HomeMy WebLinkAboutR-2000-113 RESOLUTION NO. 2000-113
A RESOLUTION OF THE CITY OF DANIA BEACH
FLORIDA, APPROVING THE ZONING APPEAL REQUEST
SUBMITTED BY ATTORNEY ALAN GABRIEL,
REPRESENTING NEXTEL SOUTH CORPORATION, FOR A
STEALTH ROOFTOP TELECOMMUNICATIONS FACILITY
PROPOSED TO BE LOCATED AT 3201 GRIFFIN RD.,
DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article 10.30 of Chapter 28 Zoning of the Code of Ordinances of the City of
Dania Beach, Florida, states that the City Commission shall hear and decide appeals where it is
alleged there is error in any order, requirement, decision or determination made by an
administrative official in the enforcement of this chapter; and
WHEREAS, Attorney Alan Gabriel, representing Nextel South Corporation, property located
3201 Griffin Rd., has requested a zoning appeal from the decision of Growth Management Director
® on June 28, 2000, where it was determined that a Stealth Rooftop Communications Facility is not
permitted in the Broward County B-2 Zoning District.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DANIA BEACH, FLORIDA:
Section 1. That that certain application letter dated June 28, 2000 (ZA-006-00) for a zoning
appeal request, a copy of which is attached and made a part of this Resolution as Exhibit "A", is
approved.
Section 2. That all resolutions or parts of resolutions in conflict with this resolution are
repealed to the extent of such conflict.
Section 3. That this resolution shall be in force and take effect immediately upon its
passage and adoption.
r-za-006-00 nexteu.doc 1 RESOLUTION NO. 2000-113
PASSED AND ADOPTED THIS 25T" DAY OF JULY, 2000.
C.K. M'CELYLZA
MAYOR - COMMISSIONER
ATTEST: ROLL CALL:
MAYOR MCELYEA - NO
VICE-MAYOR BERTINO- YES
SHERYL!CHAPMAN COMMISSIONER CALI - YES
ACTING CITY CLERK COMMISSIONER ETLING - YES
COMMISSIONER MIKES- NO
APPROVED AS TO FO AND CORRECTNESS:
BY:
THQ Ate. ANSf3Rb
CITY ATTORNEY
r-za-006-00 nextell.doc 2 RESOLUTION NO. 2000-113
/15
STAFF REPORT
GROWTH MANAGEMENT DEPARTMENT
TO: Michael Smith, City Manager
FROM: Laurence Leeds, AICP, Director
Growth Management
RE: Appeal from the Decision of the Growth Management Director that
a Stealth Rooftop Communications Facility is not permitted in the
Broward County B-2 Zoning District
LOCATION: Four story office building located at the northwest corner of Griffin
Road and SW 32"d Avenue
DATE: July 25, 2000 City Commission Meeting
APPLICANT: Alan Gabriel for Nextell, Inc.
The applicant wishes to place stealth rooftop telecommunications antennas on the roof
• of a four story office building zoned Broward County B-2 (Commercial).
The Zoning Code states that "Stealth cell towers or stealth rooftop and building mounted
antennas" shall be allowed as special exception uses in the following zoning districts:
Dania Beach RM (Multi-family) Districts with conditions; Dania Beach C-4, C-3, C-2,
IRO, IR, and IG Districts; and Broward County B-3, M-1, M-2, M-3, and M-4.
Conspicuously absent from the list is Broward County B-2. Broward County B-2 is the
predominant commercial zoning district in the annexation area along both sides of the
Griffin Road.
In any event, staff cannot accept or process the special exception application since the
B-2 District is not on the list of zoning districts that allow a stealth antenna.
Attached is a memo from City Attorney and letter from applicant referencing 1994
correspondence from Broward County (also attached). The 1994 correspondence
states that "cell telephone service is a public utility and essential service".
Staff's current position is that cell phone service is not an essential service. If cell
phone service were determined to be an essential service, cell phone facilities would be
permitted as a special exception use in every single-family residential zoning district in
Dania,Beach. This is currently not the case.
1 OF 2
Staff strongly opposes any action that could allow stealth antennas as special exception
uses in single family residential districts. For this reason also, staff recommends
against granting the appeal.
STAFF RECOMMENDATION
Denial.
If the City Commission grants the appeal, staff requests clarification from the City
Attorney as to the processing of future stealth applications in B-2 or single family
districts.
