Loading...
Res. No. 077-04-11856RESOLUTION NO. 77-04-11856 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20 -5.8 OF THE LAND DEVELOPMENT CODE TO CONSIDER A SPECIAL USE REAPPLICATION TO ALLOW FOR THE INSTALLATION OF A STEALTH ROOFTOP CELLULAR ANTENNA TOWER ON PROPERTY LOCATED AT 6781 SUNSET DRIVE WITHIN THE "PI ", PUBLIC / INSTITUTIONAL ZONING DISTRICT WHEREAS in October, 2003 First Baptist Church of South Miami and Verizon Wireless submitted an application for a special use to allow a stealth rooftop cellular antenna tower on property located at 6781 Sunset Drive "PI" Public / Institutional Zoning District; and WHEREAS, the approval of a special use requires a recommendation from the Planning Board and the affirmative vote of four members of the City Commission after public hearing; and WHEREAS, on November 25, 2003, the Planning Board failed to adopt a motion with conditions recommending approval of the special use application; and. WHEREAS, on December 16, 2003, the City Commission conducted a public hearing and adopted Resolution No. 227 -03 -11777 which denied the special use application; and WHEREAS, in January 2004, Verizon Wireless notified the City that it was filing a legal action challenging the City's denial of the application; and WHEREAS, the Circuit Court has directed the two parties to work out an agreement which has resulted in the City agreeing to reconsider the special use approval and the applicant agreeing to make changes in the proposal which would permit reconsideration; and WHEREAS, Sec.20- 5.8(E) of the City's Land development Code entitled "Special Use Reapplication" provides that a reapplication for a special use shall not be accepted by the city within twelve (12) months of the date of final disapproval by the city commission of a previous application for a special use involving the same or substantially the same property, unless evidence is submitted to and accepted by the City Commission which justifies such reconsideration; and Res. No. 77- 04- 11855 (2) WHEREAS on March 26, 2004 First Baptist Church of South Miami and Verizon Wireless submitted a request for reconsideration of a special use application to allow a stealth rooftop cellular antenna tower on property located at 6781 Sunset Drive "PI" Public / Institutional Zoning District; said application contains revisions to the height and appearance of the proposed stealth rooftop cellular antenna tower. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission finds that the applicant's revised application submitted on March 26, 2004 justifies reconsideration of the special use application to allow a stealth rooftop cellular antenna tower on property located. at 6781 Sunset Drive "PI" Public / Institutional Zoning District. Section 2. The City Clerk has notified all property owners within 500 feet of the subject property that the City Commission at its May 4, 2004 will consider the revised application to allow a stealth rooftop cellular antenna tower on property located at 6781 Sunset Drive "PI" Public / Institutional Zoning District. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 4th day ofMay ATTEST: TY CLERK AND APPROVED AS TO FORM A , 2004. Mayor Russell: Yea Vice Mayor Palmer: Yea Commissioner Wiscombe: not present Commissioner Birts- Cooper: Yea Commissioner Sherar: Yea IIMCGRUFFIPLANNING1Comm ltems1200414- 20- 041PB -04 -005 Stealth Resolution Ldoc South Miami 50 U bcald AAll i111 efica CKY V INCORPORATED 1927 p gX9 2001 CITY OF SOUTH MIAMI To: Honorable Mayor, Vice Mayor & Date: May 4, 2004 Commission Members ITEM NO. /0-0 From: Maria Davis RE: Special Use Reapplication City Manager Stealth Antenna 6781 Sunset Dr. RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20 -5.8 OF THE LAND DEVELOPMENT CODE TO CONSIDER A SPECIAL USE REAPPLICATION TO ALLOW FOR THE INSTALLATION OF A STEALTH ROOFTOP CELLULAR ANTENNA TOWER ON PROPERTY LOCATED AT 6781 SUNSET DRIVE WITHIN THE "Pl ", PUBLIC / INSTITUTIONAL ZONING DISTRICT BACKGROUND The applicants, First Baptist Church of South Miami and Verizon Wireless, were last before the City Commission on December. 16, 2004. At that time. the Commission denied the special use application to place a stealth cellular antenna on the church's property located at 6781 Sunset Drive. The antenna would have been mounted inside a religious cross feature mounted at the roofline of the main sanctuary building. In January 2004, Verizon Wireless notified the City that it was filing a legal action challenging the City's denial of the application. The Court has directed the two parties to work out an agreement which has resulted in the City agreeing to reconsider the special use approval and the applicant agreeing to make changes (height, color) in the proposal which would permit reconsideration. It was also agreed that the first reconsideration step would be design review by the ERPB. The Board at its April 6, 2004 meeting unanimously approved the proposed stealth cellular antenna, SPECIAL USE RECONSIDERATION Pursuant to the LDC Sec.20- 5.8(E) "Special Use Reapplication. No reapplication for a special use shall be accepted by the city within twelve (12) months of the date of final disapproval by the city commission of a previous application for a special use involving the same or substantially the same property, unless Special Use Reapplication 6781 Sunset Drive Page 2 of 2 evidence is submitted to and accepted by the city commission which justifies such reconsideration. " The applicant on March 26, 2004 submitted a revised application to install a stealth cellular antenna on the church's property located at 6781 