Staff Report to the ZON2015-00035 Municipal Planning Board ......Courtesy notices were mailed to...
Transcript of Staff Report to the ZON2015-00035 Municipal Planning Board ......Courtesy notices were mailed to...
Property Location: The subject property is
located at 4490 Dixie Belle Drive (±36.34 acres,
District 1).
Applicant’s Request:
Rezoning from No City Zoning/AN to P/AN for
the expansion of Barber Park.
Staff’s Recommendation:
Approval of the request, subject to the condi-
tions in this report.
S U M M A RY
Location Map
Owner/Applicant
Laurie Botts
City of Orlando
Project Planner
TeNeika Neasman
Staff Report to the
Municipal Planning Board
November 17 , 2015
Subject Site
Z O N 2 0 1 5 - 0 0 0 3 5
I T E M # 10
Public Comment Courtesy notices were mailed to property owners
within 300 ft. of the subject property on Novem-
ber 6, 2015. As of the published date of this re-
port, staff has not received any comments from
the public concerning this request.
Updated: November 9, 2015
BARBER PARK
ZON2015-00035 Barber Park Rezone Page 2
ZO N IN G MA P
FU TU RE LAN D US E MA P
ZON2015-00035 Barber Park Rezone Page 3
ZON2015-00035 Barber Park Rezone Page 4
PR O JE CT AN A LYS IS Project Description The subject property is located at the south of Lake Margaret Dr., north of Gatlin Ave., and west of Dixie Belle Dr.; and is approxi-
mately 36.34 acres in size. The subject property is currently vacant. The site is currently designated Residential, Low Intensity in
the Resource Protection overlay district. The applicant is requesting a rezoning from No City Zoning/AN (No City Zoning in the
Aircraft Noise Overlay District) to P/AN (Public Use in the Aircraft Noise Overlay District). The proposed zoning designation will
correspond with the adopted future land use designation. No subarea policies affect the subject property.
Previous Cases:
October 2001—The Municipal Planning Board approved an Annexation and GMP amendment that changed the future land use
designation to Residential, Low Intensity (RES-LOW). (Case #GMP2001-00041 and ANX2001-00017)
Project Context and Land Use Compatibility Surrounding uses include vacant land and Lake George to the north, Orange County Recreational Facilities to the south and east, and
Barber Park area to the west. The vacant site will be developed for additional parking and recreation areas. The surrounding areas
have City Residential Low Intensity future land use designation to the north, City Residential Medium Intensity designation to the
east, Orange County Institutional future land use to the south, and Residential Low Density future land use to the west. Associated
zoning districts include. There is no City zoning to the north, R-3B with the Aircraft Noise overlay to the east, Orange County zon-
ing R-1A to the south and west. The subject site has Residential Medium Intensity future land use designation. There are no su-
barea policies which impact this site.
Conformance with the LDC
The subject property currently has a zoning classification of No City Zoning/AN. The property owner (City of Orlando) is request-
ing an initial zoning to P/AN, which is consistent with the proposed RES-LOW future land use designation. Section 65.366 of the
LDC requires that all rezonings and/or initial zonings be in conformance with any applicable substantive requirements for Chapters
58 through 66 of the LDC. No residential units are proposed and the improvements are all outdoor recreation uses and parking,
which have no FAR.
Public Use Districts
Section 58.271 of the LDC identifies the purpose of the P zoning district as follows: “The –P– district is intended to provide for the
use of lands owned by any public body for Public Benefit uses, and to eliminate confusion on the Official Zoning Map as to the use
and status of these lands… (Section 58.322) Because the use of land in the –P– district is limited entirely to Public Benefit uses, the
district shall be applied only to properties owned by public bodies. Rezoning to the –P– district shall only take place by initiation of
the Municipal Planning Board or City Council.”
