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 03/17/20132 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 STATUTESBASED ON THE 2010 ADA STANDARDS FOR ACCESSIBLE DESIGN

May not be consistent with OC comprehensive policy planMay not meet standards of the district

Findings provided to Orange County

• 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 2013Sec 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 # Date Sender Excerpt

• EMAIL # 1 Date: Tue, May 28, 2013 at 4:33 PM From: Randolph Pinna <randolph@ourvizcaya.com> "Thank you for your time today on the phone"

• EMAIL # 2 Date: Wed, May 29, 2013 at 1:32 PM From: Daniele Veloso <D.VELOSO@venterprisesrealty.com> "My husband is asking for detailed information"

• EMAIL # 3 Date: Wed, May 29, 2013 at 4:00 PM From: Randolph Pinna <randolph@ourvizcaya.com> "Please see attached. Please let me know if you wish to discuss this further"

• EMAIL # 4 Date: Wed, May 29, 2013 at 7:18 PM From: Daniele Veloso <D.VELOSO@venterprisesrealty.com> "Do you have other rendering, pictures, infos? Also how big is it?"

• EMAIL # 5 Date: Wed, May 29, 2013 at 7:43 PM From: Randolph Pinna <randolph@ourvizcaya.com> "That is a view from the top. It is within the same space

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

• 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 23http://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