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Res. No. 190-00-11083RESOLUTION NO.190-00-11083 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,RELATING TOA REQUEST PURSUANT TO SECTION 20-10.6 OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO PLACE A STEALTH CELLULAR COMMUNICATIONS FACILITYON PROPERTY LOCATED AT 6330 S.W.40™ST.(BIRD RD.) WITHIN THE "PI",PUBLIC /INSTITUTIONAL ZONING DISTRICT WHEREAS BellSouthMobility,onbehalf of HopeLutheranChurch., property owners of 6330 S.W.40th St..has submitted an application for a special use toallowastealthcellular communications facilitytobeplacedonpropertylocatedat 6330 S.W.40th St.,withinthe"PI"Public /Institutional Zoning District;and WHEREAS,Section 20-10.6 of theSouthMiamiLand Development Code provides thata stealth communications facility is permitted ina"PI",Public / InstitutionalZoningDistrictasanaccessoryusepursuanttoaspecialuseapproval process ;and WHEREAS,astealth communications facilityis subject to requirements and minimum standardsspecifiedinLand Development CodeSection20-10.4in addition to compliance with conditions setforthinLand Development Code Sections 20-3.4(A)and 20-5.8,applicable toallspecialuseapprovals;and WHEREAS.Theapproval of aspecialuserequiresarecommendationfrom thePlanningBoardandtheapproval of theCity Commission afterapublichearing; and WHEREAS,The Planningand Zoning Department staff recommended approval of theproposedspecialuse with acondition:and WHEREAS,on August 29,2000,thePlanningBoard voted 7-0to recommend approval with a condition of thespecialuserequest;and, WHEREAS,theMayorandCity Commission of the City of SouthMiami desireto accept the recommendation of thePlanningBoard. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1:Thataspecialuseapprovalisherebygrantedforplacement of astealth communications facility on property located at 6330 S.W.40th St.subject to the followingcondition:a)thattheapplicantrestudytheproportion of theboxchaseand > Page 2of Resolution No.190-00-11083 pa the connection attherooflinepriortothe project's reviewbeforetheEnvironmental Review and Preservation Board.. Section 2:This resolution shalltake effect immediately upon approval. PASSED AND ADOPTED this19day of September ,2000. ATTEST: 44QM4J CITY CLERK READ AND APPROVED AS TO FORM: /^£>*r/Lr CITY ATTORNEY fJu'SLlfa'dt APPROVED: MAYOR COMMISSION VOTE:4-0 Mayor Robaina:recused Vice Mayor Feliu:Yea Commissioner Bethel:.Yea Commissioner Russell:Yea Commissioner Wiscombe:Yea CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To:Mayor and City Commission From:Charles D.Scurr City Manager Date:September 15,2000 Z*fAgendaItem9sJ Commission Mtg.9/19/00 Re:Special Use Approval Cellular Communications Facility 6330 S.W.40th St. Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,RELATING TOA REQUEST PURSUANT TO SECTION 20-10.6 OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO PLACE A STEALTH CELLULAR COMMUNICATIONS FACILITY ON PROPERTY LOCATED AT 6330 S.W. 40™ST.(BIRD RD.)WITHIN THE "PI",PUBLIC /INSTITUTIONAL ZONING DISTRICT BACKGROUND The applicant,BellSouth Mobility,Inc.is requesting approvaltoplacea cellular communications facilityonpropertyownedbyHopeLutheranChurch,locatedat6330SW 40l St.