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DIAZ TIRADO PD AMENDMENT · 2018. 12. 12. · DIAZ-TIRADO PD AMENDMENT. ZON2018-10027. Item #12....

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Property Location 5705 Conway Rd. The subject property is located at the southeast corner of Conway Rd. (±1.07 acres, District 1). Applicant’s Request The applicant is requesting a PD amend- ment to the Diaz-Tirado PD to add a pet daycare as a permitted use with pet board- ing and eating and drinking as accessory uses. The site plan and building elevations will also be amended as part of this applica- tion. S UMMARY Location Map Subject Site Owner Medical Disposables Corp Applicant Cas Suvongse, SK Con- sortium, Inc. Project Planner Chris DeLoatche Staff Report to the Municipal Planning Board December 18, 2018 DIAZ-TIRADO PD AMENDMENT ZON2018-10027 Item # 12 Staff’s Recommendation Approval of the request, subject to the condi- tions in this report. Public Comment Courtesy notices were mailed to property owners within 300 ft. of the subject property during the week of December 11, 2018 As of the published date of this report, staff has received no comments for or against this re- quest. Updated: December 10, 2018 City of Belle Isle Unincorporated Orange County
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Page 1: DIAZ TIRADO PD AMENDMENT · 2018. 12. 12. · DIAZ-TIRADO PD AMENDMENT. ZON2018-10027. Item #12. Staff’s Recommendation. Approval of the request, subject to the condi-tions in this

Property Location 5705 Conway Rd. The subject property is located at the southeast corner of Conway Rd. (±1.07 acres, District 1). Applicant’s Request The applicant is requesting a PD amend-ment to the Diaz-Tirado PD to add a pet daycare as a permitted use with pet board-ing and eating and drinking as accessory uses. The site plan and building elevations will also be amended as part of this applica-tion.

S U M M A R Y

Location Map Subject Site

Owner

Medical Disposables Corp

Applicant

Cas Suvongse, SK Con-sortium, Inc.

Project Planner

Chris DeLoatche

Staf f Report to the Munic ipal P lanning Board December 18 , 2018

DIAZ -TIRADO PD AMENDMENT

Z ON 2 0 1 8 - 1 00 2 7 I t e m #12

Staff’s Recommendation Approval of the request, subject to the condi-tions in this report. Public Comment Courtesy notices were mailed to property owners within 300 ft. of the subject property during the week of December 11, 2018 As of the published date of this report, staff has received no comments for or against this re-quest.

Updated: December 10, 2018

City of Belle Isle

Unincorporated

Orange County

Page 2: DIAZ TIRADO PD AMENDMENT · 2018. 12. 12. · DIAZ-TIRADO PD AMENDMENT. ZON2018-10027. Item #12. Staff’s Recommendation. Approval of the request, subject to the condi-tions in this

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Future Land Use Map

Zoning Map B

road

wa

y A

ve

.

Page 3: DIAZ TIRADO PD AMENDMENT · 2018. 12. 12. · DIAZ-TIRADO PD AMENDMENT. ZON2018-10027. Item #12. Staff’s Recommendation. Approval of the request, subject to the condi-tions in this

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Project Analys is Project Description The +1.07 acre subject property is located at the southeast corner of Conway Road and Cove Drive and is developed with a single family home. The site currently zoned PD/AN (Diaz Tirado Development PD) was approved back in 2010 to allow for a single story, 13,731 sq. ft. commercial/office building, which was never built. The new property owners are proposing to amend the PD to allow for a two story, +12,000 sq. ft. pet daycare facility with accessory uses of eating and drinking, and a pet boarding facility. The eating and drinking component will be no more than +531 sq. ft. with a primary menu of smoothies, refreshments, snacks, sandwiches, and healthier food alternatives, and will not involve alcoholic beverages. If approved, the applicants will be required to go through an Administrative Master Plan to ensure that the conditions of the PD and City Code are adhered to. Previous Actions: 1960 - A one-story, 2,484 sq. ft. single family home was built. 2008 - Property was annexed into the City of Orlando with an initial zoning of R-3B (ANX2008-00017). 2010 - Property was rezoned to PD to allow for a 13,731 sq. ft. commercial/office building (ZON2009-00001). 2018 - Current owners acquired the property 2018 - New property owners want to amend the PD to allow for the new pet related uses (ZON2018-10027) Project Context As stated previously, the property is at the southeast corner of Conway Road and Cove Drive. The property to the east and south is vacant property zoned R-3B/AN. Across the street to the west and northwest is a single family neighbor-hood in the City of Belle Isle, and the property on the northeast corner of the intersection is an agricultural use operated by the Famlee Investment Corporation (formerly T.G. Lee). See Table 1 below for additional context.

