HomeMy WebLinkAboutResolution - 96-219 - Bearpath 7th Addition - Findings, Conclusions, & Decision - 12/17/1996 BEARPATH 7TH ADDITION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 96- 219
FINDINGS, CONCLUSIONS, AND DECISION
RE: PUD REVIEW AND REZONING; COMPREHENSIVE GUIDE
PLAN CHANGE AND PRELIMINARY PLAT
The Council of the City of Eden Prairie makes the following findings, conclusions and
reasons in support of its decisions in the above-referenced matter:
BACKGROUND
Bearpath Limited Partnership ('Bearpath") is the owner of property located at Bearpath
Trail and Dell Road, Eden Prairie, Minnesota, and legally described as follows:
That part of the West Half of the Southwest Quarter of Section 18,
Township 116, Range 22 lying South of a line drawn from a point
on West line of said Section distant 412.5 feet South of the
Northwest corner of said Southwest Quarter to a point on the East
line of said West Half of the Southwest Quarter distant 775.5 feet
South of the Northeast corner thereof.
And
That part of the North Half of the Northwest Quarter of Section 19,
Township 116, Range 22 lying Northerly of the Northerly line of
the plat of Bearpath Addition.
And
That part of Outlot B,BEARPATH THIRD ADDITION,Hennepin
County, Minnesota, lying north of a line drawn 755.00 feet
northerly of and parallel with the most southerly line of said Outlot
B.
hereinafter referred to as the "land".
The land consists of 69.7 acres. Bearpath applied to the City for a change in the City's
Comprehensive Guide Plan on 69.7 acres of the land from Public Open Space to Low-Density
Residential; Planned Unit Development Amendment on 489.7 acres; and zoning district change
from Rural to R 1-13.5, and Preliminary Plat entitled "Bearpath 7th Addition," of 69.7 acres into
38 lots and one (1) outlot. The Preliminary Plat was later revised to request 39 lots and one (1)
outlot ("Proposed Development and PUD Amendment").
As of July 20, 1993, Bearpath and City entered into a Developer's Agreement for the
development of 419.2 acres in connection with a Comprehensive Guide Plan change, relocation
of planned roads, PUD concept and development approval, rezoning and subdivision approval
("Original Bearpath PUD and Developer's Agreement").
FINDINGS AND CONCLUSIONS
Bearpath PUD and Developer's Agreement
1. The proposed Development and PUD Amendment, if consummated, would result
in a tree loss of 33 percent.
2. The Original Bearpath PUD and Developer's Agreement provides for a tree loss
of 31 percent.
3. Bearpath PUD and Developer's Agreement does not provide for, and trails have
not been constructed within a wetland and flood plain area.
4. The Original Bearpath PUD and Developer's Agreement provides for a
Conservation Easement over lands abutting and within fifty feet (50') of Riley
Creek. The easement prohibits destruction of vegetation and grading within the
easement area.
5. The proposed Development and PUD Amendment provides for access to Lot 6,
Block 3, by a driveway which would cross a potential conservation easement,
which would prohibit the grading or construction within the conservation easement
area.
6. The wooded physical characteristics of a portion of the site are such that it is not
suitable for the development, alterations, and use contemplated.
7. The wooded portion of the site is not suitable for the proposed density of
development.
8. The proposed development is likely to cause substantial environmental damage by
undue destruction of the woods existing in a portion of the development.
9. The proposed construction of the structure for the trail lies within a wetland and
flood plain of Rice Marsh Lake and Riley Creek.
10. The land alterations proposed pursuant to the development would cause undue
destruction of vegetation, substantial environmental damage and would be
detrimental to the general welfare of the public.
11. The wetland and flood plain are not suitable for the uses contemplated.
12. Bearpath is not entitled to a land alteration permit pursuant to City Code Chapter
11.55, Subd. S.C.
13. A portion of the site, particularly with respect to its vegetation, is such that it is
not suitable for the type of development or use contemplated; it is not suitable for
the proposed density of development; the design of the subdivision and proposed
improvements are likely to cause substantial environmental damage, and the
design of the subdivision or type of improvements will be detrimental to the
health, safety or general welfare of the public as specified in City Code Section
12.04, Subd. S.C.
14. The proposed subdivision is in conflict with zoning regulations including,but not
limited to, those relating to tree loss, construction of structures in flood plain, and
those relating to the prevention of environmental harm.
15. The Eden Prairie Shoreland Ordinance, City Code Section 11.15,provides setback
protection of one hundred fifty feet (150') (shoreland protection zone) from the
ordinary high water mark by prohibiting all structures. The first seventy-five feet
(75') of the shoreland protection zone is a shore impact zone. The remaining
seventy-five feet (75') of the shoreland protection zone is a "no build" zone.
16. The City has experienced some difficulty with the enforcement of the Shoreland
Ordinance and Conservation Easements.
17. Requiring placement of the first seventy-five feet (75') from the ordinary high
water mark as a conservation easement to be placed in an outlot retained by
Bearpath will enhance accountability with respect to enforcement.
18. The trail proposed by the applicant is expensive because of the proposal by the
applicant for its location.
19. Trails are considered as transportation requirements of a subdivision (sidewalks)
much as streets and, as such, would not be credited against a cash park fee.
20. The formula to determine the amount of cash park fee does not take into
consideration the development of the trail system.
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21. The trail system connects the trail already serving the Bearpath community and
provides pedestrian and bicycle access for its residents to the community parks
and neighborhood parks serving that part of the community.
CONCLUSIONS
A. In order to alleviate environmental harm, the property should be modified as follows:
1. Bearpath should provide a Conservation/Scenic Easement over that part of the
land abutting and within one hundred fifty feet (150') of the shoreline of Rice
Marsh Lake with the first seventy-five (75')being placed in an outlot and subject
to the Shoreland Ordinance and the next seventy-five feet (75') being subject, in
addition to the provisions of the Shoreland Ordinance, a prohibition against the
removal of any significant trees as defined in the City Code.
2. The layout of the lots in the proposed Development and PUD Amendment should
be reconfigured to reduce tree loss to 31 percent or lower level consistent with the
tree loss of the Original Bearpath PUD and Developer's Agreement.
3. The proposed Lot 6,Block 3 of the proposed Development and PUD Amendment
should be eliminated as a developable lot in order to preserve the integrity of the
Conservation/Scenic Easement along Rile Creek but may be retained as an outlot.
4. The trail along Rice Marsh Lake may be designed as proposed by the applicant.
B. Based upon the foregoing findings, the following approvals have been given:
1. The resolution for Comprehensive Guide Plan change from Open Space to Low-
Density Residential on that part of the land not within the wetland or flood plain;
2. First reading of ordinance for PUD District review and rezoning from Rural to R
1-13.5 and Amendment of Bearpath Developer's Agreement relating to 28.75
acres;
3. The preliminary plat has been approved, subject to the following conditions and
modifications:
(i) Lot 6, Block 3 is eliminated from the Proposed Plat as a developable lot
but may be retained as an outlot;
(ii) The Proposed Plat shall be modified to reduce tree loss to 31 percent or
less;
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(iii) The trail along Rice Marsh Lake shall be constructed as proposed by the
applicant;
(iv) A Conservation/Scenic Easement shall be placed upon that part of the land
abutting and within one hundred fifty feet (150') of Rice Marsh Lake as
set forth in the Findings described above.
ADOPTED by the City Council on the 11 day of 1996.
Jean W Harris, Mayor
(Seal)
ATTEST:
01 D. Fr e, Clerk
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