard
the regulation of PWS towers and antennas as essential services based on provision of
adequate service coverage over a given area. To this end, Section 33 of the Zoning
Ordinance was established to regulate the location of PWS (and other types of
antennas) within the City. The intent of the regulation is to encourage location of PWS
antennas on to existing public structures, such as the City's water towers to minimize
the need for separate tower structures. No existing public structure exists upon which a
PWS antenna could be mounted within the area currently not adequately served. If a
location upon an existing public structure does not provide for adequate service
coverage over a given area, a service provider may propose to erect a tower for their
and other service provider antennas with processing of a CUP. Consideration of the
CUP is to be based upon, but not limited to the following criteria established in Section
20-4-2.F of the Zoning Ordinance:
The proposed action's consistency with the specific policies and provisions of the
official City Comprehensive Plan.
Comment: The purpose of the Comprehensive Plan is to provide for orderly,
gradual urbanization of the City with necessary services expanded to support
new growth. While this goal primarily addresses City provided services, private
utilities such as electricity, gas, telephone etc. are also required. The Federal
Telecommunications Act of 1996 places PWS coverage into the same class of
essential services as those listed previously. In order to ensure that PWS and
other utilities are provided within the City in a manner compatible with existing
and planned land uses, growth staging and other policies, specific performance
standards have been adopted as part of the Zoning Ordinance. The
Comprehensive Plan states that "all private utilities shall comply with the
applicable provisions of the City Zoning and Subdivision Ordinances and the
Comprehensive Plan." No existing public structure exists upon which a PWS
antenna could be mounted within the area currently not adequately served.
Development of the proposed tower and antenna as allowed by the Zoning
Ordinance is consistent with the Comprehensive Plan.
2. The proposed use's compatibility with present and future land uses of the area.
Comment: Location of the tower and accessory equipment will blend in with the
current use of the subject site as an electric substation. Existing trees along the
west property line and one the site generally will screen the lower portion of the
tower and ground located equipment. Compliance with the height limitations for
PWS towers established by the Zoning Ordinance will balance the need to
provide adequate service coverage while minimizing impacts to adjacent
properties.
3. The proposed use's conformity with all performance standards contained in the
Zoning Ordinance (i.e., parking, loading, noise, etc.).
2
Comment: The proposed use will be required to conform to the requirements of
the Zoning Ordinance.
4. The proposed use's effect upon the area in which it is proposed.
Comment. Location of an antenna upon the subject site is necessary to provide
adequate service to areas of the City. From a use standpoint, the proposed
tower will have little effect on the area given the current use of the property for an
electrical substation.
5. The proposed use's impact upon property values of the area in which it is
proposed.
Comment. Although no study has been completed, the proposed use is not
anticipated to negatively impact area property values.
6. Traffic generation by the proposed use in relation to the capabilities of streets
serving the property.
Comment. The proposed use is not anticipated to generate any substantial traffic
that would effect CSAH 39.
7. The proposed use's impact upon existing public services and facilities including
parks, schools, streets, and utilities and its potential to overburden the City=s
service capacity.
Comment: The proposed use is not anticipated to impact to the City's service
capacity, but will provide adequate PWS coverage for areas of the City were
service coverage by this provider is currently lacking.
Coverage Analysis. The applicant has submitted an analysis of PWS coverage in
support of their application. The analysis of existing service coverage shows this
service provider to have a gap in service between in the area generally bounded by
Nashua Avenue, the Mississippi River, CSAH 42 and 85th Street. The analysis of the
coverage area based on construction of the proposed tower and antenna on the subject
site illustrates adequate service generally being available to the same area.
Tower Height. Section 20-33-4.B.2.c(1) establishes a maximum height for PWS towers
of 75 feet. The proposed tower is 120 feet tall. The applicant explains in the coverage
analysis that the height of the proposed tower is necessary to provide coverage with
only one tower and antenna for an area which currently has inadequate service
coverage. To this end, the applicant has requested a variance to allow the proposed
tower height which is to be evaluated based upon (but not limited to) the criteria
established by Section 20-6-2.13 of the Zoning Ordinance:
In considering all requests for a variance and in taking subsequent action, the
Planning Commission and the City Council shall make a finding of fact that the
proposed action will not:
a. Impair an adequate supply of light and air to adjacent property.
b. Unreasonably increase the congestion in the public street.
