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05-04RESOLUTION NO: 2005-04 CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA RESOLUTION AFFIRMING AND EXPANDING UPON DEVELOPMENT POLICIES FOR NEW RESIDENTIAL GROWTH WITHIN EAST AND WEST SANITARY SEWER DISTRICTS OF THE CITY OF OTSEGO. WHEREAS, on 22 November 2004 the City adopted an updated comprehensive plan; and, WHEREAS, the Comprehensive Plan establishes goals, policies and programs to provide direction, guidance and growth management for on-going development of the City; and, WHEREAS, the Comprehensive Plan establishes, in part, the following polices based on the goal that expansion of urban uses shall occur on a staged basis providing for a logical extension of related community services in a fiscally responsible manner. Boundary limits for urban expansion shall be clearly delineated and expanded in a staged manner such that urban uses be prohibited from prematurely encroaching into rural areas. 2. Promote infill development and follow an orderly development pattern for urban expansion that capitalizes on in place utility and service investment. 3. Discourage urban development of parcels not contiguous to existing development that expand the City's service delivery areas and create scattered nodes of development. 4. Promote commercial and industrial development in order to create more employment opportunities and strengthen the tax base within Otsego. 5. Thirty (30) percent of available waste water treatment plant capacity within each sewer service district shall be reserved for commercial and industrial development. 6. Establish growth control mechanisms that allow specific annual levels of residential development that can be accommodated in a fiscally responsible manner based on existing service capacities. 7. A maximum Five year [land] supply for urban residential development shall be provided in the sanitary sewer service district based upon City estimated demand. 8. The City shall plan its utility service and street extensions to accommodate long term growth and urban expansion in the community. 9. Prevent premature subdivisions in areas that lack adequate infrastructure such as utilities, streets or parrs. 10. Require infrastructure improvements associated with new development to be financed by those creating the need for the improvements, except as may be identified by the City's improvement plans. 11. Final plats shall be limited to development that will occur within two years of City approval. 12. The City shall require financial securities to insure performances on plats to provide an incentive for timely development. WHEREAS, the Comprehensive Plan, in part, establishes an interim land use plan to provide criteria for evaluation of applications to allow development of those uses guided by the Future Land Use Plan, requiring those making the request to demonstrate: 1. Consistency with Comprehensive Plan: A proposed development shall be consistent with the goals, policies and recommendations of the Comprehensive Plan and which follow planned public improvement corridors or constitute an infilling of development shall be deemed consistent with the City's growth strategies as outlined in the Comprehensive Plan. 2. Adequate Waste Disposal Systems: A proposed development shall be deemed to have adequate waste disposal systems if within the sanitary sewer service district, there is adequate sewer capacity in the present system to support the proposed development if constructed to its 0 maximum permissible density after reasonable sewer capacity is reserved for planned public facilities and commercial and industrial development projected for the next five (5) years, or if in areas outside of the sanitary sewer service district, there is adequate on-site sewer capacity potential to support the development if constructed to the maximum permissible density indicated in the Otsego Comprehensive Plan. 3. Adequate Water Supply. A proposed development shall be deemed to have an adequate water supply if the proposed development has adequate sources of water, either from public systems or private wells, to serve the proposed development if constructed to its maximum permissible density without causing an unreasonable depreciation of existing water supplies for surrounding areas. 4. Adequate Drainage: A condition of adequate drainage shall exist if - a. Surface or subsurface water retention and runoff is such that it does not constitute a danger to the structural security of structures within the proposed development. b. Structures within the proposed development will not result in pollution of water sources from erosion and siltation. C. The proposed development and related site grading will not cause harmful and irreparable damage from erosion and siltation on downhill or downstream land. d. Factors to be considered in making these determinations may include: average rainfall for the area, the relation of the land to the floodplain; the nature of soils and subsoils and their ability to adequately support surface water runoff and waste disposal systems, the slope of the land and its effect on effluents, and the presence of streams as related to effluent disposal. 5. Adequate Streets: A proposed development shall be deemed to have adequate streets to serve the development when: a. Streets that serve the proposed development are of such a width, grade, stability, vertical and horizontal alignment, site distance and surface condition that an increase in traffic volume generated by the proposed development will not create a hazard to public safety and general welfare, not aggravate an already hazardous condition, and when, with due regard to the advice of Wright County and/or the Minnesota Department of Transportation, said streets are appropriate for the intended use. b. The traffic volume generated by the proposed development would not create unreasonable congestion or unsafe conditions on streets existing at the time of the application or proposed for completion within the next two (2) years. 6. Adequate Public Service Capacity. A proposed development shall be determined to have necessary public service capacity when recreational facilities, police protection, fire protection and other public facilities that must be provided at public expenses can reasonably be provided for within the next two (2) years. 7. Consistency with Capital Improvement Plans: A proposed development shall be deemed consistent with capital improvement plans when improvements and/or services necessary to accommodate the proposed subdivision have been programmed in the Otsego, Wright County or other regional capital improvement plans or that a revision to capital improvement programs can be accommodated. WHEREAS, the Comprehensive Plan establishes a goal that not more than an average of four hundred (400) building permits for new residential dwelling units be issued annually within the east and west sewer districts combined and that the City will periodically define the amount of new development that can be accommodated. NOW, THEREFORE, BE IT RESOLVED THAT on-going development in the City of Otsego shall be guided, directed and managed in accordance with the goals and polices of the Comprehensive Plan and the following additional stipulations: 4 The approximate supply of approved preliminary platted lots not final platted within the east and west sanitary sewer service district shall not exceed one hundred (100) percent of available waste water treatment capacity designated for residential use within each sewer district, respectively. 2. Potential developers within the east and west sewer district shall submit a phasing plan with each preliminary plat application outlining the anticipated build -out of a proposed subdivision. The phasing plan is subject to approval of the City Council, its schedule shall be made a condition of preliminary plat approval, and it shall be incorporated as part of the terms and conditions of a development contract executed for the initial final plat of a phased development. 3. Approval of a preliminary plat shall not guarantee access to sanitary sewer service. Allocation of waste water treatment capacity shall be issued on a first come, first serve basis, subject to approval of a final plat and execution of a development contract (including specifically payment of SAC and WAC fees for receipt of trunk sewer and water services) to assure the City of timely development, except that not more than twenty (20) percent of the total waste water treatment capacity designated for residential uses within each individual sewer district shall be allocated to final plats within a single development for a twenty-four (24) month period, unless specifically approved by the City Council. 4. The average annual number of building permits for new residential dwellings issued within the east and west sanitary sewer districts combined shall be determined based on the ten (10) year period from 1999 to 2008. 5. Based on actual data regarding waste water flow processed at the East Waste Water Treatment Plant and the recommendations of the City Engineer, 175 gpd. shall be used as the basis for Residential Equivalent Connections (RECs) for the purpose of determining and allocating sanitary sewer treatment capacity. ADOPTED this 14th day of February, 2005, by the City Council of the City of Otsego, Minnesota. CITY OF OTSEGO 141 --a wK= ►i •moii, d4 derk/Zoning A• 5