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Home My WebLink AboutR-2000-191 RESOLUTION NO. 2000-191 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 700 EAST DANIA BEACH BLVD., DANIA BEACH, FOR A SPECIAL EXCEPTION USE TO INSTALL A CELLULAR TELECOMMUNICATION ANTENNA ON THE ROOF OF THE FIRST UNION BANK 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 First Union Bank Building at 700 East Dania Beach Blvd., 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-49-00, for a Special Exception Use allowing property located at 700 East Dania Beach Blvd., Dania Beach to install a cellular telecommunication antenna on the roof of the First Union Bank 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 Fund. 1 RESOLUTION NO. 2000-191 R-se-49-00 Nextell 700 dania beach blvd..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 141h DAY OF November, 2000. �� AYdR-COI" mfSS ONE ROLL CALL: ATTEST: MAYOR MCELYEA- NO VICE-MAYOR BERTINO-YES COMMISSIONER CALI-YES SHERYL APMAN COMMISSIONER ETLING -YES ACTING CITY CLERK COMMISSIONER MIKES-YES APPROVED AS TO FFOR ND CORRECTNESS: BY: �� 1 AA THOMAS J'ANSBRb CITY ATTORNEY 2 RESOLUTION NO. 2000-191 R-se-49-00 Nextell 700 dania beach blvd..doc D 1EC OV CITY OF DANIA BEACH ASCATION NUMBER: 100 WEST DANIA BEACH BOULEVARD te st -S E _ Lf q _ 00 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 6700N. Andrews Avenue ; Ste. 700; Ft. Lauderdale , F1a.33309 ADDRESS OF APPLICANT: c-.1n Al an (,;brie—Esq 2455 F. . giinrisP gl krH ; Suite Penthouse East; Ft. Lauderdale, Fla. 33304 954-561-7489/561-7489 PHONE/ FAX: PROPERTY INTEREST OF APPLICANT: Lessee NAME AND ADDRESS OF PROPERTY OWNER (IF NOT THE APPLICANT): Ryan Ventures , Ltd. c/o Chris Ryan, 700 East Dania' Beach Blvd. , 3rd Floor , Dania Beach 33004 . ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY: First Union Bank Bldg. ; 700 East Dania Beach Blvd. Dania Beach 33004 . See attached Exhibit "A" for OIL-qal c3Pc;nriitinn of iarPnt tract_ ZONING CLASSIFICATION: C-2 LOT SIZE. NA AREA: NA LAND USE DESIGNATION: Commercial PRESENTUSE: Three story bank/office building and surrounding parking lot . To south: RS-12000; to west: C-2 ; to east: ZONING OF ALL LANDS WITHIN 700 FEET: C-2; to north (across Dania Bch . Blvd. ) : EXISTING USES OF LANDS WITHIN 700 FEET: To south: vacant land; to west: motel; to east: commercial building (fireworks) ; to north: shopping center . EXISTING LAND USE DESCRIPTIONS OF LANDS WITHIN 700 FEET. To south: Low (1) -L (1) to east and west: commercial; to north: commercia mecilum hign (25) to DESCRIPTION OF THE SPECIAL EXCEPTION REQUESTED USE AND CONSTRUCTION: the NWi . Wireless telecommunications facility, consisting of 3 arrays of 3 panel antennas each, to be located on root and steaithed as indicated in plansi and a i rPfahri c-atPrl P giiinmen shelter to be located on the ground on the south side of the building, effectively screened by the building and the LIST THE NAMES AND ADDRESSES OF ANY EXPERTS (PLANNER,ARCHITECT, ATTORNEY, ETC., IF ANY): Alan L. Gabriel, Esq . , attorney (see page 1) ; Troyce Gill, RF engi- neer (c/o Nextel-see a e 1 • Surveyor: William B. Zentz & Assoc. , Inc . 953 Old Dixie H 'way, Ste . B-4 , Vero Bch. , F1a.32960; Architect Engineers: Kim1PV-Hnrn k Assnc _ , Tnc _ , 4431 Fmh rcadern Drive , West Palm Beach, Fla , 33407 . 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. A stealth rooftop telecommunications facility is a permitted use in C-2 subject to special exception approval, per the Dania Beach Te ecommu- 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 to be stealthed and ground equipment shelter o be screened y tne ex- isting buildi ej and faliage surretinding the—paw-king le-t. It wiJ i have no negative impact on surrounding properties or uses . Values could actu • ally increase due to the resulting improvement in the ex eis ys m in Equipment shelter to match the existing building appearanc 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/screened use will have no negative impact on contiguous property wit thegene-al charar-ter of the nPJ ghhorhonH _ ThPre will he no effect on population density, existing ground structures, etc . 4. Indicate that adequate landscaping and screening is provided as required in the Chapter. T=p _;Gf tepap1=eppa_s ;Axi ll—be stealthedl as i ncli hated ThP GhPI tPr will be screened by the existing building and by existing foliage surround- ing the parking lot. 