Staff Report to the
Municipal Planning Board
August 16, 2016
CUP2016-00013
ITEM #1
LAKE EOLA HEIGHTS
COMMUNITY GARDEN
Location Map
Subject Site
S U M M A RY
Owner(s)
Leonard Mobley, Board
Member
Broadway United Methodist
Applicant
Jeff Thompson, Board
Member
Broadway United Methodist
Church
Project Planner
Katy Magruder, CNU-A
Updated: August 3, 2016
Property Location:
Staff’s Recommendation:
406 E. Amelia St. Parcel ID: 25-22-29-0000-00- Approval of the request, subject to the conditions
044 (South of Amelia St., East of Broadway
in this report.
Ave., and North of Harwood St.) District 4,
±1.30 acres
Public Comment
Courtesy notices were mailed to property owners
Applicant’s Request:
The applicant is seeking a Conditional Use Per- within 300 ft. of the subject property during the
mit (CUP) for a community garden at the Broad- week of August 1, 2016. As of the published date
way Methodist Church in the Lake Eola Heights of this report, staff has not received any comneighborhood.
ments from the public concerning this request.
Page 2
FUTURE LAND USE MAP
SUBJECT
SITE
ZONING MAP
SUBJECT
SITE
Page 3
P R O J E C T A N A LY S I S
Project Description
The subject parcel is located south of Amelia St., east of Broadway Ave., and north of Harwood St. The subject site hosts three
buildings onsite. The church, a recreation hall and a building currently used for a daycare facility. The applicant is requesting a Conditional Use Permit (CUP) for a community garden at the Broadway Methodist Church in the Lake Eola Heights neighborhood. The
proposed garden is to be located in the currently vacant southeastern portion of the site and will be +/-62 ft. by +/- 100 ft. in area
with multiple gardening plots.
The site has a Future Land Use designation of Residential Medium Intensity and a zoning designation of R-2B/T/HP (One to Two
Family Residential in the Traditional City and Lake Eola Heights Historic Preservation District Overlays). The proposal is consistent
with both the Zoning and Future Land Use designations.
In the City of Orlando, community gardens have generally been sited on City-owned property and include the Parramore Community
Garden, the Festival Park Community Garden and more recently, the Englewood Park Community Garden. The proposed garden
will be sited on a private church’s property in a residential zoning district. Through the CUP approval process, the garden, as a public
benefit use, would be allowed.
Previous Actions:
 1926—Church building constructed on the subject property
 1969—Building constructed onsite for use as a recreation hall associated with church activities
 1981—Additional building constructed onsite to create additional space for recreation and to host a daycare facility
 2005—CUP approval to host a child care facility in the existing recreational hall building. (CUP2005-00001)
 2009—Renewal of CUP2005-00001 for expansion of a PBU to permit a child care. (CUP2009-00003)
Project Context
The overall property is currently developed with three buildings totaling 23,110 sq. ft. of living area. Two of the buildings are used
for recreational activities and the associated daycare. The third building is used for religious practices. The property is surrounded
by single-family homes. The requested CUP for a community garden will not require the building of any additional structures except
for a fence to enclose the garden space. Surrounding uses, zoning, and future land uses on adjacent parcels are shown in Table 1 below.
Table 1—Project Context
Future Land Use
Zoning
Surrounding Use
North
Residential Medium Intensity
(R-2B/T/HP)
One to Two Family Residential, Traditional City and
Lake Eola Heights Overlays
East
Residential Medium Intensity
(R-2B/T/HP)
One to Two Family Residential, Traditional City and
Lake Eola Heights Overlays
Single-family residential
South
Residential Medium Intensity
(R-2B/T/HP)
One to Two Family Residential, Traditional City and
Lake Eola Heights Overlays
Single-family residential
West
Residential Medium Intensity
(R-2B/T/HP)
One to Two Family Residential, Traditional City and
Lake Eola Heights Overlays
Single-family residential
Single-family residential
Conformance with the GMP
The site has the RES-MED future land use designation and R-2B/T/HP zoning with the Traditional City (/T) and Lake Eola Heights
Historic Preservation District Overlays (/HP). Surrounding uses include single family residential to the north, south and east while to
the west is single family residential and a parking area. The subject site is developed with a church, accessory buildings and parking.
The subject site and surrounding properties have the Residential Medium Intensity future land use designation and R-2B zoning with
the Traditional City (/T) and Lake Eola Heights Historic District (/SP) overlays. Allowable uses in the Residential Medium Intensity
future land use district include residential and public, recreational and institutional.
Page 4
P R O J E C T A N A LY S I S
The proposed garden use is allowed in the RES-MED future land use designation as a public, recreational and institutional use and is
generally compatible with the surrounding residential area. The Residential Medium Intensity future land use designation has a maximum FAR of 0.30 and a maximum density of 30 du/ac. and no minimum FAR but a minimum density of 12 du/ac. There will be no
built structures associated with the garden use and so FAR requirements do not apply.