Conformance with the GMP The property has a Future Land Use (FLU.) designation of Neighborhood Activity Center and is zoned Planned Develop-ment (PD) with the Aircraft Noise overlay. No FLU Subarea Policies apply to the site. The requested PD amendment to allow for a pet daycare facility is consistent with the FLU designation of Neighborhood Activity Center as it provides a support service (pet daycare) to the surrounding neighborhoods. Conformance with the LDC The development site is zoned PD/AN. Per section 58.361, the PD District is intended to provide a process for the evalu-ation of unique, individually planned developments which are not otherwise permitted in the zoning districts established by this Chapter. The PD District is to be a voluntary process commenced by an applicant for such zoning designation. The standards and procedures of this district are intended to promote flexibility of design and permit planned diversifica-tion and integration of uses and structures, while at the same time retaining in the City Council the absolute authority to establish such limitations and regulations as it deems necessary to protect the public health, safety and general welfare. Per section 58.371, the purpose of the Aircraft Noise (AN) 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.

Table 1—Project Context

Future Land Use Zoning Surrounding Use

North NEIGH-AC Agricultural AC-N/SP/AN

South Vacant RES-MED R-3B/AN

East Vacant RES-MED R-3B/AN

West Single family neighborhood RES-LOW City of Belle Isle

Page 4: DIAZ TIRADO PD AMENDMENT · 2018. 12. 12. · DIAZ-TIRADO PD AMENDMENT. ZON2018-10027. Item #12. Staff’s Recommendation. Approval of the request, subject to the condi-tions in this

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Development Standards The proposal is generally consistent with what has been identified in the PD and the underlying zoning of AC-N. They are amending the PD to allow for the new use of a pet daycare and staff will also be making some proposed amend-ments to clean up the PD to accommodate the new use. The only outstanding issue is that the building needs to be re-duced 2 ft. in height to not exceed the max allowed height of 35 ft. Please see Table 2 for further Development Stand-ards.

The following changes are what’s being proposed for the PD Amendment: A. Land Uses The PD currently allows for a single story 13,731 sq. ft. commercial/office building, where the applicants are proposing to change this to allow for a +12,000 sq. ft. two story pet day care facility. They also wish to add two accessory uses: eat-ing and drinking (health food), and pet boarding facility, which is allowed as an accessory use if there is a pet related principal use (pet daycare). The smoothie bar component of the development must comply with the Dog Friendly Dining (Chapter 58, Part 4U, Sections 58.897-58.899) regulations found in City Code and that of section 509.233 Florida Stat-utes. Under the PD amendment, the site will be allowed to have an eating and drinking accessory use with a pet orient-ed principal use. Unless otherwise changed by City Code or by Florida Statutes, the eating and drinking establishment will not be permitted to have pets inside and must be its own space with a separate entrance and no interior access to the pet day care facility. All prohibited uses identified in the PD will remain unchanged. B. Building/Urban Design The PD currently states that the “development shall include a minimum 80% office use within the total leasable area and maximum 20% commercial use within the total leasable area of the building.” As the building will now be one principal use (pet daycare) this condition of the PD will be removed as it is no longer applicable. Likewise, the PD also states that “...each unit shall have an entrance oriented directly toward Conway Road or Cove Drive…”. This will also be amended to accommodate one principal use, in that just the principal use must have an entrance oriented towards Conway Road or Cove Drive. All other urban design conditions identified in the PD will remain unchanged. C. Site Plan and Elevations To accommodate the new uses on site, the applicants are proposing a new site plan, which would replace what was ap-proved in the original PD. Exhibit B of the PD will be amended to reflect the new site plan. Additionally, the applicants have provided elevations that will also be added to the exhibits in the PD. The PD currently does not have any eleva-tions associated with it. D. Landscaping The PD currently addresses a myriad of landscaping conditions. Those conditions will be amended to require the land-

scaping to meet Chapter 60, Part 2.—Landscaping and Tree Protection. During the Administrative Master Plan, the ex-

isting trees must be shown on the development plan, preserved to the best extent they can be, and if removed a Tree