(BirdRd.).The facility will consist of antennas mounted insidea religious cross feature mounted atthe roofline of the main sanctuary building.The antenna cable will be attached tothe east elevation andwillbe concealed ina boxed out chase extending upthe side of the building. The existing religious cross on the east facade willbe removed.The highest point of the antenna willbe70feet above grade (10ft.above the60ft.height of the structure).The antennas willbe connected toan enclosed equipment shelter tobe located atthe southeast corner of the church. ,ih SITE ANALYSIS 1)Thechurchpropertyconsists of asanctuarybuildingandtwoaccessorystructures,aone-story daycare/parishhall,andaonestoryparsonage.Thesanctuarybuildingisbuilttoaheightof60 ft.The lot size is 1.3 acres. 2)The existing zoning onthe property is "PI\Public Institutional Use District which permits churches,schools,andgovernmentfacilities.Themaximumheight of buildingsinthisdistrictis tobe compatible withtheheightof surrounding districts.Thecurrentchurch sanctuary was constructed in 1962.Theheight approved atthattimewas60ft.,thereby establishing the applicableheightforthedistrictatthis location. .3)The property is surrounded by the following zoning districts and existing uses: ZONING EXISTING USES North RU-5A (MiamiDade County)Professional offices Semi-Professional Office/Apts. East RO Residential Office Office building/3 stories RS-4 Single Family Residential Single family residences South RS-4SingleFamily Residential Single family residences West GR General Retail Retail stores,one story RS-4SingleFamily Residential Single family residences APPLICABLE REGULATIONS 1)TheCity's Land Development Code contains extensive regulations for siting of telecommunicationstowerandantennas.Theproposalinthisapplicationisconsideredastealth facilityasdefinedinSection 20-10.2 of theLDC: "Stealth Facility—Any telecommunication facility whichisdesignedtoblendintothe surroundingenvironment.Examples of stealthfacilitiesinclude,butarenotlimitedto, architecturallyscreened,roof-mounted antennas,antennasintegratedintoarchitectural elements,and telecommunications towersdesignedtolooklikepoles,power polesor trees" 2)Theproposedfacilityissubjectto requirements andminimumstandardsspelledoutinSection 20-10.4 whichrequiresthesubmission of thefollowing: a)Aproperty owner's letterconsentingtotheinstallation; b)Anaffidavitstatingthatwithin one-half mile of the site therearenootherstructures which can accommodate the facility(collocation); c)Anaffidavitstatingthattherewillbenointerferencewithotherwireless communications inthe vicinity; d)An affidavit statingthatthe facility is designed tomeetthecurrentwindloadcriteria as set forth in the South Florida Building Code; e)An affidavit thatthe facility is compatible withthe design ofthe existing structure. 3)Section 20-10.6 ofthe LDC provides thatin certain zoning districts,a telecommunications facility may be approved by administratively by the City Manager after review bythe ERPB. However,astealth facility locateda"PI"zoning district requires a special use approval process. Specifically,subparagraph 1(a)states that "stealth rooftop or building mounted antennas,not exceeding 25ft.above the roofline and 10feet above the maximum height ofthe applicable zoning district,shall be permitted as an accessory use pursuant to special use approval in the following zoning districts:Public/Institutional ".The approval process requires the affirmative vote of fourCity Commissioners,afterreceiptofa recommendation fromthe Planning Board. 