boardname
PLANNING AND ZONING BOARD
Meeting Date: APRIL 26, 2023
title
GIGI’S PLAT
projectinfo
Request: PLAT
P&Z# 22-14000003
Owner: AASEA8, LLC
Project Location: 1665 NW 15th Avenue
Folio Number: 484227000501 484227000508
Land Use Designation: LM (Low-Medium 5-10 DU/AC)
Zoning District: RM-12 (Multiple-Family Residence-12)
Commission District: 4 (Beverly Perkins)
Agent: Tara-Lynn Patton (561-337-0878)
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 applicant is requesting plat approval for “Gigi’s Plat”. The property is located on the northwest corner of NW 15th Court and Andrews Avenue Extension. The agent Tara-Lynn Patton of Planning and Entitlements, Inc. is representing the owner of the property, AASEA8, LLC. The existing site is vacant. The proposed plat note restricts the plat to 23 garden apartments. The subject property is 2.6 gross acres and has never been platted. The land use designation for the property is Low-Medium Residential (5-10 du/ac) and the Zoning is RM-12 (Multi-Family Residence). The main entrance for the project is on NW 15th Court and the Plat shows a right turn-only access that connects with NW 15th Avenue.
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 platting requirement 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 has a Land Use designation of Low-Medium Residential (5-10 du/ac) and the Zoning is RM-12 (Multi-Family Residence); therefore the maximum density for the property would allow the requested 23 proposed multi-family units. The proposed Plat was reviewed by the DRC on April 6, 2022, where the Engineering and Development Services Departments had a comment regarding the need for dedication of right-of-way. As a result the Applicant ultimately was required to dedicate 30 feet of right-of-way for NW 15th Court, and provide an additional 14 feet for the purposes of ingress and egress. In addition, the Engineering Department required that 10-foot utility easement along the west side of the property. The Applicant has shown this dedication and easement on the proposed plat. With the conditions of the DRC met, the request is found to be in compliance with the City’s Land Development Regulations. Several of the County Development Review Report (DRR) recommendations, however, still must be addressed. The DRR staff recommended approval with the following conditions:
1. The following two notes must be placed on the face of the Plat: Concurrency/impact fees for the construction, expansion, and/or conversion of a building within this plat shall be paid on the date of building permit issuance.
2. The following additional note must be placed on the face of the Plat: Any structure within this plat must comply with Section 2.1.f Development Review Requirements, of the Broward County Land Use Plan, regarding hazards to air navigation.
Staff has added recommended conditions, including addressing the requirements of the DRR, that must be complied with prior to this Plat being scheduled for City Commission consideration.
Once these conditions are met, the Plat will meet all applicable Development Standards in Part 7 of Article 5 and in the County’s DRR Report.
Staff 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. On Plat page 2 of 3 replace the name of the City Clerk from Asceleta Hammond to Kervin Alfred.
3. All conditions stated in the Broward County DRR must be addressed on the Plat.
4. The applicant must submit a Title Opinion less than 6 months old and must be addressed to the City.