Table 1—Project Context
Future Land Use Zoning Surrounding Use
North CONSERV (Conservation)
RES-LOW (Residential, Low Intensity)
C/AN (Conservation/
Aircraft Noise Overlay)
R-3A/AN (Low Intensity
Development/Aircraft
Noise Overlay)
Lake George
Residential Structures
East RES-MED
(Residential, Medium Intensity)
R-3B/AN
(Medium Intensity Devel-
opment/ Aircraft Noise
Overlay)
Residential Structures
Condominiums
Commercial
South RES-LOW
(Residential, Low Intensity)
Unincorporated Orange
County
Lake George Elementary
West Unincorporated Orange County Unincorporated Orange
County
Barber Park
Page 5 ZON2015-00035 Barber Park Rezone
Aircraft Noise Overlay District
Section 58.371 of the LDC identifies the purpose of the Aircraft Noise overlay district as follows:
“The purpose of the Aircraft Noise Overlay District is to protect the health, safety, and welfare of persons and property in
the vicinity of the OIA and OEA. Aircraft noise may be considered annoying, objectionable, or unhealthy to residents in the
community surrounding the airports. The AN Overlay district is intended to reduce noise and safety hazards associated
with aircraft operations, to preserve the operational stability of the airports, and assist in the implementation of policies
and recommendations found in the City's Growth Management Plan and in appropriate FAA sponsored Part 150 Studies.”
The subject property is located in Aircraft Noise Control Zone C. Regulations for controls are not required for office, industrial and
commercial uses, but shall apply for hospital, clinics, nursing homes, childcare and school uses. According to Section 58.381, if
residential uses are proposed, there are required controls for Zone C. Zone C would require an avigation easement, waiver of claim,
notification and Sound Level Reduction (SLR) of 30db and 35db.
Conditional Use Permit
The proposed zoning will be Public Use (P) in the Aircraft Noise (/AN) overlay district. The applicant will be required to process a
conditional use permit to allow the development of the site, access, and siting of the proposed recreation uses. A Conditional Use
Permit process shall be granted prior to building permits. The Conditional Use Permit requirement, Section 65.280 of the LDC, pro-
vides standards and procedures for the granting of Conditional Use Permits where expressly authorized by the provisions of this
Chapter, through a legislative review by the Municipal Planning Board and City Council where they find that certain conditions have
been met.
Findings
Subject to the conditions contained herein, the proposal is consistent with the requirements for approval of P-Public Use applications
contained in Chapter 65 of the Land Development Code (LDC):
1. The proposal is consistent with the City’s Growth Management Plan.
2. The proposal is consistent with the purpose and intent of the P zoning district and all other requirements of the LDC.
3. The proposal is compatible with surrounding land uses and the general character of the area.
4. The necessary public facilities will be adequate to serve the proposed use, or will be provided by the applicant as a condition of
this approval.
Staff recommends approval of ZON2015-00035 subject to the conditions in this report.
RE V I E W /AP P R O VA L PRO C ESS—NE X T ST E P S
1. City Council approves the MPB minutes.
2. Staff forwards the rezoning ordinance request to City Attorney’s Office.
3. First reading of the Ordinance.
4. Second reading of the Ordinance.
5. The ordinance becomes effective.
6. A Conditional Use Permit shall be granted prior to building permits
7. The property shall be platted
Page 6 ZON2015-00035 Barber Park Rezone
AE R IA L PHO TO
CO N TAC T IN F ORM AT IO N Land Development
For questions regarding Land Development plan review, please contact TeNeika Neasman at (407) 246-4257 or
Growth Management
For questions regarding Growth Management plan review, please contact Mary-Stewart Droege at (407) 246-3276 or Mary-
Transportation Planning
For questions regarding Transportation Planning plan review, please contact John Rhoades at 407.246.2293 or
Police
For questions regarding the Orlando Police Department plan review, please contact Audra Nordaby at 407.246.2454 or
Building Plans
For questions regarding Building Plan Review issues contact Don Fields at (407) 246-2654 or [email protected].