C. Have the effect of allowing any uses which are prohibited, permit a lesser
degree of flood protection than the flood protection elevation for the
particular area, or permit standards which are lower than those required
by State law.
d. Increase the danger of fire or endanger the public safety.
e. Unreasonably diminish or impair established property values within the
neighborhood, or in any way be contrary to the intent of this Chapter.
Violate the intent and purpose of the Comprehensive Plan.
g. Violate any of the terms or conditions of Item 2, below.
2. A variance from the terms of [the Zoning Ordinance] shall not be granted unless
it can be demonstrated that:
a. Undue hardship will result if the variance is denied due to the existence of
special conditions and circumstances which are peculiar to the land,
structure, or building involved and which are not applicable to other lands,
structures or buildings in the same district or area.
(1) Special conditions may include exceptional topographic or water
conditions or, in the case of an existing lot or parcel of record,
narrowness, shallowness, insufficient area or shape of the property.
(2) Undue hardship caused by the special conditions and
circumstances may not be solely economic in nature, if a
reasonable use of the property exists under the terms of this
Chapter.
(3) Special conditions and circumstances causing undue hardship shall
not be a result of lot or building size, or building location when the
lot qualifies as a buildable parcel.
b. Literal interpretation of the provisions of [the Zoning Ordinance] would
deprive the applicant of rights commonly enjoyed by other properties in
the same district under the terms of [the Zoning Ordinance] or deny the
applicant the ability to put the property in question to any reasonable use.
C. The special conditions and circumstances causing the undue hardship are
not the result from the actions of the applicant.
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d. Granting the variance requested will not confer on the applicant any
special privilege that is denied by [the Zoning Ordinance] to other lands,
structures or buildings in the same district under the same conditions.
e. The request is not a result of non -conforming lands, structures or buildings
in the same district.
The request is not a use variance.
g. The variance requested is the minimum variance necessary to accomplish
the intended purpose of the applicant.
The 75 foot height limit for PWS antennas is intended to balance the relationship
between tower height and number of towers needed to provide adequate service
coverage of the City against potential impacts to the immediate area in which a tower is
located. The height limits also addresses concerns about community aesthetics. In
establishing the 75 foot height limit, the Planning Commission and City Council have
made a policy decision as to the appropriate balance of these considerations to be
imposed on all PWS towers within the city.
T -Mobile did receive approval of a conditional use permit on 22 March 2004 to allow
location of a PWS antenna upon the existing tower at the northeast corner CSAH 37
and Odean Avenue. This tower is 100 feet tall, but was constructed prior to adoption of
the City's current antenna and tower regulations on 24 February 1997. Therefore, that
tower is defined as being a legal non -conforming structure under Section 15 of the
Zoning Ordinance that may continue to be utilized with the intent that it will someday be
brought into compliance with current regulations. As such, the tower at CSAH 37 and
Odean Avenue is not a consideration supporting a variance in this case.
The applicant's coverage analysis describes that adequate service can be provided to
the same area based on a 75 foot tower installed at this site if additional towers are
located within the City. As such, provision of adequate service coverage is not being
prevented by compliance with the Zoning Ordinance and the applicant's analysis fails to
demonstrate a hardship in complying with the 75 foot height limit. Approval of the
variance request is inconsistent with the intent of the Zoning Ordinance to limit the
height of PWS towers to 75 feet to minimize impacts on adjacent properties and
community aesthetics. Furthermore, the need to provide additional towers and
antennas for service coverage over the same area is fundamentally an economic issue
for the service provider, which is not justification for approval of a variance when
reasonable options exist for compliance with the Zoning Ordinance. Our office
recommends the variance be denied and that a condition of approval for the CUP be
that the tower height is reduced to 75 feet.
