boardname
DEVELOPMENT REVIEW COMMITTEE
Meeting Date: SEPTEMBER 18, 2024
title
400 SUNSET TOWNHOUSE
projectinfo
Request: Minor Site Plan
P&Z# 24-12000007
Owner: Paradise at 400 Sunset LLC
Project Location: 400 Sunset Dr
Folio Number: 484331120080
Land Use Designation: H (High 25-46 DU/AC)
Zoning District: RM-45 (Multiple-Family Residence 45)
Commission District: 1 (Andrea McGee)
Agent: Syed Ali Nazem (alinazem@rocketmail.com)
Project Planner: Pamela Stanton (954-786-5561 / pamela.stanton@copbfl.com)
otherinfo
Summary:
This Minor Site Plan application is for a new three-unit townhouse development in a 6,615 square foot lot (0.1519 acre) in one 5-story building located at the northeast corner of Sunset Drive and NE 4 Street.
Staff Conditions:
PLANNING
Plan Reviewer: Max Wemyss | max.wemyss@copbfl.com
Status: Authorized With Conditions.
- Application is for 3 4-bedroom townhouses.
- Land use for this parcel is Residential - High (46 DU/Acre) where the property is 0.15186 net acres. Zoning for the property is RM-45 (45 DU/Acre), consistent with the Land Use and permitting up to 6 dwelling units.
- Property is Platted Surfside Villas, Block 1 Lot 6 (Plat Book 26, Page 43), with no restrictions. There are no conflicts with this proposal.
- Provide a School Capacity Availability Determination (SCAD) Letter from the Broward County School Board prior to building permit approval.
- The property abuts Sunset Dr, NE 4 Street. The survey provided indicates the overall width of Sunset Drive (50 feet, 25 feet to centerline). It also indicates that there are 50 feet of right-of-way for NE 4 St (noting 25 feet to the centerline). These roadways provide the minimum right-of-way required pursuant to Chapter 100.01.
ZONING
Plan Reviewer: Pamela Stanton | pamela.stanton@copbfl.com
Status: Authorized with Conditions. ALL ZONING COMMENTS WILL BE INCLUDED AS CONDITIONS OF SITE PLAN APPROVAL AND MUST BE SATISFACTORILY ADDRESSED PRIOR TO BUILDING PERMIT APPROVAL.
1. Provide written responses to all comments.
2. The fence that has been added to the landscape plan includes the required shrubs on the outside of the fence which is located at the right-of-way. However, the only required plant material that is permitted to be located in the public right-of-way are the street trees. All other plant material must be located on the project site, not in the public right-of-way. To achieve this, shift the fence inward on the property to provide sufficient planting and growing space between the property line and the outside face of the fence.
3. Remove the portion of the fence on the landscape plan that is shown to encroach onto the adjacent property.
4. As stated in previous DRC comment, balconies may encroach up to 5 feet in the required rear yard setback, pursuant to Table 155.9402.C, Allowable Required Yard Encroachments. The plans and elevations depict the maximum allowable encroachment of the balconies; however, the drawings also depict the first-floor covered patios encroaching 5 feet, which is not permitted. Only uncovered porches, decks, patios, terraces, and walkways are permitted to encroach into the rear setback, and they must be located at least by a distance equal to or greater than the uncovered structures height from the rear property line.
5. Add a dimension for the distance between the balconies and the rear property line, not less than 3 feet (5-foot encroachment into the required rear setback permitted by Table 155.9402.C).
6. The plans show steps up to the front doors of the units with no landing or platform at the top of the steps. Staff recommends adding a landing similar to a stoop, with a platform at the top to create a larger elevated area directly in front of the front doors.
7. Show the front steps/stoops on the building elevation drawings and first floor plan.
8. The following will be a condition of the Development Order: Provide a copy of the Final SCAD letter.
9. The following comment will be a condition of the Development Order: Section 155.5509: In all new development, all overhead utilities located on the development site and/or along the public right-of-way fronting the development site must be placed underground to the maximum extent practicable-provided that the Development Services Director can waive this requirement where the relevant utility company demonstrates that undergrounding will be detrimental to the overall safety and/or reliability of the circuit.
LANDSCAPING / URBAN FORESTRY
Plan Reviewer: Wade Collum | wade.collum@copbfl.com
Status: Authorized with Conditions.
1. Actual Tree survey does not match tree disposition plan, correct. Adjust the tree locations on the dipso to match their locations on the actual survey. There are conflicting documents that need to be checked out or deleted prior to DO issuance. Work with DRC intake person to correct per your direction.
