boardname
PLANNING AND ZONING BOARD
Meeting Date: SEPTEMBER 27, 2023
title
IMECA PLAT
projectinfo
Request: Plat
P&Z# 20-14000016
Owner: Cocchiola LLC
Project Location: 2429 NW 4th St
Folio Number: 484233040500, 484233040510, 484233040520
Land Use Designation: Low (5) Residential
Zoning District: B-2 (Community Business)
Commission District: 5 (Barry Moss)
Agent: Odalys C. Bello (305-251-9606)
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, Odalys Bello, of Bello & Bello Land Surveying Corp., is representing the owners of the property, Cocchiola, LLC. The Applicant is requesting approval of the Imeca Plat for the 0.54-acre undeveloped property located on the northwest corner of Powerline Road and NW 4th Street. The developer plans to build a retail-hardware store on the site. The subject property includes three parcels that will be accessed from NW 4th Street. The Plat combines the parcels into one Tract labeled “A” and restricts the property to a maximum of 9,200 square feet of Commercial use. A conceptual site plan has been provided along with this Plat submittal.
The land use designation of this parcel is split, with 0.48 acres of the subject property designated as Residential Low (L) and the balance designated Commercial (C). A Nonresidential Flex Allocation request was approved on March 23, 2021, which will allow commercial use on the residentially-designated Land Use portion. The Zoning for the property is B-2 (Community Business).
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 split Commercial and Residential Land Use designation with Flex Allocation to allow a commercial use in the Residential land use. The property is zoned B-2 (Community Business). The proposed Plat was reviewed by the DRC on October 20, 2021, and 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:
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.