Removal and Encroachment Permit is required before removing any trees. The only condition of the landscaping re-

quirements that will remain will be the condition addressing the requirement of a Bufferyard ‘A’ along the eastern proper-

ty line and a Bufferyard ‘B’ along the southern property line.

Transportation

The Transportation Department is requiring that the recorded documentation granting rights to the shared access ease-

Table 2—Development Standards

Acres Use Sq. Ft./dwelling

units

Density (dwelling units per

acre)

FAR (floor area ratio)

Building Height ISR (impervious sur-

face ratio)

Min./Max.

Pro-posed

Min./Max.

Pro-posed

Max. Pro-posed

Max.

Pro-posed

1.07

Pet Day-care

12,000 sq. ft. 15/30 N/A

.30

.26 35 ft. 37.6 ft. 0.75

0.75

Page 5: DIAZ TIRADO PD AMENDMENT · 2018. 12. 12. · DIAZ-TIRADO PD AMENDMENT. ZON2018-10027. Item #12. Staff’s Recommendation. Approval of the request, subject to the condi-tions in this

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ments for both driveways must be provided with the plans submitted for the Administrative Master Plan. Parking will be

assessed for the principal use of a pet daycare facility (personal service) at a minimum ratio of 2.5 spaces for every

1,000 sq. ft. of gross floor area (GFA) and a maximum ratio of 4 spaces for every 1,000 sq. ft. of GFA. The accessory

uses of eating and drinking, and the pet boarding facility will not be calculated, however if the eating and drinking estab-

lishment becomes less of an accessory use and expands beyond the proposed +531 sq. ft., then the minimum and max-

imum parking ratios for eating and drinking establishments must be used for the portion of the building that is eating and

drinking. They are proposing 34 spaces where the minimum required is 30 for their proposed use. Please see Table 3

below for the sites parking requirements.

Aerial Photo

Subject Site

Table 3—Parking Requirements

Use Sq. Ft. Minimum Ratio Minimum Spaces Required

Maximum Ratio Max. Spaces Permitted

Personal Service 12,000 sq. ft.

2.5 spaces : 1,000 sq. ft. GFA

30 4 spaces : 1,000

sq. ft. GFA 48

Total Provided 34

Page 6: DIAZ TIRADO PD AMENDMENT · 2018. 12. 12. · DIAZ-TIRADO PD AMENDMENT. ZON2018-10027. Item #12. Staff’s Recommendation. Approval of the request, subject to the condi-tions in this

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Survey

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Site Plan

Shared access ease-ment required prior to

development.

Shared access ease-ment required prior to

development.

Page 8: DIAZ TIRADO PD AMENDMENT · 2018. 12. 12. · DIAZ-TIRADO PD AMENDMENT. ZON2018-10027. Item #12. Staff’s Recommendation. Approval of the request, subject to the condi-tions in this

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Landscape Plan

Bufferyard ‘B’ required.

Bufferyard ‘A’ required.

Page 9: DIAZ TIRADO PD AMENDMENT · 2018. 12. 12. · DIAZ-TIRADO PD AMENDMENT. ZON2018-10027. Item #12. Staff’s Recommendation. Approval of the request, subject to the condi-tions in this

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Proposed Elevat ions

Northeast Elevations

Page 10: DIAZ TIRADO PD AMENDMENT · 2018. 12. 12. · DIAZ-TIRADO PD AMENDMENT. ZON2018-10027. Item #12. Staff’s Recommendation. Approval of the request, subject to the condi-tions in this

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Project Descr ipt ion

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Project Descr ipt ion (Cont ’d)

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Project Descr ipt ion (Cont ’d)

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Project Descr ipt ion (Cont ’d)

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Project Descr ipt ion (Cont ’d)

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Project Descr ipt ion (Cont ’d)

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Site Photos

Site as viewed looking south-east. Currently there is a single family home that exists today.

