Public Hearing Vizcaya Master Homeowners Association_Public

Report
Vizcaya Community
Playground
Orange County
Board of County Commissioners
BCC Public Hearing
12/03/2013
Application to BZA
• Applicant is seeking to replace the existing playground with a new
playground (per application)
• “The enclosed application seeks a special exception to replace the
existing playground with an new playground, as is depicted in the
enclosed site plan”
• “Playground to replace existing playground on park/open space
designated tract”
• Playground is already built, site plan does not match built structure.
Previous Community Playground
Playground Demolished 02/2013 – Hard to see in Aerial Picture, Existing structure covers nearly all the area
within sidewalk – Children without a safe playground for over 7 months
Previous Playground (Demolished Feb. 2013)
Existing Elevated Structure / Playground /
Deck
Stairs about 6 Feet Height Next to Concrete
Sidewalk
A child can fall / be pushed by another, trip, on stairs with no handrail and fall onto concrete sidewalk, may be
severely injured / killed
Pending Code Violations
• 12. Did a Code Enforcement Officer contact you regarding this matter?
applicant indicated NO
• Orange County Division of Building Safety issued violation notices dated
03/19/2013 and 07/25/2013 as the structure was built illegally without
building permit in violation of Florida Building Code FBC 105.1
• Staff will advise the BZA the case has pending code violations. Feel free to
inform the BZA of any further issues concerning this request. Email from
Zoning 08/28/2013
Violation 03/19/13
Child playing
• Playground was opened
• OC issued closure
on 03/19/2013
• 8 Feet of Height Opening 8’x2’
Children Playing 03/17/2013
Children, Parents, Dog in Playground 03/17/2013
2 Days Latter Orange County Building Safety Issued Violation
Zoning To Review
• Zoning To Review: Setback Requirements
• Sec. 38-79(114)d
• d. A detached accessory building shall be neither closer than five (5)
feet to a lot line, nor closer than ten (10) feet to any other detached
structure on the same lot.
• As shown per pictures and verifiable by inspection
6 Inches from Fence (near/on boundary line)
Elevated Deck / Playground under construction, property not closed, accessible to
children
Zoning To Review
• Zoning To Review: Height Requirements
• Sec. 38-79(114)h
• h. A detached accessory building shall be limited to one (1) story with a
maximum overall height of fifteen (15) feet above grade. However, an
accessory building with a roof slope greater than 2:12 shall not exceed
twenty (20) feet of overall height.
• As shown per previous pictures and verifiable by inspection.
• “Note, staff will advertise this as a 2-story structure.” Email from Zoning
08/28/2013
2 story structure under construction
2 Story Structure – Children to Play Under
Possible Deficiencies
• MAJOR Safety Hazards, that may cause children injury/death
• Report of a child already injured in elevated structure/playground
• Gash on forehead after hitting sharp edge on structure (BZA Objections received)
• Proximity to Main Road In community
• What is the code requirement – distance for structure from road?
• Applicant did not indicate proposed number of children
• Number of children very important, high capacity can cause
overcrowding/problems/further safety concern.
Americans with Disability Act
• May Not Be ADA Compliant
• 2012 FLORIDA ACCESSIBILITY CODE FOR BUILDING CONSTRUCTION
• ADOPTED PURSUANT TO SECTION 553.503, FLORIDA STATUTES
BASED ON THE 2010 ADA STANDARDS FOR ACCESSIBLE DESIGN
May not be consistent with OC comprehensive policy plan
May not meet standards of the district
Findings provided to Orange County
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•
•
•
Did not have the required signatures of all abutting neighbors per Sec78.79
Objection to the playground
Not Applicable letter of no objection – property not abutting applicant
Fraudulent Allegations for OC to review in building permit documents
• House bank owned
• House empty with combination lock
• Wrong value of structure in building permit application
• 20,000 declared / $30,250 contract value
• Orange County Adjusted the value and issued corrected fees/ Building Violation Fees
• Applicant has an unpaid balance with OC for $668.00 since August 2013
Sec 38-79 Conditions for permitted uses and special exceptions.
(132) Parks and recreation areas owned and operated by nonprofit organizations, may be permitted only by special exception, except for parks and recreation areas (i)
approved in conjunction with a preliminary subdivision plan (Chapter 34, Orange County Code), or (ii) located inside a platted residential subdivision
and notarized letters of no objection are submitted by the President of the Homeowner's Association (if applicable) and all abutting property owners.