Site Plan. A site plan has been submitted showing the proposed tower and ground
mounted accessory equipment cabinets to the northwest of the electric substation,
along the west property line. The following issues pertain to the proposed site
development:
■ Setbacks. The table below outlines setbacks applicable to the INS zoned subject
site and the location of the proposed PWS tower and accessory equipment:
CSAH 39
East
South
West
Required 30ft.
50ft.
100ft.
50ft.
Proposed 45ft.
260ft.
130ft.
20ft.
As shown above, the proposed use does not comply with the required 50 foot
setback from the west property line. The site plan must be revised to locate the
proposed tower and all accessory equipment in compliance with required setbacks
of the INS District. The setback from CSAH 39 is based on the easement granted
for the future right-of-way for CSAH 39 to accommodate a four lane divided highway
consistent with the Northeast Wright County Transportation Plan.
Section 20-33-4.B.2.c of the Zoning Ordinance further requires that PWS towers be
setback from any adjacent residential dwelling a distance equal to the height of the
tower. The submitted site plan includes measurements to surrounding residential
dwellings abutting the site. The closest residential dwelling, located to the northwest
of the subject site across CSAH 39 is 222 feet away. The closest residential
dwelling to the west property line is 303 feet from the proposed location of the tower.
As such, the proposed tower location complies with this requirement and will
continue to comply with the requirement when the tower is relocated further to the
east to meet the side yard setback requirement from the west property line.
Access. The subject site is currently accessed off of a single driveway to CSAH 39.
The site plan shows that United Power Association would grant T -Mobile an access
easement over the existing driveway with a westerly extension of the gravel surface
to the tower location and equipment. There is sufficient space within the expanded
gravel surface and easement for a service vehicle to access the site and park.
Consistent with the existing CUP regulating the use of the property as a electric
substation, no overnight parking of service vehicles will be allowed.
Security. Section 20-33-4.A.2.e of the Zoning Ordinance requires a PWS tower and
accessory equipment to be secured within an eight foot tall fence that is 50 percent
opaque for screening purposes. The enlarged site plan identifies an eight foot tall
chain link fence with three strands of barbed wire at the top surrounding the tower
and accessory equipment. The proposed fence addresses the security aspects of
the Zoning Ordinance provision, but not the screening requirement. With the type of
fence proposed, the primary option for making the fence opaque is plastic or metal
slats woven into the chain link. While this approach may meet the screening
requirement, it isn't necessarily positive from an aesthetic standpoint. However, in
that there are existing trees on the subject site that will screen the tower and
equipment from view of adjacent properties to the west, south and east, the addition
of tall shrubs on the north side of the location would be sufficient to meet the intent
of the Zoning Ordinance while also improving aesthetics.
0
RECOMMENDATION
The submitted application adequately demonstrates a need for additional PWS
coverage in the area of the City that would be served by a proposed new tower and
antenna upon the subject site. There are two issues with the application that must be
addressed: First, it is City staff's opinion that the criteria for approval of a variance
outlined by the Zoning Ordinance have not been met by the application and that the
height of the tower is to be reduced to 75 feet. Second, the site plan must be revised
such that the tower is located at least 50 feet from the west property line in compliance
with INS District setback requirements. Our office recommends that the request for the
variance be denied and the request for the CUP be approved subject to the conditions
outlined below.
POSSIBLE ACTIONS
Decision 1 —Variance
A. Motion to approve a variance allowing construction of a PWS tower to a height
of 120 feet based on a finding that the applicant has demonstrated undue
hardship caused by compliance with the established 75 foot height restriction
imposed by the Zoning Ordinance.
B. Motion to deny the variance application based on a finding that:
Approval of the variance is inconsistent with the intent of the Zoning
Ordinance to limit the height of PWS towers to avoid potential impacts to
adjacent properties.
2. Adequate service coverage can be accomplished with placement of
additional PWS antennas indicating that compliance with the Zoning
Ordinance does not cause the applicant undue hardship.
3. The basis for the variance request is related to the additional economic
costs associated with installation of additional PWS towers and antennas
to provide adequate service coverage for the area.
