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ORD 2025-05 Amending Subdivision Ordinance ProceduresCITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO.: 2025-05 AN ORDINANCE AMENDING SUBDIVISION ORDINANCE PROCEDURES. THE OTSEGO CITY COUNCIL ORDAINS: Section 1. Section 10-5-1 of the Subdivision Ordinance (Filing and Review Procedures — Preapplication Meeting) is hereby repealed in its entirely and amended to read as follows: 10-5-1: SKETCH PLAN REVIEW: A. Prior to the preparation of a preliminary plat, a subdivider is encouraged to meet with the proper City staff in order to be made aware of all applicable ordinances, regulations, and plans in the area to be subdivided so that the subdivider may demonstrate that the proposed subdivision will provide for consideration of adjacent land uses and community facilities that would serve it. B. The subdivider shall submit electronic files of the sketch plan to the Zoning Administrator illustrating the proposed layout of streets within the proposed subdivision and adjacent to or connecting with abutting development, lots, proposed parks and open space, unique land characteristics, general topography, 100-year flood plain, wetlands, major drainage patterns, and written data including the approximate number of lots, typical lot area, width, and depthand what zoning amendments, conditional use permits, or variances would be required. C. The subdivider may request that the Zoning Administrator refer the sketch plan to the Planning Commission and City Council for review and informal comment. D. Referral to the Planning Commission and City Council: 1. The subdivider shall prepare a request for sketch plan review, as provided within this title. which shall be filed with the Zoning Administrator on an official application form. 2. The application shall be accompanied by a fee as provided in section 3-1-2 of this Code. 3. Public Hearing: Upon receipt of the completed application. the City Clerk shall set a public hearing for review of the preliminary plat to be held by the Planning Commission: a. Notice of the hearing shall consist of a description of the property proposed to be subdivided and of the request shall be published in the official newspaper at least ten (10) days prior to the hearing. b. Written notification of the public hearing shall be mailed at least ten (10) days prior to the hearing to all property owners within three hundred fifty feet (350') of the property in question. C. A copy of the public hearing notice and a list of the property owners and addresses to which the public hearing notice was sent shall be attested and made a part of the records of the proceeding. d. Failure of a property owner to receive said public hearing notice shall not invalidate any proceedings as set forth in this chapter, provided a bona fide attempt has been made to comply with the notice requirements of this chapter. 4. Technical Reports: 1. The Zoning Administrator shall instruct City staff, including but not limited to, the City Planner City Engineer, Building Official and City Attorney, and other agencies as appropriate, to prepare technical reports and provide general assistance in preparing a recommendation on the requested action to the City Council. 2. The ON shall have the authoritv to reauest additional information from the applicant concerning the proposed subdivision and its operational factors or impact, or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors or impacts, when said information is to be declared necessary to establish performance conditions in relation to -all -pertinent sections of this title. 3. Failure on the part of the applicant to supply all necessary supportive information may be basis for denial of the request. S. Planning Commission Recommendation: 1. The Planning Commission shall conduct the required public hearing to be held for consideration of the sketch plan. 2. The applicant or a designated representative thereof shall appear before the Planning Commission at the public hearing in orderto answer questions concerning the proposed subdivision. 3. The Planning Commission shall report its informal comments to the City Council after the close of public hearing: if the Planning Commission has not acted upon the sketch Ian within sixty (60) days after opening a public hearing. the City Council may act on the sketch plan without the Planning Commission's recommendation. 6. City Council Action: 1. Upon receiving the comments of the Planning Commission, the request shall be placed on the agenda of the City Council: the reports and comments of the official record of the Planning Commission shall be entered in and made part of the permanent written record of the City Council meeting. 2. The City Council shall have the option to schedule and hold a public hearing if deemed necessary and shall make a record of any informal comments it considers relevant to protect the public health, safety, and welfare. 