Site as viewed looking north-east.

Single family home to demol-ished.

Page 17: DIAZ TIRADO PD AMENDMENT · 2018. 12. 12. · DIAZ-TIRADO PD AMENDMENT. ZON2018-10027. Item #12. Staff’s Recommendation. Approval of the request, subject to the condi-tions in this

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Condit ions of Approval Land Development 1. Subject To Codes. Except as provided herein, the development is subject to all codes and ordinances of the State of Florida, City of Orlando, and all other applicable regulatory agencies. 2. Development Requirements. Except as modified herein, the project shall be developed in accordance with the require-ments of the Growth Management Plan, and any other pertinent provisions of the Conventional LDC. 3. Development Permits. As provided by subsection 166.033(5), Florida Statutes, issuance of a development permit by a municipality does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the municipality for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. In accordance with subsection 166.033(5), Florida Statutes, it is hereby made a con-dition of this permit that all other applicable state or federal permits be obtained before commencement of the develop-ment. 4. Consistency. Unless amended by any conditions found herein or any modifications recommended by the MPB and approved by City Council, this project shall operate and be developed only as described and conditioned within this re-port and in accordance with the attached site plan and any other plans or commitments provided in the application pack-age. Any changes in the use of the site, the operation of the project, or the site plan as provided herein may require an amendment to the project and review by the MPB and City Council (see "Minor Modifications" condition below.) This ap-proval is not transferable to another property. All other applicable state or federal permits must be obtained before com-mencing development. 5. Minor Modifications. Minor modifications to the project, including changes to the design and site plan reviewed by the Municipal Planning Board or City Council may be approved by the Planning Official without further review by the Munici-pal Planning Board. Major changes shall require additional review by the Municipal Planning Board. 6. Review by City Attorney’s Office. Municipal Planning Board recommendation of the conditions contained herein is sub-

ject to review by the City Attorney’s Office for legal sufficiency and drafting of implementing documents.

7. ISR. The site is limited to a maximum Impervious Surface Ratio of 0.75.

8. Bufferyard. Bufferyard ‘A’ is required for the east side of the property and Bufferyard ‘B’ is required for the southern, rear property line. 9. Accessory Structures. No accessory structures are permitted. 10. PD Expiration. The proposed PD does not have an expiration date and will remain without one. This ensures that if the proposed development does not get constructed, anything new get assessed for neighborhood compatibility and re-spectively amends the PD.

Findings Subject to the conditions contained herein, the proposal is consistent with the requirements for approval of Master Plan applications contained in Section 65.331 of the Land Development Code (LDC): 1. The proposed use is consistent with the City’s Growth Management Plan. 2. The proposed use is consistent with the purpose and intent of the PD/AN zoning district and all other requirements

of the LDC. 3. The proposed use will be 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 ZON2018-10027 subject to the conditions below:

Page 18: DIAZ TIRADO PD AMENDMENT · 2018. 12. 12. · DIAZ-TIRADO PD AMENDMENT. ZON2018-10027. Item #12. Staff’s Recommendation. Approval of the request, subject to the condi-tions in this

