SUBJECT:
Title
441 Modular Home Dealership - Major Site Plan - 000672 - Waiver Request to Major Site Plan in Review
Parcel #: 36943-000-00 # WaiverPIR-001045-2026
Tillman & Associates Engineering, LLC
LDC 6.11.5. - Driveway access
CODE states (1) The minimum allowed distance between a commercial driveway and the nearest intersecting driveway shall be 660 feet for a roadway speed limit over 45 mph based on Table 6.11-2.
APPLICANT The driveway does not meet spacing requirements. Applicant has documentation from FDOT noting they are willing to issue a permit for the driveway in the location as proposed and requests a waiver to this section of code for driveway spacing.
LDC 6.12.12.A, D - Sidewalks
CODE states A. Sidewalks shall be provided in the Urban Area, Rural Activity Centers, and Specialized Commerce Districts along arterial, collector, and major local streets where these streets adjoin the project...
D. ...the developer may pay a sidewalk fee to the County in an amount necessary to complete construction. This amount shall be determined by the project engineer and approved by the County with payment required prior to final plan approval.
APPLICANT FDOT has written that they have no future plans for further development on the eastern side of the highway. A shared-use path (Project number 439238-2) is in the plans on the western side of the highway and construction funding is proposed for 2027. Applicant understood that the DOT Shared Use Path project covers the intent of County long range planning; therefore, a waiver is requested to any requirement of a sidewalk or payment of a fee in-lieu of sidewalk construction.
LDC 6.12.12.D - Sidewalks
CODE states ...the developer may pay a sidewalk fee to the County in an amount necessary to complete construction. This amount shall be determined by the project engineer and approved by the County with payment required prior to final plan approval.
APPLICANT Contingent Waiver: FDOT has written that they have a shared-use path (Project number 439238-2) in the plans on the western side of the highway and construction funding is proposed for 2027. Applicant understood the DOT Shared Use Path project covers the intent of County long range planning; therefore, a waiver is requested to construct a sidewalk with this project and pay a fee in-lieu of sidewalk construction. Project Engineer and County to coordinate after waiver approval on required fee.
LDC 2.18.4.C Construction, completion, and closeout
CODE states All subdivision improvements shall be constructed in accordance with approved plans and shall conform to regulations and specifications in effect on the date of approval of the improvement plans.
APPLICANT requests to commence construction prior to plan approval and approve early site work permit at the Developer's risk including removal of trees as presented to County Landscape Department and maintaining no less than 100-inch per acre of existing viable trees 10-inch+ DBH.
LDC 6.8.6.K.(3) - C-Type Buffer
CODE states K. (3) C-Type buffer shall consist of a 15-foot wide landscape strip without 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 and form a layered landscape screen with a minimum height of three feet achieved within one year.
LDC 6.8.3.D. Trees shall not be located in areas that will cause conflict with overhead or underground utilities. Large trees shall not be located within 30 feet of power lines. Alternative design strategies may be approved by the County's Landscape Architect when conflicts with existing utilities cannot be avoided.
APPLICANT requests to replace the overhead utility impacted Type C Buffer shade tree requirement with accent trees along Hwy 441 ROW. (pertaining to West side)
LDC 6.8.6.K.(3) - Buffers
CODE states K. (3) C-Type buffer shall consist of a 15-foot wide landscape strip without 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 and form a layered landscape screen with a minimum height of three feet achieved within one year.
APPLICANT - North and East sides of subject parcel are against heavily wooded ROW (County ROW to North and Railroad to East). Requesting waiver to C-Type buffer requirement for shrubs and groundcovers at north and east buffers.
LDC 4.3.13. - Model home sales lot or model home complex
CODE states A. This commercial development shall provide a paved parking lot with five parking spaces per model home. One parking space for the handicapped per model home or complex is required. The unit(s) must be handicapped accessible, have all utilities including telephone installed and shall be fully functional as a commercial development. LDC6.11.8.E. All off-street parking areas shall be paved for all developments, except as listed below. The following uses may use grass parking except for employee and disabled permit parking spaces which must be paved. The perimeter of a grass parking lot shall be delineated with railroad ties, wheel stops, or other means as may be approved by the County Engineer or his designee. (6) Sales and leasing of new and used manufactured homes.
APPLICANT - does not believe Section 4.3.13 “Model home sales lot or model home complex” is applicable to this project and finds the code to conflict with section 6.11.8.E for parking if it were applicable. Further, comparable sites recognized as “mobile home sales” businesses in the County and around the nation do not require parking as much as 4.3.13.A suggests. Applicant has provided Staff supporting evidence of comparable sites parking counts for both paved and grass which demonstrate this project is well within appropriate parking needs. Waiver is requested to Code Sec. 4.3.13. for this project and to provide parking counts based on Sec. 6.11.8. - Parking requirements, Table 6.11-5 for office and storage areas.
LDC 6.11.4.B.(1) - Access management
CODE states B. Cross Access (Parallel Access). (1) Cross access is required to reduce the use of the public street system, provide for movement between adjacent and complementary land uses, limit access to Arterial and Collector roads, and minimize full median openings. Cross access shall be shown on the plans and shall be established through a public easement.
APPLICANT Due to the uncertainty surrounding the future development of the SE 92nd Place Road corridor and adjacent properties, the Applicant requests approval to satisfy the intent of the Code by recording a covenant running with the land. The covenant shall bind the subject property to grant and record cross-access and/or parallel access easements to adjacent properties when such easements become necessary within 180 days because of future development of complementary adjoining parcels, as determined during their applicable development review process. The Applicant further requests that, all costs associated with the design, surveying, engineering, permitting, construction, recording, and related improvements necessary to establish the easement shall be the responsibility of the developing adjacent parcel(s), unless a licensed traffic engineer and transportation planner determines that the proposed development generates complementary traffic patterns such that the subject property receives a proportional transportation benefit. In such case, costs may be allocated in a manner consistent with the proportional benefit received, as determined by the reviewing authority.
LDC. 6.11.4.B.(2) - Access management
CODE states B. Cross Access (Parallel Access). (2) Cross access shall be provided and constructed for all commercial, industrial, and multi-family residential development on arterial and collector roads unless it is determined by the County Engineer to not be practical or reasonable due to adjacent features, specific type of development, or the potential development of the adjacent property.
APPLICANT - Contingent Time-Deferral for Recording Easement Waiver Request:
Per signed covenant, the applicant requests approval to defer construction of the proposed cross-parallel access easement fronting U.S. Hwy 441 until such time as it is required in conjunction with future permitted development of adjacent parcels.
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