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)