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Home My WebLink AboutR-2013-044 Approved request for special exception SE-42-12 submitted by BC Water & Wastewater Services for property located at 4890 SW 40 Avenue to allow a 130 ft monople telecommunications tower RESOLUTION NO. 2013-044 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR A SPECIAL EXCEPTION(SE-42-12)SUBMITTED BY BROWARD COUNTY WATER AND WASTEWATER SERVICES, FROM THE DANIA BEACH LAND DEVELOPMENT CODE, SECTION 835,"TELECOMMUNICATION TOWERS AND ANTENNAS",FOR PROPERTY LOCATED AT 4890 SW 40TH AVENUE, DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Part 2, Article 835 of the Dania Beach Land Development Code sets the "Telecommunication Tower Regulations" in the City of Dania Beach; and WHEREAS, Broward County Water and Wastewater Services is requesting a special exception to allow a 130 foot monopole telecommunications tower for property located at 4890 SW 40'h Avenue, in the City of Dania Beach; and WHEREAS, the Community Development staff has reviewed this application and recommend that the City Commission grant approval of the special exception request; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That that certain application SE-42-12 described above, a copy of which application is attached and made a part of this Resolution as Exhibit"A",is approved. Section 2. That.co-location (sharing with another user) is prohibited without written consent by the City Commission. 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 April 23,2013. ATTEST: P LOUISE STILSON, CMC WAVER B,DUKE,III CITY CLERK e MAYOR APPROVED AS TO FO AND CORRECTNESS: 0 THO J. ABRd CITY ATTOfRNEY 2 RESOLUTION#2013-044 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: April 23, 2013 TO: Robert Baldwin, City Manager VIA: Marc LaFerrier, AICP, Direcw/z----� FROM: Kristin Dion, AICP, City Planner SUBJECT: SE-42-12: The applicant, Broward County, is requesting a special exception to locate a new communication tower on the northwest comer of a property at 4980 SW 40th Ave. SPECIAL EXCEPTION To allow a new communication tower to be constructed (835-50(D)). PROPERTY INFORMATION: ZONING: Industrial General (IG) FUTURE LAND USE: Industrial The applicant is proposing a 130 foot tall monopole tower used for the transmission of radio signals. The proposed tower is located at the existing Broward County Water and Wastewater Utility Plant located on the east side of SW 40th Avenue approximately 700 feet south of Griffin Road. According to the applicant, Homeland Security deems Water and Wastewater Services facilities as critical infrastructure. Therefore, Water and Wastewater Services is required to maintain complete control of network communications. The proposed tower operator and property owner is Broward County and therefore this does not include a leased area. The tower will be used solely for Supervisory Control and Data Acquisition (SCADA) communications. The proposed tower is 190 feet from the 40t"Avenue right of way, 22 feet from the northern side property line, 431 feet from the eastern property line, 310 feet from the southern line and just north of an existing building. Associated conduit will be underground property � J 9 g 9 and the proposed panel will be attached to a side wall of the existing building. There will be no ground equipment. The tower will be secured with an 8 foot perimeter fence. There is also an existing 6 foot fence around the entire site which is secured and has limited restricted access. The site is located to the north and west of residential development and residential development is also located to the west of the site across SW 40th Avenue. Vacant commercial property is located to the north. According to city code, new towers must be a - minimum of 250 feet from any residential district. The proposed tower is approximately 270 feet from the closest residential property, which is located on the other side of SW 40th Avenue, west of the site. _ PREVIOUS CITY COMMISSION ACTION On February 26, 2013, the City Commission denied this request by a 3-2 vote. The initial request was for a 135 foot tall tower and also included a variance from the code requirement of an 8 foot perimeter fence. On March 4, Gregory Balicki, PE, Director of Broward County Water and Wastewater Division requested that the Commission reconsider this item. On March 12, 2013, the City Commission voted in favor of reconsidering this special exception request. The applicant has now amended the request to reduce to the height of the tower to 130 feet and is installing the 8 foot perimeter fence around the tower, thereby eliminating the previous variance request. The applicant is restricting the use of the tower to WWS SCADA communications only and the resolution has