HomeMy WebLinkAboutO-2001-017 ORDINANCE NO. 2001-017
AN ORDINANCE OF THE CITY OF DANIA BEACH FLORIDA,
PERTAINING TO THE ZONING APPENDIX OF THE CITY CODE OF
ORDINANCES; AMENDING THE ZONING APPENDIX BY AMENDING
ARTICLE VIII, ENTITLED "TELECOMMUNICATIONS TOWERS AND
ANTENNAS" BY AMENDING SECTION 33-308 OF THE CODE OF
ORDINANCES TO UPDATE THE NAMES OF THE INDUSTRIAL
ZONING DISTRICTS, AND TO PROVIDE FOR PLACEMENT OF
STEALTH ANTENNAS IN MULTI-FAMILY RESIDENTIAL ZONING
DISTRICTS, WITH SPACING REQUIREMENTS AND OTHER
REGULATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERANCE; FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Dania Beach recently enacted changes to its industrial zoning
districts, by creating the "Industrial Research Office Marine" or"IROM"category; and
WHEREAS, the City Commission desires to provide for the location of
telecommunications towers and antennas within the IROM zoning district; and
WHEREAS, the City Commission further desires to provide for the location and
additional regulation of stealth telecommunication antennas in multi-family residential zoning
districts by establishing a five hundred foot (500') setback from property zoned single family
residential and one thousand feet (1000') from other stealth antennas in multi-family districts;
and
WHEREAS, the City Commission finds that these Code revisions are consistent with the
City's Comprehensive Plan and further the public interest.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Dania Beach, Florida:
Section 1. That the Zoning Appendix, Article VIII, entitled "Telecommunications
Towers and Antennas,"of the City Code of Ordinances is amended to read as follows:
Sec. 33-308. Zoning districts,height and setback requirements, etc.
(1) Telecommunication towers and antennas shall be permitted on property owned, leased or
otherwise controlled by the city (referred to as city property), provided a license or lease
authorizing the antenna or tower has been approved by the city. Height and setback requirements
shall be those that are provided in any lease agreed to by the city. The city shall have no
obligation to execute a lease even if the applicant can meet all criteria contained in this article.
1 ORDINANCE NO. 2001-017
(2) Monopole towers and antennas and guyed or self-support/lattice towers shall be permitted as
a special exception, in the following zoning districts:
a (N4-1) Light district (IROM) Industrial Research Office Marine.
h (M-2) Medium Industrial District
b. (M-3) General Industrial District.
(3) Stealth towers or stealth rooftop and building mounted antennas shall be allowed as special
exceptions in the following zoning districts:
a. (C-4) Community Business.
b. (C-3) General Business.
c. (C-2) Commercial District.
d. (IRO) Industrial Research Office.
e. (IR) Restricted Industrial.
f. (IG) Industrial General.
g. B-3/M--.
• h. Nh 2, N—_.= 3,N4 4. Up to eight (8) stealth rooftop or building mounted antennas from
one provider shall be allowed as special exceptions in the R-M(1), R-M(2), R-M(3), and
R-3A Multi-Family zoning districts, subject to the following additional conditions: .
1. Such antennas shall be located at least five hundred (500) feet from any
property zoned for single family residential use.
2. Such antennas shall not be located closer than one thousand (1000) feet to any
other such antennas in an R-M(1), R-M(2), R-M(3), and R-3A Multi-Family
Zoning District.
3. The supporting equipment for such antennas must be located on the rooftop,
must be enclosed in an equipment shelter painted to blend in with the rooftop, and
must not extend more than nine (9) feet above the roofline.
4. Such antennas may only be placed on those structures at least sixty (60) feet or
six stories in height and with rooftops measuring at least five thousand (5000)
square feet in area.
5. Such antennas and the related equipment shall meet all applicable building and
safety codes.
i (RAT/RA41)Low w anll A Terli»m density A T alt;nle Family (stealth antennas only)
3 (RA42/RN43) Medium High and High density M ltiple Family (stealth antennas
�nTT
2 ORDINANCE NO. 2001-017
• (4) Stealth guyed towers and antennas shall be permitted as a special exception only in the
following zoning districts:
a. (C-4) Community Business.
b. (C-3) General Business.
C. (IRO) Industrial Research Office.
d. (IR) Restricted Industrial
e. (IG) Industrial General
f. B-3.
g. (IROM) Industrial Research Office Marine.
Section 2. That except as amended above, all other provisions of the Zoning
Appendix, Article VIII, of the Code of Ordinances of the City of Dania Beach, Florida, shall
remain in full force and effect.