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12. Accessory Use. The eating and drinking use is limited to an accessory use, cannot exceed the proposed square foot-age of +531 sq. ft. and cannot become a principal use, without amending the PD to reflect that change. Unless other-wise changed by City Code or by Florida Statutes, the eating and drinking establishment will not be permitted to have pets inside and must be its own space with a separate entrance and no interior access to the pet daycare facility. 11. Master Plan. In order to ensure the conditions of approval are adhered to an Administrative Master Plan must be ap-proved prior to submitting for permits. Transportation 1. Except as where noted in this staff report, all aspects of the site plan are required to conform to all applicable mini-mum standards set forth in the editions of the City Code and the City Engineering Standards Manual that are in force at the time of any construction of this project. 2. Street cross sections must conform to previously approved dimensions. 3. Support of this submittal by the Transportation Dept. does not constitute final engineering approval of this concept for development. Materials and designs for transportation related elements of the project must meet or exceed standards in the versions of the City Code and Engineering Standards Manual in effect at the time of submittal to Permitting Services. 4. Proper sightlines must be maintained at all driveways and parking areas. Site plans and landscaping plans submitted to Permitting Services should include sightline triangles. AutoTurn analysis for emergency vehicles and solid waste col-lection should be attached to plans to prevent delays in processing. 5. Further conditions may be required in the Master Plan process. 6. Recorded documentation granting rights to the shared access easements for both driveways must be provided with

plans submitted for the Master Plan application.

Parks

1. Aerial photos show existing trees that are not shown in the survey or development plans. All existing trees must be

shown on the plans. Please design accordingly and contact Andy Kittsley in the City Parks Division at

[email protected] to enquire about tree encroachment or removal permits.

2. Street trees should be planned for appropriateness to the site specific conditions (parkway width, utilities, stop sign

and intersection visibility, proximity to street lights, and scale). Generally, street trees should match those directly across

the street to provide consistency and a “tree-lined boulevard” appearance. Installation of less than three trees in a row of

a single species is inappropriate for most sites. Where installation of street trees within the right-of-way is impractical, on-

site trees planted on the private property may be acceptable. Installation of street trees may require special design and

construction techniques, such as the use of structural soils root barriers. This condition will be addressed in the Adminis-

trative Master Plan, not the PD Amendment.

Water Reclamation 1. The Water Reclamation Division will require a pre-application meeting to discuss the following relating to sanitary sew-er and reclaimed water service to the subject property. 2. A 6” reclaimed water main is located on the east side of the Conway Rd right-of-way (ROW) and is available for con-nection to serve the subject property. Connection to the reclaimed water main shall be in accordance with Chapter 10 of the City of Orlando Engineering Standards Manual (ESM) and City Standard Details for reclaimed water, which can be found on the City’s website. 3. Although the subject property lies within the City’s sewer service area, other properties in the vicinity have made con-nection to the Orange County Utilities sanitary sewer network. Therefore, the Division would have no objections with an amendment to the Territorial Agreement resulting in a connection into the Orange County Utilities sewer network. We advise that the applicant contact Orange County Utilities about sanitary sewer availability. 4. Prior to moving forward with plans to develop the subject property, the sanitary sewer provider (City of Orlando or Or-ange County Utilities) needs to be established. We recommend that the applicant schedule a meeting with the Water Reclamation Division to discuss the challenges with serving sanitary sewer to the property.

Page 19: DIAZ TIRADO PD AMENDMENT · 2018. 12. 12. · DIAZ-TIRADO PD AMENDMENT. ZON2018-10027. Item #12. Staff’s Recommendation. Approval of the request, subject to the condi-tions in this

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5. Contact the Water Reclamation Division to schedule a meeting to discuss the challenges with sanitary sewer availabil-ity. Contact Dave Breitrick, PE (407) 246-3525 or [email protected] with any questions and to schedule a pre-application meeting.

Development Review 1. The Office of Permitting Services recommends approval of the proposed Amended Planned Development, subject to the listed conditions and requirements below. 2. As per Section 61.225 of the Land Development Code, a 5 foot wide concrete sidewalk is required along all dedicated rights-of-way. Any existing sidewalk damaged or broken is to be repaired. The owner/developer is required to design and construct an on-site storm water system. Approval from St John River Florida Water Management District is required. The system is to be privately owned and maintained. 3. At the time of development, the owner/developer is required to pay an on-site inspection fee that is a percentage of the cost of the on-site improvements, excluding the building, in accordance with City Land Development Code, Section 65.604. 4. Construction activities including clearing, grading and excavating activities shall obtain an Environmental Protection Agency (EPA) National Pollution Discharge Elimination System (NPDES) permit, except: Operations that result in the disturbance of one acre total land area which are not part of a larger common plan of development or sale. 5. The City Council Adopted the Engineering Standards Manual (ESM), Fifth Edition on April 18, 2016. All plans must conform to the ESM and all construction must be accomplished in accordance to the ESM.. 6. All future elevation shown on a boundary/topographic survey shall use the North American Vertical Datum of 1988 (NAVD 88). 7. All new construction, change in use, additions, or redevelopments are required to submit a Concurrency Management