been amended to reflect this restriction. This facility provides utility service to residents of Dania Beach as well as Broward County. STAFF RECOMMENDATION Approve. - 3 rift r - City of Dania Beach, Florida Department of Community Development Planning and Zoning Division e►� (954)924-6805 X3643 ohtvpx Standard Development Application ❑ Administrative Variance OCT O 4 1012 , ❑ Land Use Amendment ❑ Plat Plan on ❑ Rezoning Date ReddU ❑ Site Plan 06ie l Exception Petition No.: Variance ❑ Other: (SEEAPPUCATJON rMSCHEDULE ON PMES 3&4) THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at"all meetings. All projects must also obtain a building permit from the City Building Division. For more information please reference.the Dania Beach Land Development Code Part 6, Development Review Procedures and Requirements. Location Address: 4890 SW 40t', Avenue, Dania Beach, Florida. Lot(s): 10 Block: 2 Subdivision: Recorded Plat Name: Broward County Utility Plant No. 3 A site Folio Number(s): 504231-11-0010 Legal Description: Broward County Utility Plant 3A site, P6114, pg35A, Parcel"A". Applicant/Consultant/Legal Representative(circle one) Apniioant Address of Applicant: 2555 West Copans Road, Pompano Beach, Florida 33069 Business Telephone: (954)831-0907 Home: Fax: (954) 831-0798 E-mail address: charris@broward.org Name of Property Owner: Broward County Water&Wastewater Services Address of Property Owner: 2555 West Copans Road, Pompano Beach, Florida 33069 Business Telephone: 954 831-0703 Home: Not Applicable Fax: 954 831-0798 P ( ) PP ( ) Explanation of Request: Request to construct NON=CELLULAR phone antenna tower on owner's property. For Plats please provide proposed Plat Name for Variances please attach Cnt+eNa SYa as per Section 625.40 of the Land Development Code, Prop. Net Acreage: Gross Acreage: Prop. Square Footage: Existing Use: Water&Wastewater Facility Proposed Use: Same 1 of 4 Is property owned individually, by a corporation, association, or a joint venture? Property is owned by Broward County Water and Wastewater Services, AUTHORIZED REPRESENTATIVE I/we are fully aware of the request being made to the City_of Dania Beach. If I/We are unable to be present, I/we hereby authorize ekj&t Construction Managers Inc. (individual/firm) to represent me/us in all matters related to this application. I/we hereby acknowledge that the applicable fee was established to offset administrative costs and is not refundable. I/we are fully aware that all approvals automatically expire within 12 months of City of Dania Beach Planning and Zoning Board or City Commission approval, or pursuant to the expiration timeframe listed in Part 6 of the Dania Beach Land Development Code. STATE OF FLORIDA COUNTY OF BROWARD By: The foregoing instrument ( er/ signature*) was acknowledged BEFORE ME THIS 44 DAY OF 60�be Y , 20 (�-' By: GG gory M. Balicki, P.E. (Print name of person acknowledging) (Joint owner signature if applicable) Notary /Ve ri 4/?q �- LUZ ANK L (Signature of Notary Public—State of on Nowt'P„k.aaa aft* MY Coffin.� ,W 2,10 sets. '/ �0 EE 1114es Y Personal) known /' or Produced Identification Type of identification produced: or Drivers License *If joint ownership, both parties.must sign. If partnership, corporation or association, an authorized officer must sign on behalf of the group. A notarized letter of authorization from the owner of record must accompany the application if an authorized agent signs for the owner(s). NO APPLICATION WILL HEAUTOMATICALLYSCHEDULED FOR A MEETING, ALL APPLICATIONS MUST BE DETERMINED COMPLETE BY STAFF - BEFORE PROCESSING OCCURS. 2 of 4 NOTICE OF PUBLIC HEARINGS ON LAND DEVELOPMENT CODE AMENDMENTS CITY OF DANIA BEACH,FLORIDA A PUDLC Hearing will be conduct ed by the City of Dania Beach City Commission meeting.on the fol- lowing date DATE Tuesday,April`13,2013 TIME:]00 p.m.or as oon thereaf- ter as the same may Je heard PLACE City Commission Cham- hers Dania Reach Administrative Cen- ter 100 West Dania Beach Blvd. - Dania Beach,FL 33004 SE-42-12: The applicant, Bro- ward County. is requesting a spe- cial exception and associated van- ance to locate a new communicd. tion tower on the northwest corner of a property at 4980 SW 40th Ave A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DA- NIA BEACH. FLORIDA, APPROVING THE REQUEST FOR A SPECIAL EX- CEPTION(SE-42.12)SUBMITTED BY BROWARD COUNTY WATER AND WASTEWATER SERVICES, FROM THE DANIA BEACH LAND DEVELOP- MENT CODE, SECTION 835. "TELECOMMUNICATION TOWERS AND ANTENNAS", FOR PROPERTY LOCATED AT 4890 SW 40TH AVE- NUE, DANIA -BEACH; PROVIDING =UR CONFLICTS, FURTHER, PRO- VIDING FOR AN EFFECTIVE DATE Legally described as BRO'WARD COUNTY UTILITIES PLANT NO 3A SITE 114.35 8 PARCEL A Copies of the proposed special exception and variance are availa- ble for viewing in the Community Development Department. 