4)In addition tothe above,all special uses must comply with the conditions specified in LDC Section 20-10.7 ProcedureforSpecialUse,LDCSection 20-3.4(A)requiring compatibility with the surrounding uses,andLDCSection 20-5.8 requiring thatthe proposed usenot adversely affectthehealthorsafety of personsinthe vicinity norwillitbe detrimental tothepublic welfareor property inthearea(LDCSectionsattached). STAFF OBSERVATIONS 1)Theapplicanthassubmittedtheappropriate documentation concerningcollocation, compliance withtheBuildingCodewindload standards,anda statement concerning the integration of thefacilityintothedesign of thebuilding. 2)Theheight of theantenna(intheform of across)beinglocatedatthe roofline of the sanctuary willnot distract fromthe architectural style of the building. 3)Theuse of areligiouscrossaspart of theantennafacilityisagoodexample of the application of the stealth principle. 4)The applicant hassubmittedplansindicatingthatnewlandscapingwillbeplacedattheeast end of the sanctuary building whichwillappropriatelyscreentheareawheretheantenna enterstheboxchase.Thelocation of theantennaequipmentroomhasbeen camouflaged and screened bythe extension of thewhitefencingatthe southeast corner of the church sanctuary. 5)The proportion ofthe boxed chase and the connecting point ofthe chase at the roof should be studied further to make it more proportional to the elevation and to match the rooflines.The project will require review and approval by the Environmental Review:and Preservation Board. 6)The proposed use is compatible architecturally with the building on which it is being located andwillnot adversely impact surrounding properties. PLANNING BOARD ACTION The subject application was presented to the Planning Board at its August 29,2000 meeting.At that time the Board adopted a motion (7-0)recommending approval ofthe application,with one condition. RECOMMENDATION It is recommended that the proposed special use to install a stealth communications facility at 6330 SW 40th St.be approved with the following condition: a)applicant restudy the proportion ofthe box chase and the connection at the roofline prior to the project's review before the Environmental Review and Preservation Board. Attachments: ProposeddraftResolution Application Letter of intent,7-27-00 Affidavits Survey Site plan Illustration photos Copies of Publicnotices LDC Sections 20-10.7,20-3.4;20-5.8 PlanningBoardMinutes,8/29/00 City of South Miami Planning &Zoning Department CityHall,6130 SunsetDrive,SouthMiami,Florida 33143 Telephone:(305)663-6326;Fax:(305)666-4591 Application For Public Hearing Before Planning Board &City Commission AddressofSubject Property:fr&o ?W 'AOIW *>f Meets &Bounds: Lot(s) PB Block Subdivision Applicant:^^ij^^(fj& Representative:^^^0fo &&#£&/} Phone::far)<)1<f~&&(JbeueNbx) Organization:^i^^^Pf/f Tf^Tr^t^ Address:Phone:y Property Owner:/fcrff^^Jft//!