SUBJECT:
Title
Request Approval of Waiver from Land Development Code Section 6.8.6.K(2) Related to Buffer Requirements for EFP Commercial, Waiver PIR-000920-2026, Menadier Engineering, Parcel 29884-000-00,
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INITIATOR: |
DEPARTMENT: |
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Ken McCann, Fire Marshal |
Development Review Committee |
DESCRIPTION/BACKGROUND:
The applicant requested a waiver to Land Development Code (LDC) section 6.8.6.K(2) which states, “B-Type buffer shall consist of a 20-foot-wide landscape strip with 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.”
A B-type buffer is required along the north, south, and west property boundaries where they abut single family residential properties. The applicant requests that a 6-foot-tall white PVC privacy fence be permitted as a substitute for the required buffer wall, citing LDC section 6.8.6.L(1) which states, “Where buffer walls are required by this article, a combination of buffer walls and berms may be used to meet the intent of buffering. Buffer fences may be used as a substitute for buffer walls with approval of the DRC. The buffer walls, buffer fences, and berms shall: (a) Not be constructed or installed in a manner which creates a threat to public safety or interferes with vehicular circulation; (b) Be designed to be compatible with existing and proposed site architecture and the character of the surrounding and adjacent settings including the style and selection of materials; and (c) Be situated so that the wall or fence components are within the buffer limits and any required landscaping shall be installed on the public view side of the wall.”
The applicant notes that the proposed fence, together with the required landscape buffer, will provide screening and separation along the shared boundaries and will help mitigate potential impacts related to noise, light, views, and other nuisances in a manner comparable to a wall. The buffer will be designed to fully comply with the County’s landscape requirements for trees, shrubs, and buffer width. The only request being made is a deviation from the required wall to allow a privacy fence instead.
The waiver request was heard by the Development Review Committee (DRC) on June 22, 2026. The DRC voted to deny the request and does not support the request.
BUDGET/IMPACT:
None
RECOMMENDED ACTION:
Recommended action
Motion to uphold DRC’s action and deny the waiver request.
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