SUBJECT:
Title
Request Approval of Waiver from Land Development Code Section 6.8.6.K(3) Related to Buffer for U&B Property Mgmt. - Waiver to Minor Site Plan 000619 in Review, Waiver PIR-000898-2026, Abshier Engineering, Parcel 9007-0100-20
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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 Land Development Code (LDC) Section 6.8.6.K(3), which states, “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.”
A C-type buffer is required along the southwest boundary of the subject property (Parcel 9007-0100-20) because it abuts a county-owned drainage retention area (DRA) with a powerline easement and is adjacent to SE Maricamp Road. The applicant proposes a commercial office and warehouse building for a plumbing-related business. The applicant has stated that there will not be outside storage of materials or equipment.
The applicant requests to waive the buffer requirements because the rear of the building is approximately 225 feet from the southwest property line and the existing trees in the rear of the future building location will provide partial screening of the commercial uses. While the lot backs up to a county-owned DRA, the property is approximately 290 feet from Maricamp Road with a direct line of sight from the road to the proposed building.
More recent commercial sites along Maricamp have been providing their C-type buffers along the interior side of the powerline easement rather than along the roadway, achieving the intent of the LDC to screen the commercial activities. If the rear area is not proposed to be used/occupied for any purpose and instead is being proposed to be maintained as an “expanded buffer space” in lieu of planting the C-type buffer plantings, then this is acceptable to staff provided the existing trees noted in that area on the site plan are preserved and maintained. If there is any use of the area beside and behind the building (e.g., parking vehicles, etc.), then that will be a violation of the LDC (site plan and/or use) and the site plan will have to be revised and the buffer provided per LDC.
Staff recommends conditional approval subject to providing a widened buffer area extending northward from the southwest boundary shared with the DRA to the rear of the proposed building along with maintaining the existing tree cluster in that area as shown on the site plan. (Note that this includes providing proper barricade protection for the trees during construction as noted on the plan.) The DRC voted to deny the waiver request during their June 22, 2026 meeting, noting support for the Board’s consideration of the modified buffer.
BUDGET/IMPACT:
None
RECOMMENDED ACTION:
Recommended action
Motion to deny the waiver request and uphold the Land Development Code.
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