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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. 178391v1 2 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. 178391v1 2 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 178391v1 3