3. The City Council shall provide informal comment within one hundred twenty (120) days following receipt of an application completed in compliance with this title unless an extension of the review period has been agreed to by the applicant and the Citv. 7. Informal Comment. The comments provided by City staff, the Planning Commission and Cit Council in review of a sketch plan application are not binding upon either the subdivider or the City and provide no entitlement to approval of a subdivision application under this title: said comments are intended only to provide the subdivider guidance in preparation of an application for preliminary plat as to the proposed subdivision compliance with the polices, plans. regulations, and standards established by the official controls of the City. Section 2. Section 10-5-2 of the Subdivision Ordinance (Filing and Review Procedures— Preliminary Plat) is hereby repealed in its entirety and amended to read as follows: 10-5-2: PRELIMINARY PLAT: A. Application: 1. The subdivider shall prepare a request for preliminary plat, as provided within this titlewhich shall be filed with the Zoning Administrator on an official application form. 2. The application shall be accompanied by a fee as provided in section 3-1-2 of this Code. 3. Anapplication shall also be accompanied by electronic copies of a preliminary plat and supportive information in conformity with requirements of section 10-7-2 of this title. 4. The applicant shall submit a current Abstract of Title or Registered Property Certificate, along with any unrecorded documents, an Opinion of Title, and a legal description of the property to be subdivided. 5. The preliminary plat shall be considered as being complete for review only when there is compliance with all of the information requirements and the appropriate fees and escrows have been submitted. B. Public Hearing: Upon receipt of the completed application, the City Clerk shall set a public hearing for review of the preliminary plat to be held by the Planning Commission: 1. Notice of the public hearing shall consist of a description of the property to be preliminary tatted and of the request shall be published in the official newspaper at least ten (10) days prior to the hearing. 2. Written notification of the public hearing shall be mailed at least ten (10) days prior to the hearing -to all property owners within three hundred fifty feet (350') of the property in question. 3. A copy of the public hearing notice and a list of the property owners and addresses to which the public hearing notice was sent shall be attested and made a part of the records of the proceeding, 4. Failure of a property ownerto receive public hearing notice shall not invalidate any proceedings as set forth in this chapter, provided a bona fide attempt has been made to comply with the notice requirements of this chapter. C. Technical Reports: 1. The Zoning Administrator shall instruct City staff, including but not limited to, the City Planner. City Engineer, Building Official. and City Attorney, and other agencies as appropriate, to prepare technical reports and provide general assistance in preparing a recommendation on the requested action to the City Council. 2. The Citv shall have the authoritv to reauest additional information from the applicant concerning the proposed subdivision and its operational factors or impact, or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors or impacts, when said information is to be declared necessary to establish performance conditions in relation to all pertinent sections of this title. 3. Failure on the part of the applicant to supply all necessary supportive information may be basis for denial of the request. D. Planning Commission Recommendation: 1. The Planning Commission shall conduct the required public hearing to be held for consideration of the preliminary plat. 2. The applicant or a designated representative thereof shall appear before the Planning Commission at the public hearing in order to answer questions concerning the proposed re uest. 3. The Planning Commission may recommend any condition of approval it considers necessary to protect the public health, safety, and welfare: provide consistency with the Comprehensive Plan: or ensure compliance with this title. 4. The Planning Commission shall make its recommendation to the City Council after the close of public hearing: if the Planning Commission has not acted upon the preliminary plat within sixty 60) days after opening a public hearing, the City Council may act on the preliminary plat without the Planning Commission's recommendation. E. City Council Action: 1. Upon receipt of the recommendation of the Planning Commission, the request shall be placed on the agenda of the City Council: the reports and recommendations of the official record of the Planning Commission shall be entered in and made part of the permanent written record of the City Council meeting. 2. The City Council shall have the option to schedule and hold a public hearing if deemed necessarv. 3. The City Council impose any condition of approval it considers necessary to protect the public health, safety, and welfare; provide consistency with the Comprehensive Plan; or ensure compliance with this title. 4. The City Council shall approve or disapprove the preliminary plat within one hundred twenty 120) days following receipt of an application completed in compliance with this title unless an extension of the review period has been agreed to by the applicant and the City. 5. If. upon receiving said reports and recommendations of the Planning Commission and ON staff the City Council finds that specific inconsistencies exist in the review process and thus the final decision of the City Council will differ from the recommendation of the Planning Commission the City Council may, before taking final action, refer the matter back to the Planning Commission for further consideration. The City Council shall provide the Planning Commission with a written statement detailing the specific reasons for referral. This procedure shall be followed only one time on a singular action. 