C. Motion to table.
Decision 2 — Conditional Use Permit
A. Motion to approve a conditional use permit for construction of a PWS tower and
antenna subject to the following stipulations:
1. The height of the tower shall not exceed 75 feet.
7
2. The location of the tower shall be revised to comply with the setbacks
applicable within the INS District, subject to approval of City staff.
CSAH 39
East
South
West
30ft.
50ft.
100ft.
50ft.
3. The tower shall be painted silver or have a galvanized finish.
4. There shall be no overnight parking of PWS provider vehicles on the
subject site.
5. A landscape plan providing for installation of tall shrubs along the north
side of the fenced tower and accessory equipment area and driveway
access shall be provided and is subject to approval of City staff.
C. Mike Robertson, City Administrator
Judy Hudson, City Clerk/Zoning Administrator
Andy MacArthur, City Attorney
Ron Wagner, City Engineer
Steve Edwards, on behalf of T -Mobile USA
E
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Anon
Andersders
1 on 3601 Thurston Avenue, Anoka, MN 55303 30
Assoc., Inc. FUM—2
Phone: 763/427-5860 Fax: 763/427-0520 ,
MEMORANDUM
To: Honorable Mayor and City Council
cc: Mike Robertson, Administrator
Judy Hudson, Clerk
Dan Licht, NAC
Andy MacArthur, City Attorney
Ronald Wagner, P.E. City Engineer
Steve Edwards, T -Mobile, USA
Michael Hachey, P.E. T -Mobile, Minneapolis
From: Brent Larson, E.I.T.
Date: February 28, 2007
Re: T -Mobile Antenna
We have reviewed the Construction Plans, dated 1/11/07, for the above -referenced project and would offer
the following comments:
1. Location of boundary lines in relation to a known section, quarter section, or quarter -quarter section
lines comprising a legal description of the property. Boundary lines shall include bearings,
distances, and any curve data.
2. Please include the names of the contact person(s) for each of the involved parties listed as the
Project Team on the cover sheet.
3. Existing zoning classifications for land in and abutting the subdivision.
4. Location, size, and elevations of existing culverts and other underground facilities or utilities within
150' of the projects boundaries. Attached is an exhibit of City of Otsego's Gopher State One map
for the surrounding area.
5. Boundary lines of adjoining unsubdivided or subdivided land, identified by name and ownership.
6. It is difficult to read the spot elevations and contour elevations depicted on the I I" x 17" site plan.
7. Label the widths of bituminous streets, driveways, and R.O.W. for adjacent roads.
8. It would be help full to depict the Packard Avenue NE intersection at CSAH 39 to the northeast to
aid in relating the location of the site along CSAH 39.
C:\Documents and Settings\Tami\Local Settings\Temporary Internet Files\Content.IE5\GHADXDY9\ot2500 T -Mobile
rvw1.l.doc
ITEM 3_2
NORTHXWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners(a,nacplanning.con-
MEMORANDUM
TO: Otsego Planning Commission
FROM: Laurie Shives / Daniel Licht
DATE: February 28, 2007
RE: Otsego — Zoning Ordinance; Interim Uses
FILE: 176.08
BACKGROUND
The City Council has directed the Planning Commission to review conditional uses
within the existing zoning districts to determine if there are some uses that should be
made to be interim uses. This memorandum briefly explains the purpose and intent of
interim use permits within the City and makes recommends revising the Ordinance to
include additional uses as interim uses where appropriate.
ANALYSIS
Conditional Uses. Conditional uses are those uses that may be appropriate within a
given zoning district subject to conformance with performance standards intended to off
set specific characteristics that may cause a negative impact to the area or surrounding
properties. An example of a conditional use is a convenience gas station, which due to
its on site activity and traffic generation is subject to specific performance standards to
ensure proper access, circulation and screening from surrounding properties.