2. Combine / Consolidate all the Sutton documents to one actual document at time of permit submittal.
3. The data table is unclear as to how it aligns with removals. May be adjusted due to Live Oak / Seagrape concern. Provide the dollar value for specimen trees, height on palms, and DBH of all non-specimen trees removed vs. the dollar value, palm height, and caliper of trees replaced.
4. Add additional street tree along NE 4th to meet the 1:40’ requirements,
5. Shift proposed shrubs along NE 4th onto the site and not in the ORW
6. As per 155.5204.E.1.b.i-iv; Mitigation is to be replacement trees above and beyond required plantings. Staff is unclear how this is being shown. Staff does not understand tree replacement chart, please remove as its not accurate. Provide mitigation dollars for tree #2 and palms, and provide caliper to dbh inches, inch for inch for tree #6.
7. As per 155.5203.B.5.a thru e: Provide a scaled Irrigation Plan illustrating a rust free, automatic underground irrigation system installed in accordance with requirements of the Building Code, include a rain-sensing cutoff device, providing 100% coverage with 50% overlap, and reuse water wherever practicable and available on site. Show in the ROW swales.
8. Bubbler symbols and callouts could not be located on the plan.
9. All tree work will require permitting by a registered Broward County Tree Trimmer.
10. Provide a comment response sheet as to specifically how comments have been addressed at time of resubmittal.
11. Additional comments may be rendered a time of resubmittal.
FIRE PREVENTION
Plan Reviewer: Jim Galloway | jim.galloway@copbfl.com
Status: Authorized with Conditions.
This P&Z application is able to meet all of the Fire Department requirements at this time for Site Plan Review. However, the petitioner shall maintain all proper fire department access and water supply requirements as per chapter 18 of NFPA 1 as amended from time to time.
*Additional comments may follow throughout the remainder of the permitting process. The buildings shall be in compliance with All NFPA Standards prior to receiving Fire Department approval.
ENGINEERING
Plan Reviewer: David McGirr | david.mcgirr@copbfl.com
Status: Authorized with Conditions.
The following comments must be addressed prior to the submission of these plans to the Building Division for formal plan review and permitting:
1. Submit / upload the (BCEPMGD) Broward County Environmental Protection and Growth Management Division Surface Water Management permit or exemption for the proposed paving and drainage shown on the civil engineering drawings.
2. Before the approval of the City Engineering Division, the City’s Planning and Zoning Division must approve these plans.
3. Before the approval of the City Engineering Division, the City’s Utilities Division must approve these plans.
4. Submit/upload the 2022 City Engineering standard details for the proposed off-site water, sewer connections, road restoration, paving, curbing, and sidewalks. These detailed drawings may be obtained in pdf format from the City’s website. https://www.pompanobeachfl.gov/government/engineering/standard-details
PLEASE PROVIDE A NARRATIVE RESPONSE TO THESE REVIEW COMMENTS (IF APPLICABLE), SEE MARKUPS (IF REFERENCED) AND CLEARLY SHOW CHANGES ON PLANS USING CLOUDED DETAILS AND DELTA REVISION MARKS AS NECESSARY.
**** Please note - additional review comments may be issued by the City Engineering Division throughout the remainder of the permitting process while the civil engineering plans are being finalized for this project. ****
UTILITIES
Plan Reviewer:
Status: Comments not available as of September 5, 2024.
BSO
Plan Reviewer: Deputy Anthony Russo | Anthony_Russo@sheriff.org <mailto:Anthony_Russo@sheriff.org> M-(561) 917-4556 (Call, Text & Email; No Voicemail) Tuesday - Friday; 8 AM - 3 PM
Status: Authorized with Conditions.
*** ATTENTION ***
Please Thoroughly Read & Initial All The Following Important Statements To Attest That The Security Plan Preparer/ Owner’s Agent Understands & Will Comply With All The Following Conditions:
A. *** CPTED / SECURITY CONSULTANT ***
The services of an independent, & highly experienced, qualified, & certified Security Crime Prevention/ CPTED Consultant are highly recommended to achieve & maintain objective credible security review integrity, & to expedite processing.
Initials _____
B. *** DISCLAIMER ***
SAFETY & SECURITY REVIEWS do not guarantee a crime will never occur; it is an effort to mitigate opportunities for crime & to help avoid any present & future security deficiencies, conflicts, threats, breaches, or liabilities that might occur without any review.