The Comprehensive Planning studio defers to Land Development to address buffers to abutting residential, fencing for site control,
fence gates that allow adequate clearance for soil and mulch drop off, composting, seating, and bike rack areas, as well as signage
and adequate water supply. The Comprehensive Planning Studio has no objections to this request.
Conformance with the LDC
The subject site is zoned R-2B/T/HP (One to Two Family Residential, Traditional City and Lake Eola Heights Overlays). The R-2B/
T/HP district is “intended to conserve the general character of established neighborhoods which have developed over time as a mixture of single family homes, duplexes, small apartment buildings of 3—5 units, garage apartments and accessory apartments. New
development in this district is encouraged to maintain the prevailing bulk, height, setbacks and general design of the surrounding
neighborhood.”
“The Traditional City shall be defined by recognizable geographic boundaries of subdivisions platted prior to World War II in which
there is a concentration of the positive design elements.”
“The purpose of the HP Overlay district is to promote the educational, cultural, and economic welfare of the City by preserving and
protecting historic structures, sites, monuments, streets, areas and neighborhoods which serve as visible reminders of the history and
cultural heritage of the City, state or nation. Furthermore, it is the purpose of this district to strengthen the economy of the City by
stabilizing and improving property values in historic areas, and to encourage new construction and development that will be harmonious with existing historic structures and areas.”
Traditionally, community gardens involve the growing and harvesting of vegetables and fruits by local members of a community.
The proposed community garden is consistent with Planning Official determination LDC2008-00254 (Consideration of Community
Gardens), which defined that a community garden is a public benefit use if it:
a) is less 1/2 acre in size
b) does not include farm animals
c) does not store farm machinery, fertilizers or pesticides (in excess of what is needed for the garden)
d) does not store composted garden material (other than what is produced or used by the garden)
e) does not include any structures unless they are clearly incidental and are to support the garden use
f) does not include on-site sales.
The garden, as proposed, generally meets this criteria. Accordingly, the proposed use meets the purpose and intent of the LDC. The
community garden site will add a specific public use which is designed to benefit the Lake Eola Heights community. Accordingly,
the proposal is compatible with the surrounding uses and general character of the area.
Operational Characteristics
The Community Garden may be open from 7:30 am to sunset, Monday through Sunday. The applicant has developed garden rules as
well as plot rental and membership requirements. A full description of the garden is provided on page 10-15. The actual number of
community gardeners has not yet been determined. In order to prevent empty garden beds, after phase one of the garden is complete, garden beds shall be constructed as they are assigned. Any expansion to the garden beyond that shown on the garden plan on
page 6 will require a Planning Official Letter of Determination.
Signage and Accessory Structures
Given the nature of the site, signage shall be limited to 4 sq. ft. in area and be no greater than 4 ft. in height (See signage condition
for additional information on siting). The site already hosts two sheds in proximity of the community garden site. Per Urban Design
conditions, no additional sheds may be added. Additionally, any use of compost bins must be at least 20 ft. from neighboring property lines.
Transportation
The garden’s central location and proximity to other neighborhood public benefit uses including churches and a daycare as well as its
proximity to Lynx bus stops will minimize vehicular traffic impacts to the immediate neighborhood. According to Orange County
Property Appraiser, 34 parking spaces are provided onsite and Broadway Ave. has on-street parking There is pedestrian access to
the site from both Amelia St., Harwood St. & Broadway Ave. The garden is not anticipated to generate significant vehicular traffic
Page 5
P R O J E C T A N A LY S I S
as garden bed owners will be residents of the Lake Eola Heights neighborhood. In order to accommodate deliveries, the applicant
shall install a “Loading Zone” sign in the existing church parking lot.
Urban Design
Outside of the garden beds, the existing ground cover of turf grass will remain. The applicant has applied for a fence permit to build a
4 ft. high wooden fence around the garden area. Staff has no issues with the proposed fence and gates.
SITE PLAN
1110
1112
1114
Page 6
GARDEN PLAN
Phase II: Construction of garden beds shall
be done as demanded to avoid empty garden
beds.
FENCE STYLE
Page 7
SITE PHOTOS
View of the subject
property looking
north. Privacy fence
separates the vacant
church property and
single-family homes
to the east and north.
Red line shows the
approximate location
of the proposed garden.
View of the surface
parking lot for the
church abutting the
grassed area where
the garden is proposed.
Page 8
SITE PHOTOS
Proposed garden
location
View of the drive aisle
facing south toward
Harwood St. The
community garden is
proposed on the existing grassy land at
the end of the drive
aisle to the southeast.
(out of view of this
image)
Single-family homes.
View of the existing
grassy land where the
community garden is
proposed.
Page 9
SITE PHOTOS
View of E. Amelia St.
facing west. This image shows the side of
the Broadway Methodist Church and observes the on-street
parking available on
Amelia St.
View of the recreational hall that hosts
the daycare facility.