Conditional uses are considered to be "allowed" based on compliance with the
performance standards set forth by the Zoning Ordinance and the action by the
Planning Commission and City Council regarding conditional use permits defined as
judicial actions. The applicant has a right to approval of the conditional use permit if
they adequately demonstrate compliance with the established performance standards
and the decision of the Planning Commission and City Council must be based on
compliance with those specific performance standards. By ordinance, conditional use
permits are voided if the use is terminated and not reestablished within one year.
Interim Uses. Prior to the development of the interim use permit, most cities used
conditional use permits as a way to put a time limit or "expiration date" on uses that the
city wanted to be able to control more effectively. However, as more and more
conditional use permits were issued with expiration dates, the matter was challenged
and the Attorney General made the finding that time limits could not be placed on
conditional use permits. Issuance of a conditional use permit runs with the property and
may be continued even if ownership of the property changes or the area surrounding
the property changes.
Subsequently, the Legislature amended State Statutes 462.3597 to provide for an
interim use permit to allow cities to impose conditions in the manner of a conditional use
permit while also setting an expiration date for a use permit based on a date or an
event. The interim use permit was intended to be a tool for cities to use to place
restrictions on uses which, as time went on, would no longer be consistent with the
City's general character and Comprehensive Plan.
As stated in Section 20-5-1 of the City's Zoning Ordinance, there are generally three
purposes for an interim use permit; to allow a use for a brief period of time until a
permanent location is available, to allow a use or activity that is presently acceptable,
but that with anticipated development or redevelopment may not be acceptable in the
future and to allow a use which is reflective of anticipated long range changes to an
area and which is in compliance with the Comprehensive Plan. Within the Otsego
Zoning Ordinance, interim use permits are evaluated based upon the same criteria as
conditional uses established by Section 20-4-2.F of the Zoning Ordinance. Termination
regulations for interim uses within the City are outlined in Section 20-5-4 of the
Ordinance and state that an approved interim use shall terminate on the happening of
any of the following events, whichever first occurs:
A. The date stated in the permit.
B. Upon violation of conditions under which the permit was issued.
C. Upon change in the City's zoning regulations which render the use
non -conforming.
D. The redevelopment of the use and property upon which it is located
to permitted or conditional use as allowed within the respective
zoning district.
General standards for interim uses are outlined in Section 5 of the Zoning Ordinance.
This section states that existing uses allowed by interim use must be in conformance
with zoning and building standards in effect at the time of initial construction and
development and shall continue to be governed by such regulations in the future. New
interim uses must also conform to all zoning regulations, have a clearly defined date of
termination, have conditions outlined and imposed by the City Council for the use and
INA
shall not impose additional costs on the public if it is necessary for the public to take or
acquire the property in the future. Both existing and new interim uses must be
compatible with surrounding uses and the architectural character and design standards
of existing uses and development within the City. Furthermore, these uses must
conform to the established conditional use permit criteria as outlined in Section 20-4-2.F
of the Zoning Ordinance.
Zoning Districts. The Otsego Zoning Ordinance was adopted on April 13, 1992
establishing various Zoning Districts that set forth both conditional and interim uses.
The following table outlines existing interim uses allowed in the City as well as uses
presently identified as conditional uses, which may be more appropriate as interim uses.
Conditional uses staff is recommending to be changed to interim uses are underlined.
These recommendations are based on potential long-term compatibility issues with
certain uses as well as the amount of investment to establish certain uses and whether
those investments dictate the need for a conditional use permit.