Sunset Drive. The revised application includes a reduction in height of the stealth antenna from 94 feet to 92 feet and a change in color. The applicant is requesting the City Commission to accept these changes as justification for reconsidering the application. RECOMMENDATION It is recommended that attached resolution stating that the City Commission accepts the evidence that the application has been revised and a reconsideration of the special use application is justified, be adopted. Attachments: Draft Resolution Application Letter of intent, 3 -26 -04 Copies of Public notices MD/DOD /SAY E:1Comm Items1200415-4- 04TB -04 -005 Stealth Antenna Reapplication Am City of South Miami PIanning & Zoning Department City Hail, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663 -6326; Fax: (305) 666 -4591 Application For Public Hearing Before Planning Board & City Commission Address of Subject Property: (0°76,7 5",v, �,- P,rtv.0 Lot(s) Block Subdivision SUBMIT T TED MATERIALS PB - Meets & Bounds: _ Text Amendment to LDC _Va ' ce Applicant: Ar, 12 1 �-J W i ,2 e- /eS J � �r Phone: �g �j ek�i $�� L U �+d .�'L, yyl I A M � Representative: _:YASo j Liisky Organization: S eil Address: s-ioz, WiI,k- ,-c '90Ca Phone: — Proof of ownership or letter from owner Property Owner: i t�25 � �.P# t�S � �� 4s rC. � r3 C_ Signature: Mailing Address: `�� m i /,v4y' t 6767 V ,-i m S, F"C- Phone: 351 ea Archite1cctt(Engiinyeer: yp}� p 1<i,IG+Q �l !r' �V� r%�� l' ss,,cii� 1 —s Phone: �r S� J 9 7 0 AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: � Owner Owner's Representative Contract to purchase _Option to purchase c, enant/Lessee APPLICATION! IS HEREBY MADE Cnn TI HE r^LLGY01ING: SUBMIT T TED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY: _ Text Amendment to LDC _Va ' ce _ Letter of intent —Zoning Map Amendment _pecinal Use —Justifications for change _ PUD Approval _Special Exception — Statement of hardship — PUD Major Change _Other — Proof of ownership or letter from owner _ Power of attorney Briefly explain application and cite specific Code sections: _ Contract to purchase Current survey (1 original sealed and /JA/ -& v, 'JA .S 01u, C:hU ,-C J �ZaOC&� , /14-6 -e WAS t- 10,e IOCA�e,,l j VO-e— s 'gned /'t reduced copy@ 11 "x97 ") V 15 copies of Site Plan and Floor Plans &.ai,.i CAS5 C'�+rJe' %srle . ��+& ,2CriACF_ &X-d— hL-t4k �_- ©yi n.p &N cross, 0C e 1 reduced copy @ 11" x 17` 20% Property owner signatures Section: Subsection: Page #: Amended Date: _ Mailing labels (3 sets) and map _ Required Fee(s) The undersigned has read this cornpfeted appplication and represents that the information and all submitted materials are true and correct to the best of the applicant's lmowledge d belief. A 'cant's Signature and title Date " Upon receipt, applications and all submitted materials will be reviewed for compliance with the sand Development Code and other applicable regulations. Applications found not in compliance will be rejected and returnedto_the applicant. OFFICE USE ONLY: Date Filed Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Payment _., ....,..._. _ _ b /6 /UV HOLLAND & KNIGHT LLP Annapolis Atlanta San Francisco Seattle Bethesda Tallahassee Boston Tampa Bradenton Washington, Q.C. Chicago' West Palm Beach Doe Fast Broward Boulevard, Suite 1300 Fort Lauderdale P.D. Box 14074 (ZIP 33302 -4070) Jacksonville International Offices: Fort Lauderdale, Florida 33301 Lakeland Caracas" Los Angeles Helsinki Miami Mexico City 954 -525 -1000 New York Rio de Janeiro FAX 954 - 463 -2030 Northern Virginia sao Paulo www.hklaw.com Orlando Tel Aviv** F Portland Tokyo Providence SL Petersburg 'Holland & Knight LLC San Antonio — Representative office March 26, 2004 M GERALD L. KNIGHT 954 -468 -7868 gerald.knight@hklawxom Mr. Sanford Youkilis, City Planner City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: Verizon Wireless Application. for South Miami Baptist Church Dear Mr. Youkilis: Please find enclosed applications for the ERPD and City Commission approval for the placement of a stealth telecommunication facility at the South Miami Baptist Church in the City of South Miami, Florida. These applications are being submitted for re- consideration of the prior application that was submitted by Verizon Wireless for this location. The enclosed applications are being submitted to the City pursuant to settlement discussions in the case of Verizon Wireless Personal Communications LP d/b /a Verizon Wireless v. The City of South_ Miami (Case No. 04- 20133 -Civ., U.S. District Court, S. District of Florida) and, therefore, are privileged communications. Thank you for your consideration. Sir. HC VAR 2 6 2004 By Enclosures Mr. Sanford Youkilis March 26, 2004 Page 2 cc: Earl G. Gallop, Esq., City Attorney (w/o encls.) # 181384$_v1 MIAMI DAILY BUSINESS REVIEW a Published Daily except Saturday, Sunday and - Legal Holidays Miami, Miami -Dade County, Florida ? - STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a dally (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter bf CITY OF SOUTH MIAMI PUBLIC HEARINGS 4/20104 in the XXXX Court, was published in said newspaper in the issues of 04/09/2004 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail master at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount ate, cqUIMIssion or refund for the purpose of securin is ad semej for publication in the said , Sworn to and si46ribed before me 09 day of APRIL (SEAL) O.V. FERBEYRE personally known to me OFFiv_� _T 12140 kRy SEAL l.�tw� T i' LLi✓'i+lA NOTr` - Y PUBLIC STATB OF FLORIDA CONLISSION NO. CC 912958 P.�i' CE3rr�v�TSiO�; E��. 7L�its 23, 20114