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HomeMy WebLinkAboutR-2000-190 RESOLUTION NO. 2000-190 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A SPECIAL EXCEPTION REQUEST SUBMITTED BY ATTORNEY ALAN GABRIEL, REPRESENTATIVE FOR NEXTEL SOUTH CORPORATION D/B/A NEXTEL COMMUNICATIONS, FOR PROPERTY LOCATED AT 3201 GRIFFIN RD., DANIA BEACH, FOR A SPECIAL EXCEPTION USE TO INSTALL A CELLULAR TELECOMMUNICATION ANTENNA ON THE ROOF OF THE EXISTING FOUR-STORY OFFICE BUILDING; 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 (Commercial); and WHEREAS, Attorney Alan Gabriel, representative for Nextel South Corporation d/b/a Nextel Communications, has applied for a special exception use to install a cellular telecommunication antenna on the roof of the existing four-story office building at 3201 Griffin Rd., Dania Beach in a Commercial ® Zoning District; and WHEREAS, the Planning & Zoning Advisory Board on September 20, 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-45-00, for a Special Exception Use allowing property located at 3201 Griffin Rd., Dania Beach to install a cellular telecommunication antenna on the roof of the existing four-story office building in a Commercial Zoning District, a copy of which is attached and made a part of this Resolution as Exhibit"A", is approved with the following conditions: (1) Applicant providing written certification that the operation of the facility will not interfere with FAA, aviation-related, or airport related communications; (2) Applicant will voluntarily dedicate $5,000 to the City Tree Landscape '10 Fund. 1 RESOLUTION NO. 2000-190 R-se-45-00 nextell 3201 griffin rd.doc 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-COMMISSIONER ATTEST: ROLL CALL: MAYOR MCELYEA- NO VICE-MAYOR BERTINO-NO �! ✓ COMMISSIONER CALI-YES SHERYVC'HAPMAN COMMISSIONER ETLING-YES ACTING CITY CLERK COMMISSIONER MIKES-YES ® APPROVED AS TO FORM ND CORRECTNESS: BY: ' 1 A THOMAS I ANSBRO CITY ATTORNEY 2 RESOLUTION NO. 2000-190 R-se-45-00 nextell 3201 griffin rd.doc �) b /co D CEOV CITY OF DANIA BEACH A LICATION NUMBER: 100 WEST DANIA BEACH BOULEVARD sty 1 2000 _ DANIA BEACH, FLORIDA 33004 ' CAL 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 61UU N . AndrewsAve . ; 09 ADDRESS OFAPPLICANT: c/o Alan Gabriel, Esq. 2455 E. Sunrise Blvd. Ste . Penthouse East, Ft. Laud. , Fla. 33304 PHONE/ FAX- 954-561-2230/561-7489 PROPERTY INTEREST OF APPLICANT: Lessee NAME AND ADDRESS OF PROPERTY OWNER (IF NOT THE APPLICANT): 3201 Associates ,_Inc . c/o Dana M. Scheer; 50 East Sample Rd. ,Ste . 400, Pompano Bch-. 33064 ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY: 3 2 01 Griffin Road; Dania Bch. Fla . See attached Exhibit "A" for legal description of parent tract. ZONING CLASSIFICATION: Broward County/B LOT SIZE: NA AREA: NA LAND USE DESIGNATION: Commercial PRESENT USE: Existing 4 story office building and parking area. To south: (across 6 lane Griffin Rd. ) : B-3 , B-2 RM A-1; to west: County B-2; to east: County B-2, R-IC; to north: R-3 . ZONING dF ALL LANDS WITHIN 700 FEETo T: o EXISTING USES OF LANDS WITHIN 700 FEET: en , touwes : &vpacan n�dnd. ngRldd S, pub; to north: mixed residential; to east: vacant land,canal,mixe resid. EXISTING LAND USE DESCRIPTIONS OF LANDS WITHIN 700 FEET: To south.: commercial & LM; to west:commercial; to north: Irreg. Res . Density o east: & L (5) . DESCRIPTION.OF THE SPECIAL EXCEPTION REQUESTED USE AND CONSTRUCTION: Wireless Telecommunications facility, consisting of 3 arrays of 3 panel antennas each, o be located on roottop and steditnea as in ica a in plans and a ln 'x 2n ' prPfahrinated equipment shelter to be located on the ground on the north side of the bldg. and screened by landscaping, a fence and existing ettrre s LIST THE NAMES AND ADDRESSES OF ANY EXPERTS(PLANNER, ARCHITECT, ATTORNEY, ETC., IF ANY): RF Engineer : Troyce Gill, Nextel (see page 1) ; Attorney: Alan L. Gabriel, Esq . (see info. on p . 1) ; Surveyor: W.L. Fish & Associates; iUb S . Narcissus Ave . , e . , Architect/Engineers: PAL Telecom Group, 875 NW 110 Terr . ,Plantation, Fla. 33324 ; Landscape Arch. :Dale & Co. , 951 N. MiiiS ve . , r an o, Fla. 31803 . 