ITEM 3.6 SR LLC10
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MINNESOTA g
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT REQUESTOR:
MEETING DATE:
Planning City Planner Licht
25 September 2017
PRESENTER(s) REVIEWED BY:
ITEM #:
Consent Agenda
3.6 — SR LLC
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of a Zoning Map amendment, preliminary plat/PUD-CUP, final plat and
vacation of existing right-of-way and drainage and utility easements.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No
Held by Planning Commission 18 September 2017
BACKG ROU N D/J USTI FICATI ON:
SR LLC has submitted application for preliminary and final plat approval of Bison Plains consisting of two
lots and two outlots. The subject site includes the Minnesota Native Landscapes wetland restoration
business location. The preliminary/final plat will incorporate the additional 39.58 acres east of the initial
Minnesota Native Landscapes parcel that was acquired by the property owner and annexed to the City by
ordinance on 14 November 2016. The application also includes a request to amend the Zoning Map
rezoning the annexed parcel to A-2, Agriculture Long Range Urban Service Area consistent with the balance
of the property, a PUD -CUP for the area and access for Lot 2, Block 1, and vacation of existing easements.
The Planning Commission held a public hearing on 18 September 2017 to consider the application. Joe and
Amy Schaffer were present as the applicant. Mr. Schaffer indicated that the additional property is to be
used as part of the existing Minnesota Natives Landscapes wetland restoration business. Area residents
also asked about site grading and a future north -south street along the east side of Outlot B. City staff
explained that no physical changes are planned at this time. Construction of the north -south street will be
delayed until such time as there is a further development of abutting property, and then the roadway
would be designed in consideration of area topography and wetlands. The Planning Commission had no
questions or comments regarding the application. The public hearing was closed and the Planning
Commission voted 6-0 to recommend City Council approval of the application.
SUPPORTING DOCUMENTS ATTACHED:
• Planning Report dated 14 September 2017
• Engineering Review No. 2 dated August 28, 2017
• Zoning Map Findings of Fact and Decision
• Ordinance 2017-12 amending the Zoning Map
• Preliminary Plat/Final Plat/PUD-CUP Findings of Fact and Decision
• Resolution 2017-78 vacating existing right-of-way and drainage and utility easements
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES:
Motion to adopt Ordinance 2017-12 amending the Zoning Map, approve a Preliminary Plat/PUD-CUP and
final plat for Bison Plains subject to the conditions outlined in the findings of fact and decision as
presented, and adopt Resolution 2017-78 vacating existing drainage and utility easements and public
right-of-way easement.
BUDGET INFORMATION
FUNDING: BUDGETED:
NA
TPC
The Planning Company
PLANNING REPORT
TO: Otsego Planning Commission
FROM: D. Daniel Licht, AICP
RE: Otsego — Bison Plains
REPORT DATE: 14 September 2017
ACTION DATE: 21 October 2017
TPC FILE: 101.02
BACKGROUND
SR LLC has submitted application for preliminary and final plat approval of Bison Plains
consisting of two lots and two outlots. The subject site includes the Minnesota Native
Landscapes wetland restoration business location. The preliminary/final plat will incorporate
the additional 39.58 acres east of the initial Minnesota Native Landscapes parcel that was
acquired by the property owner and annexed to the City by ordinance on 14 November 2016.
The preliminary/final plat provides a lot for the Minnesota Native Landscapes buildings and
subdivides the building used by the separate business tenant onto their own lot, which that
business will then own. The undeveloped portions of the existing and annexed property is to
be platted as two outlots. The application also includes a request to amend the Zoning Map
rezoning the annexed parcel to A-2, Agriculture Long Range Urban Service Area consistent with
the balance of the property, a PUD -CUP for the area and access for Lot 2, and vacation of
existing right-of-way and drainage and utility easements.
Exhibits:
A. Site Location Map
B. Preliminary Plat
ANALYSIS
Zoning. The initial Minnesota Native Landscapes parcel is zoned A-2 District. The annexed
parcel is zoned A-1, Agriculture Rural Service District as specified by Section 20-50-4 of the
Zoning Ordinance. The property owner is requesting a Zoning Map amendment including the
entire preliminary plat within the A-2 District. The A-2 District allows for both existing
businesses within the subject site and their past approvals are not affected by the subdivision
as there is no change to the operation of the uses themselves.