Initials _____
C. *** CPTED & SECURITY STRENGTHENING ***
CONDITIONS required for approval must each be included & described in detail on the narrative & drawing plans. Also, developer &/ or legal agent must initial each individual listed item declaring acknowledgement & compliance. ***
Initials _____
D. *** 155.2407.E.9., SITE PLAN REVIEW STANDARDS ***
“… COMPLIES WITH CRIME PREVENTION SECURITY STRENGTHENING & CPTED STANDARDS…”
THIS REQUIRES BOTH TO BE ADDRESSED FOR PLANNING & ZONING REVIEW & APPROVAL.
Initials _____
F. ***PLEASE NOTE***
When a Broward Sheriff’s Office CPTED Practitioner is required to assist in an inspection of the project during the Certificate of Completion &/or Certificate of Occupancy Application Phase, Security Strengthening & CPTED measures that have not been adequately addressed will still be required to ensure the safety & well-being of the employees, residents, tenants, visitors & all legitimate users of the site.
Initials_____
G. *** PRELIMINARY APPLICATION REVIEWS (PAM) ***
All comments made by the Broward Sheriff’s Office regarding your plan are preliminary only, as additional SECURITY STRENGTHENING & CPTED attributes may be required as development progresses.
Initials _____
H. *** ADDITIONAL PROJECT FEATURES AFFECTING CPTED/ SECURITY STRENGTHENING ***
Any project features that may affect the principles & goals of Security Strengthening & CPTED on any of the other plan sections should also be included in the CPTED/ Security Plans. An example would be if a perimeter fence blocks the goals of Natural Surveillance because it has opaque screening, then this must be included in the CPTED/ Security Plan section for review by the BSO Security Plan reviewer in the CPTED/ Security Plan section folder.
Initials _____
I. *** CPTED & SECURITY STRENGTHENING CONDITIONS REQUIRED FOR APPROVAL: ***
Note: if EITHER the SECURITY STRENGTHENING & CPTED Drawing OR Narrative Plans are a resubmittal, you may include ‘comment responses’ to conditions, but you must absolutely include your responses with details onto both the actual drawing & narrative plans, DO NOT JUST SAY “ACKNOWLEDGED.!” Clearly stating “WILL COMPLY,” with a detailed description of HOW it will comply is required.
Initials _____
J. *** LATE-NIGHT BUSINESS NOW OR LATER? YES ____ OR NO ____
Must indicate if there will be any late-night business operations planned for this property, or the option to have one in the future." Note that the municipal ordinance absolutely requires additional special conditions to be met for any late-night business, therefore all development projects, new & retrofit, must include the required conditions for a late-night business to legally open & operate. If a development project is authorized & completed without including all the late-night business safety & security conditions, it cannot open after the fact until all the required conditions are first met which may result in much more additional costly & disruptive retrofit construction alterations, etc. Opening any Late-Night Business without meeting the conditions in the law may also result in additional statutory penalties.
Initials _____
K. *** ATTENTION VERY IMPORTANT ***
Regarding your ORIGINAL PLAN responses, please place the following ADDITIONAL CONDITIONS on the ACTUAL SECURITY STRENGTHENING CPTED DRAWING SAFETY & SECURITY PLAN, NOT ONLY ON THE NARRATIVE. If necessary, use more than one page when uploading the plans into the drawing plan folder.
Initials ____
__________________________________________________________________________________________________________________________________________________________________________
CPTED (Crime Prevention Through Environmental Design) Authorized Practitioner Plan Preparer:
PRINT FULL NAME: ______________________
SIGN FULL NAME: _______________________
OWNER/ OWNER’S AGENT ACKNOWLEDGING UNDERSTANDING AND COMPLIANCE:
PRINT FULL NAME: ___________________
SIGN FULL NAME: ____________________
BUILDING DIVISION
Plan Reviewer: Todd Stricker | todd.stricker@copbfl.com
Status: Authorized with Conditions.
Advisory Comments
A preliminary examination of the documents has been performed; additional comments may apply when completed plans and/or specifications have been submitted for permitting to the building department.
Buildings shall comply with all local, state and federal codes in effect at time of application, including FEMA Floodplain, NPDES and HVHZ regulations.
FBC_BCA 105.2.3 Public service agencies/other approvals. The building official shall require that the laws, rules and regulations of any other regulatory AHJ, and where such laws, rules and regulations are applicable and are known to the building official, shall be satisfied before a permit shall be issued. The building official shall require such evidence, as in his or her opinion is reasonable, to show such other approvals.
