SUBJECT:
Title
Request for Waiver from Land Development Code Section 6.8.6.K(5) - Buffers for Tillman & Associates Engineering LLC, Parcel Number 35730-000-00, Application Number 32857 Freedom Commons Phase 5 (Budget Impact - None)
Body
INITIATOR: DEPARTMENT:
Michael L. Savage, Sr., Building Safety Director Development Review Committee
DESCRIPTION/BACKGROUND:
The Applicant, Tillman Engineering and Associates LLC, requested a waiver to Land Development Code (LDC) Section 6.8.6.K.(25), which states, “E-Type buffer shall consist of a five-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.”
The Applicant requests a waiver for Freedom Commons Phase 5 pursuant to the development conditions (210805Z approved 8/17/2021) and the approved master plan (application request 27553 approved 12/19/22). A type ‘E’ buffer is required along the west boundary (along neighboring subdivision Ocala Crossings). The applicant suggests that due to the comparable lots at Ocala Crossings (40’ wide lots) and Freedom Commons Phase 5 (50’ wide lots), the west buffer per the LDC should not be required. Additionally, Ocala Crossings (neighboring development) has installed a privacy fence along the existing lots between the two developments.
The Freedom Commons PUD was approved referencing the applicant’s provided conceptual plan and General Note 2 on the conceptual plan states that buffers are to be consistent with the LDC unless depicted on the submitted documents. The submitted conceptual plan showed a type ‘E’ buffer where the proposed waiver is being requested.
When the original PUD was approved the LDC did not require a buffer between two single-family developments. However, in December of 2024, the Board of County Commissioners approved amendments to the buffer table within the LDC that now requires a type ‘E’ buffer that is 5 feet wide with at least 4 shade trees for every 100 lineal feet and a double-stagger row of shrubs or a 5 feet wide strip with a 6 feet tall opaque fence in lieu of vegetation between two single-family developments. The requested waiver was submitted on May 15, 2025.
By the LDC today, if these two subdivisions were to be developed, each would be required to install a type ‘E’ buffer that is 5 feet wide with the 4 shade trees and shrubs or a 6 feet opaque fence in the 5 feet wide strip. Which would create a 10 feet separation between the two developments.
The subject property is located in the southwest portion of the County on approximately 64.00 acres.
This waiver request was denied by the Development Review Committee (DRC) on June 2, 2025.
BUDGET/IMPACT:
None
RECOMMENDED ACTION:
Recommended action
Motion to uphold DRC’s action for the waiver request.
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