5. If the preliminary plat is not approved by the Citv Council, the reasons for such action shall be recorded in the proceedings of the Council and shall be transmitted to the applicant. If the preliminary plat is approved, such approval shall not constitute final acceptance of the design and layout. Subsequent approval will be required of the engineering proposals and other features and requirements as specified by this title to be indicated on the final plat. The City Council may impose such conditions and restrictions as it deems appropriate or require such revisions or modifications in the preliminary plat or final plat as it deems necessary to protect the health, safety, comfort, general welfare and convenience of the City. 6. The City Council reserves the right to decline approval of a preliminary plat if due regard is not shown for the preservation of all natural features, such as topography, trees, watercourses, scenic points, prehistoric and historical spots, and similar community assets which, if preserved. will add attractiveness and stability to the proposed development of the property. 7. All decisions made by the ON Council regarding a areliminary plat shall be final, except that an aggrieved person shall have the right to appeal within thirty (30) days after delivery of the decision to the appellant, to the District Court in Wright County. Any person seeking judicial review under this section must serve the City and all necessary parties, including any landowners, within the thirty (30) day period defined above. F. Effect of Approval: 1. Following City Council approval of a preliminary plat, the applicant must submit a final plat to the City within one (1) year of preliminary approval unless otherwise specified as a condition of approval or provided for by a development contract otherwise approval of the preliminary plat shall be considered void. 2. The City Council may grant an extension of the preliminary plat approval of up to one (1) year. provided that: a. The extension is requested in writing and filed with the Zoning Administrator at least thirty (30) days prior to the expiration of the initial preliminary plat approval. b. The request for extension states facts demonstrating that a good faith attempt has been made to complete subdivision. C. The circumstances related to the preliminary plat approval, including compliance with official controls has not changed to such extent that the preliminary plat is no longer consistent or compliance with the requirements of the City. G. Amendment: A subdivider may propose an amendment to modifv an approved preliminary plat. No changes in the approved plans, intensity or scope of the subdivision shall, however, be undertaken without prior approval of those changes by the City. Requests for amendment of a preliminary plat shall be processed according to section 10-5-2 of this chapter as the initial preliminary plat application and shall be subject to all requirements and standards of this title. Section 3. Section 10-5-3 of the Subdivision Ordinance (Filing and Review Procedures — Final Plat) is hereby amended to read as follows: 10-5-3: FINAL PLAT: A. Application: 1. After the preliminary plat has been approved, the subdivider shall prepare a request for final plat, as provided within this title, which shall be filed with the Zoning Administrator on an official application form. 2. The application shall be accompanied by a fee as provided in section 3-1-2 of this Code. 3. The Zoning Administrator may approve to process the applications for preliminary plat and final plat concurrently. 4. The final plat application shall not be considered complete unless the applicant has submitted construction plans as required by section 10-10-2 of this title approved and signed by the City Engineer. 5. The applicant shall submit a current Abstract of Title or Registered Property Certificate, along with any unrecorded documents, and an Opinion of Title. 6. The common interest community shall be considered as being complete for review only when there is compliance with all of the information requirements and the appropriate fees and escrows have been submitted. B. Technical Reports: 1. The final plat, including all information outlined in section 10-7-3 of this title, shall be submitted as electronics) files to the Zoning Administrator. 2. The Zoning Administrator shall instruct City staff, including but not limited to, the City Planner, City Engineer, Building Official, and City Attorney, and other agencies as appropriate, to prepare technical reports and provide general assistance in preparing a recommendation on the requested action to the City Council. C. Consistency with Preliminary Plat. The final plat shall strictly conform to the approved preliminary plat. including incorporation of all changes, modifications, and revisions required of the approved preliminary D. Planning Commission Recommendation. Planning Commission review of -a final plat application is not required: the City Council may refer the final plat to the Planning Commission for recommendation if it finds that the proposed final plat is substantially different from the approved preliminary plat or the re uirements of the preliminary plat are not resolved. E. City Council Action: 1. The City Council shall take action on a final plat not more than sixty (60) days after the plat is filed with the City following receipt of an application completed in compliance with this title unless an extension of the review period has been agreed to by the applicant and the City. 2. Prior to recording of a final plat, the applicant shall execute a development contract, including establishment of required securities and payment of required fees and escrow monieswith the City as required by chapter 10 of this title. 