Page 7 ZON2015-00035 Barber Park Rezone
CO N D IT IO NS OF APP RO VAL Land Development 1. General Code Compliance. The proposed project shall be developed consistent with the conditions in this report, the attached
development plan, and all codes and ordinances of the City of Orlando, the State of Florida, and all other applicable regulatory
agencies.
2. Conditional Use Permit Requirement. The applicant shall obtain approval for a Conditional Use Permit for the Public Use,
prior to permitting.
Permitting
1. Sewer. Project site lies outside of City sewer and reclaimed water service areas. However, the survey depicts a sewer stub out
from the City sewer main in Dixie Belle Dr into the subject property. If wastewater discharges into the City sewer system are
proposed, then an amendment to the inter-local sewer service area agreement may be required in order to enable connection to
the City sewer system from this site.
IN F O R M AT I O N A L CO M M E N T S Orlando Police Department
The Orlando Police Department has reviewed the plans for Barber Park expansion located at 4490 Dixie Belle Dr., utilizing CPTED
(Crime Prevention Through Environmental Design) principles. CPTED emphasizes the proper design and effective use of the built
environment to reduce crime and enhance the quality of life. There are four overlapping strategies in CPTED that apply to any devel-
opment: Natural Surveillance, Natural Access Control, Territorial Reinforcement and Target Hardening.
1. Natural Surveillance. Design the site to keep intruders easily observable. This is promoted by features that maximize visibility
of people, parking areas and building entrances; doors and windows that look out onto streets and parking areas; pedestrian-
friendly sidewalks and street; porches or patios and adequate nighttime lighting.
" A photometric plan was not available at the time of this review. Lighting plays a very important role in CPTED. It is crucial
that lighting sends the right messages to the public about the safe and appropriate use of space at different times of the day and
night.
All lighting for this project shall meet or exceed the guidelines in Orlando City Code, Title II, Chapter 63, Part 2M.
In order to create a sense of safety, pedestrian-scale lighting should be used in all high-pedestrian traffic areas to
include building and parking entrances and walkways.
Appropriate lighting should be included in all areas anticipated to be used after dark.
Lighting should not be screened out by landscaping (especially pedestrian scale lighting) or building structures
such as overhangs or awnings.
Uniformity of light is crucial to avoid 'dark' spots.
Any illumination shall not cause a glare or excessive brightness that adversely affects the vision of pedestrians or
motor vehicle operators on public or private property.
Pedestrian walkways, common areas and open green spaces should be lit so that a person with normal vision is
able to identify a face from a distance of 30 feet during nighttime hours.
The use of full cut-off or shielded light fixtures can direct light where it is intended while reducing light trespass,
glare, and waste.
"Landscaping is another crucial aspect of CPTED. Trees branches should be kept trimmed to no lower than 6 feet from the
ground and shrubs should be kept trimmed to no higher than 30 inches. Avoid conflicts between landscaping and lighting, espe-
cially lighting adjacent to canopy trees. Landscaping should not create blind spots or hiding places and should not block/cover
windows. Open green spaces should be observable from nearby structures.
"Benches (or outdoor furniture) placed in common areas are a good way to increase surveillance and encourage positive commu-
nity interaction. Consider furniture designs that encourage stopping and resting but reduce opportunities for potential offenders
(i.e. a ribbed design rather than solid and center rails or arm rests to discourage sleeping).
"Bicycle parking (if installed) should be observable from entrances, securely fastened and not hidden behind landscaping or
shear walls.
"Ensure that any canopies or awnings do not interfere with pedestrian scale lighting, especially in locations used during night-
time hours.
"Entry doors should contain 180° viewers/peep holes.
"Any interior 90° corners in hallways and common areas should utilize mirrors or reflective material to facilitate surveillance
around corners.
"Public restrooms should be clearly visible from open spaces and high traffic areas.
"Trash receptacles should be heavy duty, recessed or see-through and fire resistant and located in areas of high usage and good
Page 8 ZON2015-00035 Barber Park Rezone
IN F O R M AT I O N A L CO M M E N T S
visibility.
