SUBJECT:
Title
Request Approval of Waiver from Land Development Code Section 6.8.6.K(1) & (5) Related to Buffer Requirements for Melody Preserve Waiver STA-000807-2026 Kimley-Horn and Associates, Parcels 35300-000-15 and 35474-000-00
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INITIATOR: |
DEPARTMENT: |
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Ken McCann, Fire Marshal |
Development Review Committee |
DESCRIPTION/BACKGROUND:
The applicant is requesting a waiver to allow for the E-Type buffer approved for the northern property boundary of parcel 35474-000-00 running along Liberty Village Phase 1 (condition 6a of their approved PUD) to utilize a 6-foot opaque vinyl fence in lieu of vegetation. The buffer will remain twenty (20) feet wide as approved by the Board. Additionally, the applicant requests the 6-foot opaque fence to continue (along the same northern property line) and be allowed within the A-type buffer that was approved for parcel 35300-000-15 that abuts the self-storage area (condition 6b of the approved PUD). The buffers for Melody Preserve were established by resolution 25-R-107 (attached). In discussions with Legal and the applicant this waiver allowable since the Land Development Code (LDC) under Table 6.8-2 allows for a 6-foot opaque fence to be used in lieu of a vegetative buffer for E-Type buffers that buffer single-family to single-family uses.
LDC 6.8.6.K(5) states that an E-Type buffer shall consist of a five (5) foot wide landscape strip without a buffer wall. The buffer shall contain at least four shade trees for every 100 lineal feet or fractional part thereof. Shrubs shall be planted in a double-staggered row and be capable of reaching a maintained height of six feet within three years. Groundcovers and/or turfgrass shall not be used in this buffer. NOTE that LDC Table 6.8-2 allows “a 6-foot opaque fence may be used in lieu of a vegetative buffer” for E-Type buffers between single-family and single-family uses.
LDC 6.8.6.K(1) states that an A-Type buffer shall consist of a 30-foot-wide landscape strip without a buffer wall. The buffer shall contain at least three shade trees and five accent/ornamental trees for every 100 lineal feet or fractional part thereof. Shrubs and groundcovers, excluding turfgrass, shall comprise at least 50 percent of the required buffer area and shall form a layered landscape screen with a minimum height of three feet achieved within one year of planting.
The applicant notes that the existing vegetation along the north property boundary within the adjacent Liberty Village residential subdivision is mature and will significantly hinder the buffer vegetation from growing as intended. Additionally, the applicant notes that adjacent self-storage facility utilizes a fence on their property boundary, implying that the vegetation will not benefit to that parcel.
This waiver request was heard by the Development Review Committee (DRC) on June 8, 2026. The DRC voted to deny the waiver request as it was shown in the buffer details included when the PUD was approved. DRC does support the change to the buffer, and should the Board approve the waiver, it be conditioned upon the applicant, or applicant’s heirs or assigns, maintaining the opaque vinyl fence and replacing/repairing any damaged or discolored sections within 60 days of notification.
BUDGET/IMPACT:
None
RECOMMENDED ACTION:
Recommended action
Board discussion and direction.
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