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. (as confirmed by City Comm, in ZA#006-00) 1. Indicate that the use is a permitted/special exception us6in the schedule of use regulations, City of Dania Beach, in Article 4 of the zoning code. The proposed use, on land currently zoned Broward County B-2, is a permitted use per (1) the current Broward County "Wireless ommunica ions aci i ies Ordinance (98-_Jb) whicn- provtaes that is and (2) per the County ' s prior determination that "cellular telephone service is an essentiai service in the nature of a public d thu e use plan. The use is subject to special exception approval * (cont, below) 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 facility with rooftop antennas tc be stealthed & ground shelter to be screened byexisting structures , land- scaping & fencing. It will have no negative impact on surrounding propertiE • or uses . Values could actually increase due to the resulting improvement it the quality of the Nextel system in the vicinity. 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 and screened use will have no negative impact on contiguous property and uses, and wiII tTjus th the general character of the neighborhood. There _w-Jii be no ettect on population density, existing ground structures, e c . 4. Indicate that adequate landscaping and screening is provided as required in the Chapter. The rooftop antennas will be stealthed as indicated; the shelter will be screened by required landscaping; a fence; and by the existing ui ing and dumpster enclosure . 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 access to the property is by way of entrances to the parent tract on SW 32nd Avenue . The proposed use will generate no traffic except for one trip every two weeks y a tech nician. The existing large parking lot will serve this need. * (cont. ) per the requirements set forth in the City' s "Telecommunication Towers and Antennas" Ordinance (at Sec.33-308) for all telecommunication sites, whether involving Antennas:.on_-towers: or on ,buildings.. 6. Indicate that the use will be consistent with the existing Comprehensive Plan. The proposed use is the addition of an unmanned, passive, commercial facility consisting of rooftop antennas and a small ground equipment ® shelter, which is consistent with the "commercial" land use designation. 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 federal guidelines . S. 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, this use will have no impact on traffic or parking. 9. Indicate that the use will not utilize tuming 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 will be no such impact by this use . 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. The use is an unmanned, passive, stealthed and screened facility, and,as such, will have no impact on surrounding properties or uses, whether existinc or future. 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 proposed use will not result in any of the impacts listed above. 0 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. 0 13. Indicate that the use will be sufficiently accessible to permit entry onto the property by fire, police, rescue and other essential public services. This use will have no effect on essential public services, 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 . rx olyi p . a ex e omlftuni ions s Byjr "TATE OF FLORIDA SIGNATURE OF APPLICANT BOUNTY OF BROWARD Name:Al an Gahrip, Title: Attu, far Ali_ cant. The forgoing instrument was acknowledged before me on /9c% . Wby /9L-4 L.. L as [title] o for[name of entity] Nex f-el v� CorP, a Florida Corporatio , who is ersonally known to me, .•l',N Kathleen G Ctark # *my Commission CC uim My Commission Expires: '., Expires June 11 2003 2 z.._ NOTARY PUBLIC FOR USE WHEN APPUCANT IS NOT OWNER OF SUBJECT PROPERTY: THIS IS TO CERTIFY THAT I AM THE OWNER OF THE SUBJECT LANDS DESCRIBED ABOVE IN THEAPPLICATION FOR SIGN ADJUSTMENT AND THAT I HAVE AUTHORIZED - O MAKE AND FILE THE AFORESAID APPLICATION X• As Oc i to s, I c . STATE OF FLORIDA (By' COUNTY OF BROWARD SIG TURE OF OWNER �1ame:�I��� h� Sc.���Title• �-� �l'�St��" The forgoing instrument was acknowledged before me on A- M as [title] �e� Sl for[name of entity] 3" 1 ass o�t��•a,���, a Florida Corporation,who Is , naliy known to 6, or produced as identification. -- 1 My Commission Expires: 1 NOTiUBC KLL ow Oaera Ev. IQr23r'ws --- No.cc Sam �►-00 f)0owI.