SUBJECT:
Title
Midway Oaks (fka Midway Terrace) Major Site Plan 32788 - Waiver Request to Major Site Plan in Review
Parcel #: 9007-0101-32 #WaiverPIR-001059-2026
Mastroserio Engineering, Inc.
This item was tabled for one week at the 7/20/26 DRC Meeting. A motion to un-table will be needed.
LDC 6.8.6.J Buffers (Including Table 6.8-2)
CODE states Required buffer types between land uses. (1) Specialized Commerce Districts include a mix of both commercial and industrial land uses, therefore, buffer requirements shall apply only to lots on the perimeter of the district. (2) Buffer installation and maintenance shall be provided concurrently with the development of the more intense land use, with the following deviations: (a) When a new but less intense land use is developed adjoining a pre-existing developed site with a higher intensity use, the new use is subject to providing the required land use buffer. (b) When a new but less intense land use is responsible for providing the required land use buffer, the developer may reduce the required buffer by one buffer type with acknowledgement of the buffer reduction clearly noted on the development plan. (c) The development of an individual single family residence or duplex is exempt from providing the required buffer (3) In interpreting and applying the provisions of buffers, development is classified into categories shown in Table 6.8-1. (4) Table 6.8-2 provides the type of buffer required between a proposed use and an existing use, or in the absence of an existing use.
APPLICANT - A waiver is requested to provide and maintain a minimum 6-foot-high solid opaque privacy fence in lieu of providing and maintaining a Type “D” Buffer (minimum 15 feet wide with a buffer wall, two shade trees and three accent/ornamental trees with shrubs/groundcover a minimum of 25%) along the new DRA’s east, west, and northwest boundaries (MF to SFR) and maintaining a Type “C” Buffer along the new DRA’s Hemlock Way right-of-way frontage (MF to ROW). (No buffer is required along the DRA’s south boundary that adjoins the overall development site’s remaining development area to the southwest, or the vacant Multiple-Family Dwelling (R-3) zoned property to the southeast.) Applicant justification: The new proposed DRA will use a single-family residential lot as part of its multiple-family development, however, only the DRA will be located on the lot. The proposed minimum 6-foot-high solid opaque privacy will serve to screen the property with fencing that is similarly permitted for the surrounding residential lots, while leaving more of the lot area for the DRA use that would be encroached into by the ordinary buffer and wall, limiting the function of the DRA.
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