CC Staff Report 12-12-20110
CITY OF
CHANHASSEfl
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
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Web Site
www.ci.chanhassen.mn.us
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MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Kate Aanenson, AICP, Community Development Director
DATE: December 12, 2011 d
SUBJ: Walmart Findings of Fact and Decision
Planning Case 2011 -11
As directed by the City Council, Staff has prepared the attached Findings of Fact and
Decision for your review and approval.
g:\plan\2011 planning cases \1 1 -11 walmart store concept pud \cc staff report 12 -12 -1 l.doc
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
I► 111 M
Application of Walmart for Concept Plan Approval
to Rezone Property from Industrial Office Park (IOP)
to Planned Unit Development (PUD)
On November 28, 2011 and December 12, 2011, the Chanhassen City Council met at
regularly scheduled meetings to consider the above referenced application. On November 1,
2011, the Planning Commission conducted a public hearing on the application, preceded by
published and mailed notice, and has recommended denial of the application. The City Council
now makes the following:
FINDINGS OF FACT
1. The property is located at the southwest quadrant of the intersection of Trunk Highway 5
and Powers Boulevard and has a street address of 1000 Park Road, Chanhassen
Minnesota. The legal description of the property is Lot 1, Block 1, Park Two 2nd
Addition, Carver County, Minnesota.
2. The property is guided for both Office Industrial and Commercial in the City's
Comprehensive Plan.
3. The property is zoned Industrial Office Park (IOP).
4. Section 20 -501 of the City Code explains the purpose and intent of PUD zoning. In
return for greater flexibility than allowed in standard zoning, "the City has the expectation
that the development plan will result in a significantly higher quality and more sensitive
proposal than would have been the case with the use of other, more standard zoning
districts." The Applicant has the burden of proving that these expectations will be met as
evaluated against certain specified criteria. The criteria and our findings with respect to
them are:
Preservation of desirable site characteristics and open space and protection of sensitive
environmental features, including steep slopes, mature trees, creeks, wetlands, lakes and
scenic views.
This development plan has not been designed with greater preservation sensitivity
than is required by a standard zoning district. The proposal meets the minimum
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requirement for preservation required in all zoning districts. The development
plan includes extensive grading resulting in the elimination of the existing tree
canopy, except for the area within the protected wetland and undeveloped
preservation area The retaining wall on the west side of the site has the
minimum required setback and does not provide greater protection of the natural
resources expected for a PUD.
More efficient and effective use of land, open space and public facilities through mixing
of land uses and assembly and development of land in larger parcels.
There is no mix of land uses and there is no assembly of land into large parcels.
High quality of design and design compatible with surrounding land uses, including both
existing and planned development. Site planning, landscaping and building architecture
should reflect higher quality design than is found elsewhere in the community.
The development plan does not reflect higher quality design than is found
elsewhere in the community. The development plan and the design of the building
does not even meet the minimum standards of City Code Chapter 20, Article
XUR,, Division 7, Design Standards for Commercial, Industrial and Office
Development District. The development plan is deficient in the following ways:
The architecture does not meet the 50 percent facade transparency
requirement.
• The proposed development does not provide adequate distribution of green
space.
Sensitive development in transitional areas located between different land uses and along
significant corridors within the City.
The proposed development is located along Trunk Highway 5, which is a
significant City corridor. The proposal meets minimum requirements. The
development plan has not been designed with greater sensitivity than required for
a standard zoning district.
Development which is consistent with the comprehensive development plan.
The subject site is guided Office Industrial and Commercial. The Comprehensive
Development Plan states: "A new zoning district CC (Community Commercial)
will be created in the City Code to implement this land use. " The Community
Commercial zoning district has now been established to implement the
commercial guiding. The development plan does not meet the requirements for
the Community Commercial district because the footprint of the proposed
building exceeds 65, 000 square feet.
Parks and open space. The creation of public open space may be required by the City.
Such park and open space shall be consistent with the comprehensive park development
plan and overall trail development plan.
Not applicable.
Provision of housing affordable to all income groups if appropriate within the PUD.
Not applicable.
Energy conservation through the use of more efficient building designs and sightings and
the clustering of buildings and land uses.