& EXHIBIT "A" Legal description of parent tract: The South 120.00 feet (as measured at right angles) of Lots 18 & 19, Block 2, Canal Groves, according to the Plat thereof, recorded in Plat Book 22, Page 31 of the public records of Broward County, Florida; less the right-of-way for Griffin Road; together with Parcel "A" and Parcel "B", Ashley Center, according to the Plat thereof, as recorded in Plat Book 129, Page 36, of the public records of Broward County, Florida. ® 3805ExhA NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH NOTICE 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 request: Petition: SE-45-00 - Special exception request by Alan Gabriel, Esq. Representing Nextel South Corp. d/b/a Nextel Communications for placement of a telecommunication antenna on the rooftop of the building at 3201 Griffin Rd.. Legally described: The South 120.00 feet (as measured at right angles) of Lots 18 & 19, Block 2, Canal Groves, according to the plat thereof, recorded in Plat book 22, Page 31, of the public records of Broward County, Florida; less the right-of-way for Griffin Rd.; Together with Parcel "A" and Parcel "B", Ashley Center, according to the plat thereof, as recorded in Plat Book 129, Page 36 of the public records of Broward County, Florida. 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, 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. 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D r D D O c c D c c c m c O O c c co c m c m c c O CO O o o r o o o x o 0 0 o o m z o -< M o K o o O m 0 pmmmmmmomppmm Dzm -nr- mDmmoDz Xx � � � Dm � 70 00Xr- C70 707mn n z = o 0 0o m r r- Dr- rF, r-- rD- mrD- rrr- r-- r- r- Un11 r- r- �- r � r � mm mmmr- m mm m - mm mm m mm mmm m mm m I- m mm C r r r r r r r r r r r r rw W w W W W W W W W W W W W W W W N W W W w o W co W co W W W W W W W W W W W W W W W W W 00 W N W W N W W W W W O w W CD W w w W W O O W W O W A (n W O � w o w W CD A A N -� O -� O " N O N O N M O -� N �l OD ()o 00 N A N CO A N (D A N w N A Cn W N N Cn O N N N (D W v i i i � i i i i m -+ Cn O v U1 (l U1 (Yl N (D N Cn Cn N O C7 N U7 O - j Ln m N Ut CD Cr j Cn A A A (n N - CC-nn A A Cn O W O O O N O (n O O -1 (D 0o A 00 N N CO -I N 0) 00 A N O 0) cp m M -4 O 0 a AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. • 1. DATE OF COMMISSION MEETING: 11/14/00 2. DESCRIPTION OF AGENDA ITEM: SE-45-00 -SPECIAL EXCEPTION REQUEST FOR STEALTH ANTENNA AT 3201 GRIFFIN RD., DANIA BEACH 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 Building at 3201 Griffin Rd. . 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff report Approval - Ken Koch, Building Official Certification Letters Resolution Application Public Hearing Notice/ Mailed notices list Location Map Package: Photos & Plans 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 September 20, 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-45-00: Rooftop Cell Antennas (Nextel) at 3201 Griffin Road This is a special exception request to install a cellular telecommunication antenna on the roof of the existing four-story office building located at 3201 Griffin Road. The proposal consists of nine panel antennas (three arrays of three panel antennas each) located on the rooftop and an equipment shelter located at ground level on the north (rear) side of the building. Two of the antennas arrays will be mounted to a new structural steel frame and placed within an "antenna shroud" that will resemble a penthouse on the roof. The third array will be attached to the existing penthouse wall and will be painted to match the color of the building. This rooftop installation will eliminate the need for an additional cellular tower in the City. The applicant has indicated that all exposed finishes will be constructed or painted to be compatible with the existing structure. With respect to special exception approval: 1) The Building Official has approved the wind-load certification provided by the applicant. 2) The applicant has certified that construction and operation of the facility will not interfere with public safety communications. The applicant has not specifically addressed FAA and aviation-related communications. Staff requests the applicant provide $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, subject to applicant providing written certification that the operation of the facility will not interfere with FAA, aviation-related, or airport related communications. CELL SE-45-00 NEXTELL 3201 GRIFFFIN ROAD.DOC PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION Approval, subject to: 1) Applicant providing written certification that the operation of the facility will not interfere with FAA, aviation-related, or airport related communications. 