Zoning District
Interim Uses
Conditional Uses
A-1
Mobile Homes
Government/public buildings
Agricultural -Rural
Home extended businesses
Commercial riding stables
Service District
Non-farm produce sales
Cemeteries
Mining, sand, gravel extraction
Commercial outdoor recreation
Residential lot sizes > 2'/z acres
Single-family density transfer
Personal wireless service towers and antennas
A-2
Mobile Homes
Government/public buildings
Agricultural -Long
Home extended businesses
Commercial outdoor recreation
Range Urban Service
Cemeteries
District
Mining, sand, gravel extraction
Temporary seasonal sales (farms only)
Single-family density transfer
Personal wireless service towers and antennas
Residential lots < 20 acres
R -C
None
Government/public buildings
Residential -Rural Open
Commercial outdoor recreation
Space Cluster District
Cemeteries
Temporary seasonal sales (farms only)
Keeping of horses and farm animals
Planned Unit Developments
Personal wireless service towers and antennas
Transfer of development rights
R-1
Home extended businesses
Commercial outdoor recreation
Residential -Long
Keeping of horses
Government/public buildings
Range Urban Service
Planned Unit Developments
District (River
Personal wireless service towers and antennas
Frontage)
R-2
Model homes
Government/public buildings
Residential -Long
Farms, farmsteads and farming
Public/Semi-public recreation buildings, public
Range Urban Service
Keeping of horses
and private schools and religious institutions
District (Large Lot)
Planned Unit Developments
Personal wireless service towers and antennas
R-3
Model homes
Government/ ublic buildings
Residential -Long
Farms, farmsteads and farming
Public/Semi-public recreation buildings, public
Range Urban Service
Home extended businesses
and private schools and religious institutions
District (General)
Planned Unit Developments
Personal wireless service towers and antennas
R -4A
Model homes
Public/Semi-public recreation buildings, public
Residential -Suburban
Farms, farmsteads and farming
and private schools and religious institutions
Single Family District
Home extended businesses
Government/public buildings
Planned Unit Developments
Personal wireless service towers and antennas
R-4
Model homes
Single family lots < 12,000 square feet
Residential -Urban
Farms, farmsteads and farming
Public/Semi-public recreation buildings, public
Single Family District
Home extended businesses
and private schools and religious institutions
Government/public buildings
Planned Unit Developments
Personal wireless service towers and antennas
R-5
Model homes
Single family lots < 12,000 square feet
Single and Two Family
Farms, farmsteads and farming
Public/Semi-public recreation buildings, public
District
Home extended businesses
and private schools and religious institutions
Government/public buildings
Planned Unit Developments
Two Family Detached Dwellings
Personal wireless service towers and antennas
Manufactured Home Parks
R-6
Model homes
Government/public buildings
Residential -Medium
Farms, farmsteads and farming
Planned Unit Developments
Density District
Home extended businesses
Personal wireless service towers and antennas
Manufactured Home Parks
R-7
Model homes
Swimming pools
Residential -High
Farms, farmsteads and farming
Public/Semi-public recreation buildings, public
Density District
Home extended businesses
and private schools and religious institutions
Halfway houses
Nursing homes and similar group housing
Elderly (senior citizen) housing
Planned Unit Developments
Personal wireless service towers and antennas
Manufactured Home Parks
R -MH
None
Personal wireless service towers and antennas
Manufactured Housing
Residential District
R -B
None
Medical offices and clinics, dental offices and
Residential/Business
clinics, professional offices and commercial
District
(leased) offices, veterinary clinics (no outside
kennels) and funeral homes and mortuaries
Retail commercial activities
Nursing homes and similar group housing
Elderly (senior citizen) housing
Swimming pools
Halfway houses
Planned Unit Developments
Personal wireless service towers and antennas
B-1
Farms, farmsteads and farming
Commercial planned unit developments
Neighborhood
Home extended businesses
Personal wireless service towers and antennas
Business District
B-2
Farms, farmsteads and farming
Drive-in and convenience food establishments
Highway Business
Home extended businesses
Commercial car washes
District
Motor vehicle fuel sales, truck stop, auto repair -
minor and tire and battery stores and services
Convenience store with gas sales
Accessory, enclosed retail, rental or service
Commercial planned unit developments
Personal wireless service towers and antennas
Motor vehicle sales, leasing and rental
B-3
Farms, farmsteads and farming
Commercial planned unit developments
General Business
Home extended businesses
Drive-in and convenience food establishments
District
Commercial car washes
Motor vehicle fuel sales, truck stop, auto repair -
