PUBLIC HEARING: Adopt Resolution #19-164 for Variance Request to Buffer Yard Requirements for Delta ModTech (Project #19-108); Case of Delta ModTech

Letters were sent via Standard US Mail to all Property Owners within 700 feet of the Property. The Property Owner List was generated by the Anoka County Tax Database. The Public Hearing Notice was also published in the Anoka County Union Herald.

The Applicant is currently showing an access drive that infringes upon the 60 foot buffer yard area. A setback of 40 feet from the property line to the proposed access drive is currently shown with the remaining 20 feet of buffer yard area utilized by an access drive. The bufferyard requirement for E-3 adjacent to R-3 is 60 feet with a 30% increase in plantings within the bufferyard. The proposed building is setback approximately 190 feet from the shared property line.

The Bufferyard plantings are required to be based on the required landscaping for the site (163 trees x 30% and 545 shrubs x 30%), which would mean an additional forty-nine (49) trees and 163 shrubs.Staff does acknowledge that due to the size of the Subject Property compared to the relatively short distance of the common boundary with residential land where the buffer yard is required, it is unrealistic to add that many plantings in the affected area. The Applicant is currently showing 13 trees (6 of which are evergreens) within the bufferyard and 0 shrubs.

There is room for additional plantings within the bufferyard area, which will aid in better screening and buffering the proposed facility from the existing residential property. The common property boundary between the subject property and the adjacent residential property is a total of 370 feet long which amounts to 10.5% of the perimeter. The Applicant has proposed to plant an equal ratio of additional plantings to percentage of lot perimeter. 10.5% of the required 49 trees would result in 5 additional trees, and 10.5% of the 163 shrubs would result in 17 additional shrubs.

This proposal would result in a total of 18 trees and 17 shrubs being planted within the buffer yard.  Staff is recommending that any additional trees be evergreeen trees to aid in year round screening and has outlined two options for the Planning Commission to consider in achieving the added plantings.

Finally, it should be noted that ultimately, the residential parcel in question is like to be subject to a Zoning Amendment to the E-3 Employment District, negating the need for this buffer.

Alternatives

Alternative 1: Adopt Resolution #19-164 approving a variance to the bufferyard distance for Delta ModTech and require the instillation of a double row of staggered evergreen trees within the forty (40) foot bufferyard area. This is Staffs preferred recommendation and as such Staff supports this alternative.

Alternative 2: Adopt Resolution #19-164 approving a variance to the bufferyard distance for Delta ModTech and require the instillation of an additional five (5) evergreen trees, and seventeen (17) evergreen shrubs which reach a minimum maturity height of six (6) feet in height within the forty (40) foot bufferyard area. Staff is not opposed to this alternative.

Alternative 3: Do not adopt Resolution #19-164 approving a variance to the bufferyard distance.  Staff believes a reasonable accommodation can be made with respect to evergreen plantings to provide for the necessary buffering between the residential and industrial use. Staff does not support this alternative.

All costs associated with processing the Variance Application are the responsibility of the Applicant/Developer.  

Staff recommends approval of Resolution #19-164 granting a variance to buffer yard requirements for Delta ModTech.

Motion to adopt Resolution #19-164 granting a variance to buffer yard requirements for Delta ModTech permitting an industrial bufferyard distance of 40 feet from a property line shared with a residential property.