HomeMy WebLinkAboutCity Council Resolution 2014-319CITY OF PLYMOUTH
RESOLUTION 2014-319
DENYING A PLANNED UNIT DEVELOPMENT
AMENDMENT AND ADOPTING FINDINGS OF FACT
(2014068)
WHEREAS, Life Care Services has applied for a Planned Unit Development zoning amendment
that would allow two 2,000 KW generators and associated buildings and equipment for property legally
described as Lot 1, Block 1, Trillium Woods, Hennepin County, Minnesota ("Subject Property'); and
WHEREAS, the Planning Commission reviewed the application at a duly called public hearing.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA that it denies the application for a Planned Unit Development Amendment, based on the
following findings:
1. The Subject Property is guided LA -3 (Living Area 3) by the City's Comprehensive Plan.
2. The Subject Property was rezoned to Planned Unit Development ("PUD") in 2007, City
Code Section 21655.43.
3. The allowable uses within the PUD are:
[A]ny permitted or accessory uses allowed in the RMF -4 zoning district, plus skilled nursing
care center with assisted living and dementia care facilities. Additional accessory uses
may include private facilities and services directed toward the residents of Trillium Woods
necessary to support the residential units, including, but not limited to, private wellness or
fitness facilities, convenience food or retail sales, barber/hair salon, dining facilities,
auditoriums, administrative offices, etc. All of the uses listed above shall be considered
"permitted" uses in the PUD, provided they comply with all the development standards
and conditions approved by City Council Resolution 2007-441, on file in the Office of the
Zoning Administrator under File 2007066 and City Council Resolution 2008-331, on file in
the Office of the Zoning Administrator under File 2008085, City Code Section 21655.43.
4. Trillium Woods is a continuing care retirement community which will consist of 344
independent living apartments, 28 duplex garden homes, a 92 -bed skilled and memory
care health center and an associated commons dining, activity and administrative center.
5. The Subject Property is adjacent to the following:
6. The current zoning allows a 600 KW backup generator that would be turned on
automatically in times of power failure, City Code Section 21390.05, Subd. 2.
7. The proposed PUD amendment would replace the 600 KW accessory backup generator
with two 2,000 KW generators ("proposed generators"). The proposed generators and
two 2,000 gallon fuel tanks would be installed in two buildings that would be 15 feet wide
by 50 feet long and 15.5 feet tall. Each generator would have a 51 foot tall exhaust stack.
A third equipment building would also be constructed.
8. The proposed generators are not accessory backup generators. They would be owned by
Wright -Hennepin Cooperative Electric Association and leased to Life Care Services. The
proposed generators are not necessary for emergency power for critical and life safety
loads; the approved 600 KW generator would take care of that. The proposed generators
would be used to take Trillium Woods off the normal power grid during peak load times so
that Wright -Hennepin could use that electric load elsewhere, thereby reducing Wright-
Hennepin's costs. This is commonly referred to as "peak shaving" or "load sharing." The
proposed generators are a commercial, not residential, use.
9. The proposed peak shaving generators are not accessory to or needed for the allowed
uses of the Subject Property.
10. One of the proposed generators would be located within a Permanent Conservation
Easement dated September 20, 2013, recorded with the Hennepin County Recorder's
office on October 3, 2013 as Document No. A10013666. The Permanent Conservation
Easement prohibits, without the written consent of the Grantee, "[cjonstructing,
installing, storing or maintaining anything made by man, including but not limited to,
buildings, structures, fences, improved walkways, clothes line poles and playground
equipment[.]" The purpose of the easement was to preserve and protect the natural
character of the easement area. The City as Grantee of the easement does not consent to
placing the generator in the Permanent Conservation Easement. Placement of the
generator in the proposed location is therefore prohibited.
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Adjacent Land Use
Guiding
Zoning
North
Future two-family dwellings in the Trillium
LA -3
PUD
Woods Campus
South
Land for the Northwest Greenway trail
LA -3
P-1
corridor
East
Wetlands and park owned by the City of
PI
P-1
Plymouth
West
Single-family homes in the Willows and a
LA -R2
RSF-3, FRD
Vacant lot proposed for Juneau Ridge
Subdivision
Single-family homes on large rural lots
LA -RT
FRD
6. The current zoning allows a 600 KW backup generator that would be turned on
automatically in times of power failure, City Code Section 21390.05, Subd. 2.
7. The proposed PUD amendment would replace the 600 KW accessory backup generator
with two 2,000 KW generators ("proposed generators"). The proposed generators and
two 2,000 gallon fuel tanks would be installed in two buildings that would be 15 feet wide
by 50 feet long and 15.5 feet tall. Each generator would have a 51 foot tall exhaust stack.
A third equipment building would also be constructed.
8. The proposed generators are not accessory backup generators. They would be owned by
Wright -Hennepin Cooperative Electric Association and leased to Life Care Services. The
proposed generators are not necessary for emergency power for critical and life safety
loads; the approved 600 KW generator would take care of that. The proposed generators
would be used to take Trillium Woods off the normal power grid during peak load times so
that Wright -Hennepin could use that electric load elsewhere, thereby reducing Wright-
Hennepin's costs. This is commonly referred to as "peak shaving" or "load sharing." The
proposed generators are a commercial, not residential, use.
9. The proposed peak shaving generators are not accessory to or needed for the allowed
uses of the Subject Property.
10. One of the proposed generators would be located within a Permanent Conservation
Easement dated September 20, 2013, recorded with the Hennepin County Recorder's
office on October 3, 2013 as Document No. A10013666. The Permanent Conservation
Easement prohibits, without the written consent of the Grantee, "[cjonstructing,
installing, storing or maintaining anything made by man, including but not limited to,
buildings, structures, fences, improved walkways, clothes line poles and playground
equipment[.]" The purpose of the easement was to preserve and protect the natural
character of the easement area. The City as Grantee of the easement does not consent to
placing the generator in the Permanent Conservation Easement. Placement of the
generator in the proposed location is therefore prohibited.
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11. The proposed generators, if approved, would result in significant environmental damage.
Eleven (11) mature trees (152 caliper inches) would have to be cut down to install the
proposed generators.
12. The noise from the proposed generators could disturb the elderly residents of Trillium
Woods and the residents of the surrounding homes.
13. The proposed commercial generators are incompatible with the surrounding residential
neighborhoods.
14. The current PUD zoning provides a reasonable use of the property.
ADOPTED by the Plymouth City Council on this 14th day of October, 2014.
STATE OF MINNESOTA )
(ss.
COUNTY OF HENNEPIN )
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota,
certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on
October 14, 2014 with the original thereof on file in my office, and the same is a correct transcription
thereof.
WITNESS my hand officially as such City Clerk and the corporate seal of the City this day of
, 2014.
City Clerk
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