3.6 Bison Plains 2nd Addition
Request for
City Council Action
DEPARTMENT INFORMATION
ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE:
Planning City Planner Licht 25 October 2021
PRESENTER(s) REVIEWED BY: ITEM #:
Consent City Administrator/Finance Director Flaherty
City Engineer Wagner
3.6 – Bison Plains 2nd Add.
STRATEGIC VISION
MEETS: THE CITY OF OTSEGO:
Is a strong organization that is committed to leading the community through innovative
communication.
Has proactively expanded infrastructure to responsibly provide core services.
Is committed to delivery of quality emergency service responsive to community needs and
expectations in a cost-effective manner.
X Is a social community with diverse housing, service options, and employment opportunities.
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of a final plat.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
No
No
BACKGROUND/JUSTIFICATION:
SR, LLC owns Outlots A and B, Bison Plains located west of Jalger Avenue and north of 77th Street. The
property is used in conjunction with Minnesota Native Landscapes (MNL) business located on Lot 1, Block
1, Bison Plains, which is under the same ownership. SR, LLC is proposing to resubdivide Outlots A and B,
Bison Plains into three outlots for the purpose of selling one outlot to the owners of Vireo Health for a
possible expansion of their medical cannabis operation on Lot 2, Block 1, Bison Plains.
Comprehensive Plan. The Comprehensive Plan guides the plat of Bison Plains for future industrial
development. The Interim Land Use Plan policies of the Comprehensive Plan provide that the property is
to be maintained with agricultural or rural uses until such time as the criteria established the
Comprehensive Plan are met to allow for more intensive industrial uses. The MNL use of the outlot is
consistent with the Interim Land Use Plan. Future use of the proposed outlot to be acquired by Vireo
Health will need to be consistent with the land use policies of the Comprehensive Plan.
Zoning. The subject site is zoned A-2, Agriculture Rural Service District. The existing agriculture and
nursery use of the subject site by MNL is a permitted use within the A-2 District. Use of the outlot to be
acquired by Vireo Health will need to be continued under the provisions of the A-2 District. Vireo Health’s
existing use of Lot 2, Block 1 Bison Plains is allowed by conditional use permit within the A-2 District. Any
expansion of the existing use will require amendment of the approved conditional use permit. Expansion
of the use to include more manufacturer, processing, warehouse, and distribution facilities will likely
trigger a need to rezone the property to an industrial district designation corresponding to an increase in
the intensity of the activities.
Outlots. The Zoning Ordinance and Subdivision Ordinance provide for establishment of outlots for the
purpose of dealing with remnant parcels, undevelopable parcels (such as wetlands or stormwater basins),
or properties intended to be future phases of development. Section 11-16-3.G of the Zoning Ordinance
provides that no building permit be issued for construction upon an outlot. Construction of any structure
upon the outlot to be acquired by Vireo Health will require application for preliminary and final plat
approval to establish the parcel as a developable lot and block. Outlots by definition are not subject to
minimum lot area and width requirements until such time as platted as lots/blocks for development.
Access. The MNL and Vireo Health facilities within the Bison Plains plat are accessed via a private
driveway within right-of-way platted for 77th Street, which was previously approved by conditional use
permit. The Bison Plains plat included establishment of right-of-way for a future cul-de-sac turnaround at
the terminus of 77th Street. There is also an existing 80 foot wide easement overlaying Lots 1 and 2, Bison
Plains that would allow for future extension of a street to the north plat line. A proposed platting of
Outlots B or C, Bison Plains 2nd Addition as a lot/block for development is likely to require access to an
improved public street. An long term plan for right-of-way and street construction (including
improvement of 77th Street) will need to be determined with application to plat Outlots B or C, Bison Plains
2nd Addition or the request may be premature as outlined by Section 10-6-1.B.3 of the Subdivision
Ordinance.
Utilities. MNL and Vireo Health currently operate with private on-site septic and well utilities. A proposal
to plat Outlots B or C, Bison Plains as a lot/block for development may require connection to City sewer
and water utilities depending upon the type and scale of the proposed use. Trunk sewer is currently
located east of Kadler Avenue and trunk water is located at the west side of the Otsego I-94 Industrial Park.
The City does not have extension of trunk sewer and water utilities to serve development of the Bison
Plains plat scheduled as part of the Capital Improvement Plan. The need to extend sewer and water
utilities for development of Outlot B or C, Bison Plains 2nd Addition would be evaluated at the time of
application to plat either outlot into a lot/block, as lack of access to utilities is a basis for a premature
subdivision declaration as provided for in Section 10-6-1.B.5 of the Subdivision Ordinance.
Easements. Section 10-8-12 of the Subdivision Ordinance details requirements for easements to be
dedicated with platting of properties. The City does not require dedication of permanent drainage and
utility easements over outlots so as to avoid the need to vacate the same easements when the outlot is
platted as a lot/block. The City has required temporary drainage and utility easements by agreement over
outlots when necessary for stormwater drainage purposes. The temporary drainage and utility easement is
expired upon platting of the property as a lot/block and dedication of permanent easements. The need
for temporary easements over Outlots A, B, and/or C is to be subject to approval of the City Engineer.