2) $ 5,000 dedication to City Tree Landscape Fund. CELL SE-45-00 NEXTELL 3201 GRIFFFIN ROAD.DOC CITY OF DANIA BEACH ROUTING SHEET • 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Phone: (954) 924-3645 Fax: (954) 922-2687 Date: August 31, 2000 Project Name: Nextel 3201 Griffing Road Project No. SE45-00 VIA: MAIL PICKUP IN-HOUSE X PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE GROWTH MANAGEMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION. PLEASE LOG YOUR TIME SPENT AND COMMENTS ON THE ATTACHED REPORTING SHEET. THANK YOU. ❑ FIRE MARSHAL: Ed Tarmey ❑ UTILITIES DIRECTOR: Bud Palm ❑ CITY ENGINEER: Calvin Giordanno ❑ PLANNING CONSULTANT: Leigh R. Kerr ❑ CITY ATTORNEY: Thomas Ansbro 0 ❑ TRAFFIC CONSULTANT: Molly Hughes ❑ LANDSCAPING CONSULTANT: Bill Tesauro ❑ POLICE DEPT.: Chief Anton BUILDING OFFICIAL Ken Koch APPROVED AS SUBMITTED: [ l ] DENIED: [ ( ] APPROVED WITH CONDITIONS: [ ] List conditions: J/V Signatu e Print Name ® Date PETITION ROUTING SHEET.doc n PAL Telecom Group A CH2M HILL Company 8619 West Bryn Mawr Avenue j Chicago, IL _00 PAL Telecom Group 7vl 60631-3501 A CH'2P.1 HILL Ccnxoanv Te1773.693.5200 Fax 773.693.3241 July 5, 2000 Building and Planning Department City of Dania Beach, Florida RE: Nextel Communications, Inc. Site FL-1660A Davis Isles 3201 Griffin Road Davie, FL 33312 PAL NO. 99390 To Whom It May Concern: Nextel Communications, Inc. is proposing to install an equipment shelter at grade level with antennas mounted atop the existing adjacent four-story building at the above referenced location. PAL Telecom Group has designed the installation of antennas based on the existing building drawings prepared by Roy Rosenbaum, P.C. in 1986. Based upon an analysis of the antenna weight, screen weight and wind loading, calculations (previously submitted) show the total imposed loads would be within the capacities of the existing building's structural system. We trust that this information will satisfy all concerns; however, if you should have any additional questions regarding this matter, please do not hesitate to contact our office. Sincerely, CH2M HILL.PAL Telecom Group, LLC o Harold H. Silver, A.I.A. Christopher Kohout, S.E., RIC. Director of Operations Principal Structural Engineer State of Florida State of Florida Reg. No. AR0015046 Reg. No. 51793 APD/pmc c: File . CERTIFICATIONS BY NEXTEL SOUTH CORP. D/B/A NEXTEL COMMUNICATIONS The following certifications are provided to the City of Dania Beach in conjunction with the Application by Nextel for Special Exception approval of a stealth rooftop telecommunications facility to be located on the rooftop of 3201 Griffin Road. 1. As the owner/operator of the antennas to be placed at the proposed location, Nextel South Corp. d/b/a Nextel Communications certifies that all franchises/licenses required for construction and operation of this wireless telecommunications site in the City have been obtained. A copy of Nextel's FCC license is attached hereto. 2. The construction and operation (including reception and transmission) of this facility will not interfere with public safety communications, with the visual and customary transmission or reception of radio, television or similar services, or other wireless services enjoyed by adjacent properties. Certified this 3_ day of July 2000. Nextel South Corp. d/b/a Nextel Communications Y Print Name: Title: j FL1660A—Davis Isles 0V 0 AUG July 31, 2000 Growth Management Department City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, Florida 33004 Re: Proposed Nextel Site "Davis Isles" (FL1660A); 3201 Griffin Road To Whom It May Concern: Please accept this letter as an "Owner's Authorization" regarding Nextel's application for special exception approval related to the above referenced site. As Vice President and authorized representative of the owner of the subject property, 3201 Associates, Inc., located at 50 East Sample Road, Ste. 400, Pompano Beach, Florida 33064, Nextel, its agents, employees and attorneys, are hereby authorized to make application for special exception approval for this proposed facility at the referenced location. It is understood that all applications will adhere to all applicable building codes. Thank you for your consideration. 3201 Associates, Inc. By: D a Scheer, Vice President Before me this 3 ( day of J , 2000, ep rsonally.appeared Dana M. Scheer, Vice President of 3201 Associates, Inc.,(who is personally known or who has produced as identification, and who has in#icated that he is authorized to provide this document for the property owner. 1 Notary Pup oow�►�emu.a�oo 38050727.auth PUKX myCow 1°'amw No.cc 86980 y t 1 orwr 1.4