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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-199June 27, 2001 - Temp. Reso. #9438 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-199 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING A SPECIAL EXCEPTION TO ALLOW THE REPLACEMENT OF AN EXISTING 170 FOOT (170') GUYED AM BROADCAST TOWER WITH A NEW, STRUCTURALLY IMPROVED 170 FOOT (170') GUYED AM BROADCAST TOWER AND THE ADDITION OF THREE (3) WIRELESS SERVICE PROVIDERS TO THE ANTENNAS OF THE TOWER IN AN A-1 (LIMITED AGRICULTURAL DISTRICT) ZONING CATEGORY TO WRBD-ROCK ISLAND ROAD PROJECT, LOCATED AT 4431 ROCK ISLAND ROAD; SPECIFICALLY THE SE '/ OF THE SE'/ OF THE SE 1/4 OF SECTION 14, TOWNSHIP 49 SOUTH, RANGE 41 EAST OF THE "FORT LAUDERDALE TRUCK FARMS" PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; CASE NO. 7-Z-01; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Code of the City of Tamarac provides for the granting of a special exception to allow the replacement of an existing 170 foot (170') guyed AM Broadcast Tower with a new, structurally improved 170 foot (170') guyed AM Broadcast Tower and the addition of three (3) wireless service providers to the antennas of the tower in an A-1 (Limited Agricultural District) zoning category to WRBD-Rock Island Road Project, located at 4431 Rock Island Road; specifically the SE'/ of the SE'/ of the SE'/ of Section 14, June 27, 2001 - Temp. Reso. #9438 2 Township 49 South, Range 41 East of the "Fort Lauderdale Truck Farms" Plat, according to the Plat thereof as recorded in Plat Book 4, Page 31 of the Public Records of Broward County, Florida; and WHEREAS, the Planning Board held a public hearing on June 26, 2001, thereon and has recommended approval of this application; and WHEREAS, the Director of Community Development recommends approval of this application; 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 grant this special exception to allow the replacement of an existing 170 foot (170') guyed AM Broadcast Tower with a new, structurally improved 170 foot (170') guyed AM Broadcast Tower and the addition of three (3) wireless service providers to the antennas of the tower in an A-1 (Limited Agricultural District) zoning category to WRBD-Rock Island Road Project, located at 4431 Rock Island Road; specifically the SE'/ of the SE'/ of the SE'/ of Section 14, Township 49 South, Range 41 East of the "Fort Lauderdale Truck Farms" Plat, according to the Plat thereof as recorded in Plat Book 4, Page 31 of the Public Records of Broward County, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 1 June 27, 2001 - Temp. Reso. #9438 3 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 the Petition for special exception to allow the replacement of an existing 170 foot (170') guyed AM Broadcast Tower with a new, structurally improved 170 foot (170') guyed AM Broadcast Tower and the addition of three (3) wireless service providers to the antennas of the tower in an A-1 (Limited Agricultural District) zoning category to WRBD-Rock Island Road Project, located at 4431 Rock Island Road; specifically the SE'/ of the SE'/4 of the SE'/ of Section 14, Township 49 South, Range 41 East of the "Fort Lauderdale Truck Farms" Plat, according to the Plat thereof as recorded in Plat Book 4, Page 31 of the Public Records of Broward County, Florida , requested by Alan L. Gabriel, Esq.; Case No. 7-Z-01, is HEREBY APPROVED. SECTION 3: Conditions of approval: 1. The applicant shall be required to pay all appropriate fees associated with the special exception. 