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. V�hi� l r a-eeess to the—prnpert=i s �z •gay of entrances' to the parking lot off Dania Beach Blvd. The proposed use will generate no additional traffic except for one trip per every two wee s- by a ec nician. e e3EIsting paEkinq let w}-- serve this P.QQd E. Indicate that the use will be consistent with the existing Comprehensive Plan. The proposed use is the addition of an unmanned, passive commercial faci lity consisting of rooftop antennas and a small ground equipment shelter 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. T1 limited radio frquency emissions generated will e well wit in e eral 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, this use will have no impact on traffic orparkin( 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 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, such, will have no impact on surrounding properties or uses, whether extsttng 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. ,2. Indicate that the use will not overburden existing public services and facilities. This use will not overburden, or have any negative impact on, public -3E o�ee3 e1 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. This use will have no effect on essential public services , including ii regard to access to the property. Access to the rooftop will also not b( affecteil y the clesign of the racTlIty. 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. ThP ii sP wi 1 1 hp a P ct-a f-P(9 a hnvP _ e g, a exte Conn. By �. • STATE OF FLORIDA SIGNATURE OF APPLICANT: Alan Gabriel, Esq. COUNTY OF BROWARD As attorney for App- licant. The forgoing instrument was acknowledged before me on ��/ i by Alan T,_ r a hr i a 1 , as [title] for[name of entity] Corp. a Florida Corporation,whd is personally known to me, or produced as identification. ,..,y4 Kathleen G Clark .r My Commission Expires: *my commission CC838293 •.n Expires June 11 2003 NOTARY PUBLIC 2 FOR USE WHEN APPLICANT IS NOT OWNER OF SUBJECT PROPERTY: THIS IS TO CERTIFY THAT I AM THE OWNER OF THE SUBJECT LANDS DESCRIBED ABOVE IN THE APPLICATIO SR&2W AND THAT I HAVE AUTHORIZED Nextel South Corp. & ageLOMAIKE AND FILE THE AFORESAID APPLICATION FOR }fit ARA*2TM:RbtR special excR areLtd. STATE OF FLORIDA By: (�✓`— COUNTY OF BROWARD SIGNATU F OWNER II: Jo RY as �a:, �-r of 700 Bldg. , Inc, general The forgoing ipptrument was ack owiedged before me on&�Utr 1 vac y artner of as [title] t S for[name of entity] 3-L.Lk)im n Venture I ti c a Florida Corporation,who is personally known to me, or produced as identification. My Commission Expires: kt • ARY PUBLIC Michael Sender * *My Comrnission CC82MM Expires April 19,2003 ---_- EXHIBIT "A" to Application by Nextel Communications for Special Exception Site: FI-1620A ("Dania Beach") Legal Description: Tract A, less the West 107.5 feet thereof, DANIA BEACHWAY PARK, according to the map or plat thereof, as recorded in Plat Book 26, Page 22, Public Records of Broward County, Florida; said lands situate, lying and being in Broward County, Florida. 39170815.1egaldesc 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-49-00 - 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 First Union Bank Building located at 700 East Dania Beach Blvd. Legally described: Tract "A" less the West 107.5 feet thereof, Dania Beachway Park", as recorded in Plat Book 26, Page 22, 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. Lou Ann Cunningham Planning Technician Mailed: November 2, 2000 'v e ' .ar .rt„ T . .� rar m ' h` rn nr'. ,rr rr rr, ..I•. �d .. 1 o -9 9• - g .. .gu r�.. .. 14'� a n . .. •. 9 n .f.� ..I.y ♦ �- I 1210 3aOH5 1S3M W] 380HS 1S3M a. ..j.i. u ♦ !1 4 � ♦ rr11 w !. r. • inl. IWr rr +y o n - o ^ \o LL-LrJ�J „ • • '." o n_ _o I•t,�o o I I I o -1-777 m ar car ♦.ar asrg ur an to ar �'rr 1.«: .Y" ,�u. ..rr .�•• .ar. .w' .Yr I S _ � • - � - N V1 N � �nb 417,1 N - .rr• n WOO -r 3nV 47U EE LIJ Z� .7 .�' � 'Q .n .e•, > UG I U I 7YN0'J Q Q N Ln a U m O Q oC,4W 3 Ll C 3� 0-i �ao a as A t N R e 3AV 411 3N °tier .nr �' R,q, .e:r -a Ln a POO > _?O.w-@ Q o N CD o rn •o z xH_ I 0 A v - 66o V O U Q Y O r I U - .ur .v3 IWQO ^ o K ^ o _ - T- vi a v Y•. _ ZO (zlso) zro cro 61Lj :v v _ I• ZZO 40� ^ a ; Cl! Z r� J 0, ~�OO zV 20 NQ j7 -411;-.e N.a ' rN Z Q� •n• r1 .r�' .°X ' r- Q�S" V) VI W LLJ LLJC4 'rltl3lVM� .+ ,i o f`` ■ �i n = O AW Qz YZ z OO zrn 4 m _ r - ry is 3 nd 0 G �� V) li q Q O OY - - - - —3nv -419 -.