Park Dedication. There is no park dedication requirement for subdivision of the two existing outlots into
three outlots. Park dedication requirements as applicable in accordance with Section 10-8-15 of the
Subdivision Ordinance will be determined at such time as the outlots are platted as a lot/block. The City
currently does not require a fee in lieu of park land dedication for industrial uses.
Development Contract. There are no public improvements being installed with the proposed final plat.
Execution of a development contract as required by Section 10-10-4 of the Subdivision Ordinance is not
necessary as a condition of approval to subdivide the two existing outlots into three outlots. A
development contract is likely to be needed when the outlot are platted as a lot/block for development.
SUPPORTING DOCUMENTS ATTACHED:
▪ Site location map
▪ Engineering Review dated October 20, 2021
▪ Findings of Fact and Decision
▪ Bison Plains 2nd Addition Final Plat
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to approve a final plat for Bison Plains 2nd Addition subject to the conditions stipulated in the
Findings of Fact and Decision as presented.
BUDGET INFORMATION
FUNDING: BUDGETED:
N/A
N/A
Wright County, MN
Main Office:
3601 Thurston Avenue, Anoka, MN 55303
Phone: 763/427-5860
www.haa-inc.com
MEMORANDUM
TO: Honorable Mayor and City Council
CC: Adam Flaherty, City Administrator/Financial Director
Audra Etzel, City Clerk
Daniel Licht, City Planner
Dave Kendall, City Attorney
Ronald Wagner, City Engineer
Amy Schaffer, SR LLC
Samuel DeLeo, KLD
FROM: Brent Larson, P.E. Assistance City Engineer
DATE: October 20, 2021
RE: Bison Plains 2nd Addition –Final Plat Submittal Review
We have reviewed the following information provided by KLD on behalf of SR LLC regarding the
Bison Plains 2nd Addition subdivision.
Preliminary Plat of Bison Plains Plat 2, dated 9/14/2021 by KLD
Final Plat of Bison Plains Plat 2, dated 9/14/2021 by KLD
The submittal is to be considered for preliminary and final acceptance. The plat consists of splitting 2
outlots (A & B) from Bison Plans into 3 new outlots. No related improvements are proposed at this
time. We would offer the following comments:
Preliminary Plat of Bison Plains Plat 2
1) A preliminary plat of Bison Plains 2 was provided for the site but only the Final Plat is being
considered for approval at this time therefore this plan was not reviewed. Future development of
the Outlots will require a preliminary and final plat approval for each lot.
Final Plat
2) With the plat of Bison Plans (1st Addition), Lot 1 and Lot 2 shows public right-of-way extension
of a future public road to the north property line. This 80’ (reduces to 50’) wide public road
easement is still shown on current the plat. During the Bison Plains platting process it was
recommended that this public road easement through Lots 1 and 2 be vacated and dedicated
elsewhere to continue public street system for future needs. Currently there is a storm water basin
and wetland within this ROW on Lots 1 and 2. Future development of either Outlot B or C Bison
Plains 2nd Addition will require that this be resolved.
October 20, 2021
Page 2
3) No easements are currently shown with the outlots. At a minimum a 10’ wide easement around is
required along all lot lines adjacent to undeveloped land and other outlots. A minimum 5’ wide
easement is required along lots lines adjacent to platted properties
4) The existing storm water discharge pipe/swale from the storm basin serving Bison Plains shall be
covered by a minimum 10’ wide drainage and utility easement.
5) A driveway and fence were installed along the east property line of Bison Plains Lot 2 that
encroaches into Outlot B. An easement was to be provided covering this encroachment and shall
be shown on the plat.
Summary and/or Recommendation
We recommend approval contingent on the above comments being addressed.
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19 Oct 21
FINDINGS & DECISION
Final Plat
APPLICANT: SR, LLC
APPLICATION: Request for final plat approval of Bison Plains 2nd Addition
CITY COUNCIL MEETING: 25 October 2021
FINDINGS: Based upon review of the application and evidence received, the Otsego City Council now makes
the following findings of fact:
A. The legal description of the property is Outlots A and B, Bison Plains.
B. The property lies within the West Sewer District and is guided Industrial land uses by the 2012 Otsego
Comprehensive Plan, as amended.
C. The property is zoned A-2, Agriculture Rural Service District.
D. The applicant is proposing to subdivide two existing outlots into three outlots.
F. The Request for Council Action dated 25 October 2021 prepared by the City Planner, The Planning
Company LLC, is incorporated herein.
G. The engineering review dated October 20, 2021 prepared by the City Engineer, Hakanson Anderson,
Inc. is incorporated herein.
H. Applications for final plat approval are processed in accordance with Section 10-5-3 of the Subdivision
Ordinance and do not require review by the Planning Commission.
DECISION: Based on the foregoing information and applicable ordinances, the request is hereby APPROVED,
subject to the following conditions:
1. Outlots shall be subject to the provisions of Section 11-16-3.G of the Zoning Ordinance.
2. Platting of an outlot(s) as a lot/block shall be subject to the criteria established by Chapter 6 of the
Subdivision Ordinance.
3. Dedication of temporary drainage and utility easements over Outlots A, B, and/or C shall be subject to
review and approval of the City Engineer.
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MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 25th day of October, 2021.
CITY OF OTSEGO
By:________________________________
Jessica L. Stockamp, Mayor
Attest:
By:____________________________
Audra Etzel, City Clerk