"Locate programmed activities near the park perimeter, beside an entrance or along a main pedestrian path.
2. Natural Access Control. Design the site to decrease crime opportunity by denying access to crime targets and creating in of-
fenders, a perception of risk. This can be accomplished by designing street, walkway, building and parking lot entrances to
clearly indicate public routes and discourage access to private areas with structural and landscape elements.
" Public entrances should be clearly defined by walkways, signs, and landscaping. Landscaping should create clear way-
finding, be well lit and not block entrances or create ambush points.
" There should be no easy access to the roof of any buildings on property.
" Way-finding located throughout the property should provide clear guidance for legitimate users while discouraging poten-
tial offenders. Signs should clearly indicate - using words, international symbols, and maps - the location of emergency tele-
phones, toilets, isolated trails, heavily used routes, and park activities.
" Signage with hours of operation should be clearly visible at any public entrance.
" Traffic calming techniques as well as surface and gateway treatments can promote safe vehicle speeds, reduce collision fre-
quency and increase the safety and the perception of safety for non-motorized users.
" Walkways should be a minimum 6' in width to enhance pedestrian flow. Multi-use paths (if installed) should be a minimum
10' in width to accommodate multiple modes of travel simultaneously.
3. Territorial Reinforcement. Design can create or extend a sphere of influence, where users develop a sense of territorial control,
while potential offenders are discouraged. This is promoted by incorporating features that define property lines and distinguish
private spaces from public spaces such as; landscape plantings, pavement designs, gateway treatments and CPTED open design
(see-through) fences.
The property should be designed to encourage interaction between users.
If different buildings or facilities on the property will have separate addresses, they should be clearly visible from the street and
parking areas with numbers a minimum of five-inches high made of non-reflective material.
Fences can add security, delineate property lines, allow transparency for surveillance, be unobtrusive, and create a sense of com-
munity. CPTED style fencing made of commercial grade steel is a good option to consider. These fences may contain pedes-
trian access points that utilize mechanical access control for the property. Another option is landscape buffers, which include
hostile vegetation, to delineate public from private spaces. The fencing and landscape buffer may be used together to further
define and control spaces.
Maintenance is an important aspect of territorial reinforcement. A well-maintained area sends the message that people notice
and care about what happens in an area. This in turn discourages vandalism and other crimes.
Bollards are a good option to consider in key locations to protect pedestrians, life-safety elements, critical utilities and control or
direct traffic.
4. Target Hardening. This can be accomplished by features that prohibit entry or access such as window locks, dead bolts for
doors and interior door hinges.
Air conditioner units should be caged and the cages should be securely locked.
An access control system should be considered to secure private or restricted areas.
If an alarm or security system is installed, it should be regularly tested and maintained. During working hours, commercial alarm
systems (to include any common or amenities areas) should be programmed so that a short beep is sounded if an exterior door opens.
A security camera system capable of recording and retrieving an image to assist in offender identification and apprehension is a
good option to consider: especially areas with limited or no natural surveillance. Security cameras should be mounted at an optimal
height to capture offender identification. "Aiming" down from steep angles often presents challenges to identification such as images
of an offender's hat but not a clear image of the face.
Back or side doors (non-public) should be kept locked from the outside at all times. Internal business policy should prohibit the
"propping open" of exterior doors.
Large glass doors and windows should be made of impact resistant glass or a security film (such as Lexan™). If security film is
utilized, ensure that the light transmittance of the security film is greater than or equal to the light transmittance of the window's
glass.
If concession space is installed, it should contain a drop safe or cash management device.
Additional precautions, such as silent alarms, hold-up alarms and retail training (what to do during a robbery), should be dis-
cussed with OPD's Crime Prevention Unit Officer Edgar Malave, 407.246.2513.
