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RES 2026-40 Adopting Findings of Fact and Approving and Conditional Use Permit for 118-800-141407CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2026-40 ADOPTING FINDINGS OF FACT AND APPROVING A CONDITIONAL USE PERMIT FOR 118-800-141407 WHEREAS, The Towers, LLC ("Developer") has submitted application for a Conditional Use Permit to allow construction of a telecommunications tower and antennas; and WHEREAS, the legal description of the subject property ("Property") is attached as Exhibit A; and WHEREAS, the Property is within the Urban Service Reserve Area and guided for future Rural land uses by the 2023 Comprehensive Plan; and WHEREAS, the subject property is zoned A-2, Agriculture Long Range Urban Service District; and WHEREAS, telecommunication towers and antennas are regulated by Chapter 33 of the Zoning Ordinance; construction of new telecommunication towers and antennas require approval of a Conditional Use Permit in accordance with Section 11-11- 33-4.A.2 of the Zoning Ordinance; and WHEREAS, applications for a Conditional Use Permit are processed in accordance with the provisions of Section 10-4-2 of the Zoning Ordinance; and WHEREAS, the City Council must take into consideration the possible effects of the proposed interim use with their judgment based upon (but not limited to) the criteria outlined in Section 11-4-2.17 the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Finding: The proposed telecommunications tower and antenna is a facility necessary telecommunications ancillary to existing and future development, as well as regional travel, within the area necessary for communication services, including emergency response. The Zoning Ordinance establishes performance standards for telecommunications tower and antenna to minimize impacts to surrounding properties, including height limits and requirements for security and screening. With adherence to these performance standards, the proposed telecommunications tower and antenna will be consistent with the policies of the Comprehensive Plan. The proposed use's compatibility with present and future land uses of the area. Finding: The subject property is surrounded by the existing and planned land uses shown in the table below. The most -dense residential development is the five acre lots along the west line of the subject property; areas to the north, east, and south are more sparkly populated with homes and the Northstar Regional facility is located well north of 95th Street CSAH 19. The area has many mature trees with height sufficient to screen views of the proposed telecommunications tower in all directions as shown on the submitted photo simulations. Direction Land Use Plan Zoning Map Existing Use North Commercial Rural Residential PUD District A-1 District Northstar Regional Rural single family dwellings East Rural A-1 District Cultivated fields South Rural A-1 District Cultivated fields Rural single family dwellings West Rural A-1 District Rural single family dwellings 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Finding: The proposed telecommunications tower and antenna comply with the provisions of the Zoning Ordinance. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Finding: The proposed telecommunications tower and antenna is accessed from 95th Street (CSAH 39). The use will not generate significant traffic except for occasional and infrequent maintenance, which is within the existing capacity of 95th Street (CSAH 39) 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Finding: The proposed telecommunications tower and antenna will not impact City services, but will improve telecommunications service capacity, including for emergency services response, within the City. WHEREAS, the Planning Report dated 14 May 2026 prepared by the City Planner, The Planning Company LLC, is incorporated herein. WHEREAS, the Planning Commission conducted a public hearing at their regular meeting on 18 May 2026 to consider the application, preceded by published and mailed notice; based upon review of the application and evidence received, the public hearing was closed and the Planning Commission recommended by a 6-0 vote that the City Council approve the request based on the aforementioned findings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA THAT the findings of fact outlined herein are adopted and the application a Conditional Use Permit is approved based upon the foregoing information and applicable ordinances, subject to the following conditions: 1. The subject property shall be developed in accordance with the site and building plans submitted to the City subject to the stipulations, limitations, and conditions as approved by the City Council in accordance with Section 11-9-4 of the Zoning Ordinance. 2. The tower shall not be illuminated unless required by the Federal Aviation Administration, subject to review by the Zoning Administrator. 3. Issuance of a fence permit shall be required prior to construction of the fence shown on the construction plans, subject to review and approval of the Zoning Administrator. 4. The height of the Black Hills Spruce to be planted with the landscape plan shall be a minimum of eight feet in height and shall be maintained as necessary to be alive and in good health at all times. 2 5. Use of the existing access to 95th Street for the purposes of reaching the tower, antenna, and ground equipment shall be subject to review and approval of Wright County. 6. The design and construction of the driveway shall be subject to review and approval of the City Engineer. 7. All grading, drainage, and erosion control issues shall be subject to review and approval of the City Engineer. 8. All obsolete antenna shall be removed from the subject property within 12 months from the date operation ceases. (Remainder of page blank signatures follow) ADOPTED by the Otsego City Council this 26th day of May, 2026. MOTION BY: Dunlap SECONDED BY: Tanner IN FAVOR: Stockamp, Dunlap, Goede, Lund, and Tanner OPPOSED: none CITY OF OTSEGO C Jessica L. Stockamp ATTEST: Audra Etzel, City Clerk 01 ♦♦♦��, ,,�OMTEp,,,o�1A�i V® � r 4 EXHIBIT A LEGAL DESCRIPTION That part of the East Half of the Northeast Quarter and of the Northeast Quarter of the Southeast Quarter lying Southerly of the centerline of County State Aid Highway No. 39, per the WRIGHT County Highway right of way plat no. 6 in Section 14, Township 121, Range 24, Wright County, Minnesota. And The South 690.31 feet of the East Half of the Northwest Quarter of the Southeast Quarter of Section 14, Township 121, Range 24, Wright County, Minnesota. Except All that part of the Southeast Quarter of Section 14, Township 121, Range 24, described as follows: Begin at a point on the East line of said Southeast Quarter distant 250.0 feet, South of the Northeast corner thereof; thence South along said East line, 165.0 feet; thence West at right angles, 297.0 feet; thence North parallel with said East line 165.0 feet; thence East to point of beginning. And except All that part of the Northeast Quarter of the Southeast Quarter of Section 14, Township 121, Range 24, described as beginning at a point on the East Line of said Northeast Quarter of the Southeast Quarter, a distance of 415 feet South of the Northeast corner thereof; thence West at right angles, 480 feet; thence South parallel with the East line of the Northeast Quarter of the Southeast Quarter to intersect the South line thereof, thence East along the South line to the Southeast corner of said Northeast Quarter of the Southeast Quarter; thence North along said East line to the point of beginning. And Except All that part of the Southeast Quarter of Section 14, Township 121, Range 24, Wright County, Minnesota, described as beginning at a point on the East line of said Southeast Quarter distant 250 feet South of the Northeast corner thereof, thence West at right angles a distance of 297 feet to a point; thence South parallel with said East line, a distance of 165 feet to a point; thence West at right angles a distance of 264 feet to a point; thence North parallel with said East line, a distance of 330 feet to a point; thence East 561 feet, more or less, to a point on the East line of said Southeast Quarter, 165 feet North of the point of beginning; thence South 165 feet to the point of beginning.