boardname
PLANNING AND ZONING BOARD
Meeting Date: OCTOBER 26, 2022
title
WILFERZ PLAT
projectinfo
Request: Plat the Property for a Future Industrial Warehouse Development
P&Z# 22-14000007
Owner: Celu Development, LLC
Project Location: W. McNab Rd
Folio Number: 494203000521
Land Use Designation: Industrial
Zoning District: I-1 (Industrial)
Commission District: 5 (Cyndy Floyd)
Agent: Paola West (954-529-9417)
Project Planner: Maggie Barszewski (954-786-7921 / maggie.barszewski@copbfl.com)
otherinfo
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, Paola West of PlanW3st, LLC, representing the owners of the property, Celu Developments, LLC, is requesting approval of the Wilferz Plat for the 1.3 acre undeveloped property located on the north side of McNab Road, west of the CSX rail corridor. The Plat restricts the property to a maximum of 35,000 square feet of industrial use. The Applicant intends to construct a 20,511 square foot industrial warehouse. A conceptual site plan has been provided along with this Plat submittal.
The land use designation of this parcel is Industrial and the Zoning is I-1. The current land use and zoning allows for 65% lot coverage and 45’ in height, which would allow far more square footage than proposed by this plat; therefore the property will accommodate the proposed level of development.
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.
To meet the adequate access requirements in number 5, above, the applicant must amend and rerecord the Access Agreement noted on the Plat. The Access is located along the eastern boundary of the subject property. The Access Agreement covers the half of the property being platted. This Access instrument currently constitutes a private agreement between the owners of both properties. Section 155.2401.D of the Code requires that all referenced access agreements include the approval of the Development Services Director prior to any amendments to such agreements. The inclusion of the City as a party to this agreement will ensure that the access for the property will continue to meet Code requirements.
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 an Industrial (I) Land Use designation and an I-1 (General Industrial) Zoning designation. The proposed Plat was reviewed by the DRC on August 3, 2022, and found to be in compliance with the City’s Land Development Regulations, as long as the applicant records an amendment to the Access Agreement cited on the Plat to include the Director of Development Services approval of any future changes to the agreement. 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:
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 Ingress/Egress Easement Agreement cited on this Plat must be amended to include the following language: “This Easement shall not be modified, amended, terminated or released, except with the approval of the Director of Development Services.” Proof of the amendment-recordation submittal must be provided prior to City Commission.