Z O N I TEM # 10

Transcription

1 Staff Report to the Municipal Planning Board November 17, 2015 Z O N I TEM # 10 BARBER PARK Location Map Subject Site S U M M A RY Owner/Applicant Laurie Botts City of Orlando Project Planner TeNeika Neasman 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. Public Comment Courtesy notices were mailed to property owners within 300 ft. of the subject property on November 6, As of the published date of this report, staff has not received any comments from the public concerning this request. Staff s Recommendation: Approval of the request, subject to the conditions in this report. Updated: November 9, 2015

2 Page 2 Z O N ING MAP F U TURE LAND USE MAP

3 Page 3 ZO N B a r b er P a r k R e z o n e

4 Page 4 P R O JECT ANALYSIS 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 approximately 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 #GMP and ANX ) 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 zoning R-1A to the south and west. The subject site has Residential Medium Intensity future land use designation. There are no subarea policies which impact this site. North East South Table 1 Project Context Future Land Use Zoning Surrounding Use CONSERV (Conservation) RES-LOW (Residential, Low Intensity) RES-MED (Residential, Medium Intensity) RES-LOW (Residential, Low Intensity) C/AN (Conservation/ Aircraft Noise Overlay) R-3A/AN (Low Intensity Development/Aircraft Noise Overlay) R-3B/AN (Medium Intensity Development/ Aircraft Noise Overlay) Unincorporated Orange County West Unincorporated Orange County Unincorporated Orange County Lake George Residential Structures Residential Structures Condominiums Commercial Lake George Elementary Barber Park Conformance with the LDC The subject property currently has a zoning classification of No City Zoning/AN. The property owner (City of Orlando) is requesting an initial zoning to P/AN, which is consistent with the proposed RES-LOW future land use designation. Section 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 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 ) 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.

5 Page 5 Aircraft Noise Overlay District Section 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 , 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 of the LDC, provides 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 ZON subject to the conditions in this report. R E V I E W/AP P R O VA L PROCESS NEXT STEPS 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

6 Page 6 A E R IAL PHOTO C O N TACT INFORMAT ION Land Development For questions regarding Land Development plan review, please contact TeNeika Neasman at (407) or teneika.neasman@cityoforlando.net. Growth Management For questions regarding Growth Management plan review, please contact Mary-Stewart Droege at (407) or Mary- Stewart.Droege@cityoforlando.net Transportation Planning For questions regarding Transportation Planning plan review, please contact John Rhoades at or john.rhoades@cityoforlando.net Police For questions regarding the Orlando Police Department plan review, please contact Audra Nordaby at or Audra.Nordaby@cityoforlando.net. Building Plans For questions regarding Building Plan Review issues contact Don Fields at (407) or don.fields@cityoforlando.net.

7 Page 7 C O N D ITIONS OF A PPROVAL 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. I N F O R M AT I O N A L COMMENTS 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 development: 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; pedestrianfriendly 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, especially 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 community 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 nighttime 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

8 Page 8 I N F O R M AT I O N A L COMMENTS 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 offenders, 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 wayfinding, 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 potential offenders. Signs should clearly indicate - using words, international symbols, and maps - the location of emergency telephones, 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 frequency 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 community. CPTED style fencing made of commercial grade steel is a good option to consider. These fences may contain pedestrian 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 discussed with OPD's Crime Prevention Unit Officer Edgar Malave, 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-

9 Page 9 I N F O R M AT I O N A L COMMENTS 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 inattentive, 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 boundaries 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 community. 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 trimming 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 pavement 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 prevention/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 developer 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 output 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 vehicle access; post in a clear area, an emergency contact person and phones numbers for after hours, in case of an emergency; or A uniformed security guard should be hired to continually patrol the construction site during the hours when construction 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,