07-17-96 PCFN
A C
Northwest Associated Consultants, Inc.
C O M M U N I T Y PLANNING e DESIGN MARKET R E S E A R C H
PLANNING REPORT
l�
FROM:
DATE:
RE:
FILE NO:
EXECUTIVE SUMMARY
Background
Otsego Mayor and City Council
Otsego Planning Commission
Bob Kirmis/David Licht
10 July 1996
Otsego- U.S. West Cellular Tower CUP
176.02 - 96.14
U.S. West Cellular has requested a conditional use permit to allow the construction of a
100 foot self-supporting tower and cellular antenna upon a 2,500 square foot (50 foot by
50 foot) lease parcel located south of County Road 37 (65th Street) and west of Kadler
Avenue. In conjunction with the tower construction, a 288 square foot (12 foot by 24 foot)
equipment building has also been proposed.
The lease parcel in question lies within a larger + 35 acre parcel addressed as 6155
Kadler Avenue NW. According to the Zoning Ordinance, telephone transmission or
receiving facilities which exceed the height limits of the applicable zoning district require
the processing of a conditional use permit.
The subject property is zoned A-1, Agricultural Rural Service, which establishes a
maximum height requirement of 45 feet.
Recognizing the current existence of a 250 foot tower upon the property, approval of a
planned unit development conditional use permit is also necessary to accommodate more
than one principal structure upon a single lot of record.
5775 Wayzata Blvd. - Suite 555 - St. Louis Park, MN 55416 • (612) 595 -9636 -Fax. 595-9837
Attached for reference:
Exhibit A - Site Location
Exhibit B - Detailed Site Location
Exhibit C - Site Survey
Exhibit D - Site Plan
Exhibit E - Site Plan Detail
Exhibit F - Tower Elevation
Recommendation
The proposed 100 foot antenna support structure is to be located upon a site within 600
feet of two existing transmission towers. Obviously, a co -location of the proposed antenna
represents a preferred alternative in regard to adjacent property impact.
In consideration of the requested CUP, an initial determination should be made by the City
as to whether or not the proposed use can be "reasonably" accommodated if co -location
were to be required.
If the City determines that a co -location requirement would deny reasonable opportunity
for existence of the tower, (in the proposed area), our office would recommend approval
of the requested conditional use permit subject to the following conditions:
1. The City approve a planned unit development conditional use permit to
accommodate multiple principal structures upon a single lot of record.
2. The tower is designed and constructed to accommodate other users (i.e., police,
fire, other cellular companies).
3. Verification of the antenna support towers "collapsible" design is provided to the
City.
4. The City Engineer provide comment and recommendation in regard to tower site
access issues and easement acceptability.
5. The proposed equipment building comply with applicable building material
requirements.
6. No advertising messages are affixed to the antenna structure.
2
7. No outdoor storage is provided on site, excepting materials determined by the City
to be customary and incidental to the principal use.
8. Additional landscaping is provided along the tower site's eastern boundary (visible
from Kadler Avenue). Specific landscaping varieties shall be subject to City
approval.
9. Any other comments of City staff.
ISSUES ANALYSIS
Conditional Use Permit. According to Section 20-32-5.13 of the Zoning Ordinance, all
television, audio, or telephone transmission or receiving facilities which exceed the height
limits established by the applicable zoning district require the processing of a conditional
use permit. As mentioned previously, the proposed 100 foot support structure and cellular
antenna exceed the maximum 45 foot height imposed in the applicable A-1 Zoning District.
In consideration of conditional use permit requests, Section 20-4-2.F of the Zoning
Ordinance directs the Planning Commission and City Council to consider the proposed
conditional use. Their judgement shall be based upon, but not limited to, the following
factors:
The proposed action's consistency with the specific policies and provisions of the
official 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 herein
(i.e., parking, loading, noise, etc.).
4. The proposed use's effect upon the area in which it is proposed.
5. The proposed use's impact upon property values of the area in which it is proposed.
6. Traffic generation by the proposed use in relation to capabilities of streets serving
the property.
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.
W
Co -Location. As shown on Exhibit D, the proposed cellular tower site lies within 600 feet
of two existing transmission towers. Specifically, a 250 foot WDAY tower lies directly
south of the proposed U.S. West site (upon leased land). To the southwest of the
proposed U.S. West tower site is a United Power Association transmission tower which
measures 260 feet in height and lies upon a non -conforming subdivided parcel.
Considering that two antenna support structures currently lie proximate to the subject
property, all efforts possible should be made to co -locate the U.S. West antenna upon one
of the existing structures. Such co -location is considered positive by making more
efficient use of the existing towers and avoiding possible adverse impacts.
According to the 1996 Telecommunications Act, cities must "reasonably" accommodate
communication facilities such as that being proposed by U.S. West. This issue will be
subject to forthcoming comment by the City Attorney.
If the City feels the construction of a new tower is justified, it should be constructed in a
manner conducive to future co -location of antennas by other uses (i.e., police, fire, other
cellular companies, etc.).
Essential Service Provisions. Telephone transmission and receiving facilities such as
that being proposed are considered "essential services". When such facilities exceed the
maximum height limits of the applicable zoning district, the processing of a conditional use
permit is required. If allowed, the proposed U.S. West cellular tower would constitute the
second transmission tower erected upon the subject property. Both towers would lie upon
leased land. A third tower (the United Power Association tower) lies upon a separate
parcel of land with access to the property being provided via an easement.
Of particular issue is the escalation of the property use to the intensity of an "antenna
farm". To comprehensively address multiple principal structures on a single lot of record,
the processing of a planned unit development conditional use permit is necessary.
Land Use Compatibility. Generally speaking, the concept of "grouping" antennas and
their support structures in a single location is considered highly positive. The proposed
U.S. West antenna is of a significantly lower height than that of the neighboring antennas
(100 feet versus ± 250 feet) and will not increase the impacts of the pre-existing antennas
located in the area.
Setbacks. According to the Zoning Ordinance, setbacks for essential service structures
must be equal to the height of the structure or the district setbacks, whichever are greater.
Lesser setbacks may be allowed upon demonstration that the structure is of a "collapsible"
design and will not endanger surrounding property. As shown on the submitted site plan,
the tower is to be set back greater than 100 feet (tower height) in all directions.
Ell
The applicants have indicated that the subject transmission tower is to be "collapsible" in
nature. While "required" setbacks have been satisfactorily met, documented verification
of the tower's collapsible design should be provided to the City.
Property Lease. While the leasing of property to accommodate the proposed tower
construction is considered an issue, such lease arrangement will result in the existence
of multiple principal structures upon a single lot of record. According to Section 20-16-3.0
of the Ordinance, not more than one principal building (structure) may be located on a lot
except via planned unit development. Thus, approval of a planned unit development
conditional use permit is necessary to accommodate the proposed use.
