boardname
PLANNING AND ZONING BOARD
Meeting Date: DECEMBER 21, 2022
title
2606 PALM AIRE PLAT
projectinfo
Request: Plat
P&Z# 22-14000010
Owner: 2600 Palm Aire, LLC
Project Location: 2606 Palm Aire Drive North
Folio Number: 49420400145
Land Use Designation: Dashed Line
Zoning District: RM-45 (Multiple-Family Residence-45)
Commission District: 5 (Barry Moss)
Agent: Jeff S. Hodapp (561-241-9988)
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 the “2606 Palm Aire” Plat. The currently vacant property is located on North Palm Aire Drive approximately 400 feet west of South Powerline Road. The agent Tracy Lautenschlager, P.A. of Greenberg Traurig Law is representing the owner of the property, 2600 Palm Aire, LLC. The subject 2.22 acre parcel is a re-plat of a portion of Tract A on “The World of Palm Aire Plat No. 1” combined with previously un-platted property. The Plat is restricted to the 99 mid-rise apartment units. The subject property is in the Palm Aire Dashed Line land use designation and the Zoning is RM-45 (Multi-Family Residence). There are no unbuilt units remaining in the Palm Aire Dashed Line area so the City Commission allocated 99 flex units for this project (Resolution 2018-104), which was extended to be valid through to August 28, 2024. A conceptual Site Plan was submitted with this Plat and that site plan is currently being reviewed by the Development Review Committee (DRC).
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 is within Palm Aire which has a Land Use designation of Dashed Line (10,631 units) and the Zoning is RM-45 (Multi-Family Residence); therefore the maximum density for the property is the proposed 99 units. The applicant must successfully receive a building permit approval prior to the expiration of the Flex Units (August 28, 2024). The proposed Plat was reviewed by the DRC on September 7, 2022, and was found to be in compliance with 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.
Staff Recommendation:
The 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. The applicant must submit a Title Opinion less than 6 months old and must be addressed to the City.