/Uk/Zttf Mailing Address:~_,•, Architect/Engineer: PAt£W V/\l6^T Signature: Phone: Phone: AS THE APPLICANT,PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner Owner's Representative Contract to purchase Optionto purchase _JTenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: PLEASE CHECK THE APPROPRIATE ITEM: Text Amendment toLDC Zoning Map Amendment PUD Approval PUD Major Change Varjarfce _^pecial Use Special Exception Other Briefly explain application and cite specific Code sections: AffUcAfl/T UftltfH -P IN9MIL A kA&tL&ft T&L£ftjffik fA(Au\n \ttMti£Af66 iNTD m ttvcfi/et &a ze^t*^ Section:d-0 Subsection:\0-\Page #:.Amended Date: SUBMITTEP-MATERIALS PLEA£Ei5HECK ALL THAT APPLY: w-fTetter of intent Justifications for change Statement of hardship -"Proof of ownership or letter from owner Power of attorney Coptfact to purchase -^Current survey (1 original sealed and signed/1 reduced copy @ 11"x 17") '^/copies of Site Plan and Floor Plans 1 reduced copy @ 11"x 17" ^zpSfrProperty owner signatures Mailintpabels (3 sets)and map j^Hequtred Fee(s) Theundersigned correct tot"" ;ad this completed application and represents that the information an licant's knowledge aneLbelief. 57 submitted materials are true and *AffiMv\T ••.\ -terrea (?/&/"/ Upon receipt,applications and all submitted materials will be reviewed for compliance with the Land Development Code and otherapplicableregulations.Applications found not in compliance will be rejected and returned to the applicant.'tfj.f&fg/Vf $gAA/V~AW&£ r^m^\M^g~M^^OFFICE USE ONLY: Date Filed PetitionRequired Methodof Payment, 6/13/00 Date ofPBHearing. Petition Accepted Date of Commission NINAL.BONISKE JAMIE ALAN COLE EDWARD G.GUEDES STEPHEN J.HELFMAN GILBERTO PASTORIZA JOSEPH H.SEROTA RICHARD JAY WEISS DAVID M.WOLPIN STEVEN W.ZELKOWITZ THOMAS J.ANSBRO* LILLIAN ARANGO DELAHOZ* RICHARD A.ARONSKY PATRICIA M.BALOYRA ALISON S.BIELER MITCHELL A.BIERMAN Weiss Serota Helfman Pastoeiza &Gxjedes,P.A. ATTORNEYS AT LAW MIAMI-DADE OFFICE 2665 SOUTH BAYSHORE DRIVE SUITE 420 MIAMI,FLORIDA 33133 MITCHELL J.BURNSTEIN ELAINE M.COHEN DOUGLAS R.GONZALES JOHN R.HERIN,JR. CHRISTOPHER F.KURTZ PETER A.LICHTMAN KAREN LIEBERMAN* BERNARD S.MANOLER* MARIE E.MATO NANCY RUBIN* GAIL D.SEROTA* ARI C.SHAPIRO JEFFREY P.SHEFFEL NANCY E.STROUD*. SUSAN L.TREVARTHEN DANIEL A.WEISS* TELEPHONE (305)854-0800 TELECOPIER (305)854-2323 WWW.WSH-FLALAW.COM July 27,2000 BROWARD OFFICE 1132 SOUTHEAST SECOND AVENUE FORT LAUDERDALE,FLORIDA 33316 TELEPHONE (954)763-4242 TELECOPIER (954)764-7770 *OF COUNSEL VIA HAND DELIVERY Mr.Subrata Basu Director of Planning City of South Miami 6130 Sunset Drive South Miami,Florida 33143 Re:Special Use Permit application;Applicant BellSouth Mobility,Inc. Dear Mr.Basu: Ourfirm represents the Applicant BellSouth Mobility Inc ("BellSouth").BellSouth has an option to lease a portion of the HopeLutheranChurchproperty for theplacementofa cellular communications facility (the "Facility"),located at6330 SW 40th Street (the "Property").ThePropertyis legally described inthe attached Exhibit "A".The Property is zoned P/I and is designated Institutional inthe City's Land Development Code,revised 1997. BellSouth is seeking a special use approval to permit the Facility to be located on the Property.The proposed Facility consists of antennas mounted within a 78 foot religious cross attached tothe church and connected viacablesto electronic and mechanical equipment located within an equipment shelter incorporated into the church structure.The Facility will be landscaped in accordance with the Code.The Facility has been designed asa religious cross.In fact,onlythe cross will be visible.The antennas are part of the cross structure,thereby minimizing the visual impact