Site Access. As shown on Exhibits C and E the proposed tower is to be accessed via a
12 foot wide easement from Kadler Avenue. Issues relating to easement acceptability
should be subject to comment and recommendation by the City Engineer and attorney.
Equipment Building. As noted previously, a 2,500 square foot (12 feet by 24 feet)
equipment building has been proposed in conjunction with the tower construction. As a
condition of CUP approval, such structure must satisfy applicable building material
requirements of Section 20-17-4 of the Zoning Ordinance.
Signage. Considering the proposed support structure's height and proximity to Interstate
94, such tower may provide an opportunity for advertising. As a conditional of CUP
approval, no advertising messages may be affixed to the antenna structure.
Fencing. The Zoning Ordinance does not provide specific dimensional requirements for
fencing associated with essential service structures. In this regard, such fencing is
considered and processed as a "special purpose fence". According to Section 20-16-61
of the Ordinance, fences for special purposes which differ in construction height or length
(from residential, commercial or industrial uses) may be allowed via the issuance of a
conditional use permit.
According the submitted tower elevation (Exhibit F), a seven foot high chain link fence is
to be provided around the perimeter of the site. Such fencing is considered acceptable.
Outdoor Storage. It has not been indicated whether the area to be fenced is to be
utilized for outdoor storage. As a condition of CUP approval, outdoor storage is to be
prohibited, excepting materials determined by the City to be customary and incidental to
the antenna tower use.
5
Landscaping. As shown on Exhibit E, the proposed cellular tower site is to be
landscaped along its northern boundary. Specifically, a row of Austrian Pine trees have
been proposed. While such landscaping efforts are considered positive, it is
recommended that additional plantings be provided along the tower site's northern
boundary (along Kadler Avenue). Such landscaping should be subject to City approval.
CONCLUSION
An initial issue in consideration of the requested CUP application is whether or not the
proposed use can be 'reasonably" accommodated via co -location of the proposed antenna
upon an existing site tower. Should the City determine that the proposed use cannot be
reasonably accommodated by requiring co -location, our office would recommend approval
of the requested conditional use permit subject to the conditions listed in the Executive
Summary of this report.
pc: Elaine Beatty
Andy MacArthur
Larry Koshak
Kent Sticha, U.S. West
C:1
EXHIBIT A - SITE LOCATIO
EXHIBIT B - DETAILED SITE LOCATION
•.ML
N
e
i
4. MIA /
we . on. ` . IOU
-mJ
N8855'22-E. . MIA
zo so 50.00 ..n.:
!
W g
FEET
e �
MMr �• QP '
Is
S88455'22•w
■ `�� 'I s`i I 50.00
.M.w � qq /
ML.
lb
g moi,' � ,-/•. - (.�� I/,• qqb „�~/ / __ ,' if /♦
cop
Y '' qq`•
q
• I � / ' • eear
V«r
. MY \ I ..Me •�
. in .Mil . • .M.e
'
c•-- — _ _ —.r — — — —..—�_ — _ _ _ �__ _ —�5� 1 - —� M -r
►earosiv AN rauoH 779.E
oni.L.M AMICS
..o.css r tcft= asa.w7 `
iyooruFOCI
_/(.N _- 0
EXHIBIT C . -SITE SURVEY
m
X
v
A
-i
m
r
D
FARMSTEAD
CITY OF OTSEGO
I
EXISTING WDAY TOWER
(250 FT) .
EXISTING UNITED POWER TOWER
(260 FT)
r
134.00
"opom
VAtl
Pmcm
-� v—rnwwo
/f rt.
II
II
III
II
,
b
\ it
II
I
ousneo �o rt,� I
,OEM
.eoroso is rt
FF,
(r-
I
III
I
EXISTING WDAY TOWER
(250 FT) .
EXISTING UNITED POWER TOWER
(260 FT)
r
NOTE:
GEOTEXTILC ME917 BARRICR
SHALL Sr. PLACED BELOW ALL
AREAS NOTED ON PLAN AS
GRAVEL SURPACE GRAVEL.
CRUSHED ROCK (NO/ FINES) AN
GRAVEL SUR Arom.
I I
1
o�
.oil
C; 11
PARKIK& %AREA
3RAVEL ,SURFAGt - i'
-AUSTKIAN PINI:
1, - b'
100' SELF-SUPPORT
CL'LLULAR TOYCR
_ CONGRVr- PAD
TOrMIC• . FOUNDATION
'12' X Z4' 2 PREFAB
AIRTOUCH CELLULAR
EOUIPMSNT, SUILDIN6
AUSTRIAN PINE
1' - 6 -
EXHIBIT E - SITE PLAN DETA
CHAIN LINK FCNC!
W/ 12' &ATI!
F.1.F.VATION
RT
FA9
LULAR
IILDIN&
EXHIBIT F - TOWER ELEVATION
William S. Radzwill
redrew J. MacArthur
Michael C. Couri
Megan M. McDonald
July 17, 1996
RADZWILL & COM
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Michael, MN 55376
(612) 497-1930
(612) 497-2599 (FAX)
Planning Commission Members
City of Otsego
c/o Elaine Beatty, City Clerk
8899 Nashua Avenue NE
Elk River, MN 55330
RE: U.S. West Cellular Tower CUP
Dear Planning Commission Members:
Since my last correspondence I have spoken with the applicant and
have received the attached information both from the League of
Cities and the applicant relative to their application for a
Conditional Use Permit for the construction of a cellular tower.
The Telecommunications Act of 1996 does not effect the ability of
the City to review the proposed CUP using its normal criteria.
However, local regulation cannot be based upon the environmental
effects of radio frequency emissions. Appeal of any denial of a
local application can also be made to either State or Federal Court
on an expedited basis. Also, any denial must be made upon a
substantial written record.
The City does have a legitimate concern in attempting to limit the
number of towers in the City. The utility does have a duty to enter
into good faith negotiations for co -location of facilities. It is
proper for the Planning Commission to inquire into these matters to
ascertain whether or not there were such negotiations and what the
reasons were for constructing a separate facility rather than co -
location.
In my conversation with Mr. Sticha he indicated that discussions
were held with the owners of the other towers in the area and that
they did not want to provide co -location because of safety concerns
and because of the age of the existing towers. I did indicate to
Letter to Otsego Planning Commission
July 17, 1996
Page 2
him that he should be prepared to address these issues at the
hearing this evening.
I have attached to this letter Section of the Act and summaries
received from both the applicant and the League of Cities.
It is my opinion that the City can only deny the request if it was
determined that no efforts at negotiating co -location were
undertaken, or that there are no legitimate reasons which would
prevent co -location.
Based upon the above, review of the Planner's report, and the
existing City ordinances I would concur with the City Planner's
recommendation contained in that report dated July 10, 1996.
The issue of these cellular towers and wireless communications and
City regulation of the same may be a matter that the City should
review since they will quite probably get more of these requests.
If you have any questions or concerns please feel free to contact
me.
