Alex Dambach, AICP

Planning Supervisor

Lauren Pruss, AICP

Assistant Director, Community and Economic Development

Peter Schwarz, AICP

Director, Community and Economic Development

Case #CD21-25P “Henza Plat” An application by Henza Development, LLC requesting approval for a plat to create four single-family residential lots and a private street in the R-1, Single Family Residential District generally located in the 2600 block of NW 19 Avenue, Oakland Park, Florida 33311 

Issue Statement: Henza Development, LLC requests plat approval to create four single-family residential lots and a private street in the R-1, Single Family Residential District, generally located in the 2600 block of NW 19 Avenue. A site development plan for construction of dwellings on the proposed lots has been reviewed by the Development Review Committee, and has been conditionally approved subject to Commission approval of this plat.

Recommended Action: The City Commission consider this request for plat approval to create four single-family residential lots and a private street in the R-1, Single Family Residential District generally located in the 2600 block of NW 19 Avenue.

Property Description: The property to be subdivided is located on the east side of NW 19 Avenue, in the Lakeside neighborhood abutting the city limits with Fort Lauderdale (adjacent to Osswald Park to the south). The 37,678 net square foot rectangular parcel has been previously platted as Lot 9, Block 2 of the "Gedeon Subdivision" Plat, and it has 127.78 feet of frontage along NW 19 Avenue with no other street frontages.   Replatting is required to subdivide the larger parcel into four single family parcels. 

Neighborhood Participation Meeting: The Neighborhood Participation Meeting was held on October 13, 2021 in accordance with the requirements of Section 24-163(E) of the Land Development Code.

Planning and Zoning Board Public Hearing:  At the Planning and Zoning Board’s meeting of January 10, 2022, the proposed plat application was presented at a public hearing. Staff made a presentation to the Planning and Zoning Board, describing the project in relation to the City’s Code of Ordinances.

The following Zoom attendees made public comments:

• Jack Doren, a resident of Oakland Park, inquired about the resolution of tandem parking addressed during DRC review.
• Carlene Golphine, a resident of Oakland Park, inquired about the comment during DRC review regarding the Homeowner’s Association maintenance of the street.

The following attendees in-person made public comments:

• Carmen Booker, a representative of the Grace of Eternal Ministry Church, located across the street from the site, attended the meeting in person to gather more information on the project.

The Board discussed the item after hearing the comments. Staff clarified that the item is a proposal to plat the property- the technical way to subdivide property- for four single-family homes only. 

Vice Chair Peterson referenced Mr. Doren’s inquiry about tandem parking, to which staff explained there had been a design adjustment for side-by-side parking instead of the initially proposed tandem parking. She also asked about the maintenance of the private road and inquired about HOA documentation. Staff stated there will be management by an HOA and documentation would be submitted to the City for review as it is drafted.

Member Fischer asked about the overall tone of the neighborhood participation meeting. Vice Chair Peterson commented that she attended the neighborhood participation meeting for the project and the tone was very positive.

Chair Rivelli inquired if the aesthetics of the proposed project would match those of another recently approved project of nine single family homes nearby. The applicant said the projects have different architects, and the proposed four single-family houses will have more modern architectural features compared to the nine single family homes proposed nearby.

The Planning and Zoning Board took an action by a vote of 3-0 to recommend approval to the City Commission of the application for plat approval to create four single-family residential lots and a private street in the R-1, Single Family Residential District generally located in the 2600 block of NW 19 Avenue.

Proposed Project:   The proposed project is to construct four (4) single family homes along with a parcel to contain a private street for access to these lots.  The proposed roadway would extend east from NW 19 Avenue, with a 40-foot-wide private right-of-way, accessing the four north-facing, single-family residential lots. Between the third and fourth lot, a 25-foot-long T-turn-around spur is proposed.

Each residential lot is proposed to have more than 67 feet of frontage and range in area from 6,018 to 6,750 square feet. This property is in the R-1, Single Family Residential District, and the proposed lot configurations comply with R-1 zoning requirements. Water and sewer service would extend along the proposed private roadway from NW 19 Avenue to each lot including interior fire sprinkler service for each residence. Electrical utilities would also extend underground from NW 19 Avenue to each lot. A private road would be maintained by the property owners.

Site development plan review is complete through the Development Review Committee for the proposed construction of the four single-family dwellings. The Development Review Committee approved the plat.

The subject property has a Comprehensive Plan Future Land Use Map (FLUM) designation of Low-Density Residential. The proposed request is consistent with the underlying FLUM designation.  

Platting is required by Broward County to set the property boundaries, address potential impacts expected by the county, and to set parameters for possible development through a Plat Note, which would restrict the site to four single-family units. Because this site does not border any County roadways or trafficways, no land dedications for transportation purposes or vehicle access restrictions are required.

Findings:

The City of Oakland Park and Broward County require platting for the proposed subdivision of lots at the site. The proposed plat requires review and approval from Broward County and is to be subject to its Development Review Report, which will be provided to the City. The Development Review Committee (DRC) reviews the site plan to ensure the development adheres to specific site configuration details required by the Land Development Code.

• Neighborhood Participation requirements have been satisfied for this application.
• The Development Review Committee reviewed and approved the plat in accordance with Section 24-164 and is continuing its review of the proposed site plan associated with the property that will be approved prior to issuance of building permits.
• The City Commission has final municipal approval authority of the Plat application. 
• The proposed lots comply with the requirements of the Land Development Code.