on the surrounding neighborhood. BellSouthneedsto construct thisFacilityatthis location in order to improve its cellular coverage andto meet the increasing demand for cellular services inthisarea. The Facility isunmannedanddoesnotrequirewater or sewer Mr.Subrata Basu July 27,2000 Page 2 services.Therefore,the Facility will have no adverse impact on the capacity of any public infrastructures.The Facility's cross stealth design also makes it compatible with the existing church on the Property. The Facility is intended to provide an essential link to the cellular telephone network provided by BellSouth throughout South Florida.The Facility,when operational,will provide an essential means of emergency communication in the event ofa hurricane or other natural disaster.As evidenced by Hurricane Andrew and its aftermath,cellular phone service wasthe only reliable means of communication available in most areas throughout Dade County. We look forward to your favorable review and recommendations. Please donot hesitate to callmeif you have any questions or require additional information. GP/tr Attach. 016.698 Weiss Sebota Helfman Pastoriza &Guedes,P.A. 07/24/00 MON 12:15 FAX 305 83'?323 •••-V WEISS SEROTA &HELFMAN.^ July24,2000 City of South Miami Planning Board CityHall South Miami,FL 33143 Re:property owner's letterof consent toinstall telecommunication facility To whom it may concern: By this letter,the undersigned,as representative of Hope Lutheran Church (the "property owner"),located at 6330 SW 40th Street,South Miami FL,gives consent to BellSouth Mobility,Inc.(the "facility owner"),to construct and install a telecommunication facility on the aforementioned property. /z^Ofi^ud /^.//J/9d/9&sJ£7L Hope Lutheran Church (print) Property Owner J^o^^;%/.id #t>< BellSouthMobility,Inc.(print) FacilityOwner HopeLutheranChurch(signature)BellSouth Mobility,Inc. (signature) The foregoing instrument was acknowledged before me this^Qday of July,2000,by who(checkone)(yjlspersonally knowntomeor[]has produced a Florida drivers license as identification. My CommissionExpires: Notary Public Print Name OfWfciAL N(J1'ARY5EAL FANTINAMANGULO NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO.CC763230 MY COMMISSION EXP.AUG.*.*m 'il00~2 tteceivea jui-2t>-ut)iz-.B/pm from 561 -♦COLLINS CPRE page 3 .:••JUL-26-2Q00 WED 11:59 AM ;FAX NO.("P.G2< This instrument was prepared by: TonyRecio 2665 South Bayshore Drive,Suite 420 Miami,FL 33133 After recording return to: Wsiss Sorota Helfman Pastoriza &Gucdes,P.A. 2665 South Bayshore Drive,Suite 420 Miami,FL 33133 AFFIDAVIT OFDILIGENT A^MPTTn mT([,nrATr STATE OF FLORIDA ) SSsCOUNTYOFMIAMI-DADE ) •l'i *Affiant i8 employed as real estate consultant for BellSouth Mohilitv Tnr afflo««v LthkrinebIAney Address:£201 Congress Avenue Boca Raton,Florida 33487 The foregoing tortriimwt was acknowledged before me tbU i£_day of July,2000,by JUL-26-2000 WED 11:59 AM XSX/LL-JLIIVJ UI.IIU FAX NO.f.,P.03 ^TITERINE BLANEY,who (check one)M*personally knownFloridadriverslicensoasidentification.P^sonauy Known tome or[}has produced a .