—3ri N L P L:W84S'0100-90-S£-Z4-OS-66-966 L ' ld'WBAWI9 cn cn cn cn cn cn cn cn cn 1 v o n CD CD CD CD CD0 0 0 CDD zCD N N N N N N N N N D O w w w w w w W w w w 0 T cn Cn Cn cn Cn cn Cr Cn cn D v i D 0 0 0 0 0 0 0 0 v Cn Cn 0 0 0 0 0 0 n z D 'O C7 CD O O O CD C7 O S D z O o O w w w w w N w D CD N -+ O Cn A Na Cn C) CD C) O Cl CDfJ N � w W n o = n z D D " O x x o z < y m z * z X r D v X m D cz -Ummxxzxw cnozzv � cc� r � X m = M r � S z � m D n m r 90 C) C- > m O cn m S 0 cn � -4 v v_ w c. M O -n 0 0 M Cn Cn N N X z mmmmcnm -A- CD v v v v D v O CD w ZZZZa — S -4o � > D D D D rn p D � � Z.Z � JV mmmcawmvmm m � DDDD � � X mfn a 0 0 n 0 D a� ^ SSSS < CO w w m o m ;~yl r- r r- r < < < < N i+ m o O vvvv 'T� �_ wvv raao*+wr!'* 'ti z_ Z Z z D 0 < z_ C D D D D O m D m � � � xnz D S Z r -n M r m z r C) oow n� wo m 0 0 0 0 0 w N o � .AA � � caoo � a. D z CO) m � r N � � N- O Z. AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. ° 1. DATE OF COMMISSION MEETING: 11/14/00 2. DESCRIPTION OF AGENDA ITEM: SE-49-00 -SPECIAL EXCEPTION REQUEST FOR STEALTH ANTENNA AT 700 EAST DANIA BEACH BLVD. 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 Bank Building at 700 East Dania Beach Blvd. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff report Approval Memo- Ken Koch, Building Official 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 �n I � a • = CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT STAFF REPORT TO: Michael Smith, City Manager C• C. FROM: Laurence Leeds, AICP, Director Growth Management Department DATE: November 14, 2000 SUBJECT: SE-49-00: Rooftop Cell Antennas (Nextel) at 700 East Dania Beach Boulevard (First Union Bank) This is a special exception request to install a cellular telecommunication antenna on the roof of the First Union Bank Building located at 700 East Dania Beach Boulevard. The proposal consists of nine panel antennas located on the roof and an equipment shelter located at ground level on the south (rear) side of the building. The antennas will be mounted within an eleven (11) foot high stealth panel enclosure that will replace the existing rooftop air conditioner enclosure. 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 reviewed 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-49-00 FIRST UNION DANIA BEACH1.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-49-00 FIRST UNION DANIA BEACH1.DOC August 29,2000 Memo to file: • Nextel Facility, 700 East Dania Beach Blvd. The documentation provided by Nextel from Kimley-Horn states that the radio equipment container will be located on the ground, not on the roof of the 4-story building on this site. The report also states that a new screen will be constructed on the roof to hide the new antennae and some existing roof mounted equipment. The antennae will be mounted to this screen. The analysis says that the roof will support the loads imposed by the addition of the new screen and antennae, and that the screen will support the antennae, as required by the South Florida Building Code and related ASCE-7 wind load criteria. Ken Koch, Building Official • CITY OF DANIA BEACH ROUTING SHEET • 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Phone: (954) 924-3645 Fax: (954) 922-2687 Date: September 20, 2000 Project Name: NEXTEL/ FIRST UNION BANK Project No. SE-49-00 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 ® ❑ TRAFFIC CONSULTANT: Molly Hughes ❑ LANDSCAPING CONSULTANT: Bill Tesauro ❑ POLICE DEPT.: Chief Anton BUILDING OFFICIAL Ken Koch APPROVED AS SUBMITTED: [ ] DENIED: APPROVED WITH CONDITIONS: [ ] List conditions: Signatur oaf/ Print Name g Date PETITION ROUTING SHEET.doc JUL-31-00 01:26 From: T-619 P.02/02 Job-249 700 Fast Dania Beach Blvd.310 Floor Dania Beach FL 33004 • NA July 31.2000 City of Dania Beach 100 West Dania Beach Blvd Dania FL 33004 RE:Nextel Site# 1620A-700 East Dania Beach Blvd D ear Sir or Madam: Please except this letter as Owners Authorization for Nextel Communications or their designated re:presentaive to file for a special exception with the Zonin Deparhmnt of Dania to install a wireless communications facility on our property located at 700 East Dania Beach Blvd. I . G erlye h� - • Ryan Ci-- 01 '' B, Bafore me on this day of J V, ,2000 VY` } indicated that he is owner of the abov desc.ribed prop � J (,q Notary Signature ��P•rPY¢. Lena D.Reid 2g ;= MY COMMISSION#CC737120 EXPIRES a; April 28,2002 BONDED THRU TROY FAIN INSURANCE,INC a ,. +Y �` . . • . s ^