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HomeMy WebLinkAboutCity of Tamarac Resolution R-2013-104Temp Reso. No. 12403 September 11, 2013 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2013- / d A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING A SPECIAL EXCEPTION PETITION TO ALLOW FOR THE PLACEMENT AND CONSTRUCTION OF A ONE HUNDRED AND TWENTY-FIVE (125) FOOT TALL TELECOMMUNICATION TOWER AT THE SOUTHERN PORTION OF THE HAMPTON INN PROPERTY WITHIN A B-2 (PLANNED COMMUNITY BUSINESS) ZONING DISTRICT; FOR THE SUBJECT PROPERTY SPECIFICALLY LOCATED AT 4499 WEST COMMERCIAL BOULEVARD (PARCEL A OF THE WYNNE COMMERCIAL PLAT ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 162) PAGE 43 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA) PURSUANT TO SECTION 24-702 (A) AND (B), OF THE TAMARAC CODE OF ORDINANCES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 24-702 (a) and (b) of the Code of Ordinances of the City of Tamarac, Florida provides for the granting of a Special Exception for a telecommunication tower that is not proposed on City owned property in compliance with the minimum standard and location requirements: and WHEREAS, H. Lee Chapman, III designated agent for the property owner, Wynne Building Corp., is requesting approval of a Special Exception petition to allow for the placement and construction of a one hundred and twenty-five (125) foot tall telecommunication tower at the southern portion of the Hampton Inn property located within a B-2 (Planned Community Business) zoning district pursuant to Section 24-702 (a) and (b) of the City's Code of Ordinances; for the property specifically located at 4499 West Commercial Boulevard (Parcel A of the Wynne Commercial Plat according to the Plat thereof, as recorded in Plat Book 162, Page 43 of the public records of Broward County, Florida); and Temp Reso. No. 12403 September 11, 2013 Page 2 WHEREAS, the proposed Special Exception is in compliance with the City's Comprehensive Plan as it supports the City's Goals, Objectives and Policies regarding neighborhoods (residential and nonresidential) that are attractive, well maintained, and that contribute to the health, safety, and welfare of their residents and users; and WHEREAS, the proposed Special Exception is consistent with the adjacent residential neighborhoods relative to the proposed intensity, building mass, and aesthetic impact of the requested use; and WHEREAS, the Planning Board recommended approval of this application at its September 4, 2013 public hearing; and WHEREAS, the City Commission of the City of Tamarac finds that granting the petition for Special Exception would be in keeping with the public health, safety and general welfare of the City of Tamarac; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to approve this Special Exception petition to allow for the placement and construction of a one hundred and twenty-five (125) foot tall telecommunication tower at the southern portion of the Hampton Inn property located within a B-2 (Planned Community Business) zoning district pursuant to Section 24-702 (a) and (b), of the City's Code of Ordinances; for the property specifically at located 4499 West Commercial Boulevard (Parcel A of the Wynne Commercial Plat according to the Plat thereof, as recorded in Plat Book 162, Page 43 of the public records of Broward County, Florida). Temp Reso. No. 12403 September 11, 2013 Page 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: That this Special Exception petition to allow for the placement and construction of a one hundred and twenty-f ive (125) foot tall telecommunication tower at the southern portion of the Hampton Inn property located within a B-2 (Planned Community Business) zoning district pursuant to Section 24-702 (a) and (b), of the City's Code of Ordinances; for the property specifically at located 4499 West Commercial Boulevard (Parcel A of the Wynne Commercial Plat according to the Plat thereof, as recorded in Plat Book 162, Page 43 of the public records of Broward County, Florida); and is HEREBY APPROVED. SECTION I All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it shall not affect the validity of the remaining portions or applications of this Resolution. Temp Reso. No. 12403 September 11, 2013 Page 4 PASSED, ADOPTED AND APPROVED this day of )2013. MAYOR ATTEST: PATRICIA TEUFEL,FMC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR TALABISCO —/qe,--4 DIST 1: COMM. BUSHN LL DIST 3: COMM. GLASSER DIST 4: V/M. DRESSLER I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM f SAMUEL S. GOREN CITY ATTORNEY