£'$$&>,Maria Forman i;f ATA MY COMMISSION #COfi8901 EXPIRES %kH*S£October 15,2001*WW*<>BONKDTHRUTROYFAININSURANCtINC My Commission Expires: bhc -—No Print Name C\rw ^vrrrr.3Ql BellSouth Mobility 561995-3000 5201 Congress Avenue Boca Raton,Florida33487 July21,2000 BELLSOUTH Mobility City of South Miami Planning Board CityHall 6130 Sunset Drive SouthMiami,FL Re:Proposed BellSouth Mobility Site "FHGO" Hope Lutheran Church,6330 Bird Road ToWhomItMayConcern: The construction and operation of the proposed facility,including all reception and transmission functions,will not interfere with public safety communication,or with the visual and customary transmission or reception of radio,television,or similar services,as well as other wireless services enjoyed by adjacent properties. Sincerely, i a u ramie Kimble Manager-RFDesign State ofFlorida JK:jc Morrison Hershfield Corporation 3730 Chamblee TuckerRoad,Atlanta,Georgia 30341 Tel.(770)939-2370 Fax.(770)934-9476 . July 25,2000 City of South Miami Planning &Zoning Department City Hall -6130 Sunset Drive South Miami,Florida 33143 Re:BellSouth Mobility Proposed Cellular Site "FHGO" Hope Lutheran Church ( To Whom It May Concern: Any newelementsaddedtotheabovereferenced facility will bedesignedtomeet currentwindloadcriteriaassetforthbytheSouth Florida Building Codeforthe types of antennas andantenna structures specifiedand provided bycarrier. Patrick Valent,RA MORISON HERSHFIELD CORP Florida -Market Manager Morrison Hershfield Corporation 3730 Chamblee Tucker Road,Atlanta,Georgia 30341 Tel.(770)939-2370 Fax.(770)934-9476 July 25,2000 City of South Miami Planning&ZoningDepartment City Hall -6130 Sunset Drive South Miami,Florida 33143 Re:BellSouth Mobility Proposed Cellular Site "FHGO' Zoning Submittal -Option "A" f To Whom It May Concern: The above referenced proposed facility will be designed asa religious cross and will be incorporated as a design element wholly compatible with the existing church use ofthe property.Therefore there will be no additional impact to adjacent properties. Furthermore,the proposed facilityistobe constructed in accordance with all applicablestateandlocalbuilding codes andsafetystandards.Inaccordancewith 20-10.4(9)ofthe City's Land DevelopmentCode. Patrick Valent,RA MORISON HERSHFIELD CORP Florida-MarketManager re.«;if«*"'-iT":•<ccvca'o.) »ex»nxti'i- ST.(BIRDROAD) 1r^?^HXT\T\\\\\\\\\\AA-VA#/— -*~-—r-'"6c**»—'sMpET -ZZ5ZZT2 S.W. i:rai^wtMCttM- 47fhST. DETAIL-PARENTTRACT LEGEND: _-]ta'Cicwfii IU..niHTii '.Ji-.A-.-j;-^•;..;-:i.-l.:1-: .~—<;•»-EuSCjThWC/i:> :;:.^.c=uf.;.co^sj-.^ts ••i'.-5.5'.;!!»=e.-J'U>9S»1 G.P.5.OBSERVATION LOCATIONSKETCH SCALE:1"-80' hadis;?QATuU lOWMC•«"•«» NAD1983DATaw iPRTH sc*t£i"-:o- LEGALDESCRIPTIONOFPARENTTRACT: :o!i1WWI?•-*3»IMHJe.tec*3.C»0*&CCSMfTftMMMfiBffal*t•*<fM/r^. 'record*»*"e*tea*JJ•**cj«'Ac'"**fy&<fittestct»*«*n.'-DcmCe^*/.r<6**e. fiti*«Nctft13'mi•<WiIMmI?. Noreg; IjffrtfffcCrKO«*WttCotCe-«chw»i»-ISJ.t«r*#rMMr. S».fSa*.1*IW>»fi««(H"«-f*w*•*••#*JS*«'s••••* r-/km-MVrvfr^M'.irvU"W.,'^r---*S«J-C>: *4*t-*-*0fM*•/J».Off***»•Sr^fStfOl'OT. DETA/LOFCROSS no;tosctr PRELIMINARYSURVEY ELLSOUTHM03ILITYCELLSITE"tHGQ" iS^wv^v^^"^Wi.t.iS.ia^a^^-wrrir-^ BIRDROAD(S.W.40THSTREET)_ ARCHITECTURALSITEPLAN NEWCROSS (SEEELEVATIONS) NEWLANDSCAPE (THISAREA) NEWBELLSOUTH EQUIPMENTAREA NEWA/CUNIT W/LANDSCAPEDBUFFER 27"«nifinkuitstnviifc£fSi5 OVM/00A/CUNIT OS/12/00ISSUEDFORREVIEW ^BELLSOUTHMobility llOBR1S0N HCBSBriCLD J»e—WarM.Hili,O.JBMI at<m>«marmwaatwit Project: FHGOCELLSITE HOPELUTHERANCHURCH 6330BIROROAO .MIAMI.FLORIDA DroarlngTHfe. ARCHITECTURAL SITEPLAN Suit: ASSHOWN OttigiKR rug OrganBy: RUG OrowingTtf. RtvitlonNo. A ProjtctNo. 