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File #: 7100   
Type: Consent Status: Adopted
File created: 8/19/2024 In control: Planning and Development
On agenda: 9/17/2024 Final action: 9/17/2024
Title: Waiver Request, Re: Waiver of Wall Requirement for Met-Con Site Plan (24SP00002 and 24WV00022) District 1
Attachments: 1. Application.pdf, 2. Waiver Request Site Plan.pdf, 3. Waiver Exhibit.pdf, 4. Location Map.pdf, 5. View from Brown Court 1.pdf, 6. View from Brown Court 2.pdf

Subject:

Title

Waiver Request, Re: Waiver of Wall Requirement for Met-Con Site Plan (24SP00002 and 24WV00022)                     District 1

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Fiscal Impact:

None

Dept/Office:

Planning and Development

Requested Action:

Recommendation

The applicant is requesting that the Board of County Commissioners grant a waiver of Section 62-3202(h)(10) which requires a 6-foot masonry or solid wall when commercial developments within a BU-1, BU-2, or Industrial are adjacent to residential zoning.

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Summary Explanation and Background:

Section 62-3202(h)(10) stipulates that site plans within BU-1, BU-2, or Industrial zoning classifications shall construct a minimum of a six-foot high masonry or solid wall, including, but not limited to, concrete block walls, pre-cast (solid) walls, or foam core/steel support with stucco finish, when the subject property abuts a residential zoning classification.

 

In this case, the subject property abuts a narrow 15-foot strip of residentially zoned properties to the west, and those properties are adjacent to the 25-foot county-maintained right-of-way for Brown Court. Residential properties abut the west side of Brown Court, with approximately 100’ between the closest residence to the west and the location of the required wall. The proposed building will be located 291 feet from the west property line. The applicant asserts that the property has existed as a developed industrial site since 1984, and that development of the vacant lots to the west is not anticipated.

 

The Brevard County Natural Resource Management Department is in support of the waiver, noting that the waiver will allow for greater tree preservation and limited disturbance to the wetlands onsite and adjacent to the property. Existing fencing and mature vegetation provide adequate buffering, and constructing a masonry wall will negatively affect the existing landscape screening along the western boundary of the subject property.

 

As this waiver involves a buffer with adjacent property, Staff has not granted approval of the waiver and defers to the Board of County Commissioners. Should the Board approve the waiver, the waiver shall be subject to the criteria depicted in site plan 24SP00002 and must maintain the existing fencing and vegetation along the western property line; any future development, redevelopment, or alteration of the subject property that modifies the site plan or reduces the vegetative buffer will void the wall waiver.

Clerk to the Board Instructions: