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HomeMy WebLinkAboutR-2000-188 RESOLUTION NO.2000-188 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING A SPECIAL EXCEPTION REQUEST SUBMITTED BY ATTORNEY ALAN L. GABRIEL, ATTORNEY FOR NEXTEL SOUTH CORPORATION D/B/A NEXTEL COMMUNICATIONS, FOR PROPERTY LOCATED AT 151 SW 18T" CT., DANIA BEACH, FOR A SPECIAL EXCEPTION USE TO ALLOW FOR THE PLACEMENT OF CELLULAR ANTENNAS AND SUPPORT STRUCTURE ON THE ROOF OF THE SPRINGHILL SUITES HOTEL, AS PROVIDED FOR IN THE ZONING APPENDIX, ARTICLE VIII, TELECOMMUNICATION TOWERS AND ANTENNAS; SECTION 33-308 ZONING DISTRICTS, HEIGHT AND SETBACK REQUIREMENTS, ETC.; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 28, Zoning Appendix, Article VIII, Telecommunication Towers and Antennas; Section 33-308, Zoning districts, height and setback requirements, etc. provides for Stealth towers or stealth rooftop and building mounted antennas as special exceptions in districts zoned C-2 (Commercial); and WHEREAS, Alan L. Gabriel, Attorney for Nextel South Corporation d/b/a Nextel Communications, has applied for a special exception use to allow for the placement of cellular antennas and support structure on the roof of the Springhill Suites Hotel, at 151 SW 18th Ct., Dania Beach, in a C-2 (Commercial) Zoning District; and WHEREAS, the Planning & Zoning Advisory Board on August 19, 2000, recommended that the City Commission grant the special exception request, based upon the criteria set forth in Chapter 28, Zoning, Article 6, Supplementary Use Regulations, Section 6.40, Special Exception Uses, of the Code of Ordinances of the City of Dania. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: • Section 1. That that certain application SE-33-00, for a Special Exception Use for 1 RESOLUTION NO.2000-188 ® property located at 151 SW 18m Ct., allowing the placement of cellular antennas and support structure on the roof of the Springhill Suites Hotel, a copy of which is attached and made a part of this Resolution as Exhibit"A", is approved with the voluntary dedication of $5,000.00 to the City Tree Landscape Fund as a mitigation factor to off-set the visual pollution of the structure. 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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. PASSED AND ADOPTED THE 14th DAY OF November, 2000. MAYOR-CO M- MISSONER ROLL CALL: ATTEST: MAYOR MCELYEA- NO VICE-MAYOR BERTINO-YES �sa�� COMMISSIONER CALI-YES SHERYL CHAPMAW COMMISSIONER ETLING-YES ACTING CITY CLERK COMMISSIONER MIKES-YES APPROVED AS T/9 F� RM AND CORRECTNESS: 1/ ,-� Z' /�BY: THOM� S J'. ANS RO CITY ATTORNEY 2 RESOLUTION NO.2000-188 CITY OF DANIA BEACH 16 APPLICATION NUMBER: 100 WEST DANIA BEACH BOULEVARD to p -5 C _ 3�_ y 0 DANIA BEACH, FLORIDA 33004 Phone: (954) 924-3645 Fax: (954) 922-2687 APPLICATION FOR SPECIAL EXCEPTION The undersigned petitions the Planning and Zoning Board and the City Commission of the City of Dania Beach, Florida to consider the proposed special exception for the parcel(s) of land described in this application. NAME OF APPLICANT: NEXTEL SOUTH CORP. d/b/a NEXTEL COMMUNICATIONS 6700 N. Andrews Avenue, Ste . 700, Ft. Lau a.33309 ADDRESS OFAPPLICANT: c/o Alan L. Gabriel, Escf. 2455 E. Sunrise Blvd. , Suite Penthouse East, Ft. Lauderdale, Fla . 33304 954-561-2230/561-7489 PHONE/ FAX- PROPERTY INTEREST OF APPLICANT: LESSEE NAME AND ADDRESS OF PROPERTY OWNER (IF NOT THE APPLICANT): Oakridge Hotel I Limited c/o Michael Thomas, through Keil Sirles, Apex Mgt. , i3il SW btri CZ71irt, Boca Raton, F1a. 33432 ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY: 151 SW 18th Court; Dania Beach, Florida. See attached Exhibit "A" for legal description of parent tract. ZONING CLASSIFICATION: C-2 LOT SIZE: NA AREA: NA LAND USE DESIGNATION: Commercial PRESENT USE: Existing 7 story hotel and parking lot. To South: commercial (City of Hollywood) ; ZONING OF ALL LANDS WITHIN 700 FEET: West: I-95 corridor; East:A-1, IRO,C-2; North o th• St ' rl ' n Ro d co e ci 1 mall & I-G EXISTING USES OF LANDS WITHIN 700 FEET.- arced •W �t• -95 • ias �ur rtagi . an or os . 'Ic r cial �Hol}y�too di EXISTING LAND USE DESCRIPTIONS OF LANDS WITHIN 700 FEET: as !Ind st. o m tialtt6H commercial & industrial . DESCRIPTION OF THE SPECIAL EXCEPTION REQUESTED USE AND CONSTRUCTION: Rooftop-only telecommunications facility, consisting of (1) 3 arrays of 3 panel antennas each, to be located at 3 locations on roof and stealthed a: ed - -plans, and—(-2)— a- 19=—x 20 ' „f,b -; a+ o,a o,.,,;nmo„t shelt, to be located on a steel platform on the NW portion of the roof,as indica- ted in the plans . LIST THE NAMES AND ADDRESSES OF ANY EXPERTS(PLANNER,ARCHITECT, ATTORNEY, ETC., IF • ANY): Attorney: Alan L. Gabriel, Esq. (see info, on page 1) ; RF Engineer: Troyce Gill , Nextel; Surveyor: W.L. Fish & Assoc , ; Architect/Engineer: Kimley-Horn & Assoc . , Inc . (4431 Embarcadero Drive, WPB, Fla. 33407) (Fi ch h A.G-,nn - - 1 05 S _ Narci csiic Aua ,StP 41 2r WPR., Fla _ 334n1 ) PLEASE COMPLETE THIS PORTION OF THE APPLICATION CAREFULLY. EACH REQUEST FOR A SPECIAL EXCEPTION MUST STAND ON ITS OWN MERITS. (You may use additional pages as necessary.) The following questions pertain to the criteria which the City Commission and Planning and Zoning Board will consider in reviewing the applicant's request. 1. Indicate that the use is a permitted special exception use in the schedule of use regulations, City of Dania Beach, in Article 4 of the zoning code. Per Article VIII , Section 33-308 (3) c. , Zoning Appendix, stealth rooftop and buildincl mounted telecommunication antennas are permitted as a special exception in the C-2 zoning district. 2. Indicate that the use will not cause a detrimental impact to the value of existing contiguous uses or to the zoning district where it is to be located. The proposed use is an unmanned, passive, stealthed rooftop-only use which will have no negative impact on surrounding x=xwxxmx = propE g improvement in the duality of the Nextel system within the area. 3. Indicate that the use will be compatible with the existing uses on contiguous property or the zoning district where the use is to be located and compatible with the general character of the area, considering population density, design, scale and orientation of structures to the area, property values and existing similar uses or zoning. This unmanned, passive, stealthed rooftop-only use will have no nega- tive impac on contiguous property and uses, and wiii thus be compatibl effec on population density, existing ground structures, etc , 4. Indicate that adequate landscaping and screening is provided as required in the Chapter. Since this will be a rooftop-only use, ground landscaping is not as indicated, and the location of the shelter, will serve to screen these structures from view, as will the considerable tall trees surrou 5. Indicate that adequate parking and loading is provided and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets. Vehicular ancarr. to the pr- per-ty is by Ada" GE 12th ani-Irt a-n� IRth avenue. The proposed use will generate no traffic, except for one trip 0 serve this parkinr=j need. every two weeks by a technician. The existing large parking lot Will 6. Indicate that the se will be,consistent with the existing Comprehensive Plan. The proposed use is the addition of a passive, unmanned, commercial roc - with the commercial land use desicJnation _ • in this manner 7. Indicate that the use will not have a detrimental environmental impact upon contiguous properties or an environmental impact inconsistent with the health, safety and welfare of the community. This use will have no environmental impact on surrounding properties. The limited radio frequency emissions generated will be well within fe 8. Indicate that the use will not have a detrimental effect on vehicular or pedestrian traffic. or parking conditions, and will not result in the generation or creation of traffic inconsistent with the health, safety and welfare of the community. As indicated above, hi -, usP wi11 have no impact on fraffi . or paarkir of any type . 9. Indicate that the use will not utilize turning movements in relation to its access to public roads or intersections, or its location in relation to other structures or proposed structures on or near the site that • would be hazardous or a nuisance. There -,zil1hi- nn ciir- imp;;Ct hy thi g n 10. Indicate that the use will not have a detrimental effect on the future development of contiguous properties or the general area, according to the Comprehensive Plan. ThP iisp i s an unmanned ., p aggivP., rnnftjn�nnl �7f ctPal thp-d fanj 1 i ty and, as such, will have no impact on surrounding properties or uses, whether existing or tuture . 11. Indicate that the use will not result in the creation of incompatible noise, lights, vibrations, fumes, odors. dust or physical activities, taking into account existing uses or zoning in the vicinity due to its nature. duration. direction or character. The propoc d Usp w' 1 1 no r sal in any of the impacts listed above. 12. Indicate that the use will not overburden existing public services and facilities. This use will not overburden, or have any impact on, public services or facilities. 13. Indicate that the use will be sufficiently accessible to permit entry onto the property by fire, police, rescue and other essential public services. ices, including in regard to access to the property.Access to the rooftop will also not be affected by the design of the facility. 14. Indicate that the use will be consistent with the definition of a special exception and will meet the standards and criteria of the zoning classification in which such use is proposed to be located, and all other requirements for such particular use set forth elsewhere in the zoning code,or otherwise adopted by the city commission. The use will be as stated above. Nextel South Cori. d/b/a Nextel Comm. STATE OF FLORIDA By-SIGNATUFt OF APPLICANT COUNTY OF BROWARD Name• l>A 212 I Title: j - v .--L The forgoing instrument was acknowledged before me on .�y n e_ Lo n 4?- as [title] 5 t for[name of entity] N G X - L SvvTO C04P , a Florida Corporation, who is / rsonally known to me, or produced as identification. SHY r dotary Pulls, yf tte of ri4200 My Commission Exp'*r commission No.CC 624200 of P,61`,ty Cammrssior".Exp.3/15/2001 '( NOTARY PUBLIC 30ndcd IS;roogh Fla.,;otazy c crvicc&Bonding FOR USE WHEN APPLICANT IS NOT OWNER OF SUBJECT PROPERTY: THIS IS TO CERTIFY THAT I AM THE Agent of the OWNER OF THE SUBJECT LANDS DESCRIBED AND THAT I HAVE AUTHORIZED Nextel South�' TO MAKE AND FILE THE AFORESAID APPLICATION#RR#3 � YW. Oakrid,ge Hotel I Limited STATE OF FLORIDA COUNTY OF BROWARD SIGPI )RE OF OWNER/Agent The forgoing instrument was acknowledged before me on / �1a�aU 1�>3�11>y 6y TO" aka m reS as [title]/ e ti for[name of entity] Qak r i d qj P- N rr4 e L id, a FloridaX6A)5MNkM1 who is personally known to me, Limited Partnershi 10 My Commission Expires: NdTARY PUBLIC Kathleen G clertc * *My Commission CC838M %M1 Exp res June 11 2003 Legal Description from Deed recorded in O.R. Book 27620, Page 0199 U;, 5 EXHIBIT "A" A portion of Parcels A and B, KRILICH PLAT according to the plat thereof as recorded in Plat Book 142, Page 19, Public Records, Broward County, Florida, together with a portion of S.W. 18t' Street (public street) being more particularly described as follows: Begin at the Southwest Corner of said Parcel A: Thence North 01 21' 24" West along the westerly line of said Parcel A, for 415.27 feet to a point on a curve, said point bears North 07 48' 42" East from the radius point of the next described curve: Thence southeasterly along a circular curve to the right, having a radius of 705.00 feet, a central angle of 22 28' 11", for an arc distance of 276.48 feet to the westerly right-of-way for S.W. 181h Street; Thence South 01 21' 04" East along said westerly right-of-way, for 215.81 feet to a point hereinafter referred to as Point A: Thence continue South 01 21' 04" East, along said westerly right-of-way, for 187.64 feet to the southerly line of said Parcel A: Thence South 48 53' 45" West for 19.18 feet; Thence North 80 50' 26" West for 76.53 feet; Thence North 01 21' 04" West for 84.31 feet; Thence South 87 56' 14" West for 167.46 feet to the Point of Beginning, the last four (4) mentioned courses being coincident with the southerly line of said Parcel A and containing 104,938 square feet more or less. NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH ICE IS HEREBY GIVEN that a public hearing will be held before the Dania Beach City Commission on November 14, 2000 at 7:30 p.m., or as soon thereafter as possible, in the Dania Beach City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following requests: Petition: SE-33-00 - Request by Alan L. Gabriel, Attorney for Nextel South Corporation, for special exception approval to allow a "Stealth" (rooftop-only) telecommunications facility, to be located at multiple locations on top of the roof of the Springhill Suites hotel, located at 151 SW 181h Ct, Dania Beach. Legally described: A portion of parcels A and B, Krilich Plat according to the plat thereof as recorded in Plat Book 142, Page 19, Public Records, Broward County, Florida, together with a portion of SW 181h Street (public street) being more particularly described as follows: Begin at the Southwest Corner of said Parcel A: Thence North 01 degrees 21 minutes 24 seconds West along the Westerly line of said Parcel A, for 415.27 feet to a point on a curve, said point bears North 07 degrees 48 minutes 42 seconds East from the radius point of the next described curve: Thence Southeasterly along a circular curve to the right, having a radius of 705.00 feet, a central angle of 22 degrees 28 minutes 11 seconds, for an arc distance of 276.48 feet to the Westerly right- of-way for SW 181h Street; Thence South 01 degrees 21 minutes 04 seconds East along said Westerly right- of-way, for 215.81 feet to a point hereinafter referred to a Point A; Thence continue South 01 degrees 21 minutes 04 seconds East, along said Westerly right-of-way, for 187.64 feet to the Southerly line of said Parcel A: Thence South 48 degrees 53 minutes 45 seconds West for 19.18 feet; Thence North 80 degrees 50 minutes 26 seconds West for 76.53 feet; thence North 01 degrees 21 minutes 04 seconds West for 84.31 feet; Thence South 87 degrees 56 minutes 14 seconds West for 167.46 feet to the point of beginning, The last four mentioned courses being coincident with the Southerly line of said Parcel A and containing 104,938 square IF more or less. 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 please call (954) 924-3645 for more information. 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, 1 00 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. Lou Ann Cunningham Planning Technician Mail: November 2, 2000 1 " r�P gas .4 t:y F a z� ro `®ea - vaa` $'� t-" ' . ''1:.'.-". .,bus,. •,x s.� >'✓�. dr y� 'g�. ;. .�-�. �• a.��. ,.. n- '_ h Ts+6>n:�. v,�pn • >4 r ��� as 4% z • o• a �a cn cn cn cn cn cn cn cn cn cn cn cn cn cn 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 D o O W W W W W W W W W W W W W W c,, wwwwwwwwwwwwW mDv W CD O O O .A A A A 0 0 0 0 t0 CD O (D CD co O -4 -4 O O O O n Z z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 = D O rn 00 0 0 0 0 0 o m m Am - ca D N W ' W N — — -+ � -+ Cn A W W O " CDO O N O CDr m W ILI o = 0.- 0 O W" 0U5 � 0 � x � rO IF X m DF D gmnm = FFFO � � r- > 7 v D �? O r= ;r, 0 c� c� D v 0 0 m � wcnczm = = = KDZ - 00 :C - O Z 0 N � -0 CD T O On > OCZrmr. pOp = r' OZrT-- A O0 --i005MMMDDm ;oD 0 D X m D D 0 a O D D X -00 < Zv Q° cn y Q° 0 DOZ Z In0 K m n p Q° cn 00 z Z �% G? 0w00 -4 jaCDW -4 rn0 Z�-. N Z O O N O O � O Z g,;G) -�, 0 = rm mj W Z � � = mr- OX � � tnWDmm mfnw o;✓ O " OO zDDODrn � On Z � A ^ Witt 0 it D m � � c� c� < � ill C= m m m D W " m 0o r o� ( r r co 0 < C� o •eR�ts�tww��t zO WO D K m 0 0 g D O D 0 D D � D D m _KK -mixmo�o � D � DZ— � � zm= 00rC r m � cA � c 0 v on� m m mZ - = m Timm � -n mr- n M D D m m _ -_� m m -n -n v w w w w w w rn rn w w w w w w i O CDm coO CD Wv A COA Op COO CD 4. Ca Cn O A O CA N N A N A \J\j M- W N Z N O O -I CD Cn Cn O w N 0 W s.j-6 o AGENDA REQUEST FORM CITY OF- DANIA BEACH AGENDA ITEM NO. • 1. DATE OF COMMISSION MEETING: 11/14/00 2. DESCRIPTION OF AGENDA ITEM: SE-33-00 -SPECIAL EXCEPTION REQUEST FOR STEALTH ANTENNA AT SPRINGHILL SUITES CONTINUED FROM SEPTEMBER 26, 2000 REGULAR COMMISSION MEETING 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: Special exception request to allow for the placement of cellular antennas and support structure on the roof of the Springhill Suites Hotel - 151 SW 18th Ct., Dania Beach 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff report Letter from Nextel regarding FAA requirements Resolution ® Application Public Hearing Notice/ Mailed notices list Location Map 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Planning and Zoning Advisory Board Approved this request at their August 19, 2000 regular meeting Submitted by: Laurence G. Leeds,AICP, Director Date 10/31/2000 Growth Management Department City Manager Date CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT STAFF REPORT TO: Michael Smith, City Manager FROM: Laurence Leeds, AICP, Director Growth Management Department DATE: November 14, 2000 SUBJECT: SE-33-00 Stealth Antenna at Springhill Suites This is a Special Exception request to allow for the placement of cellular antennas and support structure on the roof of the Springhill Suites Hotel (C-2 Zoning). The antennas appear to be located behind parapet panels painted the same color as the hotel exterior. The accessory equipment shelter will be located on the roof of the hotel and appears to extend above the parapet wall so as to be partially visible. With respect to special exception approval: 1) Based on information provided by Kimley-Horn and Associates, the Building Official has approved the wind-load certification and calculations indicating the building roof will support the additional load of the equipment shelter. 2) The proposal is for a stealth facility located on the roof of a multi-story building located in a C-2 Commercial District. 3) The proposal eliminates the need for a monopole antenna at this location. 4) Nextel has indicated that construction and operation of the facility will not interfere with FAA -related communications. Staff requests the applicant provide sufficient funds ($5,000) to the City Tree Landscape Fund to mitigate the visual impact of cell-related facilities in the City of Dania Beach, STAFF RECOMMENDATION Approval. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION Approval, subject to dedication of $5,000.00 to City Tree Landscape Fund within three days of City Commission approval. CELL SE-33-00 SPRINGHILL NEXTELL SITE.DOC NEXTEL: STIRLING I/95 FL1665C STRUCTURAL CALCULATIONS BUILDING ADEQUACY CHECK FOR PROPOSED ROOFTOP EQUIPMENT �.:, ,I s�, fi ✓ i s S�wS mac �LtQ a A I kru'v( U q l (� a ( w 1 1 4 -� 0 Kimley-Horn and Associates, Inc. Project Number: 044201060 June 14, 2000 1 of 16 Pages Kimley-Horn and Associates, Inc. August 4,2000 4431 Embarcadero Drive West Palm Beach,Florida 33407 Re: Nextel, Stirling U95, Site FL 1665C KHA#044201060 To Whom It May Concern: Nextel Communications is proposing a roof mounted equipment shelter at the Fairfield Marriot Suites located at 151 SW 18`h Court in the city of Dania Beach. Kimley-Horn and Associates has reviewed the construction documents prepared by CCL Consultants in 1998. Based on analysis of the existing dead load, live load,and the proposed shelter, frame and antenna loads, including wind forces per design criteria of ASCE 7-95 (145 mph wind speed), the attached calculations show the total load is well within the capacity of the existing 5" thick reinforced concrete walls. Please advise if you have any questions regarding this matter. KIMLEY-HORN AND ASSOCIATES, INC. C / • - 4 - o0 &464- ) David W. Stewart Florida PE 031 180 Q:\044201060\LOAD CERT.doc TEL 561 845 0665 FAX 561 863 8175 Nextel Communications 6700 North Andrews Avenue, Suite 700 Ft. Lauderdale, FL 33309 954 275-2400 FAX 954 275-2401 NEX117� August 14,2000 City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,FL 33004 To Whom It May Concern: Re: Nextel Site ID: FL1665C-Stirling&I-95 Nextel Communications certifies that the construction and operation of the Stealth Rooftop Telecommunications Facility to be located at the Springhill Suites; 151 SW 18t' Court, will comply with all FAA requirements and will not interfere with any FAA aviation —related or airport related communication. Sincerely, Darryl Boone Site Development Manager Nextel Communications