3. The subdivider and the designated representatives of the City shall sign the approved final plat within sixty (60) days of City Council approval unless otherwise specified as a condition of approval or provided for by a development contract otherwise approval of the final plat shall be considered void. 4. The City Council may grant an extension for execution of the final plat approval of up to one (1) year, provided that: a. The extension is requested in writing and filed with the Zoning Administrator at least thirty (30) days prior to the expiration of the initial final plat approval. b. The request for extension states facts demonstrating that a good faith attempt has been made to complete subdivision. C. The circumstances related to the preliminary plat approval, including compliance with official controls, has not changed to such extent that the preliminary plat is no longer consistent or compliance with the requirements of the Citv. d. The subdivider shall be responsible for providing securities based on current construction cost estimates and payment of city fees or cash escrows in accordance with the current fee schedule in effect at the time the final plat is recorded. 5. The City Clerk shall record the signed final plat, executed development contract, and any documents related thereto with the Wright County Recorder. 6. If the final plat is not approved, the reasons for such action shall be recorded in the official proceedings of the City and shall be transmitted to the applicant. 7. All decisions made by the Citv regarding a final plat shall be final, except that anv aggrieved person shall have the right to appeal within thirty (30) days after delivery of the decision to the appellant, to the District Court in Wright County. Any person seeking judicial review under this ordinance must serve the City and all necessary parties, including any landowners, within the thirty (30) day period defined above. F. Amendment: A subdivider may propose an amendment to modifv an approved final plat. No changes in the approved plans, intensity or scope of the subdivision shall, however, be undertaken without prior approval of those changes by the City. Requests for amendment of a preliminary plat shall be processed according to section 10-5-3 of this chapter as the initial preliminary plat application and shall be subject to all requirements and standards of this title. Section 4. Title 10, Chapter 2 of the Subdivision Ordinance (Procedures for Filing and Review) is hereby amended add the following section with subsequent sections renumbered accordingly: 10-5-4: COMMON INTEREST COMMUNITIES: Minnesota Statutes 515B.1-106 makes applicable the requirements and standards of the Subdivision Ordinance, Zoning Ordinance. and City Code to the common interest community form of property ownership subdivision: a proposed common interest community shall be subject to the following provisions: A. Application: 1. The subdivider shall prepare a request for a common interest community, as provided within this title, which shall be filed with the Zoning Administrator on an official application form. 2. The application shall be accompanied by a fee as provided in section 3-1-2 of this Code. 3. An application shall also be accompanied by electronic copies of a common interest community and supportive information in conformity with requirements of section 10-7-3 of this title. 4. The applicant shall submit a current Abstract of Title or Registered Property Certificate, along with any unrecorded documents. an Opinion of Title, and a legal description of the property to be subdivided. 5. The common interest community shall be considered as being complete for review only when there is compliance with all of the information requirements and the appropriate fees and escrows have been submitted. B. Technical Reports: 1. Electronic files shall be submitted to the Zoning Administrator of the following information regarding the common interest community, including: a. All information outlined in section 10-7-3 of this title as determined applicable by the zoning administrator. b. Proposed declaration and bylaws prepared in accordance with Minnesota Statutes 5156, as may be amended. 2. The Zoning Administrator shall instruct City staff, including but not limited to. the Citv Planner. City Engineer, Building Official, and City Attorney, and other agencies as appropriate, to prepare technical reports and provide general assistance in preparing a recommendation on the requested action to the City Council. C. Planning Commission Recommendation. Review of a common interest community application by the Planning Commission is not required: the City Council may refer the common interest community application to the Planning Commission for recommendation if it determines such review is necessary. D. City Council Action: 1. The City Council shall take action on a final plat not more than sixty (60) days after the plat is filed with the City. 2. If accepted, the common interest community shall be approved by resolution, providing for the acceptance of all agreements for basic improvements, public dedication and other requirements as indicated by the city council. 