20F2
Weiss Serota Helfman
Pastoriza & Guedes, P.A.
UMV Uu
U PJ -000
To: Thomas J. Ansbro
// C: Larry Leeds, Growth Management Dir.
From: Nancy E. Stroud
Date: June 7, 2000
Re: Proposed Nextel Antenna at 3201 Griffin Road
I have reviewed the applicable land development regulations for this location at your
® request in order to determine if the proposed stealth rooftop telecommunications
facility could be permitted at this location. The location is in an area that was
annexed from Broward County to the City of Dania Beach in 1991, pursuant to an
interlocal agreement between the City and the County effectuating chapter 90-483,
Laws of Florida. The applicable zoning code is the Broward County zoning code at
the time of the annexation, and the County zoning district for this property is B-2.
See Article 26, Ch. 28 "Zoning", Code of Ordinances of the City of Dania. I can find
no support for the theory advanced by the applicant's attorney, i.e., that the later
adopted.County Wireless Communications Facilities Ordinance (#1998-35) applies
to this property.
The County B-2 zone does not list telecommunication facilities as one of the
permitted or conditional uses within the zone. In contrast, the M-2 zone specifically
lists this type of facility as permitted. As a result, based on the information available
to me, my reading of the City Code would not permit this facility at this location.
Nextel's representative, Mr. Alan Gabriel asserts that the Broward County Board of
Adjustment in the past has interpreted telecommunication facilities as permitted in
all county zoning districts, because they were deemed to be "essential services" in
the nature of a public utility. If that interpretation has been made by the County in
regard to the ordinance applicable in 1991, this could provide support for a City
1
June 7, 2000
decision to allow the stealth rooftop facility in this district. The County's
interpretation of its own code would be very persuasive in this regard. I have not
been presented with any documentation that evidences this interpretation.
As we discussed, Mr. Leeds may determine that the current zoning does not
authorize the use, but the applicant could appeal that determination directly to the
City Commission pursuant to Sec. 10.30, Ch. 28 "Zoning." The County Board of
Adjustment interpretation could be submitted to the City Commission for its
consideration as a part of that appeal. If the Commission concurs with the
applicant's position, the applicant could proceed directly to pursue the otherwise
applicable avenues for approval.
2
® LAW OFFICES
o -
ALAN L. GABRIEL [ JUN 2 8
INTERNATIONAL BUILDING*PENTHOUSE EAST
2455 EAST SUNRISE BOULEVARD
FORT LAUDERDALE,FLORIDA 33304-3119
ALAN L.GABRIEL TELEPHONE(954)561-2230
SORAYA HEVIA KASPER FACSIMILE (954)561-7489
DAVID L.WILENS E-MAIL agabriel24@aol.com
VIA HAND DELIVERY i
June 28, 2000
Larry Leeds, Director
Growth Management Department
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Re: Appeal of Determination Regarding Zoning Related to Proposed Stealth Rooftop
Telecommunications Facility, Sought by Nextel South Corp. at 3201 Griffin Road
Dear Mr. Leeds:
As you know, this office represents Nextel South Corp. d/b/a Nextel Communications
® regarding its desire to construct a stealth rooftop telecommunications facility on the
four story commercial building located at 3201 Griffin Road (stealth antennas to be
located on the roof; equipment shelter to be located on the ground adjacent to the
building): My correspondence to you dated April 7, 2000, and April 12,'2000, with
attachments, described in detail the nature of the facility sought and provided you with
our legal and practical arguments as to why the building's existing zoning should be
deemed to permit the proposed use subject to the special exception approval process.
Based upon recent communications, I understand that you have determined that the
present applicable zoning of the subject building, (Broward County B-2) does not
technically permit the proposed use (even subject to special exception approval).
Please consider this letter as Nextel's formal application to appeal your decision to the
City Commission per applicable City procedures. In conjunction with this application,
enclosed please find a check in the amount of $1000.00 made payable to the City of
Dania Beach representing the fee for this appeal.
I understand that this matter will be placed on the Commission agenda in July. Please
include as part of the "record" before the Commission copies of my previous
correspondence and attachments. Also please include a copy of the letter dated
January 7, 1994, from Broward County Senior Planner Roy Groves to an unrelated
party (this letter being referenced in my April 12th letter to you and enclosed
® Mr_ Larry Leeds
June 28 , 2000
Page 2
herewith). This letter evidences confirmation by the. Broward County Board of
Adjustment that "cellular telephone service" is considered to be an "essential service"
which, per Section 39-166 of the Broward County Zoning Code (copy attached), is
permitted in all County zoning districts where consistent with the land use plan.