Lot Requirements. Lots within the A-2 District established after 14 October 2002 are required
to be a minimum of 20 acres in area and 450 feet in width, except by conditional use permit.
With approval of a conditional use permit, the lots may be a minimum of one acre with a
minimum width of 150 feet. Lot 1 is to be 10.4 acres in area and Lot 2 is to be 6.0 acres in area.
The area of the proposed lots is based on the area needed to accommodate the current
business and allows potential for expansion. The platting of the balance of the properties as
outlots provides for continuation of agriculture activities until a more intense use is identified.
Approval of the proposed lots being less than 20 acres in area and less than 450 feet in width
with a PUD -CUP complies with the intent and requirements of the Zoning Ordinance.
Setbacks. The table below outlines the setbacks required by the A-2 District:
Yard
Front
Side
Rear
Setback
35ft.
10ft.
50ft.
The existing buildings within Lot 1 comply with all applicable setbacks. Lot 2 does not have
defined front, side, or rear yards being completely surrounded by Lot 1 and Outlots A and B.
Setbacks within this lot will be established by the PUD -CUP as 10 feet from any lot line.
Access. The subject site is accessed via right-of-way extended from the terminus of 77th Street.
A right-of-way easement was recorded over the east line of the initial Minnesota Native
Landscapes parcel to allow for future extension of a north -south street. City staff believes a
better location for a north -south street is along the east line of the parcel annexed to the City
to be platted as Outlot B based on spacing from Jalger Avenue. As such, the proposed
preliminary plat includes vacation of the existing north -south right-of-way easement and
dedication of right-of-way for a cul-de-sac turnaround at the south line of the preliminary plat.
As the existing right-of-way easement will not serve a public purpose, it's vacation is
appropriate. The developer will be required to construct a gravel turnaround at the terminus
of 77th Street, subject to approval of the City Engineer.
Lot 2 does not have frontage or direct access to a public street. The design of the preliminary
plat in such a manner is common for industrial type uses and may be allowed by approval of a
PUD -CUP. Anew access easement will be dedicated from the cul-de-sac terminus of 77th
Street north to proposed Lot 2 to allow access to a public street. If a new driveway is to be
4
constructed to access Lot 2, the design and specifications for the driveway are to be subject to
review and approval of the City Engineer.
Easements. Section 21-7-15 of the Subdivision Ordinance requires dedication of drainage and
utility easements at the perimeter of Lots 1 and 2. These easements are shown on Lots 1 and
2, as well as Outlots A and B. All drainage and utility easements are subject to review and
approval of the City Engineer.
Grading Plan. No grading plan has been submitted as no site alterations are proposed at this
time.
Utilities. There are no sanitary sewer and municipal water utilities available to the subject site.
The existing developed uses within the preliminary plat are served by on-site septic and well
utilities.
Park and Trail Dedication. The preliminary/final plat establishes Lot 2 as separate from the
balance of the Minnesota Natives Landscapes development. The portion of Lot 2 not previously
platted as a developed parcel is 3.1 acres. Such action is subject to park and trail dedication
requirements established by Section 21-7-18 of the Subdivision Ordinance. The Future Parks
and Trails Plan within the 2012 Comprehensive Plan does not identify acquisition of land within
the area of the preliminary plat, so park and trail dedication will be satisfied as a cash fee in lieu
of land. The cash fee in lieu of land for an agricultural business use is $3,500 per acre or
$10,850, which must be paid prior to recording the final plat.
Criteria. Consideration of the Zoning Map amendment and PUD -CUP applications is to be
based upon the criteria set forth in Section 20-3-2.F and 20-4-2.17, of the Zoning Ordinance
respectively:
1. The proposed action's consistency with the specific policies and provisions of the Otsego
Comprehensive Plan.
Comment: The Comprehensive Plan guides the subject site for industrial land uses.
Minnesota Native Landscapes and the tenant business are defined as agricultural uses,
which are appropriate for the subject site on an interim basis until such time as utility
infrastructure is extended to allow for development of more urban industrial businesses.
The subdivision of the initial parcel separating the two businesses onto individual lots
and incorporating the annexed parcel is consistent with the interim rural use of the
property and future development of industrial uses guided by the Comprehensive Plan.