minor and tire and battery stores and services
Convenience store with gas sales
Accessory, enclosed retail, rental or service
Personal wireless service towers and antennas
B -W
Farms, farmsteads and farming
Open and outdoor storage
Business/Warehousing
Home extended businesses
Open or outdoor service, sale and rental
District
Manufacturing, compounding, assembly,
packaging, treatment or storage of products and
materials
Planned Unit Developments
Personal wireless service towers and antennas
B -C
Farms, farmsteads and farming
Manufacturing, compounding, assembly,
Business Campus
Home extended businesses
packaging, treatment or storage of products and
District
materials
Warehousing/indoor storage
Planned Unit Developments
Personal wireless service towers and antennas
1-1
Farms, farmsteads and farming
Open or outdoor service, sale and rental
Limited Industrial
Home extended businesses
Accessory, enclosed retail, rental or service
District
Temporary structures
Open and outdoor storage
Planned Unit Developments
Commercial and public radio and television
transmitting antennas
Physical recreation or training facilities
1-2
Farms, farmsteads and farming
Open or outdoor service, sale and rental
General Industrial
Home extended businesses
Accessory, enclosed retail, rental or service
District
Storage, utilization or manufacturing of materials
or products which would decompose by
demolition, refuse and garbage disposal, crude
oil, bulk fuel, gasoline or other liquid storage
Open and outdoor storage
Planned Unit Developments
Commercial and public radio and television
transmitting antennas
Commercial, private and public satellite dish
transmitting or receiving antennas
Commercial truck washing
Commercial truck service
Commercial semi -tractor or semi -trailer,
construction or agricultural implement sales,
leasing and rental
Physical recreation or training facilities
Criteria. The criteria evaluation of conditional use permit and interim use permit
applications is set forth in Section 20-4-2.F of the Zoning Ordinance (and also for
Zoning Ordinance/Map amendments in 20-3-2.F of the Zoning Ordinance). These
criteria include the effects on property values as one of the factors to be considered.
City staff has advised the Planning Commission and City Council in the past not to use
the effects to property values as a basis for land use decisions. Using property values
as a basis for a land use decision requires a detailed study prepared by a certified real
estate appraiser. However, even appraisals are a subjective, qualified analysis of a
property's value and different outcomes are common for appraisals of the same
property by different appraisers. Thus, it is difficult for a City to make a specific finding
as to the effects of a proposed use on area property values related to a decision for a
development application. To this end, our office recommends amending the criteria
established in Sections 20-3-2.F and 20-4-2.17 of the Zoning Ordinance as follows:
The proposed action's consistency with the specific policies and
provisions of Otsego City Comprehensive Plan.
2. The proposed use's compatibility with present and future land uses
of the area.
3. The proposed use's conformity with all performance standards
contained in the Zoning Ordinance
or other applicable provision of the City Code.
T-6 Hi
ivhieh 'i
64. Traffic generation by the proposed use in relation to the capabilities
of streets serving the property.
=75. The proposeduse's
existing public services and facilities " ,
and if& will not overburden the
City's service capacity.
In addition to striking the criteria related to property values, we also suggest two other
modifications. The first is to eliminate the criteria regarding the effect of a use to the
area in which it is proposed as being redundant of the first two criteria. The second
additional change is to generalize the last criteria regarding the impact to the City's
service capacity. This change specifically eliminates potential impacts to schools as a
criteria as decisions effecting the provision of school services within the City are beyond
the control of the City Council.
I
CONCLUSION
This memorandum provides an overview of conditional and interim uses within the City
and recommends amendments to the Zoning Ordinance to change certain conditional
uses to interim uses based on potential long-term compatibility issues and the need of
the City to be able to establish a certain termination date. Additional amendments
regarding the criteria for considering conditional use permit and interim use permit (and
Zoning Ordinance/Map amendment) applications are also recommended so as to be
consistent with City practices. The Planning Commission will discuss these issues at
their meeting on March 5, 2007. City staff is seeking direction to draft a formal
amendment to the Zoning Ordinance prior to a public hearing that has been noticed for
the Planning Commission meeting on March 19, 2007.
C. Mike Robertson
Judy Hudson
Andy MacArthur
Ron Wagner