OC Legal Department to Investigate:
• Florida Statues 837.06 Making a false statement in writing with intent to mislead a public
servant in the performance of his or her official duty
• Contractor Statement: “The two properties in question are vacant. One is bank owned,
the second is for sale and has no one living in it. Despite repeated attempts to find
someone at either property able to sign the letters over the course of two weeks, no
one was ever located” Robin Lopez Email to Zoning 07/01/2013
• However applicant had previously contacted homeowner multiple times:
•
Email #
•
EMAIL # 1 Date: Tue, May 28, 2013 at 4:33 PM From: Randolph Pinna <[email protected]>
•
EMAIL # 2 Date: Wed, May 29, 2013 at 1:32 PM From: Daniele Veloso <[email protected]>
•
EMAIL # 3 Date: Wed, May 29, 2013 at 4:00 PM From: Randolph Pinna <[email protected]>
wish to discuss this further"
•
EMAIL # 4 Date: Wed, May 29, 2013 at 7:18 PM From: Daniele Veloso <[email protected]>
how big is it?"
•
EMAIL # 5 Date: Wed, May 29, 2013 at 7:43 PM From: Randolph Pinna <[email protected]>
space
Date
Sender
Excerpt
"Thank you for your time today on the phone"
"My husband is asking for detailed information"
"Please see attached. Please let me know if you
"Do you have other rendering, pictures, infos? Also
"That is a view from the top. It is within the same
Properties Abutting Playground Parcel
Is it a detrimental intrusion into a surrounding
area
• BCC To determine
• Is 2 story elevated structure / playground / deck an intrusion into a
surround area?
• Abutting neighbor objects claiming it takes the privacy away of his
house.
Safety Hazards
• Serious Safety Concerns
• Height of the Structure, platform up to 8 feet in height, children can fall
and be severely injured/permanent disability/death
• Sidewalk adjacent to playground structure
• Stair with no handles is a few inches from concrete sidewalk
• Climbing ramp a few inches from concrete sidewalk
• Head entrapment
• Sharp Edges
• Inadequate safety zone: recommended 6 feet
• May NOT be built to standard of care for playgrounds
Safety Concerns
• Playground was opened for children to play
• Playground was never locked/secure during construction
• Orange County Issued violation notices, and indicated to close access to
unfinished areas
•
•
•
•
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Height of Structure
Proximity to fence 6 Inches (on/near boundary line)
Next to Concrete Sidewalk
Children climb 3 foot fence into playground
Climbing ramp may be head entrapment for children – need to be
measured
CPSC Safety Alert
Playground Industry Standards of Care
• ADA Guidelines – Requirements U.S. Department of Justice
• US CPSC Recommendations
• ASTM Standards for Playground Equipment
Orange County Family Services Department
Head Start Division
• playground yard with adequate surface materials, play equipment (age-appropriate), walkways for
wheelchair accessibility for children on the playground, fence with gates and locks
• Performance Standards 1304.53(a)(1)
• Playground area must meet the licensing requirement for the Department of Children and Families (DCF)
and the American Society for Testing Material (ASTM) Standards for the Safety Performance Specification for
Playground Equipment.
• 2.
When necessary the outdoor play area must be fenced (4 ft Minimum) in accordance with accepted
safety practices and local ordinances to prevent access by children to all water hazards, within or adjacent to
outdoor play areas, such as pools, ditches retention, or fish ponds. The location of playground equipment
does not expose children to vehicular traffic without supervision.1304.53(a) (5)
• 4.
Age appropriate playground equipment is selected and playground area designed to support the
developmental progress of all children.
• 5.
Installation of playground equipment are done by certified playground installers or inspected by a
National Certified Playground Inspector prior to it being used injury to children and is inspected on a daily
basis. 1304.53(0)(10) (x)
Playground Safety Proposal
• Orange County Playground Code
• Proposal for Zoning to Review Bill Title “An Act Relating to Playground Safety
Compliance”
• Law in California
• Orange County is a world class destination, let’s protect our children
• Presented to BZA Board of Zoning Adjustments on 10/03/2013
• Create Orange County Playground Best Practice Management
• Similar to Bedmister Township, Philadelphia. Playground Permit Application /
Ordinance # 143 in Building/Zoning Department
http://www.bedminsterpa.com/bz.html
Recommendations
• BCC to Carefully Review Application
• The lives of children is at risk with existing structure
• Does the playground comply to Ordinance?
• Recommendation
• ACTION REQUESTED: Approval: Approve the request with conditions consistent with recommendations of the Board of Zoning
Adjustment, and the additional condition given by BCC to another development two years ago:
"The applicant shall replace the existing wooden playground equipment with a new commercial grade tot-lot and picnic area, not
to exceed $25,000. Prior to platting documentation shall be provided demonstrating that this Land Use Plan condition has been
satisfied.“
source: BCC Minutes 04/26/2011 Page 23
http://apps.ocfl.net/eAgenda/archive/Agenda_04-26-11/Agenda_04-26-11.PDF Page 23
Options 2
• Denial – causing elevated structure / play area / deck to be removed
Previous Playground (Demolished Feb. 2013)
Existing Elevated Structure / Playground /
Deck
Lets Protect Our Children
A child can fall / be pushed by another, trip, on stairs with no handrail at 6 feet of height and fall onto concrete
sidewalk, may result in severe injury or death

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