2. The proposed use's compatibility with present and future land uses of the area.
Comment: The uses are agricultural in nature. The subject site and surrounding area
is rural, but planned for future industrial development. The existing uses and proposed
preliminary/final plat will be compatible with existing and future uses in the area.
3
3. The proposed use's conformity with all performance standards contained within the
Zoning Ordinance and other provisions of the City Code.
Comment: The proposed lots comply with the requirements and intent of the Zoning
Ordinance, Subdivision Ordinance, and Engineering Manual subject to modifications
allowed by approval of the PUD -CUP.
4. Traffic generation of the proposed use in relation to capabilities of streets serving the
property.
Comment: The proposed preliminary/final plat will not result in additional traffic
generation beyond what may be expected from the natural growth of the existing
businesses.
5. The proposed use can be accommodated by existing public services and facilities and
will not overburden the City's service capacity.
Comment: The proposed preliminary/final plat will not result in a significant
intensification of development or activity within the site and the City has adequate
capacity to serve the existing uses.
RECOMMENDATION
Our office recommends approval of the applications for Bison Plains subject to the conditions
as outlined below.
POSSIBLE ACTIONS
Decision 1— Zoning Map Amendment
A. Motion to recommend City Council approval of a Zoning Map amendment rezoning
property from A-1 to A-2 District based on a finding that such action is consistent with
the Comprehensive Plan.
B. Motion to deny the request based on a finding that the application is not consistent
with the Comprehensive Plan.
C. Motion to table.
M
Decision 2 — PUD-CUP/Preliminary Plat -Final Plat/Easement Vacation
A. Motion to recommend City Council approval of a PUD -CUP, Preliminary and Final Plat,
and vacation of existing easements for Bison Plains, subject to the following conditions:
Principal and accessory buildings within Lot 2, Block 1 shall be setback a
minimum of 10 feet from any lot line.
An access easement between 77th Street and Lot 2, Block 1 shall be drafted and
recorded with the final plat, subject to review and approval of City staff.
3. Dedication of all easements shall be subject to review and approval of the City
Engineer.
4. All utility issues shall be subject to review by the City Engineer.
5. The developer shall satisfy park and trail dedication requirements as a cash fee in
lieu of land prior to recording the final plat.
B. Motion to deny the request based on a finding that the application is not consistent
with the Comprehensive Plan and does not comply with the requirements of the Zoning
Ordinance and Subdivision Ordinance.
Adam Flaherty, City Administrator/Finance Director
Tami Loff, City Clerk
Andy MacArthur, City Attorney
Ron Wagner, City Engineer
Hakanson
1-11iAnderson
ENGINEERING REVIEW
Industrial Subdivision
for the City of Otsego
by
Hakanson Anderson
Submitted to: Honorable Mayor and City Council
cc: Adam Flaherty, City Administrator
Tami Loff, City Clerk
Dan Licht, City Planner
Andy MacArthur, City Attorney
Joe and Amy Schaffer
J. DeLeo, RLS, Kramer Leas DeLeo
Reviewed by:
Date:
Proposed
Development:
Street Location
of Property:
Applicant:
Developer:
Owners of Record:
Purpose:
Ronald J. Wagner, P.E.
Brent M. Larson, P.E.
August 28, 2017
Bison Plains
Section 28 Township 121 North Range 24 West
West of Jalger Avenue NE and north of 77th Street.
Amy Schaffer
SR,LLC
8740 77th St NE
Otsego MN 55362
SR,LLC
874077 th St NE
Otsego MN 55362
Review No. 2
Joe and Amy Schaffer
9471 Javer Ave NE
Monticello MN 55362
Joe and Amy Schaffer
9471 Javer Ave NE
Monticello MN 55362
Industrial Park is a proposed 70.48 acre light industrial
development
Jurisdictional Agencies: City of Otsego, Wright County, Minnesota Department of
(but not limited to) Health, Minnesota Department of Natural Resources, Minnesota
Pollution Control Agency, Wright Soil and Water Conservation
District.
