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File #: 2025-21744   
Type: Waiver Request Status: Failed
File created: 1/5/2026 Meeting Body Board of County Commissioners
On agenda: 2/17/2026 Final action: 2/17/2026
Title: Request for Waiver from Land Development Code Section 6.8.6 - Buffers for Major Site Plan 162-2025 Commercial Retail Store, Parcel 3758-030-001, Application Number Waiver STA-000004-2025 (Budget Impact - None)
Attachments: 1. Waiver Application, 2. Waiver Status Letter, 3. Landscape Plan, 4. Site Plan, 5. Location Map

 

SUBJECT:

Title

Request for Waiver from Land Development Code Section 6.8.6 - Buffers for Major Site Plan 162-2025 Commercial Retail Store, Parcel 3758-030-001, Application Number Waiver STA-000004-2025 (Budget Impact - None)

Body

 

INITIATOR:

DEPARTMENT:

Ken McCann, Fire Marshal

Development Review Committee

 

DESCRIPTION/BACKGROUND:

The Applicant, Lindsey Klein with Twin Rivers Capitol, proposes a 9,100 square foot retail store on a 2.22-acre property in the southeastern part of the County. The applicant requests a waiver from the Land Development Code (LDC) 6.8.6 buffer code requirements. Pursuant to LDC Section 6.8.6, the eastern boundary abuts agriculturally zoned property and thus requires a D-type buffer, and the southern boundary abuts residentially zoned property and thus requires a B-type buffer. Both buffer types include a 6-foot buffer wall requirement.

 

The LDC Section 6.8.6.K(4) states that a D-type buffer shall consist of a 15-foot wide landscape strip with a buffer wall. The buffer shall contain at least two shade trees and three accent/ornamental trees for every 100 lineal feet or fractional part thereof. Shrubs and groundcovers, excluding turfgrass, shall comprise at least 25 percent of the required buffer.

 

The LDC Section 6.8.6.K(2) states that a B-type buffer shall consist of a 20-foot-wide landscape strip with a buffer wall. The buffer shall contain at least two shade trees and three 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. 

 

In lieu of the 6-foot concrete masonry wall prescribed by code, the applicant requests a waiver to provide an enhanced landscape buffer designed to meet and exceed the intent of these requirements.

 

On January 5, 2026, the Development Review Committee (DRC) denied the waiver request. The applicant is appealing the DRC’s denial to the Board of County Commissioners.

 

BUDGET/IMPACT:

None

 

RECOMMENDED ACTION:

Recommended action

Motion to uphold DRC’s action of denial for the requested waiver.

end