900370a OaU: 08/16/00 CheckedBy: COtnlApproval BravingNo. A1.1 F R O N T VI E W EL E V A T I O N - O P T I O N " A " r - X G U - C A R f H H T O U R • • a X O CT O U ) r t tc ~ « - n i " n q - f/ w r r = ic i EX I S T I N G CH U R C H ( H i i m / r o w t r a . ) -S I D E VI E W : . • A/ C UN I T i s s u c o ro a RE V . E W ^B E L L S O U T H M o b i l i t y M o r r i s o n H e r s k f i e l d M(M L * * "i _ "* 5 Pr o j e c t : FH G O C E L L S I T E HO P E LU T H E R A N CH U R C H 63 3 0 BI R D R O A D MI A M I . FL O R I D A Br e w i n g Ti t l e : TO W E R E L E V A T I O N O P T I O N S A O c i i e n Hu e : R e v l r c n No . A D o t e : CB / l £ / 0 0 Ch e c k e d Ey : A 2 . 1 F H G O Ce l l S i t e H o p e L u t h e r a n C h u r c h Tn J S W f S ? " — • ' " - •• ' : ' " . : v ; •, : . > { • ; - - U -. • ' • . ••• • •' '- B e f o r e a d d i t i o n o f a n t e n n a a n d s t r u c t u r e m o d i f i c a t i o n s A f t e r a d d i t i o n o f a n t e n n a a n d s t r u c t u r e m o d i f i c a t i o n s F H G O Ce l l S i t e H o p e L u t h e r a n C h u r c h B e f o r e a d d i t i o n o f a n t e n n a a n d s t r u c t u r e m o d i f i c a t i o n s A f t e r a d d i t i o n o f a n t e n n a a n d s t r u c t u r e m o d i f i c a t i o n s • CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICEISHEREBY given thattheCity Commission oftheCity of South Miami, Florida will conducta Public Hearing duringits regular City Commission meeting on Tuesday,September19,2000 beginning at7:30p.m.,intheCity Commission Chambers, 6130 Sunset Drive,to consider: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO A REQUEST PURSUANT TO SECTION 20-10.6 OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A SEALTH CELLULAR COMMUNICATIONS FACILITY ON PROPERTY LOCATED AT 6330 S.W.40th STREET (BIRD ROAD)WITHIN THE "PI"PUBLIC/INSTITUTIONAL ZONING DISTRICT. Inquiries concerning thisitemshouldbe directed tothePlanning Department at:663- 6326 ALL interested parties areinvitedto attend andwillbeheard. Ronetta Taylor,CMC CityClerk City of SouthMiami PursuanttoFlorida Statutes 286.0105,theCity hereby advises thepublicthatifapersondecides toappealany decision madebythisBoard,Agency orCommissionwithrespecttoanymatter consideredatitsmeetingor hearing,heorshe will needarecordofthe proceedings,andthatfor such purpose,affected person mayneedto ensure thata verbatim record of the proceedings is madewhich record includes thetestimonyand evidence uponwhich the appealistobe based. . ^}&7W.••••'.-.-.-^.••••,•-..|--'•••••::,;::.•••o/.«K •:;'.:|:'«ytgj^>•, ^^7-if/evv^^ I «c (• b K s]^On Ci Q Ci •B His-Ci'j c xj c c.J'•;>v.t»o ^ So ti 74 o sc - (3 eo Sr J 36 th. 90 40^V '2 i I «* fa- r 2»e Sr) 1 to 12 ft0 i sr Sr) R-Ur RllM3T?r ftTTTTTT a/oT u 7«-6, SW, •L •> -2 4b 4 fVA $160 TiA 3vf / '2 1 S W SW 3-TTP s ££/0 39w. St \/2 u* 39 th >c r«|5. •*t :/*? 66 ?*o ^»3TJU J IlP5 M 10 c»•33-11 1 4 1 ST. _L2 42 NO -0- 57'*y <m 4 "2ND. 0 0 -12 51 T 51 "'I 0 1 - o13 SI / Si c 43 RD. I ° I5'2 n s> 1 - 5/ tt: J/ Z4 / S SW 44T H r>»Sfl «7 SC A*.• 5<> fo fUll 40 >c to .'O 6*7.7/.r 17= 57:2 y>/3if?\'5'3lf* 55 ISTS®] ^°I7°\ *v ?$\^.4 >/.= a 5 ^i c -•; ss Jo -£i rr tf #%S.IV S3W 3QiH.Gr, f?J ST\ „/3S.7,i24" -•>•?& --!L-^6 r?i 5 gttP £)SxS nti ):;•-111 is*2 s:1 !