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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. El 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. 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TOWER ELEVATION NT 15DO9 - 95TH STREET ELK RIVER, MINNESOTA __ Yo MR .ERRm_R�KPo Ri e,+�•_. n --- ---- ------ -- '---------- �A��AAAA LL. (a R M J w a z wzs a w W w o� IANO > z h5 O xC7 LU a o a iii a z CCa ^d 0 0 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