HomeMy WebLinkAboutR-2010-139 Modifying R-2010-005 T-Mobile Special Exception RESOLUTION NO. 2010-139
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING A MODIFICATION OF THE SPECIAL
EXCEPTION REQUEST APPROVED BY RESOLUTION NO 2010-005
ADOPTED JANUARY 12,2010,TO DELETE A CONDITION TO THE SPECIAL
EXCEPTION REQUESTED BY PIER BALLESTEROS WITH T-MOBILE
PERTAINING TO INSTALLATION OF A NEW 100 FOOT
TELECOMMUNICATION TOWER ON THE NORTHEAST SIDE OF
PROPERTY GENERALLY LOCATED SOUTH OF 3251 S.W.26TH TERRACE IN
THE CITY OF DANIA BEACH IN AN IROM (INDUSTRIAL RESEARCH
OFFICE MARINE) ZONING DISTRICT, PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the Dania Beach Zoning Appendix,Article VIII,"Telecommunication Towers
and Antennas"provides for the regulation of telecommunication towers and antennas in the City of
Dania Beach; and
WHEREAS,the Dania Beach Zoning Appendix Article VIII,"Telecommunication Towers
and Antennas",Section 33-308,provides that Monopole and Stealth guyed towers are permitted as a
special exception use in the IROM zoning district; and
WHEREAS,Pier Ballesteros with T-Mobile,representing the property owner,Marina Mile
Business Park LLC, received approval of a special exception request (SE-54-09) through the
adoption of Resolution No. 2010-005 adopted January 12, 2010, subject to the condition that the
applicant obtains FAA approval and confirmation from the FAA that the location and height of the
tower will not prohibit the possibility of a north runway expansion at the Fort Lauderdale-Hollywood
International Airport; and
WHEREAS,Hector Adames with T-Mobile has obtained an FAA Aeronautical Evaluation
Report from "Site Safe rf Compliance Experts" dated June 23, 2010, confirming that the planned
cellular tower would have no impact on the development of a secondary north runway; and
WHEREAS,Keith M.Poliakoff,Esquire with the firm Becker&Poliakoff,representing T-
Mobi1e,has requested a hearing to delete the condition attached to the Special Exception SE-54-09
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and to amend the stipulation in accordance with the findings from Site Safe rf Compliance Experts as
per the letter dated July 13, 2010;
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the City Commission of the City of Dania Beach grants approval to
delete the condition set forth in Resolution 2010-005,by removing the stipulation that the applicant
obtain FAA approval and confirmation that the location and height of the tower will not prohibit the
possibility of a north runway expansion at the Fort Lauderdale-Hollywood International Airport.
Section 2. That this approval shall automatically expire and become null and void unless
the applicant submits a building permit application and construction drawings within twelve (12)
months of City Commission approval, and that the applicant obtains a building permit (including
payment of all fees)within eighteen(18)months from the effective date of this Resolution.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on September 14, 2010.
�Sr C. K. McELYEA
o MAYOR-COMMISSIONER
ATTEST:o'A
r q ' �cJ
LOUISE STILSON CMC �
N �o
CITY CLERK a
APPROVED AS TO FORM AND CORRECTNESS:
A"--) , I k
THOMAS J. S R
CITY ATTORNEY
2 RESOLUTION#2010-139