3. If disapproved, the basis for any refusal to approve a common interest community shall be set forth in the proceedings of the council and reported to the person or persons applying for such approval within ten (10) days of the city council's action. 4. All decisions made by the citv council regarding a common interest communitv shall be final except that any aggrieved person shall have the right to appeal within thirty (30) days after delivery of the decision to the appellant, to the District Court in Wright County. Any person seeking_ judicial review under this section must serve the City and all necessary parties, including any landowners, within the thirty (30) day period defined above. D. Special Assessments: When anv existing special assessments which have been levied against the property described shall be divided and allocated to the respective units in the proposed common interest community, the Finance Director shall estimate the clerical cost of preparing-3 revised assessment roll, filing the same with the County Auditor. and making such division and allocation. and upon approval by the council of such cost, the same shall be paid to the City Clerk before the common interest community approval. E. Recording: 1. If the common interest communitv is approved by the ON Council. the subdivider shall record it with the Wright County Recorder within sixty (60)days after said approval or approval of the common interest community shall be considered void, unless a request for time extension is submitted in writing and approved by the City Council: the subdivider shall, immediately upon recording, furnish the City Clerk with evidence of the recording. 2. No building permits shall be let for construction of any structure on any lot in said common interest community plat until the City has received evidence of the common interest community plat being recorded by the Wright County. F. Amendment: Amendments to the declaration of an existing common interest community or further subdivision of units within an existing common interest community may be proposed at any time and shall be processed according to section 10-5-4 of this chapter as the initial common interest community application and shall be subject to all requirements and standards of this title. Section 5. This Ordinance shall be effective upon its passage and publication according to law, (Remainder of page intentionally blank signatures follow) 10 ADOPTED by the Otsego City Council this 28th day of July, 2025. MOTION BY: Dunlap SECONDED BY: Lund IN FAVOR: Stockamp, Dunlap, Goede, Lund, and Tanner OPPOSED: none CITY OF OTSEGO DO I - , ,/Iv Jessica L. Stockamp, Mayo ATTEST: Audra Etzel, City Clerk 11 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA SUMMARY OF ORDINANCE NO.: 2025-05 AN ORDINANCE AMENDING SUBDIVISION ORDINANCE PROCEDURES. NOTICE IS HEREBY GIVEN that on July 28, 2025, Ordinance 2025-05 was adopted by the City Council of the City of Otsego, Minnesota. NOTICE IS FURTHER GIVEN that the ordinance adopted by the City Council amends Subdivision Ordinance addressing application procedures related to submission requirements, appeals, and CIC plats. ADOPTED by the Otsego City Council this 28th day of July, 2025. CITY OF OTSEGO Jessica L. Stockamp, Mayor ATTEST: Audra Etzel, City Clerk Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, Subd.10, this Ordinance is published in summary form. Complete copies of the ordinance are available for inspection by contacting the City Clerk, Otsego City Hall, 13400 90th Street NE, Otsego, Minnesota 55330 during regular office hours. AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF SHERBURNE I do solemly swear that the notice, as per the proof, was published in the edition of the Star News with the known office of issue being located in the county of: SHERBURNE with additional circulation in the counties of: WRIGHT and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 08/02/2025 and the last insertion being on 08/02/2025. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2), If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: If 110 Designated Agent Subscribed and sworn to or affirmed before me on 08/02/2025 /-2 Notary Public Darlene Marie MacPherson Notary Public Minnesota My Commission Expires Jan, 91, 2029 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $999.99 per column inch CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA SUMMARY OF ORDINANCE NO.: 2025-05 AN ORDINANCE AMENDING SUBDIVISION ORDINANCE PROCEDURES. NOTICE IS HEREBY GIVEN that on July 28, 2025, Ordinance 2025-05 was adopted by the City Council of the City of Otsego, Min- nesota. NOTICE IS FURTHER GIVEN that the ordinance adopted by the City Council amends Subdivision Ordinance addressing application procedures related to submission requirements, appeals, and CIC plats. ADOPTED by the Otsego City Council this 281' day of July, 2025. CITY OF OTSEGO Jessica L. Stockamp, Mayor ATTEST: Audra Etzel, City Clerk Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A,01, Subd.10, this Ordinance is pub- lished in summary form. Complete copies of the ordinance are avail- able for inspection by contacting the City Clerk, Otsego City Hall, 13400 9011 Street NE, Otsego, Min- nesota 55330 during regular office hours. Published in the Star News August 2, 2025 1484276 Ad ID 1484276