City Ordinance 53.16(A)(1) Construction sites and construction activities. construction sites and operations shall be required to maintain during and after all construction, development excavation or alteration operations, structural and non-structural best management practices with the intent to reduce pollutants and sediment in stormwater runoff.
City Ordinance 152.06(A): If applicable, contractor shall provide temporary screened fence complying with City Ordinance 152.06(B) through 152.06(G).
FBC 3306.1 Pedestrians shall be protected during construction, remodeling and demolition activities as required by this Chapter and Table 3306.1. Signs shall be provided to direct pedestrian traffic.
City Ordinance 152.25(A) Site plans and construction documents, Information for development in areas with base flood elevations. The site plan or construction documents for any development subject to the requirements of the floodplain regulations shall be drawn to scale and shall include, as applicable to the proposed development all sections from: City Ordinance 152.25 (A)(1) thru City Ordinance 152.25 (A)(7). Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations if necessary for review of the proposed development, etc. residential buildings shall comply with City Ordinance 152.29(C)(1)(A).
FHA Title VIII of the Civil Rights Act of 1968, commonly known as the Fair Housing Act, prohibits discrimination in the sale, rental, and financing of dwellings based on race, color, religion, sex, and national origin. In 1988, Congress passed the Fair Housing Amendments Act. The Amendments expand coverage of Title VIII to prohibit discriminatory housing practices based on disability and familial status. Now it is unlawful to deny the rental or sale of a dwelling unit to a person because that person has a disability.
FBC A201.1 This code establishes standards for accessibility to places of public accommodation and commercial facilities by individuals with disabilities. All new or altered public buildings and facilities, private buildings and facilities, places of public accommodation and commercial facilities subject to this code shall comply with 2020 FBC Accessibility.
FBC A221.1.1 Florida vertical accessibility. Nothing in this code relieves the owner of any building, structure, or facility governed by this code from the duty to provide vertical accessibility to all levels above and below the occupiable grade level, regardless of whether the ADA standards for accessible design require an elevator to be installed in such building, structure or facility.
FBC A206.2.1 Site arrival points. At least one accessible route shall be provided within the site from accessible parking spaces complying with FBC A502 and accessible passenger loading zones complying with FBC A209; public streets and sidewalks; and public transportation stops to the accessible building or facility entrance they serve.
FBC_BCA 107.3.4.0.6 Compliance with the specific minimum requirements of this code shall not be in itself deemed sufficient to assure that a building or structure complies with all of the requirements of this code. it is the responsibility of the architect and/or engineer of record for the building, structure or facility to determine through rational analysis what design requirements are necessary to comply with 2020 FBC.
1. FBC_BCA 107.1 As per the building official, separate building applications will be required for erosion control, site work, temporary fences, monumental signage and miscellaneous site structures.
2. FBC 701.1 The enforcing agency will require that the provisions of this chapter, governing the materials, systems and assemblies used for structural fire resistance and fire-resistance-rated construction separation of adjacent spaces to safeguard against the spread of fire and smoke within a building and the spread of fire to or from buildings, comply with this section of the code.
3. FBC 703.2 Fire-resistance ratings. Where materials, systems or devices that have not been tested as part of a fire-resistance-rated assembly are incorporated into the building element, component or assembly, sufficient data shall be made available to the building official to show that the required fire-resistance rating is not reduced. Materials and methods of construction used to protect joints and penetrations in fire-resistance-rated building elements, components or assemblies shall not reduce the required fire-resistance rating.
4. FBC 1003.1 The enforcing agency will require that all general requirements specified in sections 1003 through 1013, applicable to all three elements of the means of egress system, in addition to those specific requirements for the exit access, the exit and the exit discharge, comply with this section of the code.
5. FBC 1029.1 In addition to the means of egress required by this chapter, provisions shall be made for emergency escape and rescue openings in Group R-2 Occupancies in accordance with Tables 1021.2(1) and 1021.2(2) and Group R-3 Occupancies. Basements and sleeping rooms below the fourth story above grade plane shall have at least one exterior emergency escape and rescue opening in accordance with this section.
6. FBC_BCA 107.1.1 The enforcing agency will require a life safety plan illustrating the floor area with proposed alterations with each room labeled. indicate construction type, fire rated walls, occupancy type: (current and proposed), occupancy load, means of egress, common path/travel distance/dead end corridor limits, accessibility accommodations including areas of refuge if applicable, emergency lighting, exits/exit signage, fire extinguishers, smoke alarms, fire suppression system and pull stations if applicable. Also provide tested design from accepted agency for rated walls and penetration details.