Permits Required: NPDES, Minnesota Department of Health (water), and
(but not limited to) Minnesota Pollution Control Agency (sanitary sewer)
TABLE OF CONTENTS
INFORMATION AVAILABLE
PRELIMINARY PLAT
OTHER CONSIDERATIONS
SUMMARY AND/OR RECOMMENDATION
PAGE 2
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INFORMATION AVAILABLE
Preliminary Plat for Bison Plains, dated 8/16/17, by KDL
Certificate of Survey — Easement Drawing, dated 8/5/17, by KDL
Legal Description for Ingress and Egress Easement, dated 8/5/17, by KDL
Additional Information
Minnesota Rules, Chapter 4410 — EAW Requirement
City of Otsego Engineering Manual
City of Otsego Zoning and Subdivision Ordinances
National Wetland Inventory Map
PAGE 3
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PRELIMINARY PLAT
1) With Lot 2 blocking the extension of a future public road public road easement must be
dedicated through property elsewhere to continue public street system for future needs. We
recommend an 80' wide public road right-of-way (ROW) be extended along the SW property
line to the east property line (i.e. extension of 771h St). The ROW shall turn to the north at
the east property line with a 250' horizontal curve and extend to the north property line. The
ROW along the east property line shall be 40' wide.
2) With the above described ROW the 80 foot wide public road easement per Doc. Nos.
1076182, 1076183, and 1076184 shall be vacated north of the ROW along the SW property
line. This should change to ingress and egress easement for Lot 2 Block 1 of Bison Plains
3) The ingress egress easement across Lot 1, Blockl is not necessary with the ROW described
in Comment #1
4) The purpose for Lot 2 Block 1 jog of 9.7' along the south property line is unclear. Please
provide justification.
5) Preliminary plats require the following additional information
Existing Conditions
a. Existing zoning classifications for land in and abutting the subdivision.
b. Show location, names, widths of existing streets, buildings, etc within 150'.
c. Location, size, and elevations of existing sewers, watermain, culverts, and other
underground facilities within 150'.
d. 2 -foot contours. Water courses, marshes, wooded areas, rock outcrops, power
transmission poles and lines. USGS datum shall be used for all topographic mapping.
e. Subsurface conditions for subdivisions utilizing individual water and sewer systems.
Locations and results of soil borings, percolation tests, etc.
f. 100 -year flood elevations.
g. Statement certifying the environmental condition of the site including the presence of
any hazardous substance as defined in Minnesota Statutes 115B.02, Subd 8.
h. Geotechnical data.
Proposed Design Features
i. Layout of proposed streets, ROW widths, centerline gradients, roadway widths,
typical cross-sections, proposed street names.
j. Location and sizing of proposed on-site water systems.
k. Location and size of proposed on-site waste disposal system.
1. Grading plan with proposed grading and drainage, ponding, garage floor, first floor,
and basement elevations.
OTHER CONSIDERATIONS
6) Storm water treatment shall meet or exceed all City of Otsego and NPDES permit
requirements.
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SUMMARY AND/OR RECOMMENDATION
We recommend approval contingent on the above comments being addressed.
PAGE 5
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W
CITY F
Ot�effo
MINNESOTA V
APPLICANT: SR LLC
19 September 17
FINDINGS & DECISION
ZONING MAP AMENDMENT
APPROVAL
APPLICATION: Request for a Zoning Map amendment for land included in the Bison Plains Final
Plat.
CITY COUNCIL MEETING: 25 September 2017
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 attached as Exhibit A.
B. The property lies within the West Sewer District and is guided for industrial land uses by the
2012 Otsego Comprehensive Plan, as amended.
C. The property is zoned A-1, Agriculture Rural Service District.
D. The applicant is requesting amendment of the Zoning Map rezoning the property to A-2,
Long Range Urban Service District.
E. The Planning Commission and City Council must take into consideration the possible effects
of the request with their judgment based upon (but not limited to) the criteria outlined in
Section 20-3-2.F of the Zoning Ordinance:
The proposed action's consistency with the specific policies and provisions of the
Otsego Comprehensive Plan.
Finding: The Comprehensive Plan guides the subject site for industrial land uses.
Minnesota Native Landscapes and the tenant business are defined as agricultural
uses, which are appropriate for the subject site on an interim basis until such time as
utility infrastructure is extended to allow for development of more urban industrial
businesses. The subdivision of the initial parcel separating the two businesses onto
individual lots and incorporating the annexed parcel is consistent with the interim rural
use of the property and future development of industrial uses guided by the
Comprehensive Plan.