application as a part of the building plan review process. 8. This property is required to plat in accordance with Section 65.401 of the City's Land Development Code prior to the issuance of building permits. 9. Contact the Bureau of Parks (407) 246-2283 for a tree removal permit before removing any 4" caliper or larger trees. Contact the Bureau of Parks (407) 246-2283 for a tree encroachment permit prior to encroaching within the canopy of any 4" caliper or larger trees. 10. The owner/developer should contact the Water Reclamation Division (Wastewater) for review and approval of availa-ble sanitary sewer capacity to serve the proposed development. Future construction is to be in accordance with the Engi-neering Standard Manual Fifth Edition. 11. The Orlando City Council approved a Resolution at the January 27, 1997 City Council Meeting. Section 61.226 of the City's Land Development Code provides for a Street Tree Trust Fund. The developer is responsible for the installation of street trees prior to final of the building permit. The Street Tree speciations are 12'-14' height of canopy tree. 12. In accordance with City Code Section 28.6 (f) 1-3, the Office of Permitting Services is authorized to make a determi-nation of approval/disapproval of refuse container sites. The dumpster must have a minimum opening of 12' wide and a clear depth of 10' forward of any bollards within the enclosure. Approval/disapproval of the use of commercial hand pick-up of refuse from any non-residential entity shall be determined solely by the Refuse Collection Bureau Staff. Police 1. The Orlando Police Department has reviewed the plans for the Diaz-Tirado PD Amendment located at 5705 Conway

Rd., applying CPTED (Crime Prevention Through Environmental Design) principles. CPTED emphasizes the proper de-

sign and effective use of a created environment to reduce crime and enhance the quality of life. There are overlapping

strategies in CPTED that apply to any development: Natural Surveillance, Natural Access Control, Territorial Reinforce-

ment, Target Hardening, and Maintenance and Management.

Page 20: DIAZ TIRADO PD AMENDMENT · 2018. 12. 12. · DIAZ-TIRADO PD AMENDMENT. ZON2018-10027. Item #12. Staff’s Recommendation. Approval of the request, subject to the condi-tions in this

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Contact Informat ion Growth Management For questions regarding Growth Management plan review, please contact Megan Barrow at 407.246.3363 or [email protected]. Land Development For questions regarding Land Development review, please contact Chris DeLoatche at 407.246.3624 or [email protected]. Urban Design For questions regarding Urban Design plan review, please contact Jacques Coulon at 407.246.3427 or [email protected]. Transportation For questions regarding Transportation Planning review, please contact John Rhoades at 407.246.2293 or [email protected] Development Review For questions regarding Development Review contact Keith Grayson at 407.246.3234 or [email protected]. Fire For any questions regarding fire issues, please contact Chip Howard at 407.246.2143 or at [email protected]. Public Works For questions regarding Public Works Plan Review issues contact Nicki Wesson at 407.246.3264 or [email protected]. Building For questions regarding Building Plan Review issues contact Don Fields at 407.246.2654 or [email protected]. Parks For questions regarding Parks Plan Review issues contact Ken Pelham at 407.246.4280 or [email protected]. For questions regarding Tree Review issues contact Andy Kittsley at 407.246.2701 or [email protected]. Water Reclamation For questions regarding Wastewater Review issues contact David Breitrick at 407.246.3525 or [email protected]. Impact Fees For questions regarding Impact Fee issues contact Nancy Jurus-Ottini at 407.246.3529 or [email protected].

Police For questions regarding Police plan review, please contact Audra Rigby at 407.246.2454 or [email protected].

Review/Approval Process—Next Steps 1. MPB minutes scheduled for review and approval by City Council. 2. Apply for Administrative Master Plan 3. Apply for building permits.


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