7. FBC_BCA 107.3.5.6 The enforcing agency will require product approvals be reviewed and approved by the building designer prior to submittal to verify that such products comply with the design specifications. Reviewed and approved product approvals shall then become part of the plans and/or specifications. Product approval shall be filed with the building official for review and approval prior to installation.
8. FBC_BCA 107.3.5.2 The enforcing agency will require that all shop drawings, (i.e. components attached to building structure, trusses/joists, window walls, railings, awnings, chutes…etc), necessary to show compliance with applicable codes; shall be approved by the architect or professional engineer and submitted to the building official prior to installation.
9. F.S. 481.221(2) The enforcing agency will require digital signature panel to be active on all documents submitted for review to authenticate the serial number matches the submitted ESA. F.A.C. 61g1-16.005 Each sheet is required to be digitally or electronically signed, and bear the impress seal of, an architect or engineer (FBC_BCA 107.3.4.0.1).
10. FBC_BCA 107.3.4.0.8 All plans and/or specifications prepared by an architect or an engineer pursuant to the requirements of this code shall be hand signed, dated and sealed.
11. FBC_BCA 110.10.1 The enforcing agency will require a special inspector for various components of the building as determined by the building official. Building dept. will require special inspector form be completed and submitted for approval.
12. FBC_BCA 110.7 For threshold buildings, shoring and associated formwork or false work shall be designed and inspected by an engineer, employed by the permit holder or subcontractor, prior to any required mandatory inspections by the threshold building inspector.
13. FBC 1512.3.1 The enforcing agency will require that all new roofing construction, including recovering and reroofing, repair or maintenance shall have A HVHZ uniform roofing permit application, as established by the authority having jurisdiction, completed and executed by a licensed contractor.
Fbc 1512.3.2 The uniform roofing permit shall include calculations in accordance With Chapter 16 (High-Velocity Hurricane Zones) of this code, unless the roofing assembly is less than the height/pressure threshold allowed in the applicable protocols herein.
14. FBC A208.2.3.3 Parking for guests, employees, and other non-residents. Where parking spaces are provided for persons other than residents, parking shall be provided in accordance with table 208.2.
15. If Applicable, FBC R802.1.7.1 [IRC R802.10.1] Truss design drawings, prepared in conformance with section R802.1.7.1, shall be provided to the building official and approved prior to installation.
16. FBC 3303.5 Water Accumulation. The enforcing agency will require provisions be made to prevent the accumulation of water or damage to any foundations on the premises or the adjoining property.
17. 1804.4 Site Grading. The ground immediately adjacent to the foundation shall be sloped away from the building at a slope of not less than one unit vertical in 20 units horizontal (5-percent slope) for a minimum distance of 10 feet measured perpendicular to the face of the wall. If physical obstructions or lot lines prohibit 10 feet of horizontal distance, a 5-percent slope shall be provided to an approved alternative method of diverting water away from the foundation. Swales used for this purpose shall be sloped a minimum of 2 percent where located within 10 feet of the building foundation. Impervious surfaces within 10 feet of the building foundation shall be sloped a minimum of 2 percent away from the building.
18. FBC_BCA 110.13.2.1 It shall be the joint responsibility of any owner of real property upon which construction is occurring, and any contractor responsible for said construction, to ensure that all road rights-of-way remain free at all times of all construction waste and trash resulting from such construction, and that all waste and trash resulting from the construction are contained on the real property upon which the construction occurs.
19. FBC_BCA 109.3 Building Permit Valuations. The applicant for a permit shall provide an estimated permit value at a time of application. Permit valuations, shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems.
20. FBC_BCA 110.8.5.4 All plans for the building which are required to be signed and sealed by the architect or engineer of record contain a statement that, to the best of the architect’s or engineer’s knowledge, the plans and specifications comply with the applicable minimum building codes and the applicable fire-safety standards as determined by the local authority in accordance with this section and chapter 633, Florida Statutes.
END OF COMMENTS.
PLEASE NOTE: Applications that require resubmission to the DRC have 45 days from the time of original DRC meeting in which to resubmit. Applications that fail to be resubmitted before the completion of these 45 days, or fail to receive a time extension from the Development Services Director, shall be considered withdrawn (§155.2304.B).