Section 3. That all ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict with this ordinance are repealed to the extent of such conflict.
• Section 4. That if any section, clause, sentence or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this ordinance.
Section 5. That this ordinance shall be in force and take effect immediately upon its
passage and adoption.
PASSED on first reading on MAY 8, 2001.
PASSED AND ADOPTED on second reading on MAY 22, 2001.
APPRQ�E
PAT FFLURY
MAYOR-COMMISSIONER
S ROLL CALL:
COMMISSIONER BERTINO-NO
C ARLENE JolffWN COMMISSIONER MCELYEA-NO
ACTING CITY-CLERK COMMISSIONER MIKES- YES
VICE-MAYOR CHUNN-YES
MAYOR FLURY-YES
•
3 ORDINANCE NO. 2001-017
APPROVED AS TO FORM AND CORRECTNESS:
THOMAS . ANSB
CITY ATTORNEY
4 ORDINANCE NO. 2001-017
CITY OF DANIA BEACH
NOTICE OF PUBLIC HEARING
COURTESY NOTICE
A Public Hearing will be conducted by the City Commission to amend the City of Dania Beach's
Telecommunication Ordinance as follows:
TX-17-01 - Text change to allow Stealth Cellular/Internet Antennas in the following multi-family
zoning districts: R-M, R-M (1), R-M (2), R-M (3), and R-3A (Meadowbrook Condominiums are
currently zoned R-3A); and to provide spacing requirements between Stealth Cellular/Internet
Antennas in said multifamily districts; and to provide minimum setbacks from single family
residential districts for Stealth Cellular/Internet Antennas in said multifamily districts.
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO THE
ZONING APPENDIX OF THE CITY CODE OF ORDINANCES; AMENDING THE ZONING
APPENDIX BY AMENDING ARTICLE VIII, ENTITLED "TELECOMMUNICATIONS TOWERS
AND ANTENNAS" BY AMENDING SECTION 33-308 OF THE CODE OF ORDINANCES TO
UPDATE THE NAMES OF THE INDUSTRIAL ZONING DISTRICTS, AND TO PROVIDE FOR
PLACEMENT OF STEALTH ANTENNAS IN MULTI-FAMILY RESIDENTIAL ZONING
DISTRICTS, WITH SPACING REQUIREMENTS AND OTHER REGULATIONS; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
® Date: Tuesday, May 22, 2001
Time: 7:30 p.m., or as soon thereafter as possible
Place: City Commission Room
Dania Beach Administrative Center
100 West Dania Beach Blvd.
Dania Beach, Florida 33004
For information about the proposed amendment, contact the City's Growth Management
Department, 100 West Dania Beach Blvd., Dania Beach, Florida, (954) 924-3645 between the
hours of 8:00 a.m. and 4:00 p.m., Monday - Friday. Interested parties may appear at the
public hearing and be heard with respect to the public hearing.
In accordance with the Americans With Disabilities Act, persons needing assistance to
participate in any of these proceedings should contact Sheryl Chapman, Administrative
Services Director, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3630, at least
72 hours prior to meeting.
Any person who decides to appeal any decision made by the Planning and Zoning Advisory
Board with regard to any matter considered at this meeting or hearing will need a record of the
proceedings and for such purpose may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal
is to based.
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BRo: MONDAY,MAY 14,2oo1.The Herald DB
fWYOF DAN1�4 B y CH
r NOTICE�OF PUBLIC H EAEARING
A Public Hearing will be conducted by the City Commission to amend
.-the:City of Dania Beach's Telecommunication Ordinance as follows: m,,
17-01 Text change to allow.Stealth Cellular/Internet_Antennas o
in the following`multi-familyzoning°districts: R-M R M (1),-'R M.-(2); "w
� -
a _and ,R-3A'•(Meadowbrook".Condominiums are currently;,'.