Page 10
LAKE EOLA HEIGHTS COMMUNITY GARDEN:
B Y L AW S
Page 11
LAKE EOLA HEIGHTS COMMUNITY GARDEN:
B Y L AW S
Page 12
LAKE EOLA HEIGHTS COMMUNITY GARDEN:
B Y L AW S
Page 13
LAKE EOLA HEIGHTS COMMUNITY GARDEN:
B Y L AW S
Page 14
LAKE EOLA HEIGHTS COMMUNITY GARDEN:
B Y L AW S
Page 15
LAKE EOLA HEIGHTS COMMUNITY GARDEN:
PLOT MAINTENANCE REQUIREMENTS
P aaggee 1166
AERIAL
FINDINGS
Subject to the conditions contained herein, the proposal is consistent with the requirements for approval of Conditional Use Permit
applications contained in Chapter 65 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 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 the requested Conditional Use Permit, subject to the conditions below:
P aaggee 1177
C O N D I T I O N S O F A P P R O VA L
Growth Management
The Comprehensive Planning Studio has no objections to the proposed CUP request.
Land Development
1. Land Use and Zoning. Except as provided herein, development of the property shall be consistent with the development standards
of the R-2B/T/HP zoning district.
2. Scope of Conditional Use. This use shall operate only as described within this report. All of the improvements shown in the attached site plan (and as amended by any conditions found herein) are required as a condition of approval. Any changes in the use of
the site, the operation of the project, or the site plan as described herein may require a new or amended Conditional Use Permit/MPL
(see "Minor Modifications" condition). This approval is not transferable to another property.
3. Minor Modifications. Minor modifications and design changes including but not limited to fences, signs, landscaping, interior
alterations, and other minor changes, that are required beyond those previously reviewed by the Municipal Planning Board, may be
approved by the Planning Official without further review by the Municipal Planning Board. Major changes shall require additional
review by the Municipal Planning Board.
4. Permit Compliance. All plans submitted with the applicant's building permit application(s) must comply with the conditions of
approval provided in the Municipal Planning Board staff report and any amendments to those conditions approved by the Municipal
Planning Board or City Council. No building permit will be issued for this project until all conditions of approval are complied with
and reflected in the plans submitted with the building permit application.
5. Regulations Subject to Code. Except as provided herein, the proposed project is subject to the conditions of this report and all
codes and ordinances of the State of Florida, City of Orlando and all other applicable regulatory agencies. All other applicable state
or federal permits must also be obtained before commencing development.
6. CUP Expiration. Approval of the Conditional Use by City Council shall grant the applicant authority to submit an application for
site plan/master plan review for a building permit. The permit application must be submitted and a permit issued within two (2)
years of approval of City Council or the Conditional Use Permit shall expire. However, upon written application filed 30 days prior
to the expiration date, the Planning Official may renew the Conditional Use Permit for a one period of up to 12 months providing
good cause is shown.
7. Uses. The church establishment will have a community component. Any expansion of the garden must be through a Planning
Officials Determination.
8. Signage. Signage will be residential in character, no larger than what would be allowed for a “for sale/for lease” sign (4 sq. ft. in
area). Banners, streamers, and wind-operated devices are prohibited.
9. Phasing. After the completion of Phase I (on page 6 of the garden plan) of the Lake Eola Heights community garden, garden beds
must be constructed as demanded to avoid empty garden beds sitting unused.
10. Disclaimer: Issuance of this Approval Letter 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 City 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.
All other applicable state or federal permits must be obtained before commencing development.
Urban Design
1. Accessory Structures. No new sheds may be installed; existing sheds may be replaced in the same locations.
2. Compost Bins. Compost heaps or bins must not be located within 20 feet of any property lines.
3. Garden Beds. Must not be located closer than 5 feet from any property lines.
P aaggee 1188
C O N D I T I O N S O F A P P R O VA L
4. Amenities. At least 2 benches must be installed; one should be placed under the existing tree canopy.
5. Fencing. New galvanized chain link fencing is not allowed. If chain link fencing is to be installed, it must be vinyl-clad black
mesh, with top and bottom rails, and all posts and hardware painted black.
Transportation Engineering
1. Loading and Unloading Zone. Provide signage indicating a loading /unloading zone in the existing parking lot to ensure that
delivery vehicles do not block the ROW and do not drive onto the grass for deliveries or maneuvering. The loading zone can be utilized as church parking during normal hours.
C O N TA C T I N F O R M AT I O N
Growth Management
For questions regarding Growth Management plan review, please contact Mary Stewart Droege at
[email protected] or (407) 246-3276.
Land Development
For questions regarding Land Development review, please contact Katy Magruder at (407) 246-3355 or
[email protected].
Urban Design
For questions regarding Urban Design plan review, please contact Ken Pelham, at (407) 246-3235 or [email protected]
Transportation
For questions regarding Transportation Planning plan review, please contact Lauren Torres at (407) 246-3220 or [email protected]
R E V I E W / A P P R O VA L P R O C E S S — N E X T S T E P S
1. MPB minutes scheduled for review and approval by City Council.
2. Applicant applies for building permits.