Please provide me with notice of the Commission meeting date, time and place as
soon as available, and with copies of all Staff prepared back-up to the agenda for the
meeting as soon as available. Should you have any questions, or should you need any
other submission item, please do not hesitate to call me.
Thank you for your cooperation regarding this matter.
Very truly yours,
ALAN L. GABRIEL
5 � . .
Enclosures
® 38050616.111
cc: R. Wanliss, Nextel South Corp.
Tom Ansbro, City Attorney
Gower CarVW ARM
` 118 S.AnWwsa Avem
Fed Laudamma.FL
(306)46&3434 FAX(
Jannaz7 10 1994
CELLULAR ONE
1420 H.W. 23 . A UR
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PSTITIow 0i 93®ZA-002
®ear sir/ dt
On Janugry G, 1994 tho eroward county 308M of AdjUstmmt
upheld yaw contantion thatt
THAT CZLLULABL TEWHONS BERVICI Is A P1BLIC UTXLITY AND
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of tho arcrd county softing cod®.
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§ 39-164 BROWARD COUNTY ZONING CODE
Sec. 39-164. Use of residentially zoned property for access. ++�
I
(a) No land, other than public right-of-way, which is residen-
tially zoned shall be used for driveway or vehicular access pur-
poses to any land which is commercially zoned.
(b) No privately owned land or public or private street upon
which residentially zoned properties directly abut shall be used
for driveway or vehicular access purposes to any land which is I
industrially zoned except where a public street provides the sole
access to the industrially zoned property. (Ord. No. 90-12, § 22,
6-26-90)
Sec. 39.165. Reserved.
Editor's note—Section 39-165,relating to elevation of filled land,was repealed
by§23 of Ord.No.90-12, adopted June 26, 1990,effective July 5, 1990.
Sec. 39.166. Essential services.
Essential services shall be permitted in all zoning districts where
such facilities are consistent with the land use plan. (Eff. 8-27-79;
® eff. 9-18-79; Ord. No. 90-12, § 24, 6-26-90)
Sec. 39.167. County uses.
The provisions of this code are not intended, and shall not be
construed,to preclude the use of any property by Broward County
in any county government capacity, function or purpose.
Sec. 39.168. Nuisances.
(a) Nothing shall be allowed on or in any structure, land, or
water body in any district that shall in any way be offensive or
obnoxious by reason of the emission of odors, gases, dust, smoke,
vibration or noise(including the crowing of cocks,barking of dogs,
or any noises or odors emanating from any animal, fish or fowl).
Nor shall anything be constructed or maintained that would in
any way constitute an eyesore to adjacent property owners or
residents or to the community.
(b) Repair or maintenance of vehicles or vessels in residential
districts shall not be permitted unless such repair or maintenance
is minor in nature and does not involve engine or parts repair or
Supp. No. 63
786
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NOTICE OF PUBLIC HEARING
BY THE DANIA BEACH CITY COMMISSION
REGARDING THE FOLLOWING
ZA-006-00 - ZONING APPEAL
Notice is hereby given of an appeal requested by Attorney Alan L. Gabriel representing
Nextel South Corporation for property located at 3201 Griffin Rd., Dania Beach, Florida,
from the decision made by the Growth Management Director on April 12, 2000, where it
was determined that the present applicable zoning of the building.at 3201 Griffin Rd.,
Dania beach, does not permit the use or allow special exception application of the
proposed installation of stealth antennas to be located on the roof.
The Dania Beach City Commission will hear this appeal on Tuesday, July 25, 2000 at
7:30 p.m. or as soon thereafter, in the City Commission Meeting Room of the Dania
Beach City Hall, 100 West Dania Beach Blvd., Dania Beach Florida.
All interested parties may appear at said meeting and be heard with respect to the
proposed petition(s). Copies of the proposed petition are available for viewing in the
Growth Management Department, 100 West Dania Beach Blvd., Dania Beach, Florida
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 proposed petition.
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 City Commission 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.
Publish: July 14, 2000 Mail: July 14, 2000 Sun Sentinel Legal ads
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