2. The proposed use's compatibility with present and future land uses of the area.
Finding: The uses are agricultural in nature. The subject site and surrounding area is
rural, but planned for future industrial development. The existing uses and proposed
preliminary/final plat will be compatible with existing and future uses in the area.
3. The proposed use's conformity with all performance standards contained within the
Zoning Ordinance and other provisions of the City Code.
Finding: The proposed lots comply with the requirements and intent of the Zoning
Ordinance, Subdivision Ordinance, and Engineering Manual subject to modifications
allowed by approval of the PUD -CUP.
4. Traffic generation of the proposed use in relation to capabilities of streets serving the
property.
Finding: The proposed preliminary/final plat will not result in additional traffic
generation beyond what may be expected from the natural growth of the existing
businesses.
5. The proposed use can be accommodated by existing public services and facilities
and will not overburden the City's service capacity.
Finding: The proposed preliminary/final plat will not result in a significant
intensification of development or activity within the site and the City has adequate
capacity to serve the existing uses.
F. The planning report dated 14 September 2017 prepared by the City Planner, The Planning
Company LLC., is incorporated herein.
G. The engineering review dated August 28, 2017 prepared by the City Engineer, Hakanson
Anderson, Inc., is incorporated herein.
H. The Otsego Planning Commission held a public hearing at their regular meeting on 18
September 2017 to consider the application, preceded by published and mailed notice.
Based upon review of the application and evidence received, the Otsego Planning
Commission closed the public hearing and recommended by a 6-0 vote that the City Council
approve the request based on the aforementioned findings.
DECISION: Based on the foregoing information and applicable ordinances, the request is hereby
APPROVED.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 25th day of September, 2017.
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor
E
Attest:
Tami Loff, City Clerk
ORDINANCE NO.: 2017-12
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
OTSEGO TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FOR LAND
LOCATED INCLUDED WITHIN THE BISON PLAINS FINAL PLAT.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. The official Zoning Map of the Otsego Zoning Ordinance is hereby
amended to change the zoning classification of the property legally by Exhibit A.
Section 2. The property is hereby rezoned from an A-1, Agricultural Rural
Service District designation to A-2, Long Range Urban Service District designation.
Section 3. The Zoning Map of the City of Otsego shall not be republished to
show the aforesaid rezoning, but the Zoning Administrator shall appropriately mark the
Zoning Map on file at City Hall for the purpose of indicating the rezoning hereinabove
provided for in this Ordinance, and all of the notations, references and other information
shown thereon are hereby incorporated by reference and made part of this Ordinance.
Section 4. This Ordinance shall become effective immediately upon its passage
and publication according to Law.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
2013.
ADOPTED by the City Council of the City of Otsego this 11th day of March,
CITY OF OTSEGO
Jessica L. Stockamp, Mayor
ATTEST:
Tami Loff, City Clerk
ATTACH LEGAL DESCRIPTION HERE
EXHIBIT A
P
OtsTe, o
MINNESOTA V
APPLICANT: SR LLC
19 September 17
FINDINGS & DECISION
PRELIMINARY PLAT/PUD-CUP
AND FINAL PLAT APPROVAL
APPLICATION: Request for approval of a preliminary plat/PUD-CUP and final plat for Bison Plains.
CITY COUNCIL MEETING: 25 September 2017
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 attached as Exhibit A.
B. The property lies within the West Sewer District and is guided for industrial land uses by the
2012 Otsego Comprehensive Plan, as amended.
C. The property is zoned A-2, Long Range Urban Service District.
D. The Planning Commission and City Council must take into consideration the possible effects
of the request with their judgment based upon (but not limited to) the criteria outlined in
Section 20-4-2.F of the Zoning Ordinance:
1. The proposed action's consistency with the specific policies and provisions of the
Otsego Comprehensive Plan.
Finding: The Comprehensive Plan guides the subject site for industrial land uses.
