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HomeMy WebLinkAboutR-2013-148 Approved Application for a Special Exception & Variance Request for Florida Power & Light Company at 760 NE 7 Avenue RESOLUTION NO. 2013-148 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE APPLICATION FOR A SPECIAL EXCEPTION (SE-61-13) FROM SECTION 835.50 OF THE CITY LAND DEVELOPMENT CODE,AND VARIANCE REQUESTS (VA-62-13NA-63-13) FROM SECTIONS 205.10 AND 835.50 OF THE CITY LAND DEVELOPMENT CODE, SUBMITTED BY ROBERT D. PRITT, REPRESENTING THE PROPERTY OWNER, FLORIDA POWER & LIGHT COMPANY, FOR PROPERTY LOCATED AT 760 NE 7' AVENUE IN THE CITY OF 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, Robert D. Pritt, on behalf of the property owner, Florida Power & Light Company, is requesting a Special Exception to install antennas to an existing pole for property located at 760 NE 7'h Avenue in the City of Dania Beach; and WHEREAS, Robert D. Pritt, on behalf of the property owner, Florida Power & Light Company, is requesting a variance to allow a thirteen feet (IY) building set-back where the City Code requires thirty-five feet (35') per Section 205.10, of the City Land Development Code ("LDC"); and WHEREAS, Robert D Pritt, on behalf of the property owner, Florida Power & Light Company, is requesting a variance to allow a height of ninety-two feet(92') where the City Code maximum is ninety feet(90') as per Section 835.50 of the LDC; and WHEREAS,the Community Development staff has reviewed this application and variance requests and recommends that the City Commission grant approval of the special exception request and variance requests; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That that certain application SE-61-13 and variances VA-62-13NA-63-13 described above,copies of which are attached as composite Exhibit"A",and are made a part of and are incorporated into this Resolution by this reference,are approved with the following condition: 1. The applicant shall submit the appropriate approval letters from both the Federal Aviation Administration(FAA)and Broward County Aviation Department(BCAD) indicating approval of the proposed antennas and the height of pole prior to obtaining Building Permits. Section 2. That co-location(sharing with another user)is prohibited without prior 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 full force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on December 10, 2013. ATTEST: LOUISE STILSON, CMC WALT R B,DUKE, III CITY CLERK MAYOR 'S FIRSpGr y APPROVED AS TO FO AND CORRECTNESS: THO S J ANSBRO CITY ATTORNEY roan , 2 RESOLUTION#2013-148 Taylor Lane-Zoning App r City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954)924-6805 X3643 Melffn (954)922-2687 Fax Standan I Development Apl Plication ❑ Administrative Variance OCT ' ' 2013 ❑ Land Use Amendment Planning ❑ Plat meht ❑ Rezoning Date Rec'd• ❑ Site Plan r- I,13 M Special Exception Petition No.:s c- 10 Variance v)k (P31-13 ❑ Other. (SEEAPPUCAMNrMESCNEDI/LEONPAGESBS¢J` (03— 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: 760 NE 7 Avenue Dania Beach,Florida 33316 Lot(s): Block: Subdivision: Recorded Plat Name: Folio Number(s): 5042-35-00-0010 Legal Description: see attached Applicant/Consultant/Lega i_epresentadve_(circie one) Robert D.Pritt,Roetzel&Andress Address of Applicant. 850 Park Shore Dr.,Trianon Center,3rd Floor,Naples.Florida 34103 Business Telephone: 239-649-6200 Home: Fax: 239-261-3659 E-mail address: rprittcEDralaw com Name of Property Owner: Florida Power&Light Co. Address of Property Owner: 700 Universe Blvd.,Juno Beach,Florida 33408 Business Telephone: Home: Fax: Explanation of Request: For Pkis please provide proposed Plat Name far Variances please attach CrIferfa as per Section 625.40 of the Land Development Code. Prop. Net Acreage: 7.60 Gross Acreage: Prop. Square Footage: Existing Use: FPL Transmission Corridor Proposed Use: same+wireless communication facility(attach antennas 1 of 4 to existing utility pole&place ground equip near pole) Is property owned individually, by a corporation, association, or a joint venture? 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 Ve r i ,n Wife-P 5s s oM 0< W re f i ve S (individual/firm) t) 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(Sty 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 r/ n ture was acknowledged BEFOR OF N•eap"am.MwEe. By: P , w+' E*M ON mme (Print name of person acknowledging) (3oint owner signature if applicable) Notary(Sig of Notary Public-State of a ,,/a�- Personally known v 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 MAMMATICALL YSCHEDULED FOR A MEETING, ALL APPLICATIONS MUST BE DETERMINED COMPLETE BYSTAFF BEFORE PROCESSINOOCCURS. 