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HomeMy WebLinkAboutResolution Zoning 98-Z- 6 RESOLUTION NO. 98-z..6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING UNUSUAL USE PERMIT OF OMNIPOINT COMMUNICATIONS MB OPERATIONS, INC.; PROVIDING FOR APPEAL. WHEREAS, Omnipoint CommunicationsMB Operations, Inc., had applied forthe foUowing: (1) Unusual use to permit a cellular communication facility consisting of multiple panel antennae. A plan is on filed and may be examined in the Zoning Department entitled "Omnipoint Communications, Inc.," as prepared by Black & Veatch, dated 10-3-97 and consisting of3 sheets. Plans may be modified at public hearing. SUBJECT PROPERTY: The part of the south 100. of Lot 3, TATUM'S OCEAN PARK SUBDMSION, Plat Book 10, Page 64, lying My of and being contiguous with, the E/ly line of Ocean Boulevard, State Road No. 140 (nlkla: State Road A-I-A), Plat Book 45, Page 66, together with littoral and riparian rights adjacent and appurtenant thereto. ALSO: That part of the north 100' of Lot 2, TATUM'S OCEAN PARK SUBDIVISION, Plat Bok 10, Page 64, lying Elly of and being contiguous with, the E/ly line of Ocean Boulevard, State Road No. 140 (nlkla: State lload A-I-A), Plat Book 45, Page 66, together with littoral and riparian rights adjacent and appurtenant thereto. LOCATION: 17275 Collins Avenue. WHEREAS, on December 11, 1997, the City Commission granted a conceptual approval with an authorization of the City Manager to administratively approve any application that might be filed prior to the passage of Ordinance 97-14, establishing a moratorium on the issuance of permits for wireless transmission and tower facilities within the municipal limits, provided that the City Manager finds that such antennae would have no visual impact from the street; and WHEREAS, in accordance with the Code of Metropolitan Dade County, a final public hearing on the matter was required; and WHEREAS, the City Commission considered the issue that the granting of such an unusual use would not generate or result in excessive noise or traffic, cause undue or excessive burden on public facilities including water, sewer, solid waste disposal, recreation, transportation, streets, roads, highways or other such facilities which have been constructed or which are planned and budgeted for construction, are accessible by private or public highways, tend to create a fire or other equally or 0Imip0int ZooiDg Resolulian greater dangerous hazards or provoke excessive overcrowding or concentration of people or population, when considering the necessity for and reasonableness of such applied for unusual use in relation to the present and future development of the area concerned and compatibility of the applied for exception or use within such area and development; and WHEREAS, the City Commission, based upon the recommendations of Dade County staff' and the previous approval by the City Manager, found there to be no said impact of granting such unusual use from any street; NOW lHEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF lHE CITY OF SUNNY ISLES BEACH, FLORIDA, that the requested unusual use is hereby approved subject to the following conditions: (1) The applicant comply with aU conditions set forth by the Department of Planning, Development and Regulations of Dade County, acting as staff for the City of Sunny Isles Beach pursuant to Interloca1 Agreement; and (2) The Building Official may issue permits in accordance with the tenns of this Resolution. This Resolution sball become effective upon adoption. PASSED AND ADOPTED TInS 22'" day OfJlDIUlII}'~ ~. ~7\ David Samson, Mayor "- ATTEST: rJZ~~~~~ Richard Brown-Morilla, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~~-:., L M. Dannheisser, City Attorney " " ~~ M()tTow moved and Commissioner Kauffirtan seconded approval of the requested ~ . ". /, (..; .... ~\}sua1 use ~~ and upon a roU call the vote was 5-0 in favor: u. _~.~' t '.4~ \- .' " .,' :~'-(;,. f ...... .tf.. '1:"':.--- ,-j ,--.~.,!'\ .., ... "'\, "'. .' ",r."",_ '\ '-..j .,... ;'..:,,'.'~~~..~ " 1) it ~' ... :,:'$., ~_" ~"t'<to ,." , . RllI/JIIlIi_ ,~ .v , ..., /'." . '.',""-' t} ....~.,,~)'.. .. Ii .~,. . Mayor Samson aye -2- Vice Mayor Turetsky aye Commissioner Iglesias aye Commissioner Kauffinan aye Commissioner Morrow aye 0\nIlip0iIIt ZcIJq Raollllion .3.