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HomeMy WebLinkAboutResolution - 82-257 - Findings of Fact Relative to the Burger King Rezoning Request - 11/02/1982 RESOLUTION NO. 82-257 WHEREAS , A. The owners of that part of Lot 1 , Block 1 , Eden Glen , Hennepin County , Minnesota, lying south of a line drawn per- pendicular to the West line of said Lot 1 from a point of said West line distant. 152 . 0 feet North along said West line from the Southwest corner of said Lot I (the " land" ) have applied for rezoning of the land by removing it from the Rural District and placing it in the Commercial. Regional Service District ("C-Reg-Ser_ " ) 1.)y adoption of Ordinance No . 6- 82 amending the legal description of land in each District referred to in the Citv Code Section 11 . 03 , Subdivision 1 , Subparagraph B ; B. The a-plication for rezoning was considered by the Planning Commission of the City at a meeting on September 13 , 1982 ; C. Notice of a public hearing on the application before the Council of the City of Eden Prairie was duly given and a hearing thereon was held on October 5 , 1982 ; BE IT RESOLVED, that the application for rezoning of the land from the Rural District to the C-Reg-Ser District be and in all things is denied, and proposed Ordinance No. 6-82 shall not be and is not adopted on the basis of the following findings and for the following reasons : 1.. The land is proposed to be improved for construction thereon and use as a Burger King fast food. restaurant , in accordance with a Development Proposal. prepared by Howard Dahlg.ren Associates , Inc. , dated August 12 , 1982 . 2 . The land is bordered by Glen Lane to -the East , Single- tree Lane to the South and Eden Road to the West. 3 . The land , together with other lands, consisting in the aggregate of approximately 15 . 2 acres is a part of the Eden. Glen Planned Unit Development No. 80-41 ("Eden Glen PUD" ) concept approval of which was given by the Council of the City of Eden Prairie on February 17 , 1931 . 4 . The Eden Glen PUD is located West of the Eden Prairie Center and is bordered on the East by !Minnesota Trunk High- way 169/212 , on the South by Singletr_ee Lane and on the North and West by Eden Road. 5 . Eden Glen PUD as approved provides for a mix of uses consisting of two fast food restaurants , one Class 1 restaurant, one retail and three office sites. Use of the land in accordance with the Eden Glen PUD is for an office site. 6 . The owner of the lands encompassed in Eden Glen PUD, including the land , entered into a Developer ' s Agreement with the City as of June 9 , 1981 , whereby the owner covenanted to plat and develop the lands for the uses described in 5 above (including use of the land for an office site) as set forth in Exhibit B to the Developer' s Agreement , a copy of which is attached hereto as Exhibit A, and further, to not develop, construct upon or maintain the lands in any other respect or. manner. By its terms , the Developer ' s Agreement is binding upon and enforceable against the owner, its successors and assigns of the lands within the Eden Glen PUD. 7 . A fast food restaurant has been constructed and operating for in excess of one year on one of the fast food sites (Lot 1 , Exhibit A) pursuant to approved .rezoning by the City , and rezoning and use of the other fast food site (Lot 2 , Exhibit A) for a fast food restaurant within the Eden Glen PUD has been approved. 8 . One, site located in. the northwesterly corner of Eden Glen PUD designated for office use in the Eden Glen PUD , together with approximately one additional acre of land has been rezoned for construction thereon and use as a full- service hotel including 152 guest rooms as well as banquet , restaurant and meeting facilities . 9 . Uses or approved uses of property surrounding and in the vicinity of the land , in addition to the hotel and the fast food restaurants , include single family homes to the north and west of the Eden Glen PUD, a condominium office complex approved but not built to the north of the Eden Glen PUD , and an automobile service station and an office building bordering on and south of Singlet ree Lane and south of Eden Glen PUD. 10 . Eden Road bordering the westerly line of the land adjacent to which to n private residences are situated is an unimproved gravel road. 11 . Existing or approved uses of the lands within the Eden Glen PUD, together with the proposed use of the land as a fast food restaurant is estimated to generate 10 percent 1 more trips than those estimated with respect to the Eden Glen PUD as originally approved February 17 , 1981 . 12 . Peak traffic per hour is estinr,ated to be 150 vehicles for a fast food restaurant use of the land , compared to about 25 vehicles for office use. 1.3 . Park_inq congestion, including large trucks from Highways 169/212 , generated by the operations of the fast food restaurant located within the Eden Glen PUD is presently being experienced and is being reflected by parking of cars and large trucks along adjacent streets . 14 . Hours of operation of the proposed Burger King restaurant may range from an 11c00 p .m. to a 4 : 00 a. m. closing time. 15 . The Burger King parking lot , building and certain signs will be i11uminated. 16 . Late night traffic and operations and noise , vehicle lights and lighting on the premises as well as dust from Eden Road generated from a fast foot: restaurant would create a disturbance to occupants of residences immediately across Eden i Road from the land and in the vicinity and would adversely affect the use of such residences and the welfare of the occupants . 17 . Use of -the land for a fast food restaurant is contrary to the express provisions of the Eden Glen PUD as well as the written agreements and covenants of the owners with respect to the use of the land . 18 . Use of the land for a fast food restaurant may have an ad- verse impact upon the values of other lands in the Eden Glen PUD because of the generation of increased traffic and parking and the concentration of fast food restaurant use of the lands within the Eden Glen PUD. 19. Traffic dur. inu peak hours and at other times will be increased excessively as a result of use of the land for a fast food restaurant resulting in less safe traffic movement and conditions . 2.0 . Use of the land for a fast food restaurant will aggravate existing parking congestion including the parking of large trucks on adjacent public streets resulting in less safe traffic movement and conditions . 21 . Maximum (peak) traffic movements generated by fast food restaurants occur during times of day different from maximum traffic movements generated by office and retail uses . A mix of uses within the Eden Glen PUD will reduce or limit maximum traffic movements at any one time compared to the maximum traffic movements which would occur were all uses to be similar_ . 22 . Increasing the number of fast food restaurant uses within the Eden Glen PUD will increase the total maximum (peak) traffic movements on streets within and surrounding the Eden Glen PUD resulting in greater congestion of traffic , blocking of streets and intersections , increased pa.rkinq congestion and less safe traffic movements and conditions . 23 . Increased traffic and automobile and truck parking congestion will. create potential traffic and safety hazards impairing the ability of the City ' s public safety, fire and other emergency services to operate within the area. 24 . The maximum number of square feet of signs authorized by the City Code in a C-Reg-Ser District for the proposed use of the land is significantly greater than the number of square feet of signs which could be displayed for an office f building use of the land authorized by the City Code in an 1 Office District , thus resulting in an excessive proliferation of signs within Eden Glen PUD and would be aesthetically undesireable . 25 . Use of the land for a fast food restaurant would result :in three fast food restaurants in the Eden Glen PUD and would be contrary to the objectives of the Eden Glen PUD to obtain mixed integrated uses of the lands encompassed within the Eden Glen PUD complementing and supporting each other and the surrounding land uses . ADOPTED BY the Eden Prairie City Council on this 2nd day of November, 1982. �61fgar)q H41 Penzel , Mayor ATTEST: i S — J— D. Frate, City Clerk i SEAL