Very t ly yours,
A rew J./ 'MacArthut
RADMILL -4 COURI
Encls.
cc: Bob Kirmis, NAC
Larry Koshak, Hakanson Anderson
Kent Sticha, US West
JUL 17 196 11:19 FF' U S '.JEST ,UJG AIPTCUCHGL2' 59'5 =080 TO ?d9^ 599 P.0?•'04
FACILITIES SITING FOR PERSONAL WIRELESS SERVICES
(SECTION 704)
Saloainar�l
State and loom authority over the plac-ement, construction and modification of personal
wireless services (CMRS and unlicensed wireless services) shall not protabit ar have the
effect of prohibiting personal wirefess services or unreasonably discriminate among
providers of functionally equivalent services. dVhft Stats and local zoning authorities
retain their tights over hand use, their actions cannot have the effect of banning wireless
services or picking and choosing among similar wireless providers.
Localities must act an requests made fbr siting in a reasonable period of time and any
decision to deny must be in writing and supported by substantial evidence.
Appeals of zoning decisions that fail to comply with the provisions of this section can be
made to the court of competent jurisdiction which can be either Federat district or State
court Courts must hear and decade these cases on an expedited basis,.
State and local authorities cannot regulate personal wireless facilities on the
environmental effects of radio frequency emissions if those fatalities comply with the
Federal stamdard. in this regard the Ccmnussion is directed to complete its rulemaking
on RF emissions within 180 days after the bill has been signed kft law.
Finally, the Act codifies the existing Presidential memorandum on the use of Federal
lands for siting wiretess facilities by requiring the President or his designee to establish
procedures whereby Fsderal agencies will make available their properties, rights of
ways and other easements at a fair and reasmable price for services dependent upon
Federal spectrum.
Telecommunications Act of 1996
SEC. 704. FACILMS SITING; RADIO FREQUENCY EMISSION STANDARDS.
(a) NATIONAL WIRELESS TELECOMMUNICATIONS SITING POLICY Section
332(c) (47 U.S.C, 332(c)) is amended by adding at the end the following new
paragraph:
"(7) PRESERVATION OF LOCAL ZONING AUTHORilY-
0(A) GENERAL AUTHORITY- Except as provided in this paragraph,
nothing in this Act shall limit or affect the authority of a State or local
government or instrumerdaility thereof aver decisions regarding the placement,
ccnstruction. and modification of personal wireless service facilities.
"(13) UMITATiONS-
(i) The regulation of the placement, construction, and modification of
personal wireless service facilities by any State or local government or
instrumentality thereof
JUL 17 '96 11: 220 FR U S 1,.EST HUG 0 [ RTOUCHG 10 5515 -5380 TO 949=99 F. 0---,04
`(1) shall not unreasonably discriminate among providers of
functionally equivalent services; and
"(ll) shall not prohibit or have the effect of prohibiting the_provisien
of personal wireless services.
"(ii) A State or faced government or instrumentality thereof shall act on any
request for authorization to place, construct, or modify personal wireless service
faciUbes within a reasonable period of time anter the request is duty fried with
such government or instrumentality, taking into account the nature and scope of
such request.
"(iii) Any decision by a State or teal government or instrumentality thereof
to deny a request to place, construct, or modify personal wireless service facilities shalt
be in writing and supported by substantial evidence contained in a written record.
'(iv) No State or kcal government or insttwentaRty thereof may MgUWe
the placement, construction, and modification of pemwat wireless service
facilities on the basis of the environmental effects of radio frequency emissions
to the extent that such facilities comply with the Commission's regulations
concerning such emissions,
"(v) Any person adversely affected by any final aeon or failure to act by a
State or local government or any instrumerdaiity thereof that is inconsistent with
this subparagraph may, within 30 days after such action or failure to act,
commence an anon in any court of competent jurisdiction. The court shall hear
and decide such action on an expedited basis. Any person adversely affected
by an act or failure to act by a State or local government or any instrumentality
thereof that is inconsistent with clause (iv) may petition the Commission for
retie£
'(C) DEFINITIONS- For purposes of this pMgraph--
'(i) the term 'personal wireless services' means commercial mobile
services, unlicensed wireless services, and =merlon carrier wireless
exchange access services; -
"(h) the term 'personal wireless service facilities' means facilities for the
provision of personal wireless services; and
`(iii} the term 'unlicensed wireless service' means the offering of
telecommunications services using duly authorized devices which do not
requite individual licenses, but dces not mean the prevision of direct -to -home
satellite services (as defined in section 303(v)).
(b) RADIO FREQUENCY EMISSIONS- Within 180 days after the enactment of this
Act, the Commission shall complete action in ET Docket 93-62 to prescribe and make
effective rubes regarding the environmental effects of radio frequency emissions.
(c) AVAILABILITY OF PROPERTY Within 180 days of the enactment of this Act,
the President or his designee shah prescribe procedures by which Federal departments
and agencies may make available on a fair, reasonable, and nondiscriminatory basis,
property, rights-of-way, and easements under their control for the placement of new
telecommunications services that are dependent, in whole or in part, upon the utilization
of Federal spectrum rights for the transmission or reception of such services. These
procedures may establish a presumption that requests for the use of property, rights-of-
way, and easements by duly authorized providers should be granted absent
unavoidable direct conflict with the depactrnent cr agency's mission, or the current or
t7o ' d -iHlol
'(A) to offer for resale at wholesale rates any
telecommunications service that the carrier provides at
retail to subscribers who are not teles om=mications
carriers; and
'(B) not to prohibit, and not to rose unreasonable or
discriminatory conditions or liiuitations on, the resale of
such telecommunications service, except that a State
commission may, consistent with regulations prescribed by
the Commission under this section, prohibit a reseller that
obtains at wholesale rates a telecomnninications service
that is available at retail only to a category of
subscribers from offering such service to a different
category of subscribers.
(5) NOTICE OF CHANGES- The duty to provide reasouable public
notice of changes in the information necessary for the
transmission and routing of services using that local exchange
carrier's .facilities or networks, as well as of any other
changes that would affect the ioteroperabdity of those
facilities and networks.
(6) COLLOCATION- The duty to provide, on rates, terms, and
conditions that are just, reasonable, and nondiscriminatory,
for physical collocation of equipment necessary for
interconnection or access to unbundled network elements at the,
.premises of the local exchange carrier, except that tlee carrier
may provide for victual collocation if the local exchange
carrier demonstrates to the State commission that physical
collocation is not
of sDaCe limitA11(Z
ical reasons or because
(d) IMPLEMENTATION -
'(1) IN GENERAL- 'Within 6 months after the date of eaaetmeut
of the Telecommunications Act of 1996, the Commission shall
complete all actions x=essary to establish regulations to
implement the requirements of this section.