zoned R=3A), and to provide spacing requirements between Stealth
�bellulamriternet Antennas in saidmultifamily districts, and to provide.' aY
1
minimum setbacks from single family residential districts for StealthrW
Cellular/Internet Antennas in said multifamily districts
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,AN ,ORDINANCE OF THE CITY OF VAN IA -BEACH,_,FLORIDA, . �
PERTAINING,T6,,, HE-ZONING APPENDIX OF'THE CITY-'CODE;& :
bF'ORDINANCES;, AMENDING' THE.ZONING APPENDIX''`BY ? t �i
=AMENDING ARTICLE VI(I.'ENTITLED "TELECOMMUNICATIONS'
TOWERS'AND "ANTENNAS" BY rAYENDING- SECTION 33-308 OF:9
THE GODE DF ORDINANCES TO UPDATE :THE:NAMES_.OF TH.E � �s
` , 1NDUSTRIAt.'{ZONING ;DISTRICTS AND TO rEof
ROVIDE FOR
® *PLACEMEN7OF,[ STEALTH ANTENNAS jN ..MULTI-FAMILY 3`'
RES-I.DENTIAL ` ZONING DISTRICTS . 1NfTH: ASP CING i �
`REQUIREMENTS.AND OTHER REGULATIONS; PROVIDING'FOR "'
'CONFLICTS :PROVIDING FOR - :SEVERANCE, FURTHER, ;i
PROVIDING FOR AN EFFECTIVE DATE
Date �Tues y, nnay r22,2001
4
/
Time 7 30 p.m.,tor,as..soon thereafter as possible
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Placer City<Commission Room
�pania Beach Aaministrdtion Center�J-,''
-100 West Dania:Beach Blvd. -- - .
Danla Beach, Florida 33004
`{,. '_.i' xh : �rf
For;information about:the,,proposed :amendment; contact'txh�e City s» �.
Growth Managemeipt,',Department, �100 tWest Dania Beach Blvd.;
Dania Beach, Florida; , 924.3645 between the, hours of8:00 .
a.m. and 400 p m ,;Monday , Friday.`Interested parties may.appear ; b,
at the public hearing and be,hear'd with respect to the..public hearing
In accordancevinth the Americans }with Disabilities Act,;per
:,.needing f
.needing assistance:to participate.in,any of these proceedings
:should _� r-
contact,Sheryl Chapman,�:Administrative Services Director, 100 W .a1: b
Dania Beach Blvd ;}Dania` Beachy FL`33004. (954) 924-3630, at least
72�hours prior to�,meeting '
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1 K'WA,•�A r'f"i to - '' t y
An erso " rho . ecides�#o a )peal any rdecision made by the'IA 1j`
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�Plannmg a d o mq�Ad isorr� Board with regard to any matter-.,�,
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sidre is eeti �or : earirhg will,need a record of the i 5
, pro,ce .ed�ngsr ort,th,per rosemaneed;.to ensure -that a a
verbafim trecor the.proceedings:�s rn de,'.which''record includes t
AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO.
_!J3
1. DATE OF COMMISSION MEETING: 05/22/01
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING — PROPOSED "STEALTH
ANTENNA" AMENDMENTS TO TELECOMMUNICATION ORDINANCE.
3. COMMISSION ACTION BEING REQUESTED: FINAL ADOPTION OF ORDINANCE
4. SUMMARY EXPLANATION &BACKGROUND:
See staff report
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff report
Draft Ordinance
Courtesy Notice
Public Hearing Notice
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
® 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Submitted by:
Laurence G. Leeds,AICP, Director Date May 15, 2001
Growth Management Department
City Manager Date
® GROWTH MANAGEMENT DEPARTMENT
INTEROFFICE MEMO
TO: Jason Nunemaker, City Manager
C. G
FROM: Laurence Leeds, AICP, Director
Growth Management Department
SUBJECT: Proposed Amendments to Telecommunication Ordinance
DATE: May 16, 2001 City Commission Meeting (Second Reading)
CURRENT ZONING CODE REGULATIONS — CELLULAR STEALTH ANTENNAS
Stealth antennas are currently prohibited in all single family residential districts.
There is no plan or proposal to change this in any way.
Stealth antennas have been regulated as special exception uses in the following
zoning districts (Special exception review requires case-by-case Commission review
of each stealth antenna request):
1) Apartments and Condominiums zoned R-M, RM-1, RM-2, and R-M 3.
® 2) Business and Commercial Uses zoned C-2, C-3, C-4, and B-3.
3) Industrial Uses zoned IRO, IR, IG, and IROM.
Meadowbrook Condominium is currently zoned R-3A. The Zoning Code does not
list R-3A as a zoning district that permits stealth antenna. As such, stealth
antennas are currently not permitted in Meadowbrook. The Zoning Code does
permit stealth antennas as special exceptions in all other Dania Beach multi-family
zoning districts.
BACKGROUND
In July 2000, VoiceStream Wireless submitted a special exception application to
locate a "stealth antenna" on top of Meadowbrook Condominium "B". Condo "B",
like the rest of Meadowbrook, is zoned R-3A Multifamily Residential. Meadowbrook
Condominium is the only location in the City of Dania Beach having the R-3A zoning
designation.