This criterion is satisfied.
Use of traffic management and design techniques including the provision of transit and
pedestrian linkages to reduce the potential for traffic conflicts. Improvements to area
roads and intersections may be required as appropriate. Where appropriate, the use of
transportation demand management strategies may be required within a project.
The development plan would result in serious traffic conflicts, including:
• U- turns. Most of the traffic to the site will come from Powers Boulevard and
Highway 5. Many vehicles using the "right -out" at the eastern access of the
site will make a U -turn movement to return to Powers Boulevard and
Highway S. This will create traffic conflicts and the potential for serious
accidents.
• Weaving between vehicles making a right turn out of the east access and
vehicles making the right turn into the west access.
• The development plan has essentially 1 %2 access points because the east
access is only a right in/right out, which is minimal for the size of retail
facility being proposed. Truck delivery access is proposed to use the same
access points as the shoppers.
5. The proposed development does not meet the intent of PUD zoning. The development
would not result in a significantly higher quality and more sensitive land use than would
be the case with the use of a standard zoning district. PUD zoning is not meant to be
used as a mechanism to simply circumvent the restrictions in standard zoning districts.
6. Chapter 20, Article XXIV of the City Code provides minimum requirements for parking
and loading berths. The PUD development plan is not in compliance with the following
requirements:
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Off-street parking requirements - City Code, Sec. 20- 1124(2)(s)
The 528 parking spaces provided do not meet the City Code for ratio of 5 stalls per 1,000
square feet of building. Based on a 117,278 square -foot building, 586 stalls are required.
The Applicant has provided a parking study that it believes demonstrates that the
Applicant needs only 4.5 stalls per 1,000. However, the Applicant's recommended ratio
excludes the factor of snow storage and effective parking supply. The study defines
effective parking supply as the number of occupied spaces at optimum operating
efficiency. "Parking lots are typically perceived as full at less than the actual total
capacity." (Kimley -Horn Study dated March 32, 2011). The study also states that snow
storage may have a significant effect on usable parking supply for three to five months
out of the year. The parking ratio recommended in the study does not accommodate snow
storage or effective parking. The net effect of this proposed development plan, including
the use of compact stalls and using a reduced parking ratio, will have an effective parking
standard of 3.17 spaces per thousand. This is well below the requirements of the City
ordinance. The minimum parking requirements cannot be ignored because of anything
that may be unique to the Applicant because zoning runs with the land and the property
could be sold to another retailer.
The parking provided takes advantage of 19 percent compact parking stalls. The City
Code allows up to 25 percent compact parking; however, these compact stalls are not
permitted for high- turnover parking lots. Retail use is a high turnover parking operation.
In addition, compact stalls are partially located within the loading and maneuvering area
which is•prohibited by City Code.
Off - street loading facilities - City Code, Sec. 20 -1142 et seq.
The design of the loading berths does not comply with the City Code in the following
respects:
a. Location. All berths beyond one shall be separated from areas used for
off - street parking.
The berths are not separated from areas used for off - street parking.
b. Access. Each required off - street parking berth shall be so designed as to
avoid interference with other vehicular, pedestrian or rail access or use of
public street alleys, or other public transportation systems.
The loading berths interfere with vehicular access because truck
maneuvering encroaches into required parking drive aisles.
C. Design. All loading areas shall consist of a maneuvering area in addition
to the berth and shall not use any of that portion of the site containing
parking stalls. Maneuvering areas shall be of such size to permit the
backing of truck tractors and coupled trailers into a berth without blocking
the use of other berths, drives, maneuvering areas or public right -of -way.
Truck circulation encroaches and blocks required parking, drive aisles
and pedestrian access.
7. The current zoning of the site, IOP, is consistent with the City's Comprehensive Plan and
allows reasonable use of the property.
8. The Applicant has failed to document sufficient reasons to rezone the property to PUD.
DECISION
Concept Planned Unit Development approval is denied.
ADOPTED by the Chanhassen City Council the 12th day of December, 2011.
CITY OF CHANHASSEN
IM
Thomas A. Furlong, Mayor
ATTEST:
Todd Gerhardt, City Manager /Clerk
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