(2) ACCESS STANDARDS- In determining what network elements
should be made available for purposes of subsection (c)(3), the
Commission shall consider, at a minimum, whether—
'(A) access to such network elements as are proprietary
in nature is necessary; and
'(B) the failure to provide access to such network
elements would impair the ability of the telecommunications
carrier seeking access to provide the services that it
seeks to offer.
(3) PRESERVATION OF STATE ACCESS REGULATIONS- In prescribing
and enforcing regulations to implement the requirements of this
section, the Commission shall not preclude the enforcement of
I
'(4) ACCESS TO RIGHTS-OF-WAY- The duty to afford access to
the poles, ducts, conduits, and rights--of-way of such carrier
to competing providers of telecommunications services on rates,
terms, and conditions that are comnorm with section 22.4.
(5) RECIPROCAL COMPENSATION- The duty to estab}isb
reciprocal compensation arrangements for the transport and
termination of telecowmmnications.
CARRIIA= ADDMONAL OBLIGATIONS OF INCUMBENT LOCAL EXCHANGE
In addition to the duties contained in subsection (b), each
incumbent local exchange carrier has the following duties:
'(1) DUTY TO NEGOTIATE- The duty to negotiate in good faith
in accordance with section 252 the particular terms and
conditioas of agreements to fulfill the duties described in
Paragraphs (1) through (5) of subsection (b) and this
Subsection- The requesting telecommunications carrier also has
the duty to negotiate in good faith the terms and. conditions of
such agreements.
(2) INTERCONNECTION- The duty to provide, for the facilities
and equipment of any requesting telecoz r nications carrier,
interconnection with the local exchange carrier's network—
'(A) for the transmission and routing of telephone
exchange service and exchange access;
'(13) at any technically feasible point within tixe
carrier's network;
(C) that is at least equal in quality. to that provided
by the local exchange carrier to itself or to any
subsidiary, affiliate, or any other party to which the .
carrier provides interconnection; and
'(D) on rates, terms, and conditions that are just,
reasonable, and nondiscriminatory, in accordance with the
terms and conditions of the agreement and the requirements
of this section and section 252.
(3) UNBUNDLED ACCESS- The duty to provide, to any requesting
telecommunications carrier for the provision of a
telecommunications service, nondiscriminatory access to network
elements on an unbundled basis at any technically feasible
point on gates, terms, and conditions that are just,
reasonable, and nondiscriminatory in accordance with the terms
and conditions of the agreement and the requirements of this
section and section 252_ An incumbent local exchange carrier
shall provide such unbundled network elements in a manner that
allows requesting carriers to combine such elements in order to
provide such telecommunications service.
'(4) RESALE- The duty --
M
(B) the words 'The tem';
(7) by cbanging the first letter of each defutcd term in such
paragraphs from a capital to a lower case 1cftr (excePt for
'United States', - State', - State commission', and "Great Calces
Agreement'); and
(8) by reordering such pamagraPbs and the additional
paragraphs added by snbsection (a) in alphabetical order based
on the headings of such paragraphs and remunbering such
paragraphs as so reordered.
(d) CONFORMNG AMENDMENTS- The Act is amended--
(1) in section 225(a)(1), by s 'section 3(h)' and
inserting 'section T; each plane
(2) in section 332(d), by striking - section 3(n)
it appears and inserting 'section Y; and
(3) in sections 621(d)(3), 636(d), and 637(a)(2), by striking
'section 3(v}' and inserting ' section Y .
'TITLE 1--TEI..FCOMMUNICATION SERVICES
SUBTITLE A --TELECOMMUNICATIONS SERVICES
SEC. 101. ESTABLISHMENT OF PART II OF TME H.
z.
scaion 229
(a) AMENDMENT- Title 11 is amended by inserting
after (47 U.S.C. 2.29) the following new part:OF COMP�TNE MARKETS
'PART II -DEVELOPMENT
' SEC . 2S 1. ligWRCONNECTION . CA,I,IONS. C 'Bch
(a) GENERAL DUTY OF TE -ECO
telecommunications carrier has the duty— with the
(1) to interconnect directly or indirectly
facilities and equipment of other teles°ucations carriers;
and
(2) not to install network features, functions, or
capabilities that do not comply c ithtt� 1 ul ea� and
standards established pursuant Each local
'(b) 013LIGATIONS OF ALL �LOC � EXCHANGE CARRIERS -
exchange carrier bas the following
. - (1) RESALF, The duty not to prohibit, and not to impose
unreasonable or discriminatory c°nditions or limitations ort,
the resale of its telecommunicationsThe to provide, to the extent
(2) NUMBER P0RTABILff'y- duty P
technically feasible, number portability in accordance with
requirements prescribed by the Corrunission.
(3) DIALING PARITY- The duty to provide dialing parity to
competing providers of telephone exchange service and telephone
toll service, and the duty to permit all such providers to have
access to telephone munbers, operator
nondiscriminatory
services, directory assistance, and directory listing, with no
unreasonable dialing delays.
-Inr
ILL 17 '96 11:21 FR U S WEST NVG A I RTOL1CH612 595 5080 TO 9497 599 P. 04/04
planned use of the property, rigtrks-of-way, and assoments in question. Reasonable %cs
may be charged to providers of such tidecommunicab" serAces for use of property,
rights-of-way, and eeserrmft.- The Commission shay provide technical support to
states to enocump them to make properly, tigt>ts-of4vay, and easement under thek
jurisdiction avaita * for such purposes.
** TOTAL PAGE. 04 AOK
07-11-1996 10:30AM FROM Radzwill & Couri Law Offi TO 4418823 P.02
WdftamS:.. RADZWLLL & COURI
Andrew J acArt3:ur Attorneys at Law
Michael C. Un 705 Central Avenue East
PO Bax 369
'A St. Michael; MN 55376
:..
(612).497-1930
I _
alily 1 , 19 56. '
Planning Cooviission
.. CityI of: Otsec1io
c/o Elaine Beatty, City Clerk
88541 Nashua.Avenue NE ,
Elk... -River, 55330
t
CellUlOW Tauter, CUP
Dear . Pianr 'irrg; :Comm ss oin l�Iembers;
1:;: here .- .revx,wed NAc s Planning. Report regardilrg ..the'U. S :West .
request for;:aCUP to construct a 100 foot ..tower forcellular
tranismisson.:
The report ,correctly indicates that the recently passed 1996
Tele ommunicaltions Act requires the City .to. "reasonably"
acro odate-shch structures. As indicated in the'.planning report,
there are.two.similar towers already in existence within 600 -feet
of the.. proposed site. However, since .the law is: so new there is
veryl,lttle guidance as to how it is to be interpreted and to'what
degree the utility is required to seek the preferred alternative,
co i. cation.::..
i
I'have'requested further information regarding this issue which I
will provide to the Planning Commission prior to:the scheduled
publ c. hearing.
Rega ding the issue of co -location, I think that the Planning
comm-ssion should inquire of the applicant the reasons for their
decision not 'to co -locate. I think it is important to determine
whether or nof- co -location is technically not feasible or whether
it was simply not pursued for economic reasons.