2 of 4 I1S PROVIDED BY C PARS TRACT � Lw-Nn THE SOUTH 260 FEET OF THE NORTH 295 FEET OF THE NORTHWEST 1 /4 OF THE NORTHWEST 1 /4, SECTION 35, TOWNSHIP 50 SOUTH, RANGE 42 EAST. BROWARD COUNTY, FLORIDA, LESS THE WEST 30' AND THE EAST 30' FEET THEREOF. verinwineless October 28,2013 Mrs. Maldonado,City Planner City of Dania Beach 100 W.Dania Beach Boulevard Dania Beach,FL 33004 Dear Mrs. Maldonado: Please consider this a letter to request permission for development of a transmitter site for Verizon Wireless. Previously, our site was located at Port Everglades and was removed earlier this year. The smoke stacks provided a Center line of 246 feet (AGL) for VZW antennas, with a range of approximately 1.8 miles radius. Presently,Verizon Wireless has a service from a FPL pole located at approximately 'Y4 mile from the original location, and a Center line of 128 feet (AGL); this site provides coverage of a 1.2 mile radius. To be concurrent with previous coverage our request must consist of an additional tower with an elevation of 92 feet. The proposed location to be considered is "FPL Taylor"located at 760 NE 7'h Avenue. Dania FL 333004. The requirement for this location will maintain necessary coverage for our users. Your prompt attention to this matter will be greatly appreciated. Looking forward to your response. Sincerely, Maria Dubon-Gimenez PX- Design Engineer Verizon Wireless � • • . •ra IVA I YTAWA E f t 1 } ! 1� • nt Coverage MIA 422 J pf �+ y Z, - } V: � � ■ ■ ■ Future Coverage MIA 421- 422 4bYR�tl9Y P IYb�+ OM .!!S Variance Criteria Analysis Petitioner offers the following response to the City's Variance Criteria in further explanation for its request for variances. Background: The variances are for: 1. Variance for distance to south property line from 35 feet to 13 feet. Authorization of an equipment compound to be located close by an existing utility pole owned by FPL to allow Verizon to locate a telecommunication antenna array on the pole. The antenna array was previously located on the Port Everglades Power Plant, and due to the recent implosion of the plant's smokestacks, it is necessary to provide the antenna and associated equipment compound at this location. Continuing maintenance of the highest quality service depends in part upon ensuring that the array be relocated and re-established as quickly as possible. (See site plan). 2. Authorization for the antennae to reach up to 92 feet in height, as opposed to 90 feet, to accommodate the antennae array on the existing utility pole. Explanation: An equipment compound, with coaxial cables running to the antennae located on the pole,must be located next to the pole and to be attached to the pole, in order for the antennae to function. The equipment compound cannot be located inside the existing utility lines. (Note: This is on an existing utility pole, and is not a telecommunications tower.) Response to specific variance criteria: In reference to the specific variance criteria contained in Sec.625-40, petitioner demonstrates the following: (1) That the requested variance maintains the basic intent and purpose of the subject regulations, particularly as it affects the stability and appearance of the city;. Response: The proposed equipment compound and associated equipment, next to an existing utility pole, will serve the purpose of providing a valuable service to the citizens of the City,the emergency E-911 system, persons in transit,and other users of cell phones and data transmission devices; without the necessity of locating and constructing a new telecommunications tower and accessory equipment compound, and will do so in an already industrialized area. (2) That the requested variance is otherwise compatible with the surrounding land uses and would not be detrimental to the community; Response: The surrounding existing land uses are industrial. To the north is the FPL transmission line; to the East is a cargo container facility; to the South is a boat maintenance facility; and to the west is vacant industrial land. (3) That the requested variance is consistent with, and in furtherance of, the goals, objectives and policies of the adopted Comprehensive Plan, as amended from time to time, and all other similar plans adopted by the city; Response: The Comprehensive Plan allows for industrial uses in the area of the subject property as well as telecommunications systems throughout the City, as provided in the Code. (4) That the plight of the petitioner is due to unique circumstances of the property or petitioner which would render conformity with the strict requirements of the subject regulations unnecessarily burdensome; Response: With the implosion of the power plant, upon which was located a Verizon antenna array, it became necessary to locate a new array in the close-by vicinity. The subject property, with the existing utility pole, well serves the need from a locational standpoint. However, the associated equipment shelter/compound requires variances for use and location upon that property. The coaxial cable and electronic lines must run to and from the compound to the antennae. That compound cannot be located in or under