2. The special exception is transferable administratively pursuant to compliance with City Codes, submitting documentation and payment of fees. SECTION 4: All resolutions or parts of resolutions in conflict herewith are June 27, 2001 - Temp. Reso. #9438 4 hereby repealed to the extent of such conflict. SECTION 5: 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 application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 111h day of July, 2001. JOE SCHREIBER MAYOR ATTEST: RECORD OF COMMISSION VOTE: MARION SVVENSON, CMC CITY CLERK MAYOR SCHREIBER A e/ DIST 1: COMM. PORTNER A el DIST 2: COMM. MISHKIN A e. I HEREBY CERTIFY that I DIST 3: V/M SULTANOF Ave., have approved this DIST 4: COMM. ROBERTS ill e, RESOLUTION as to form. E.M1TCHELL S. K CITY ATTORNEY com and ev\u:\pats\u serdata\wpdata\res\9438reso WRBD- Rock Island Project CASE NO. 7-Z-01- TEMP RESO #9438 - -- -- . �,.�••y, :r ..•.. " , � " ..,�' ; � . , c Via, ..r..` <� - SITS _ T :} \ S1 _ S_1 ._ S-1 (.. �_T_IILIITTI�LI�I - -- - I_ N 500 0 500 Feet lA CT CITY COMMISSION City of Tamarac � pe July 11, 2001 - - J. Christopher King 7525 N.W. 88th Ave., Tamarac, Florida 33321-2401 Director Telephone: (954) 724-1292 Special Exception ConmunityDeveloprrent Facsimile, 724-2453 Jul -03-01 12 = 38P C i ty5cape/Towe-rAMe_r i ca 954 757 9994 P . 02 DESIGNATION OF AGENT FOR QUASI-JUDICIAL PROCEEDINGS DATE: CASE NO.: 7- Z - D/ IN THE MATTER OF: dfWRBD/Rockial pIsland Project Revised site plan Approval ANY PERSON APPEARING ON YOUR BEHALF, IN YOUR ABSENCE, MUST BE DESIGNATED AS YOUR AGENT ON THIS FORM OR SUCH PERSON WILL NOT BE ENTITLED TO SPEAK AT THE QUASI-,IUCIDIAL HEARING AND THE MATTER MAY BE DETERMINED WITHOUT THE BENEFIT OF THEIR TESTIMONY. Alan L. Gabriel, Esq., or any other member of the Law Office of Alan Gabriel; , WILL ATTEND THE QUASI-JUDICIAL (insert name of Agent) HEARING TO BE HELD ON IN MY ABSENCE. IN ADDITION, A' ' gl .-._. �� HAS MY PERMISSION TO ACT AS MY AGENT IN ALL MATTERS RELATING TO ANY PROCEEDINGS RELATED TO 4431 Rock island Road (Address of subject property) THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING. UR F OW R: wRBD, Inc. Anthony T. Lepore, Secretary (Print Name of Owner) STATE OF FLORIDA: COUNTY OF BROWARD: NAME/ADDRESS AND PHONE NO. OF DESIGNATED AGENT; 1) Alan L. (Sabriel, Esq. (Print Name of Designated Agent) 1) 2455 E Sunrise Blvd., Penthouse Eas 954) 561-2230 954) 561-7489 fax Phone: _. _ Iax: e foregoing instrument was jackno ledged before me this ��� day of 200L, by .cto - owner of property, who is ec ona know me or has proc i ntification ( land Who (did/did trot) take an oath. My Commission Expires: `�OF flo MARY KAY MILES-KOCH rAAr o My Comm ExP 511/04 No, CC 92aISo Pwally Knoll n I 1 omw I.o (type of identification) Nota Pu c State of Florida (Typ6 or print name of Notary) - Jul-03-01 10=18A CityScape/Tower merica 954 757 9994 LAW OFFICES ANTHONY T. LEPORE, ESQ., P.A. Admitted Florida and Massachusetts Bar City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 Attn: Claire P.Q. Box 823662 SOUTH FWRIDA. FWRIDA 33082-3662 email: radiotvlaw• ;a; aol.eom July 3, 2001 RE. 4431 Rack Island Road - Owner: WRBD, Inc. Dear Claire: TELEPHONE (954) 433-2126 iHCSIMILE (954) 436-6288 Please let me confirm that I represent WRBD, Inc., the owner of the above reference property, which has applications(s) pending before the City of Tamarac for the replacement of an existing AM tower and the inclusion of wireless providers on the replacement tower. The President of WRBD, Inc., Rex B. Rivers, is currently somewhere in Germany and cannot be reached by telephone or fax at this time. I am general counsel for the corporation as well as assistant Secretary and have been authorized to sign any application documents relating to this project on behalf of WRBD, Inc. If you have any questions concerning the foregoing, please do not hesitate to contact the undersigned. JSe ly, n Lepore, Esq. ATL: ms P.02