If yluhave airy questions or concerns please feel free to contact
me.
i
Northwest Associated Consultants, Inc.
C O M M U N I T Y PLANNING • DESIGN • MARKET R E S E A R C H
PLANNING REPORT
TO:
FROM:
DATE:
RE:
FILE NO:
EXECUTIVE SUMMARY
Background
Otsego Mayor and City Council
Otsego Planning Commission
Bob Kirmis/David Licht
10 July 1996
Otsego - Kincanon Golf Course CUP
176.02 - 96.15
Mr. Richard Kincanon has requested a conditional use permit to construct a nine hole, par
three golf course upon a 20.8 acre parcel of land located south of 85th Street and east of
Nashua Avenue.
The subject property is zoned A-1, Agricultural Rural Service which lists "commercial
outdoor recreation" as a conditional use.
Attached for reference:
Exhibit A - Site Location
Exhibit B - Detailed Site Location
Exhibit C - Site Plan
5775 Wayzata Blvd. • Suite 555 - St. Louis Park, MN 55416 • (612) 595-9636•Fax. 595-9837
Recommendation
Based on the following review, our office recommends approval of the requested
conditional use permit subject to the following conditions:
1. The City Engineer provide comment and recommendation in regard to any
necessary 85th Street improvements (i.e., turn lane, bypass lane, etc.).
2. A grading and drainage plan is submitted subject to review and approval by the City
Engineer.
3. All drainage easements as determined appropriate by the City Engineer are
established.
4. A landscape plan is submitted which identifies the location, variety and size of
proposed site plantings.
5. The applicants demonstrate to the City that stray balls can be successfully
contained within the subject property (via mature tree heights, safety netting, etc.).
6. Right-of-way for 85th Street and Nashua Avenue is formally dedicated to the City
as determined appropriate by the City Engineer.
7. Club house plans are submitted subject to City review and approval.
8. The City Engineer provide comment/recommendation in regard to septic system
issues.
9. No outdoor storage of maintenance equipment occur on site.
10. The site plan is revised to illustrate individual parking stalls including two devoted
to use by the handicapped.
11. The City Engineer provide comment/recommendation in regard to parking lot
curbing requirements.
12. Any signage erected comply with applicable provisions of the City's sign
regulations.
13. Comments of other City staff.
2
ISSUES ANALYSIS
Conditional Use Permit Evaluation Criteria. The subject property is zoned A-1,
Agricultural Rural Service which lists "commercial outdoor recreation" as a conditional use.
As such, the processing of a conditional use permit is necessary to accommodate the
proposed use.
In consideration of conditional use permit requests, Section 20-4-21 of the Zoning
Ordinance'directs the Planning Commission and City Council to consider possible adverse
effects of the proposed conditional use. The following is a listing of factors which must be
considered and resulting findings.
1. The proposed action's consistency with the specific policies and provisions
of the official City Comprehensive Plan.
The City's Land Use Plan suggests long term low density residential use of the
subject property. While the Land Use Plan does not specifically identify areas
proposed for "commercial recreational" uses, the proposed golf course is
considered compatible with both short and long term uses in the area.
2. The proposed use's compatibility with present and future land uses of the
area.
Provided proper screening and berming is established, the proposed use is
considered compatible with present and future land uses in the area.
3. The proposed use's conformity with all performance standards contained
herein (i.e., parking, loading, noise, etc.).
As a condition of CUP approval, all applicable performance standards must be
satisfactorily met. Details regarding this criterion will be discussed in latter sections
of this report.
4. The proposed use's effect upon the area in which it is proposed.
The proposed golf course is not expected to negatively impact the area in which it
is proposed.
3
5. The proposed use's impact upon property values of the area in which it is
proposed.
While no detailed study has been conducted, the proposed golf course is not
expected to negatively impact area property values. In fact, such use may escalate
area property values.
6. Traffic generation by the proposed use in relation to capabilities of streets
serving the property.
Within the ITE Trip Generation Manual, trip generation rates of 5.3 trips per parking
space and 6.9 trips per acre are provided for golf courses. Such ITE samples
include public and private courses (9 hole and 18 hole) with and without clubhouse
facilities.
As calculated below, it is estimated that the proposed use will generate between
144 and 212 vehicle trips per day. Based upon the rural character of the City,
however, these estimates may be considered "high end".
Variable A - 5.3 x 40 parking spaces = 212 ADT
Variable B - 6.9 x 20.8 acres = 144 ADT
The subject property is to be accessed via 85th Street, a designated collector.
Traffic generated by the proposed use is within the capabilities of such street. The
City Engineer should, however, make comment and recommendation in regard to
the need for any improvements to 85th Street (i.e., turn lane construction.
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.
The proposed use will not overburden the City's public service capacity.
Grading and Drainage. According to the applicant, a minimal amount of grading will take
place upon the subject site. The City Engineer has recommended that the applicant
submit a grading and drainage plan and drainage report which demonstrates that storm
water will be properly held on site. Additionally, drainage easements should be provided
over all ponding areas. The grading and drainage plan must be subject to approval by the
City Engineer.
E
Landscaping. As shown on the submitted site plan, numerous new trees have been
proposed throughout the site. According to the applicant, existing trees upon the site are
to be relocated in areas of the site where tree plantings are most desirable (i.e., near
property boundaries, along fairways, etc.). In satisfaction of CUP submission
requirements, a landscape plan, which specifies tree variety, location and size, should be
submitted for City review and approval.
Stray Balls. Recognizing that dwellings lie to the east and west of the proposed golf
course, three to five foot berms have been proposed as a means of containing stray balls.
Additionally, tree plantings have been proposed along such berms. In areas where
vegetation is intended to contain stray balls, trees must be of a height (size) and variety
to successfully fulfill such function. Of particular issue are trees adjacent to the greens of
holes 2, 3, 4, 6, and 7. As noted previously, the landscape plan should specify all
proposed tree types, locations and sizes.
Hole 7, which lies adjacent to Nashua Avenue, is only ± 110 yards in length. Thus,
particular potential exists for stray balls to enter the Nashua Avenue right-of-way. As a
condition of CUP approval, the applicant should demonstrate that proper measures have
been taken to contain stray balls from entering the right-of-way. Such measures may
include fencing, safety netting, etc.
Streets. The submitted site plan illustrates the boundaries of the subject property as
extending to the centerline of 85th Street and Nashua Avenue (roadways lie within an
easement). As a condition of CUP approval, right-of-way for such streets, as determined
appropriate by the City Engineer, should be formally dedicated to the City.
Clubhouse. As shown on the submitted site plan, a 1,500 square foot (30 foot by 50 foot)
clubhouse is to exist along the golf course's eastern boundary. According to the applicant,
the clubhouse is to be used as a "pro shop" with incidental snack sales. The clubhouse
will not include any restaurant/dining facilities.
