ORD 01-02CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2 0 01- 0 2
INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON
RESIDENTIAL SUBDIVISIONS WITHIN THOSE AREAS OF THE CITY
LYING WITHIN THE SANITARY SEWER SERVICE DISTRICT AS
ESTABLISHED IN THE CITY'S COMPREHENSIVE PLAN AND
OFFICIAL MAP.
Section 1. Purpose. This interim ordinance is hereby established for the following
reasons:
A. To halt new applications for residential subdivisions within the
established Sanitary Sewer Service District (Exhibit A) of the City of
Otsego.
B. To provide the City with a period of time to reevaluate the
Comprehensive Plan and evaluate plans for proposed sanitary service and
treatment expansion in light of the unprecedented development occurring
within the eastern portion of the City within the last few years.
C. In order to protect the planning process, and insure proper land use
controls.
D. To allow the City to take the necessary steps to insure that sanitary
sewer service can be delivered to those requesting such service for
residential uses.
E. To allow the City to evaluate allocation of existing resources between
proposed commercial uses and proposed residential uses.
F. To protect the environment, and to provide for a safer City water supply.
G. To protect the health, safety, and welfare of the citizens of Otsego.
Section 2. Authority. The City Council is empowered by Minn. Stat. 462.355,
Subd. 4 to pass an interim ordinance, applicable to all or a part of its jurisdiction,
for the purpose of protecting the planning process and the health, safety, and
welfare of its citizens.
Section 3. Temporary Prohibition. For twelve months from the date of adoption
of this Interim Ordinance prohibiting residential subdivisions within the Sanitary
Sewer Service District, or until such earlier time as the Otsego City Council
determines by resolution that the reasons for the moratorium no longer exist, no
application for any type of proposed residential subdivision or application which
will result in increased residential use of property, not specifically exempted from
this interim ordinance, nor any application for rezoning to any residential zoning
designation within the designated urban service area shall be accepted or
processed by the City. No application for expansion of the sanitary sewer service
district shall be accepted or processed during the moratorium period.
Section 4. Exceptions. Specifically exempted from this prohibition are the
following subdivisions which have received preliminary plat approval, or have
already submitted a complete application for preliminary plat approval as of the
date of passage of this ordinance :
A. Applications for commercial or industrial subdivisions, which do not
include residential uses.
B. 1 per 40 land splits within agriculturally zoned areas allowed by the
Comprehensive Plan and Zoning Ordinance.
C. The issuance of building permits for individual residences, or accessory
buildings upon lots which have been previously approved and which are in
full compliance with the applicable lot requirements for a buildable lot
within the zone in which they are located, or; if within a previously
approved plat, in full compliance with any additional restrictions placed
upon building within that plat.
D. Applications for Conditional Use Permits, which do not result in
increased residential use of property.
E. Applications for variances.
F. Applications for final plat approval for the following named plats which
already have preliminarily plat approval, or are in process (as graphically
depicted on attached Exhibit B):
1. Prairie Creek Third Addition, Oudot B
2. Crimson Pond Third Addition, Outlot C
3. Stonegate Estates, Outlots G and F
4. Prairie Creek Second Addition, Oudots D and E
5. The Pointe, Outlots B and C
6. Pheasant Ridge Fifth Addition (Pheasant Ridge, Outlot B)
7. River Pointe
8. Ranch Acres
Section 5. Misdemeanor. Any person, persons, firm or corporation violating any
provision of this ordinance shall be guilty of a misdemeanor, and upon conviction
thereof, shall be punished pursuant to Minn. Stat. 609.02, plus costs of
prosecution.
Section 6. Injunctive Relief. In the event of a violation of this ordinance, the City
may institute appropriate actions or proceedings, including requesting injunctive
relief to prevent, restrain, restrain, correct, or abate such violations.
Section 7. Separability. It is hereby declared that the several provisions of this
ordinance are separable in accordance with the following; if any court of
competent jurisdiction shall adjudge any provision of this interim ordinance to be
invalid, such judgment shall not affect any other provisions of this ordinance not
specifically included in said judgment.
Section 8. Effective Date. This ordinance shall take effect from and after its
passage and publication, and shall remain in effect until twelve (12) months from
the date of passage and publication, unless a shorter period of time is approved by
proper resolution of the Otsego City Council.
ADOPTED by the City Council of the City of Otsego this day of March,
2001.
IN FAVOR: Mayor Fournier, Councilmembers Suzanne Ackerman,
Vern Heidner, Jerry Struthers, Virginia Wendel.
OPPOSED: NONE
CITY OF OTSEGO
Larry er, Mayor
Im I. , _� �1�
Published: Elk River Star News April 4, 2001
Posted: Both Boards March 29, 2001 Otsego City Hall
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