File #: LN-116    Version: Name:
Type: PZB Submission Status: Reported to Council
File created: 4/22/2021 In control: Planning and Zoning Board
On agenda: 8/25/2021 Final action: 5/5/2021
Title: LIVE! RESORT PLAT
Attachments: 1. PZB Documents_8.25 (3).zip, 2. PZB Drawings_8.25.zip

boardname

PLANNING AND ZONING BOARD

Meeting Date: AUGUST 25, 2021

 

title

LIVE! RESORT PLAT

 

projectinfo

Request:                     Plat

P&Z#                     21-14000008

Owner:                     Pompano Park JV Land Holdings, LLC

Project Location:                     777 Isle of Capri Circle

Folio Number:                     494203220021

Land Use Designation:                     LAC (Local Activity Center)

Zoning District:                     PCD (Planned Commercial Development)

Commission District:                     5

Agent:                      Andrea Harper (954-788-3400)

Project Planner:                     Maggie Barszewski (954-786-7921 / Maggie.barszewski@copbfl.com)

 

otherinfo

Summary:                     

A.  Plat Background

A plat is a map, drawn to scale, showing the divisions of a piece of land. It can delineate blocks, streets, alleys and easements. Further refinement often splits blocks into individual lots, usually for the purpose of selling the described lots, this has become known as subdivision. The statutory definition of subdivision according to Chapter 177.031(18), F.S. is “the division of land into three or more lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land; and includes establishment of new streets and alleys, additions, and re-subdivisions.” Upon the filing of a plat, legal descriptions can then refer to block and lot-numbers rather than portions of sections. In order for plats to become legally valid, a local governing body must review and approve them.

 

In Broward County, such legal authority is bestowed upon the Broward County Commission as stipulated within Article 7 of the Broward County Administrative Rules Document. Section 7.2 - ‘Countywide Platting Authority’ states that “No plat of lands lying within Broward County, either in the incorporated or unincorporated areas, may be recorded in the Official Records prior to approval by the County Commission.” Section 7.4 provides for the input of each local government within Broward County, whereby a plat application must first be approved by the local jurisdiction before final approval with the County Commission. That section states that “local Jurisdictions shall require platting at least in those circumstances where the Broward County Land Use Plan requires platting.”

 

B.  Request

The agent, Mike Vonder Meulen of Keith, Inc., representing the owner of the property, Pompano Park JV Land Holdings, LLC, is requesting Plat approval for the 12.9 acre Pompano Park Racino II Plat which is the only unplatted parcel of land associated with the 232.05 gross acre LIVE! Resorts Pompano Planned Development (PCD). The property is located approximately 750 feet south of SW 3rd Street, adjacent to the CSX/Seaboard Coastline Railroad, and has an address of 777 Isle of Capri Circle.  The Plat restricts the property to a maximum of 100,000 square feet of industrial use for potential future development. Access to the proposed plat will be provided through an existing 50-foot access easement within the Pompano Racino Plat, which abuts SW 3rd Street (Race Track Road). The 12.9-acre subject property currently has horse stables and jockey dormitories on site, which will eventually be demolished. This larger subject property (including the proposed-Plat area) had been rezoned in 2019 from RAC to PCD and then that land use designation and PCD were amended on Oct. 27, 2020 to allow for some Industrial uses. On the “District Plan,” the PCD Plat area lies within the “Corporate District,” with the following prescribed uses: Office, Mixed Use, Commercial, Commercial Recreation, Hotel, and Industrial Park. A Conceptual Site Plan has been provided for this Plat submittal showing the Applicant is proposing to construct vehicle parking on site, and the Narrative, indicates the proposed maximum of the 100,000 square feet of Industrial use.

 

C.  Section 155.2410.  PLAT - A.  Purpose

The purpose of this section is to provide a review procedure to conform to the Broward County Land Use Plan's requirement that local governments require compliance with the county's platting requirements and to ensure subdivisions of land within the city:

 

1.                     Provide for the orderly growth and development of the city;

2.                     Coordinate proposed streets with existing and planned streets in the city's street system, and with other public facilities;

3.                     Provide rights-of-way for streets and utility easements;

4.                     Avoid congestion and overcrowding of streets;

5.                     Ensure there is adequate access to development;

6.                     Ensure there are adequate utility facilities to serve development;

7.                     Ensure there is adequate open space and recreation facilities to serve development; and

8.                     Ensure there is proper recordation of land ownership or property owner association records, where applicable.

 

D.   Plat Review Standards

An application for a Plat shall be approved only on a finding that the proposed subdivision or development on the lots proposed to be platted meets all of the following standards:

 

1.                     The development complies with the applicable standards in Part 7 (Lots) of Article 5: Development Standards;

2.                     The development complies with all other applicable standards in this Code;

3.                     The development complies with all requirements or conditions of any applicable development orders (e.g., Planned Development);

4.                     Any land within the platted lot(s) that is necessary to comply with the Broward County Trafficways Plan has been conveyed to public by deed or grant of easement;

5.                     The development complies with any applicable hazardous material licensing requirements in the Broward County Wellfield Protection Ordinance; and

6.                     All facilities for the distribution of electricity, telephone, cable television, and similar utilities, shall be placed underground.

 

E.  Staff Analysis

 

The subject property is Zoned PCD and has a Regional Activity Center land designation.  The proposed Plat was reviewed by the DRC on May 5, 2021, and found to be in compliance with the PCD and the City’s Land Development Regulations. The Broward County Development Review Report (DRR) recommendations have been addressed on the Plat. Furthermore, all applicable Development Standards in Part 7 of Article 5 have been met. The request for a maximum of 100,000 square feet of Industrial use is, thus far, only indicated in the Narrative, therefore the Plat sheet will need to add this information prior to the City Commission placement (as will be mentioned in a suggested condition).

 

Service providers are required to provide a letter prior to City Commission approval.  The applicant has submitted all of the required service provider letters: 

 

FDOT:

A letter from FDOT was not warranted since the property is not adjacent to a State Roadway.

Teco Peoples Gas:

A letter was submitted from Teco Gas stating no objection.

AT&T:

A letter was submitted from AT&T stating no objection.

Comcast:

A letter was submitted from Comcast stating no objection.

FPL:

A letter was submitted from FPL stating no objection.

 

Staff Conditions:                      

Department of Development Services Recommendation

                     

Development Services staff recommends approval of this Plat with the following conditions to be satisfied prior to the City Commission hearing:

 

1.                     The Plat cover page must be signed and sealed by the surveyor and signed by all owners.

 

2.                     A note shall be placed on the Plat indicating the restriction that there be a maximum of 100,000 square feet of Industrial use on the property.