The Zoning Code identifies zoning districts that permit stealth cellular antenna. R-
3A zoning is not included in this list. As such, staff denied the special exception
application.
VoiceStream appealed staff's determination at the September 26, 2000 City
Commission meeting. The City Commission upheld staff's determination, ruling that
stealth antennas are not permitted as a special exception use in R-3A zoning
districts.
The City Commission reconsidered their September 26 decision on October 24,
2000, instructing staff to prepare a zoning "text amendment" regulating stealth
antennas in multi-family districts. In addition to including Meadowbrook in the list of
condominiums that now permit stealth antennas, the Commission specifically
requested "new language" addressing minimum separation between antennas,
minimum building height, and single-family setback requirements.
The City Commission reconsidered this issue on February 6, 2001, again directing
staff to prepare a "text amendment" regulating stealth antennas in multifamily
districts, including Meadowbrook. The City Commission again directed staff to
include new language addressing the following issues in all multi-family zoning
districts.
1) Minimum distance separation between antennas in multi-family districts.
2) Minimum antenna setback from single-family residential zoning districts.
3) Minimum building height required in order to install an antenna on the roof.
4) Stealth antennas to be allowed only as a special exception use.
A copy of the draft ordinance is attached.
PLANNING AND ZONING ADVISORY BOARD
r
The Planning and Zoning Advisory Board voted on March 21, 2001 to recommend
denial of the text change.
CITY COMMISSION ACTION (FIRST READING)
The City Commission voted on April 24, 2001 to approve the text change.
April 2001
TO: The Honorable Members of The Dania Beach City Council
RIE: Discussion of proposed Stealth Antenna at Meadowbrook Lakes View Phase IV
This letter speaks for many Dania Beach voting residents.
As year round residents of Meadowbrook Lakes View Phase IV, We strongly support
and approve the installation of the Stealth Antenna at this time and at this site.
We support this for the following reasons:
✓ It could improve personal safety and well being by eliminating cell phone
'dead zone' for anyone attempting an emergency call
✓ Antenna income will reduce the need for financial assessments of residents to
maintain and repair the aging infrastructure of Meadowbrook Lakes View
Phase IV
✓ Antenna income will reduce undue financial burden on residents with a fixed
income
✓ Antenna company plans to contribute to the beautification of Dania Beach
In addition:
✓ It is not an ugly tower type antenna
✓ It does not pose any short or long term health concerns any more than a TV
remote control,cordless phone, or microwave oven(if it does...where's the
proof?)
✓ Petitioners living over 2 miles away should NOT have any influence in living
conditions at Meadow Brooks Lakes View Phase IV
o those same petitioners co-exist with antennas that are within a few feet of
their property
Approval of this antenna will demonstrate to the citizens of Dania Beach that its City
Council uses only pertinent facts and are not influenced by egocentric emotional out-
cries to make decisions
This is an opportunity to let the Community of Voters in Dania Beach know that its
City Council makes Decisions that are thoughtful and progressive while keeping the
best interests of its citizens at heart.
April 2001
TO: The Honorable Members of The Dania Beach City Council
RE: Discussion of proposed Stealth Antenna at Meadowbrook Lakes View Phase IV
This letter speaks for many Dania Beach voting residents.
As year round residents of Meadowbrook Lakes View Phase IV, We strongly support
and approve the installation of the Stealth Antenna at this time and at this site.
We support this for the following reasons:
✓ It could improve personal safety and well being by eliminating cell phone
'dead zone' for anyone attempting an emergency call
✓ Antenna income will reduce the need for financial assessments of residents to
maintain and repair the aging infrastructure of Meadowbrook Lakes View
Phase IV
✓ Antenna income will reduce undue financial burden on residents with a fixed
income
✓ Antenna company plans to contribute to the beautification of Dania Beach
• In addition:
✓ It is not an ugly tower type antenna
✓ It does not pose any short or long term health concerns any more than a TV
remote control,cordless phone,or microwave oven(if it does...where's the
proof?)
✓ Petitioners living over 2 miles away should NOT have any influence in living
conditions at Meadow Brooks Lakes View Phase IV
o those same petitioners co-exist with antennas that are within a few feet of
their property
Approval of this antenna will demonstrate to the citizens of Dania Beach that its City
Council uses only pertinent facts and are not influenced by egocentric emotional out-
cries to make decisions
This is an opportunity to let the Community of[voters in Dania Beach know that its
City Council makes Decisions that are thoughtful and progressive while keeping the
best interests of its citizens at heart.
P.
i