5. Maintenance and Management. Proper maintenance of landscaping, lighting and other features is necessary to ensure that
CPTED elements serve their intended purpose. Failure to maintain the property and manage to stop harmful use of property by its
legal occupants can rapidly undermine the impact of the best CPTED design elements. While CPTED principles supplement effec-
Page 9 ZON2015-00035 Barber Park Rezone
IN F O R M AT I O N A L CO M M E N T S
tive maintenance and management practices, they cannot make up for the negative impacts of ineffective management. Damaged
fencing, unkempt landscaping, graffiti left to weather and age, litter and debris, broken windows, as well as such factors as inatten-
tive, lax, or overly-permissive management practices can advertise an environment of permissiveness to potential offenders and,
equally, undermine the desire of responsible users to remain in an area. In effect, this is the direct application of what has come to be
known as the Broken Window Theory - ensuring that indicators of disorder are corrected promptly in order to prevent the greater
disorder they may attract.
People naturally protect a territory that they feel is their own, and have a certain respect for the territory of others. Clear bounda-
ries between public and private areas achieved by using physical elements such as fences, pavement treatment, art, signs, good
maintenance and landscaping are ways to express ownership. Identifying intruders is much easier in well-defined spaces.
This is related to the neighborhood's sense of 'pride of place' and territorial reinforcement. The more dilapidated an area, the
more likely it is to attract unwanted activities. The maintenance and the 'image' of an area can have a major impact on whether it
will become targeted.
Social cohesion and a general sense of security can be reinforced through the development of the identity and image of a com-
munity. This approach can improve not only the image of the population has of itself, and its domain, but also the projection of
that image to others.
Offensive graffiti should be promptly removed. Response to litter pickup and repairs should be prompt. A well maintained space
gives an impression of 'ownership' and 'care'.
Any signs used in the community should be maintained on a regular basis to ensure that they are visible. This may involve trim-
ming any landscaping growth or cleaning the signs. Things to consider with signs and information include:
Are signs visible and legible?
Are signs conveying messages clearly?
Is information adequate?
Are signs strategically located to allow for maximum visibility?
Are signs well maintained?
Are signs displaying hours of operation (where appropriate)?
Walkways should be cleared of undesirable litter, grass and weeds should be trimmed back from walkways, and walkway pave-
ment should be promptly repaired or maintained.
Inappropriate outdoor storage should be discouraged.
Activity generators can produce both positive and negative results. The selection of what activities a site supports will reflect the
use of space and define the user's perception. Considerations should be made for seating, shade, vendors, or other amenities that
might encourage the positive public activity that discourages crime and disruption.
6. Construction Site Crime Prevention: Due to the continued trend of theft of building materials and equipment from construction
sites, Orlando Police Department's Crime Prevention Unit strongly recommends that the developer institute the following crime pre-
vention/security measures at this project site:
Post signs at the site that theft from the site or trespassing on a construction site is a felony under Florida Law and that the devel-
oper will prosecute.
To improve visibility of potential offenders by OPD patrol officers, perimeter lighting should be installed at a minimum of 150
foot intervals and at a height not less than fifteen (15') from the ground. The light source used should have a minimum light out-
put of 2,000 lumens, shall be protected by a vandal resistant cover, and shall be lighted during the hours of darkness.
In addition to lighting, one of the following physical security measures should be installed:
Fencing, not less than six (6') feet in height, which is designed to preclude human intrusion, should be installed along
the perimeter boundaries of the site and should be secured with chain and fire department padlocks for emergency vehi-
cle access; post in a clear area, an emergency contact person and phones numbers for after hours, in case of an emer-
gency; or
A uniformed security guard should be hired to continually patrol the construction site during the hours when construc-
tion work has ceased.
Valuable construction materials and tools should be protected in a secondary fenced, locked cage.
Post in a clean, open area, the name and numbers of an emergency contact person for OPD in case of a night-time emergency.
If you have any questions, please call the Crime Prevention Unit Officer Edgar Malave, 407.246.2513.