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03-64RESOLUTION NO.: 2003-64 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA RESOLUTION AMENDING THE INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON RESIDENTIAL SUBDIVISIONS WITHIN THE EAST SANITARY SEWER SERVICE DISTRICT TO ALLOW FOR THE TRANSFER OF EXEMPTED LOTS. WHEREAS, the Otsego City Council adopted an interim Ordinance on 02-25-02 establishing a moratorium on residential subdivisions within the east sanitary sewer service district as defined by the Comprehensive Plan; and, WHEREAS, the interim Ordinance was adopted as the number of residential lots preliminary platted exceeded the capacity of the permitted 400,000 gallon per day east waste water treatment plant allocated for residential uses based on the policies of the Comprehensive Plan; and, WHEREAS, although the City only allocates sanitary sewer capacity upon final plat approval and upon the developer meeting all conditions of the approval, it is prudent for the City to halt further applications for residential development within the east sanitary sewer service district until expansion of the waste water treatment plant is ordered and appropriate changes, if any, are made to the Comprehensive Plan and official controls; and, WHEREAS, while the City has the authority to adopt a moratorium that would effect those developments already preliminary platted, it desires to allow those applications already preliminary platted to proceed with their applications to final plat while preventing further applications that could potentially affect the City's service delivery capability; and, WHEREAS, the interim Ordinance allowed specific exemptions to the moratorium upon the understanding that the number of residential units contemplated at the time of final plat is substantially similar to the anticipated residential units established by the approved preliminary plat; and, WHEREAS, Orrin Thompson Homes, Inc. received approval of a preliminary plat entitled Riverpointe prior to adoption of the interim Ordinance establishing the moratorium and the interim Ordinance specifically allowed for the preliminary plat to proceed to final plat with the same approximate number of residential units; and, WHEREAS, the City Engineer has identified that 45 lots within the approved Riverpointe Preliminary Plat have not been final platted as of this date; and, WHEREAS, Orrin Thompson Homes, Inc desires to transfer the exemption allowing the final platting of 45 residential units to adjacent property proposed to be developed as part of the River Place preliminary plat within the east sanitary sewer service district; and, WHEREAS, the City Engineer estimates that approximately 67 residential equvilant connections (RECs) remain unallocated from the current 400,000 gpd. capacity of the east waste water treatment plant; and, WHEREAS, the City only allocates sanitary sewer capacity to approved final plats with executed development agreements. Exemption from the Interim Ordinance does not guarantee access to sanitary sewer service capacity; and, THEREFORE BE IT RESOLVED, that the interim Ordinance establishing a subdivision moratorium within the east sanitary sewer service district defined by the Comprehensive Plan is hereby amended to exempt the lands to be preliminary plated as part of the River Place development, subject to the following stipulations; 1. The number of residential units that may be final platted from the River Place preliminary plat shall not exceed 45 units. Final platting of additional residential units shall be temporarily prohibited under the provisions of the interim Ordinance. 2. The lands within the Riverpointe preliminary platted not final platted as buildable lots and blocks shall be subject to the provisions of the interim Ordinance temporarily prohibiting acceptance of applications for residential subdivisions, including preliminary or final plats. sego City Council this 28th day of July, 2003. CITY OF OTSEGO BYV arty FgWrnier, Mayor ATTEST: Ju y uds tn,Zoning Administrator/City Clerk Published: Elk River Star News August 6, 2003 Posted: City Hall July 31, 2003 0)