Minnesota Native Landscapes and the tenant business are defined as agricultural
uses, which are appropriate for the subject site on an interim basis until such time as
utility infrastructure is extended to allow for development of more urban industrial
businesses. The subdivision of the initial parcel separating the two businesses onto
individual lots and incorporating the annexed parcel is consistent with the interim rural
use of the property and future development of industrial uses guided by the
Comprehensive Plan.
2. The proposed use's compatibility with present and future land uses of the area.
Finding: The uses are agricultural in nature. The subject site and surrounding area is
rural, but planned for future industrial development. The existing uses and proposed
preliminary/final plat will be compatible with existing and future uses in the area.
3. The proposed use's conformity with all performance standards contained within the
Zoning Ordinance and other provisions of the City Code.
Finding: The proposed lots comply with the requirements and intent of the Zoning
Ordinance, Subdivision Ordinance, and Engineering Manual subject to modifications
allowed by approval of the PUD -CUP.
4. Traffic generation of the proposed use in relation to capabilities of streets serving the
property.
Finding: The proposed preliminary/final plat will not result in additional traffic
generation beyond what may be expected from the natural growth of the existing
businesses.
5. The proposed use can be accommodated by existing public services and facilities
and will not overburden the City's service capacity.
Finding: The proposed preliminary/final plat will not result in a significant
intensification of development or activity within the site and the City has adequate
capacity to serve the existing uses.
E. The planning report dated 14 September 2017 prepared by the City Planner, The Planning
Company LLC., is incorporated herein.
F. The engineering review dated August 28, 2017 prepared by the City Engineer, Hakanson
Anderson, Inc., is incorporated herein.
G. The Otsego Planning Commission held a public hearing at their regular meeting on 18
September 2017 to consider the application, preceded by published and mailed notice.
Based upon review of the application and evidence received, the Otsego Planning
Commission closed the public hearing and recommended by a 6-0 vote that the City Council
approve the request based on the aforementioned findings.
DECISION: Based on the foregoing information and applicable ordinances, the request is hereby
APPROVED, subject to the following conditions:
Principal and accessory buildings within Lot 2, Block 1 shall be setback a minimum of 10 feet
from any lot line.
2. An access easement between 77th Street and Lot 2, Block 1 shall be drafted and recorded
with the final plat, subject to review and approval of City staff.
3. Dedication of all easements shall be subject to review and approval of the City Engineer.
4. All utility issues shall be subject to review by the City Engineer.
5. The developer shall satisfy park and trail dedication requirements as a cash fee in lieu of
land prior to recording the final plat.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
0,4
ADOPTED by the City Council of the City of Otsego this 25th day of September, 2017.
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor
Attest:
Tami Loff, City Clerk
RESOLUTION NO.: 2017 - 78
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
A RESOLUTION APPROVING VACATION OF EXISTING DRAINAGE AND UTILITY
AND RIGHT-OF-WAY EASEMENTS.
WHEREAS, drainage and utility and right-of-way easements were dedicated as
described by Exhibit A; and,
WHEREAS, SR LLC has received approval to final plat Bison Plains; and,
WHEREAS, SR LLC has applied for vacation of the drainage and utility and right-
of-way easements previously dedicated; and,
WHEREAS, the Planning Commission held a public hearing at their regular
meeting on 18 September 2017 to consider the vacation, preceded by required
published and mailed legal notice; and,
WHEREAS, the Planning Commission heard all parties interested therein and
closed the public hearing; and, based upon review of the application and evidence
received, the Otsego Planning Commission closed the public hearing and
recommended by a 6-0 vote that the City Council approve the request, and,
WHEREAS, the drainage and utility easements described by Exhibit A serve no
useful public purpose; and,
WHEREAS, the City Council having considered all information received related
to the proposed vacation and easement dedication finds that vacating a portion of the
existing drainage and utility easement as described by Exhibit A would be in the public
interest; and,
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego
that Otsego hereby orders:
That the drainage and utility easement located in the City of Otsego, Wright
County, State of Minnesota described by Exhibit A is hereby vacated.
2. The City Council hereby determines that the vacation of said drainage and utility
easement shall cause no damage to any abutting or nearby property owners and
therefore no damages are awarded to any such property owners.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 25th day of
September, 2017.
CITY OF OTSEGO
BY:
Jessica L. Stockamp, Mayor
ATTEST:
Tami Loff, City Clerk