SUBJECT:
Title
Request Approval of Waiver from Land Development Code (LDC) Section 6.8.6 Related to the Buffer Requirements for Southern Oaks RV Resort, LLC, STA-000969-2026, Davis Dinkins Engineering, Parcel 46060-000-00
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INITIATOR: |
DEPARTMENT: |
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Ken McCann, Fire Marshal |
Development Review Committee |
DESCRIPTION/BACKGROUND:
The applicant requests a waiver from LDC Section 6.8.6.(A, B, D, and G) Buffers, which states “It is the intent of this section to eliminate or reduce the negative impacts of the adjacent uses upon each other such that the long-term continuance of either use is not threatened by such impacts and the uses may be considered compatible. Buffers shall provide a year-round screen and provide an aesthetic quality, […] Buffers may consist of landscaping, buffer walls, fencing, berms, or combinations thereof which work cohesively to achieve the intent of buffering. […] No buildings, structures (other than buffer walls or buffer fences), storage of materials, or parking shall be permitted within the buffer area.”
The Southern Oaks RV Park is an existing RV park approved and permitted in 2003. The then approved buffer was to be 25 feet wide and include a 6-feet high wood privacy fence within 1 foot of the property line. Since then, a number of items have encroached into the 25 feet wide buffer, some of which were permitted by the County. At the July 21, 2025 BCC meeting regarding a land use amendment and rezoning for a neighboring property, the neighbor to the west appeared and brought this buffer issue to the Board’s attention. Discussions addressed alternative buffer options given the existing buffer’s current conditions. The neighbor supported an 8-feet high opaque privacy fence to discourage people from interacting (e.g., feeding) with the livestock and to provide a visual screening of the adjacent property.
The applicant requests a modification of the buffer width that was shown on the approved site plan along the western boundary of Southern Oaks RV Park (permitted in 2003), to allow for a 5-feet wide buffer with a 6-feet high opaque privacy fence.
The original discussion before the Board with the neighbor included an 8-feet high opaque privacy fence. The Development Review Committee (DRC) supported the neighbor’s suggested modified buffer proposal, which could be achieved via an opaque privacy fence or a berm-fence combination to achieve the 8 feet in height (2-feet high berm with a 6-feet high opaque privacy fence).
The waiver request was heard by the DRC on August 24, 2026. The DRC voted to deny the request with support of a modified buffer to the Board of County Commissioners. If the waiver is approved, staff requests the applicant be required to obtain any required building permit for the fence within 60 days; and if in the future the opaque fence is damaged or discolored, the applicant needs to complete any necessary repairs within 30 days.
BUDGET/IMPACT:
None
RECOMMENDED ACTION:
Recommended action
Motion to uphold the DRC’s denial of the original waiver request and approve the modified buffer proposal supported by the DRC which is the 5-feet wide buffer with a 6-feet high opaque privacy fence on top of a 2-feet high berm or a 8-feet high opaque privacy fence.
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