100 West Darya Beach Boulevard Da. ma Beach,Florida,and may be in- spected by the public during nor-oral business hours- For more in formation please call the Planning DMslon at(954)924-6805 x3643 in accordance with the Ameri. cans with Disabilities Act,persons needing assistance to participate trn any of these proceedings should contact the City Clerk's office, tOC Vv Dania Beach Blvd,Dania Beach FL 33004,(954)924-6800 x3623,at least 48 hours prior to the meet- - mg Please be advised that if a per- son decides to appeal any decision made by the City Commission with respect to any matter considered at this hearing, such person will need a verbatim record of the pro- ceedings and for this purpose such person may need to ensure that a +eibatirn record of the proceed- is made. which record in- ;IuneS the teStinnocy and evidence - jpon which the appeal is to based The city does not provide or pre- pare such-record pursuant to I s ,96 0105 . Community Development UeOart- ment Planning Division - April 12.2013 SUN SENTINEL PROOF Customer CITY OF DANIA(PARENT) Contact: . DONF\IA KiRB Phone 9�49?�o7J^ Ad Number. 14156931 Insert Dates: .04117.-201 i — Printed By: CH15 Date:04/05/2013 Price: 197.05 Signature of Approval: _.....- _-. Date:-_ BFQNARD UNTY Public Works Department•Water and Wastewater Services WATER AND WASTEWATER ENGINEERING DIVISION 2655 West Copans Road•Pompano Beach,Florida 33089.964-83"746•FAX 954-831-0798/0925 DATE: - March 4, 2013 TO: Robert Baldwin, City Manager City of Dania Beach THRU: Marc LaFerrier,AICP, birector Community Development Department City of Dania Beach THRU: Dominic Orlando, P.E. Director Public Services Department City of Dania Beach FROM: Gregory M. Balicki, P.E. Director Broward County Water&WastevLt r Division SUBJECT: RESOLUTION NO. 2013-020 APPLICATION MODIFICATION: SE42-121VA-53-12: SPECIAL EXCEPTION -New communication tower construction (835-50(D)). Broward County Water and Wastewater Services (WWS) application to construct to a 135 foot monopole tower at the existing Broward County Water and Wastewater Utility Plant, located on the east side of SW 40th Avenue and approximately 700 feet south of Griffin Road in the City of Dania, appeared before the Dania Beach City Commission on Tuesday, February 26, 2013. The item was not approved by a 3-2 vote. WWS respectfully requests that this item be reconsidered for approval by the Dania.Beach City Commission given that the original application will be modified to include the following revisions. 1. The original application submitted to the City on November 19, 2012 included a variance request (VA-53-12) to omit the 8' perimeter fence required by City code. WWS has no objection to the construction of the 8' fence as required. This change will.be reflected on the revised application plan set and the variance will not be requested. _ 2. Homeland Security deems WWS facilities as critical infrastructure. Therefore, WWS is required to maintain complete control of network communications. WWS will prepare a statement to the application restricting the use of the tower to WWS SCADA communications ONLY. The overall height of the proposed tower has been changed from 135 feet to 130 feet as a result of Broward County Board of County Commissioners Sue Gunzburger•Dale V.C.Hotness Kristin Jacobs•Martin David War•Chip LaMarca•Stacy Ritter•Tim Ryan•Barbara Sharief-Lois Wexler www.broward.oro Robert Baldwin, City Manager City of Dania Beach Page 2 of 2 March 4, 2013 repositioning the antenna. The pole height, which was determined through a line of sight study, remains unchanged. Based on the aforementioned application modifications, WWS would greatly appreciate your assistance regarding this item. If you have any questions or need further information pertaining to this request please contact me at Ph: (954) 831-0903 or gbalicki .broward.org. Thank you. GMB/mb cc: File:9003.3—1.07 _ r _ e Y LU WtA ~ Ir figs r F r ja��}R� g$ypy A. 8qa Emit VW1 Ise W =7ji g S R W p flit1p Wsy��'w W IL V— ui Z Z �= oa_ O s` t t E j i k'o zw o zm_ FE -jzz agfi IZ ace uj x till o W ly s r F Ny It 15, K= I H _* 3� .. - H ' IWIPM Bpi S 3ftc. f�� 3«a :i �cd2EJ# �1 si6ksG3 6 c�i� (� 610 " r ` ' w _ t AT i01 tj y j b o 8 z0:z N CL U 3 Wd F �W �_QJ O 3 r yry AGLY' Rq� �a o= L L yzo a rc- G �04 X Q Qom' ±�v� �� ••o�� W 1� � � 161? p m 1 S ys W C C y{yl�pW�p 00� } zp.1 OHO F u O gym 0 4 o15 �N �=2�Zpji m � F- > �� 6I �W tom.y rK _ e O , ■■#�- en T ` § p§§ , §� tom ® CL Ulm rr■■� § 1 %9 | 09 x� . | 2 — )e)a :_ ! d k 12 | !. . |°| OR | %| . |� §| |$ / § Z |& ■ - � lot IN . . §|; i}. ® $ ¥- ■ f� � � � « �_ ■ ■ || � / � �� k � . � : A 1 » 9kr; ° ■ ;/:q h �fh� eala " �■ �. 2 - :. 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