As a condition of CUP approval, detailed plans of the clubhouse (floor plan and elevation)
should be submitted to determine compliance with building material and height
requirements.
The proposed clubhouse has been found to comply with applicable A-1 District setback
requirements.
Septic system requirements for the clubhouse should be subject to comment/
recommendation by the City Engineer.
60
Outdoor Storage. According to the applicant, all golf course maintenance equipment is
to be stored off-site. As a condition of CUP approval, no outside storage of maintenance
equipment shall be allowed.
Off -Street Parking.
Parking Supply. As shown on the submitted site plan, 40 off-street parking stalls
have been proposed on site. The City Zoning Ordinance does not include a
specific off-street parking requirement for golf courses. However, an American
Planning Association reference document entitled "Off -Street Parking
Requirements" recommends the following standard for par three golf courses such
as that proposed:
25 spaces per nine holes plus one space per employee on the
largest shift
While the proposed parking supply meets anticipated demand, the site plan should
be modified to illustrate individual parking stalls within the designated off-street
parking area.
Dimensional Requirements. All off-street parking stalls and drive aisles have
been found to comply with the City's minimum dimensional requirements.
Handicap Stalls. In conformance with American Disability Act requirements, two
handicap parking spaces should be provided and illustrated upon the site plan (1
per 25 stalls required).
Surfacing/Curbing. In conformance with Ordinance requirements, the proposed
parking lot is to be surfaced with a bituminous material. Specific curbing
requirements should be subject to comment and recommendation by the City
Engineer.
Signage. Any signage used to identify the proposed golf course must comply with
applicable City sign regulations.
9
CONCLUSION
Based on the preceding review, our office recommends approval of the requested
conditional use permit subject to the conditions listed in the Executive Summary of this
report.
PC: Elaine Beatty
Larry Koshak
Andy MacArthur
Richard Kincanon
Lynn Caswell
7
EXHIBIT A - SITE LOCATION
CITY HALL'-'
/201,00
• � /201,0,
,
i � n00 -3a
i
f2n-
/202.0-
,202.00
a
_ 0sv_20
/202-00
015 PO G
'- »>s
,
2 •
,
' n
,
,
,
,
1
,
,
,
5^
,
,
,
,
,
i
,
,
,
i0.»
r,
,
W
035
L ••
'' 2
4
N
Q 5
W °
1. 4 1
034
o— -- - — .
E 2 2 2 2
, 4 ~'}
30 4
29 ,5 - �5
23 2 5 6 ,,.._.
z
i
;
,20-:00
2
°
26 6" % 6 1
m�. --- ...�
-- --
10,1-20
0
10
d' 10
�
\»
i
�� r...0
2
,20130- i i=OIIO,
I
,20,.00
,2.,307
23 11 ...1
7 +
,20,30=
,101300
'
I
;
i
pw2oo
:21
1, . 1:
'9
,�
I
I
i
I
20 _ 14
M
1. _14
i
.°
Nom.°LJ
Ta R 17 = "16
R
R i R
N.E. 80th STREET . t7 30 2 1
R
4 9
�
u n
EXHIBIT
B - DETAILED SITE
LOCATION
-----
----------- ---------
Nv 5th'STh`EE'-------
R.........................................
20-203
:. . .•• •' ::::: :�: :
...... •..• .. •.•.......•...
035
L ••
'' 2
4
N
Q 5
W °
1. 4 1
034
o— -- - — .
E 2 2 2 2
, 4 ~'}
30 4
29 ,5 - �5
23 2 5 6 ,,.._.
7
2
,20-:00
°
26 6" % 6 1
m�. --- ...�
-- --
10,1-20
0
10
d' 10
4 new p,r
> 2 4 10
\»
�� r...0
23 11 ...1
7 +
Q 12
w 22 12 12
;
^.. Z MI. pl. o 0O
pw2oo
:21
1, . 1:
'9
,�
14
20 _ 14
1. _14
.°
Nom.°LJ
Ta R 17 = "16
> 1 ,
N.E. 80th STREET . t7 30 2 1
�
u n
EXHIBIT
B - DETAILED SITE
LOCATION
-- '--------- -- - ! e t oY an/ " n +�•n ...Y-.rof«ol c.Yo-.n�a/o. NVId 3115 Q
--W'.s",t "d' -.0.5 oos •n•s tiw ..�":^:. ;at J
"ala - !Yr1l NONNYONIN 4NVH318 W
g..up »BMs a+i op.,•..n . •y.Y on NW b03S10 F
4c a Asn ! ;p w �•p ,p ,•fib �;,;,, y ��� a� r � � 3Si1f10� d109 6 3A11f1o3X3 093510 y
nd/awxNl 3lq �y-�i%�LW �q W/ W!! IR!ns ta�•V !
U
1 ,
AMO
LU.L-1 1
3
° Q -� 0
n, I'
000000
°'
O I q O ><
11 I oh
x �rc O
0
I �A"E� I CL O\ 0
UZ i
atm OO
s. I a,.•,,,A,.> O �.� O
O
0
jl
d 10
O
—
/� 00
r. e CJ
� m �
1
`0p00
at �
0z.0 m O I O
O Ix O ` O
I O 0\ 0 I
0 00
I
x
A64
� J
m
�Q
o
El I Ali
�1 W
I ~ UJ ° / �~ VIZ
Ia ZW
\\� O m0~z
O
O m I /� h C9Ll OX_
\\\ O00 1 ° ;s n �o<�
O / 11 Z
1 I�aawCw
/I a
I0aoovv
I=NN<_jC
ImZt69LW' W
(r WIW0W-l�
I I I I olma m
Z r
_ �i
°
x '3'N 3nN3AV vnHSVN
rFN
PNorthwest Associated Consultants, Inc.
ACCOMMUNITY PLANNING - DESIGN - MARKET RESEARCH
MEMORANDUM
TO: Otsego Planning Commission
FROM: Bob Kirmis/David Licht
DATE: 2 May 1996
RE: Otsego - Zoning Ordinance - Accessory and Temporary
Outdoor Sales and Events
FILE NO: 176.08 - 96.03
Attached please find a draft amendment to the Zoning Ordinance which establishes
regulations for accessory and temporary outdoor sales and promotional events.
Specifically, the amendment would make an allowance for such activities in the City's
business, industrial and institutional zoning districts via the issuance of an administrative
permit.
This amendment has been prepared at the directive of the City Council and incorporates
comments of the City Attorney.
It is anticipated that a public hearing may be set at the forthcoming 15 May Planning
Commission -meeting.
pc: Elaine Beatty
Andy MacArthur
5775 Wayzata Blvd. - Suite 555 - St. Louis Park, MN 55416 • (612) 595 -9636 -Fax. 595-9837
4
DRAFT - DRAFT - DRAFT
ORDINANCE NO. 96
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
5/2/96
AN ORDINANCE AMENDING THE OTSEGO ZONING ORDINANCE BY ESTABLISHING
REGULATIONS FOR ACCESSORY AND TEMPORARY OUTDOOR SALES AND
PROMOTIONAL EVENTS.