Applicable Code Sections:

Sec. 24-188. Applicability and definitions.

(A)     Applicability. All requirements of this article pertaining to subdivisions and plats shall also be applicable to recorded resubdivisions and replats, unless exempted or waived in this article.

(C)     Platting required. An approved plat shall be filed and recorded in the public records of Broward County, Florida, in the following instances:

            (1)     Any subdivision of land; or

            (2)     Any resubdivision of land; or

            (3)     Prior to the issuance of a building permit for construction of a principal building upon unplatted land, or land platted prior to June 4, 1953, except as provided for in (D), (E) and (F) below.

(D)     Exemptions to platting requirement. A recorded plat or re-plat is not required in the following instances providing all right-of-way required under Article VII, Street, Sidewalk and Subdivision Standards, is conveyed by deed:

            (1)     Construction of one (1) single-family dwelling home or duplex unit on a lot or parcel of record as of March 1, 1989; or

            (2)     Construction of a multifamily dwelling or nonresidential building on a specifically delineated lot or parcel less than five (5) acres in size on a plat recorded on or before June 4, 1953. This includes specifically delineated lots, platted prior to June 4, 1953, which are combined to form a larger parcel, as long as the enlarged parcel is less than five (5) acres.

            (3)     Resubdivision of property platted after June 4, 1953, other than provided for in (5) below. However an application for a replat with waiver of recording must be filed with the community development department.

            (4)     Construction of a multifamily dwelling or nonresidential building on a lot or parcel specifically delineated on a plat recorded on or before June 4, 1953, when such lot is combined with other platted property not specifically delineated, or with vacated rights-of-way or with unplatted property, provided the specifically delineated portion constitutes a majority of the enlarged lot or parcel, a principal building will not be located on any portion of unplatted property, and the enlarged parcel is less than five (5) acres. However, an application for a replat with waiver of recording must be filed with the community development department.

            (5)     Modification of lot lines of contiguous parcels where the original lots and modified lots are less than five (5) acres in size and where no additional building lots or parcels are created. However, an application for a modification of lot lines and unity of title must be filed with the community development department.

Sec. 24-189. General review procedures.

The following procedure shall apply to all plat applications for subdividing or resubdividing lands in the city:

(A)     Submission and processing of plats.

            (1)     Copies of preliminary plat: A subdivider seeking approval of a subdivision shall submit the number of copies of the preliminary plat specified in the application to the community development department. A copy of this preliminary plat shall then be referred to appropriate staff members and other agencies for review and comments.

            (2)     When considered by the planning and zoning board: The community development department shall report the recommendations of the development review committee to the planning and zoning board together with an analysis of the conformance and nonconformance of the preliminary plat to Chapter 24, Land Development Code and other applicable laws, regulations and standards.

            (3)     Preliminary plat as final plat: If the preliminary plat and supporting data filed with the community development department comply in all respects with the requirements of Chapter 24, Land Development Code and other applicable laws, regulations and standards for a final plat, the planning and zoning board may, in the case of a subdivision involving no new streets, proceed to final action upon the first consideration of the plat.

            (4)     Fees: Fees are established in the Land Development Fee Schedule.

(B)     Approval of preliminary plat.

            (1)     Meetings, hearings: At a scheduled public meeting the planning and zoning board will receive reports on and review the preliminary plat to determine its conformance to these regulations. While no public hearing shall be required on the proposed plat unless a public right-of-way or easement is intended to be vacated, the subdivider and any other person interested in or affected by the proposed subdivision shall have a right to be heard by the planning and zoning board either in person or by letter, before the action of the planning and zoning board is taken. The planning and zoning board shall have the right to call for a public hearing if it deems the same advisable.

            (2)     Action by planning and zoning board: The planning and zoning board may approve the preliminary plat as presented if found to be in conformance with these regulations. The planning and zoning board may approve the preliminary plat with conditions if found to be in substantial conformance. The planning and zoning board may disapprove the plat when not found to be in conformance. Approval of the preliminary plat subject to conditions, revisions and modifications as stipulated by the planning and zoning board shall constitute conditional approval of the subdivision and the applicant may proceed to the final plat process.

            (3)     Optional city commission review: Prior to incurring the costs of preparing a final plat, an applicant may request to have the city commission review and take action on the preliminary plat by submitting a letter to the community development department and submitting the fee as specified in the land development fee schedule.

(D)     Approval of final plat.

            (1)     Submission to planning and zoning board: Within six (6) months after planning and zoning board approval on a preliminary plat, a final plat and necessary supporting data shall be submitted to the community development department for final approval; provided, however, that an extension of time may be granted by the community development department upon written request.

            (2)     Conformity to preliminary plat: The final plat shall conform in all important respects with the preliminary plat as previously reviewed and approved by the planning and zoning board and shall incorporate any modifications and revisions specified by the planning and zoning board in a conditional approval of the preliminary plat.

            (3)     When reviewed by the planning and zoning board: The board shall review the final plat at a scheduled public meeting.

The City Commission consider this request for plat approval to create four single-family residential lots and a private street in the R-1, Single Family Residential District generally located in the 2600 block of NW 19 Avenue.