the electric transmission line for safety reasons. Thus, in order to have the shelter as close to the pole as possible, it is critical to locate it in the area specified in the plans. (5) That the variance requested is the minimum variance that is necessary to afford relief to the petitioner, while preserving the character, health, safety and welfare of the community. Response: This compound and equipment location variance is the least needed in order to make the antennae function and the result will be to be able to provide a valuable service to citizens, customers and the public through E-911 service. In granting any variance, the city commission or planning and zoning board, as applicable, may prescribe conditions and safeguards intended to mitigate potential adverse impacts from the variance and to ensure that the intent and purpose of the code is maintained. Response: The granting of this petition will not create any adverse impacts, will be in conformance with all federal, state and local requirements, and will ensure that the intent and purpose of this code will be maintained. In fact, it will tend to reduce at least in some way, the need for more stand-alone telecommunications facilities, higher structures, or facilities located in areas that may be more visually impacted. Further, granting of the variances will be consistent with the intent of Article 835 of the City Code and will effectuate its purposes. 2 Special Exception Analysis Petitioner responds to the special exception criteria in the Land Development Code as follows: Sec. 630-30. Supplemental application requirements. PP PP In addition to the general application requirements, the applicant shall provide the following materials: (A)The existing and proposed use of the property. Response: Existing Use: Utility Power transmission line and poles. Proposed Use: Telecommunications facility, with antenna on current pole, and associated equipment shelter, equipment, with coaxial cables and electrical service to the antennae. (B)The existing use, zoning, and land use designations of lands within seven hundred (700) feet of the subject property. Response: (C)A site plan meeting the requirements of article 635, "Site Plans" Response: Site Plan Provided. (D) Any other information as may be required for a determination of the nature of the proposed use and its consistency with the criteria for the approval of a special exception use. Response: As indicated above, the telecommunications antennae will be affixed to an existing utility pole,at 90 feet(92' to top of antenna). The associated equipment compound and equipment will be located as close as possible to the pole and the cables and electrical equipment will attach to the pole and to the antennae. Sec. 630-50. Special exception use review standards; application disposition. (A) The planning and zoning board or city commission, as applicable, shall review the application to determine whether the special exception use complies with the following standards: (1)That the use is permitted as a special exception use as set forth in the use regulations of part 1 of this code. Response: Telecommunication facilities are permitted as a special exception. (2) That the use will not cause a detrimental impact to the value of existing contiguous uses, uses in the general area, and to the zoning district where it is to be located. 3 Response: The contiguous uses and are industrial. The contiguous FPL transmission facility is consistent with a telecommunication facility and as proposed, neither use or facility is detrimental to the other (3) That the use will be compatible with the existing uses on contiguous property, with uses in the general area and 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. Response: As indicated, above, there is virtually no better location for this facility. It is on an existing utility pole; is of modest height (90-92 feet) which is minimal with regard to telecommunications facilities; the site(compound) is small and close to the pole. (4) That adequate landscaping and screening are provided to buffer adjacent uses from potential incompatibilities. Response: Adequate screening and landscaping plan will be provided by, a landscape plan. (5) That adequate parking and loading is provided, and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets. Response: There is very little need for parking,as the site is visited only when necessary for inspection or maintenance. After installation, this entails only periodic visits, normally by a single vehicle. (6) That the use will not have a detrimental environmental impact upon contiguous properties and upon properties located in the general area or an environmental impact inconsistent with the health, safety and welfare of the community. Response: See above. The property upon which the compound is to be placed has no environmentally-sensitive impacts. (7) 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. Response: See(5)& (6) above. (8) 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. Response: Not applicable. See(5) & (6)above. 