THE CITY COUNCIL OF THE CITY OF OTSEGO HEREBY ORDAINS:
Section 1. Section 20-9 of the Otsego City Code (reserved) is
hereby amended to read as follows:
SECTION 9
ADMINISTRATION - ADMINISTRATIVE PERMITS
Section
20-9-1 Purpose
20-9-2 Procedure
20-9-3 Information Requirement
20-9-4 Performance Standards
20-9-5 Administration and Enforcement
20-9-1 PURPOSE: The purpose of this section is to establish
regulations and procedures for the processing and
consideration of activities allowed by administrative
permit, with the goal of protecting the health, safety,
and welfare of the citizens of the City.
20-9-2 PROCEDURE:
A. Application for an administrative permit shall be filed
by the property owner or designated agent with the Zoning
Administrator on forms to be provided by the City.
B. New applications and applications for amending
administrative permits shall be accompanied by a non-
refundable fee as set forth by resolution of the City
Council.
C. The Zoning Administrator shall review the application
and related materials and shall determine that the
proposal is in compliance with all applicable evaluation
criteria, codes, ordinances, and applicable performance
standards.
D. The Zoning Administrator shall consider possible adverse
effects of the proposed events or activity. Judgment
shall be base upon (but not limited to) the following
factors:
1. Compliance with and effect upon the policies and
provisions of the official Comprehensive Plan.
2. The establishment, maintenance or operation of the
use, event or activity will promote and enhance the
general public welfare and will not be detrimental
to or endanger the public health, safety, morals or
comfort.
3. The use, event, or activity will not be injurious
to the use and enjoyment of other property in the
immediate vicinity for the purposes already
permitted, nor substantially diminish and impair
property values within the neighborhood.
4. The establishment of the use, event or activity
will not impede the normal and orderly development
and improvement of surrounding property for uses
permitted in the district.
5. Adequate public facilities and services are
available or can be reasonably provided to
accommodate the use, event or activity which is
proposed.
6. The use, event or activity shall, in all other
respects, conform to the applicable regulations of
the district in which it is located.
7. The use, event or activity and site conform to all
applicable performance standards of this Chapter.
E.- -The Zoning Administrator shall make a determination on
approval or denial of the administrative permit within
thirty (30) days from the date of submission of a
complete application. Upon notification to the applicant
that any application presented is incomplete in any way,
no action will be commenced by the City until such time
as a complete application is submitted.
F. A written permit shall be issued to the applicant when a
determination of compliance has been made. Specific
conditions to assure compliance with applicable
evaluation criteria, codes, ordinances, and the standards
of this Chapter shall be attached to the permit.
Pa
G. Determination of non-compliance with applicable codes,
ordinances, and the standards in this paragraph shall be
communicated to the applicant in writing and the
application for the permit shall be considered denied;
unless, within ten (10) days of the date of such notice,,
the applicant submits revised plans and/or information
with which the Zoning Administrator is able to determine
compliance.
H. Unresolved disputes as to administrative application of
the requirements of this paragraph shall be subject to
appeal as defined by Section 20-6 of this Chapter.
20-9-3 INFORMATION REQUIREMENT: The information required for
all administrative permit applications shall include:
A. A concise statement describing the proposed use, event or
activity, including the purpose, type of merchandise
involved, dates and times of operation, number of
employees involved, provisions for on-site security,
provisions for on-site parking, and other pertinent
information required by the Zoning Administrator to fully
evaluate the application.
B. A copy of the approved site plan for the property or an
"as built" survey which accurately represents existing
conditions on the site, including entrances and exits,
bona fide parking and driving areas, and which accurately
indicates any proposed temporary structures, including
tents, stands, and signs.
C. An accurate floor plan, which in the judgement of the
Zoning Administrator, such a plan is necessary to
properly evaluate the location of the event and the
effectiveness of available entrances and exists.
D. A copy of the current sales tax certificate issued by the
-State of Minnesota, if applicable. -
E. Certification that all property taxes, special
assessments, interest and utility fees due upon the
parcel to which the administrative permit relates have
been paid.
F. Proof that the applicant has insurance, in an amount
acceptable to the City, to protect from risks inherent in
the proposed activity.
G. Information identified in Section 20-4-4 of this Chapter,
as may be applicable.
W
20-9-4; PERFORMANCE STANDARDS: All uses, events or activities
allowed by administrative permit shall conform to the
applicable standards outlined in the zoning district in
which such use, event or activity is proposed. '
20-9-5: ADMINISTRATION AND ENFORCEMENT:
A. The Zoning Administrator shall keep a record of
applications and administrative permits.
B. A copy of all administrative permits issued shall be
forwarded to appropriate staff as determined by the
Zoning Administrator.
C. Enforcement of the provisions of this paragraph shall be
in accordance with Section 20-8 of this Chapter.
Violation of an issued permit or of the provisions of
this section also shall be grounds for denial of future
permit applications.
Section 2. Section 20-62 of the Otsego City Code (B-1
District provisions) is hereby amended to add the following:
20-62-3A: USES BY ADMINISTRATIVE PERMIT: Subject to applicable
provisions of this Section, performance standards
established by this Chapter, and processing requirements
of Section 20-9-2, the following are uses allowed in a B-
1 District by administrative permit as may be issued by
the Zoning Administrator:
A. Open or outdoor sales, rental or display as an accessory
use in association with an allowed principal use provided
that:
1. The area so occupied shall not exceed ten (10)
percent of the principal building. -
2. No storage or display of merchandise shall be
permitted in required rear, side or front yards and
shall be limited to the area of the customer
entrances.
3. The outdoor sales, rental or display area shall be
included in the calculations for parking spaces
required for the use and shall not occupy space
required for parking as stipulated by Section 20-22
of this Chapter, except as may be exempted for
cause by the Zoning Administrator.
0
B. Temporary, outdoor promotional events and sales provided
that:
1. Promotional Events.
a. Such activity is directed towards the general
public and includes grand openings, carnivals,
craft shows, flea markets, mechanical and
animal rides and displays of materials that
are typically not sold or serviced on the
site.
b. The event shall not exceed the period
specified in the administrative permit and in
no case shall exceed three (3) consecutive
calendar days per event; two (2) of the days
shall be a Saturday and a Sunday.
C. There shall be no more than two (2)
promotional events per calendar year per
property.
2. Outdoor Sales.
a. Such activity is directed towards the general
public and include warehouse sales, sidewalk
sales, inventory reduction or liquidation
sales, distressed merchandise sales, seasonal
merchandise sales, and licensed transient
merchant and transient product merchant sales.
b. The following specific standards shall apply
to all proposed temporary outdoor sales
activities allowed by this paragraph and by
City Code business licensing provisions in
addition to other applicable building and
safety code requirements as determined by the
Zoning Administrator.
(1) The maximum total time for temporary
outdoor sales activities shall be the
period specified in the administrative
permit and, in no case, shall exceed
sixty (60) days per calendar year per
property.
(2) There shall be no more sales activities
than those specified in the
administrative permit and, in no case,
shall there be more than ten (10) sales
activities per year pr property.
5
(3) Sales activities may be conducted within
a required yard provided the area is
paved and the activity does not interfere
with parking, traffic circulation or
emergency vehicle access. Temporary
sales on unpaved landscaped areas is
prohibited.
C. General Standards
(1) The event shall be clearly accessory to
or promoting the permitted or conditional
use approved for the site. Only
merchandise which is normally
manufactured, sold, or stocked by the
occupant on the subject premises on a
regular or seasonal basis shall be sold
and/or promoted.
(2) Tents, stands, and other similar
temporary structures may be utilized,
provided they are clearly identified on
the submitted plan and provided that it
is determined by the Zoning Administrator
that they will not impair the parking
capacity, emergency access, or the safe
and efficient movement of pedestrian and
vehicular traffic on or off the site.
(3) The submitted plan shall clearly
demonstrate that adequate off-street
parking for the proposed event can and
will be provided for the duration of the
event. Determination of compliance with
this requirement shall be made by the
Zoning Administrator who shall consider.
the nature of the even and the applicable
parking requirements of this Chapter.
Consideration shall be given to the
parking needs and requirements of other
occupants in the case of multi -tenant
buildings. Parking on public right-of-
way and streets is prohibited; except
that parking on local streets may be
allowed on Saturday and Sunday only,
provided that the petitioner arranges for
traffic control by authorized enforcement
officers, as approved in writing by the
Zoning Administrator, at the petitioner's
expense.
9
(4) Signage related to the event shall be in
compliance with the temporary sign
standards of this Chapter and shall be
allowed for the duration of the event.
Special signage for purposes of traffic
direction and control may be authorized
by the Zoning Administrator; the erection
and removal of such signage shall be the
responsibility of the applicant.
(5) The approved permit shall be displayed on
the premises for the duration of the
event.
C. Other uses of the same general character as those listed
as a permitted use in this district.
Section 3. Section 20-63 of the Otsego City Code (B-2
District provisions) is hereby amended to add the following:
20-63-3A USES BY ADMINISTRATIVE PERMIT: Subject to applicable
provisions of this Section, performance standards
established by this Chapter, and processing requirements
of Section 20-9-2, the following are uses allowed in a B-
2 District by administrative permit as may be issued by
the Zoning Administrator:
A. Open or outdoor sales, rental or display as an accessory
use in association with an allowed principal use subject
to the same provisions as required in Section 20-62-3A.A
of this Chapter.
B. Temporary outdoor promotional events and sales subject to
the same provisions as required in Section 20-62-3A.B of
this Chapter.
C. Other uses of the same general character as those listed
-as a permitted use in this district.
Section 4. Section 20-64 of the Otsego City Code (B-3
District provisions) is hereby amended to add the following:
20-64-3A USES BY ADMINISTRATIVE PERMIT: Subject to applicable
provisions of this section, performance standards
established by this Chapter and processing requirements
of Section 20-9-2, the following uses may be allowed in
a B-3 district by administrative permit as may be issued
by the Zoning Administrator.
VA
A. Open or outdoor sales, rental or display as an accessory
use in association with an allowed principal use subject
to the same provisions as required in Section 20-62-3A.A
of this Chapter.
B. Temporary outdoor promotional events and sales subject to
the same provisions as required in Section 20-62-3A.B of
this Chapter.
C. Other uses of the same general character as those listed
as a permitted use in this district.
Section S. Section 20-65 of the Otsego City Code (B -W
District provisions) is hereby amended to add the following:
20-65-3A USES BY ADMINISTRATIVE PERMIT: Subject to applicable
provisions of this section, performance standards
established by this chapter and processing requirements
of Section 20-9-2, the following uses may be allowed in
a B -W District by administrative permit as may be issued
by the Zoning Administrator:
A. Temporary outdoor promotional events and sales subject to
the same provisions as required in Section 20-62-3A.B of
this Chapter.
B. Other uses of the same general character as those listed
as a permitted use in this district.
Section 6. Section 20-66 of the Otsego City Code (B -C
District provisions) is hereby amended to add the following:
20-66-3A: USES BY ADMINISTRATIVE PERMIT: Subject to applicable
provisions of this Section, performance standards
established by this Chapter and processing requirements
of Section 20-9-2, the following uses may be allowed in
-a B -C District by administrative permit as may be issued
by the Zoning Administrator.
A. Temporary outdoor promotional events and sales subject to
the same provisions as required in Section 20-62-3A.B of
this Chapter.
B. Other uses of the same general character as those listed
as a permitted use in this district.
Section 7. Section 20-67 of the Otsego City Code (I-1
District provisions) is hereby amended to add the following:
X:
20-67-3A USES BY ADMINISTRATIVE PERMIT: Subject to applicable
provisions of this Section, performance standards
established by this Chapter and processing requirements
of Section 20-9-2, the following uses may be allowed in
an I-1 District by administrative permit as may be issuedY
by the Zoning Administrator.
A. Temporary outdoor promotional events and sales subject to
the same provisions as required in Section 20-62-3A.B of
this Chapter.
B. Other uses of the same general character as those listed
as a permitted use in this district. '
Section 8. Section 20-68 of the Otsego City Code (I-2
District provisions) is hereby amended to add the following:
20-68-3A USES BY ADMINISTRATIVE PERMIT: Subject to applicable
provisions of this Section, performance standards
established by this Chapter and processing requirements
of Section 20-9-2, the following uses may be allowed in
an I-2 District by administrative permit as may be issued
by the Zoning Administrator.
A. Temporary outdoor promotional events and sales subject to
the same provisions as required in Section 20-62-3A.B of
this Chapter.
B. Other uses of the same general character as those listed
as a permitted use in this district.
Section 9. Section 20-69 of the Otsego City Code (INS
District provisions) is hereby amended to add the following:
20-69-3A USES BY ADMINISTRATIVE PERMIT: Subject to applicable
provisions of this Section, performance standards
-established by this Chapter and processing requirements.
of Section 20-9-2, the following uses may be allowed in
an INS District by administrative permit as may be issued
by the Zoning Administrator.
A. Temporary outdoor promotional events and sales subject to
the same provisions as required in Section 20-62-3A.B of
this Chapter.
B. Other uses of the same general character as those listed
as a permitted use in this district.
til
Section 10. This Ordinance shall become effective
immediately upon its passage and publication.
ADOPTED by the Otsego City Council this day of,
1996.
CITY OF OTSEGO
By:
ATTEST:
Norman F. Freske, Mayor
By:
Elaine Beatty, City Clerk/Zoning Administrator
10