4 (9) 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. Response: Not applicable. Contiguous property is developed. The only property that is undeveloped is industrial. (10) 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, uses located on contiguous properties, uses in the general area and the zoning in the vicinity due to its nature, duration, direction or character. Response: The use will not make sounds, and will not need lighting. It will not create fumes or odors and will have virtually no physical activities. (11)That the use will not overburden existing public services and facilities. Response: The use will not overburden existing public services and facilities. In fact, it is similar to a public service or facility in that it will provide E-911 service as well as commercial service. 7680977 3 106458.0009-10/23/2013 2:32:55 PM 106458.0009 5 ! 1 In E_� p r se_ Q3t a 6 haJ n.snnn "FOe1wa'+rm.ies� � � Ili �� _i s ii SF l � tR "7�a4Y'ri�b 3 {■{' {'on: I .di aisisi�s:iseiee'a:-!we �4 �aAE�sY�y. .......T EnY''i:'.�S'lC.�xC-• - 1QIxbh '-letl YpsV tYMlFF!l��FM•!!M!M• I T7r{ p Y S IM • :.M xp't.w. 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Se H 6 00e90 Oa®® all $ ° — ill si Rif C O CdVIP =----- C VP 4 F VI p Y9Z1 G € � COP n V Z � � g 3 u t� & W F z z 0 0 s� �s --- ----- NOTICE OF PUBLIC HEARINGS := ON LAND DEVELOPMENT CODE AMENDMENTS CITY OF DANIA BEACH,FLORIDA A Public Hearing will be conducted by the City of Dania Beach City Commission meeting on the following date: DATE: Tuesday,December 10, 2013 TIME: 7:00 p.m. or as soon thereafter as the same may be heard PLACE: City Commission Chambers Dania Beach Administrative Center 100 West Dania Beach Blvd. Dania Beach, FL 33004 SE-61-13NA-62-13NA-63-13: The applicant, Robert D. Pritt, representing the property owner, Florida Power & Light Company, is requesting a special exception and variances for the construction of a new equipment compound and installation of new antennas to an existing utility power transmission pole at 760 NE 7 Avenue. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE APPLICATION FOR A SPECIAL EXCEPTION (SE-61-13) FROM SECTION 835.50 OF THE CITY LAND DEVELOPMENT CODE, AND VARIANCE REQUESTS (VA-62-13NA-63-13) FROM SECTIONS 205.10 AND 835.50 OF THE CITY LAND DEVELOPMENT CODE, SUBMITTED BY ROBERT D. PRITT, REPRESENTING THE PROPERTY OWNER, FLORIDA POWER & LIGHT COMPANY, FOR PROPERTY LOCATED AT 760 NE 7TH AVENUE IN THE CITY OF DANIA BEACH;PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Legally described: A portion of the South 260 fee of the North 295 feet of the Northwest '/4 of the Northwest '/4, Section 35, Township 50 South, Range 42 East, Broward County, Florida, being more particularly described as follows: Commence at the Northwest corner of said section 35, thence South 00*59 51 East, along the West line of said section 35, a distance of 35.00 feet,thence departing said West line,North 88 *19'33" East, a distance of 784.51 feet, thence South 01*40'27"feet, a distance of 222.28 feet; thence South 88*19'33" West, a distance of 6.00 feet to the point of beginning, thence continue North 01*40'27" West, a distance of 30.00 feet, thence South 01*40'27" East, a distance of 37.71 feet to the North right of way line of Taylor Lane, thence South 88*19'29" West, along said North right of way line, a distance of 15.00 feet, thence departing said North right of way line,North 01*45'01"West, a distance of 52.71 feet, thence North 88*19'33"East, a distance of 45.07 fee,thence South 01*40'27"East,a distance of 15.00 feet to the point of beginning. Containing 0.0285 acres or 1242 square feet, more or less. Copies of the proposed requests are available for viewing in the Community Development Department, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during normal business hours. For more information please call the Planning Division at(954)924-6805 x3643. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact the City Clerk's office, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-6800 x3623, at least 48 hours prior to the meeting. Please be advised that if a person decides to appeal any decision made by Local Planning Agency, the Planning and Zoning Board or the City Commission with respect to any matter considered at this hearing, such person will need a verbatim record of the proceedings and for this purpose such person 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. The city does not provide or prepare such record pursuant to f.s. 286.0105. Community Development Department Planning Division Publish: Friday,November 29,2013 I I LOCATION MAP SE-61-13;VA-6243 m VA-63.13 Special Exceptions 3 variances 760 NE 7th AVENUE Site Locetlon VERIZON ` Legend Q 3W Radko s AgKSf °js MNa Cube Carol HE MO TER �PoRFAC� 1