• tf s!40'^!t',TSs cH'5 ST * faO.4 '.,«1,.- ^ 1 0 1 ° 11 c C 0 4 !,0o 1 9 U01 s.•«161 J ft I •u in—rV>1**51 >A-f5£7 2 TE^R. 40.1 ?:Si n\ O / 8 g B 0 V«.y yj ya '••;) ST. ^.5 5£ji <;> 3 0 5 O y 2 \M.$51 -s:"J 1. ST. si I «Ti! M "•i'si 1 l'i;111.7'U7.J 1 8 12 nt.l n 1 r ^LS -^4^-frt- IS\(»55 J5 sj R c mo '>7-y RS.:-^ W=l 1*0 »w.r ->ijT.r ••»5 ! 13 '»* w.r sy yj 5f SI •wp nn mi •••••iiwiiui 7~1 •• SITING REGULATIONS FOR TELECOMMUNICATION TOWERS 20-10.7 PI Public/Institutional c.Stealth towers not exceeding 125 feet in height shall be permitted as an accessory use pursuant to special use approval in the following zoning districts: H Hospital PUD Planned Unit Development d.Upon receipt of the appropriate application,the City Manager,at his or her sole discretion,will determine the application's consistency with the definition ofa stealth facility. e.•Residential Planned Unit Developments shall not be a permitted location for telecommunication facilities. 2.Non-Stealth Facilities. a.Non-Stealth antennas mounted to buildings or rooftops,not exceeding 15 feet above the roofline and 5feetabove the maximum height of the applicable zoning district,shall be permitted as an accessory use pursuant to special use approval in the following zoning districts: RM-24 Medium Density Multi-Family MO Medium-Intensity Office SR Specialty Retail MU-4/MU-5/TODD Transit-Oriented Development District PI Public/Institutional b.Any non-stealth building orrooftop antennas permitted pursuant to special use approval shall only be permitted on buildings inexcessof30feetin height. c.Monopolesnot exceeding 125 feetin height may be permitted inthefollowing zoning districts pursuant to special use approval: PI Public/Institutional (Ord.No.24-98-1672,§2,11-17-98) 20-10.7 Procedure for special use. Anyofthepermitted special usesinthisArticlemaybeapprovedandpermittedbytheCity Commission ata public hearing,uponanaffirmativevoteoffourofthe Commissioners,after a recommendation bythePlanningBoard,provided that theuse complies withtherequire ments ofthisArticle,Section 20-3.4(A),entitled "GeneralRequirements,"Section20-5.8, entitled "Special use approvals,"andanyother requirements and conditions theCity Commissionmayconsider appropriate and necessary. Supp.No.4 215 •;;•'••-*•DEFINITIONS 20-3.4 (10)Tables,chairs and all other furniture used in the operation ofan outdoor seating/dining area on the public rights-of-way shall notbe anchored or restrained inany manner. Individual table umbrellas,planters,or other such non-stationary elements may be permittedwithinthe outdoor seating/dining area. (11)Outdoor seating/dining use and area on public rights-of-way shall be restricted to the length ofthe sidewalk or public right-of-way immediately fronting the cafe or other establishment.The utilization of space extending on either side beyond the subject property frontage maybe authorized subject to annual written consent provided by the property owners in front of whose properties the outdoor seating/dining service would occur. (12)Outdoor seating/dining area shall be at the same elevation as the adjoining sidewalk orpublic right-of-way. (13)Carts and trays for serving food are permitted inthe outdoor seating/dining area. (14)Outdoor seating/dining use and area shall not be provided with amplified sound ofany kind. (Ord.No.12-90-1452,7-24-90;Ord.No.11-90-1451,8-21-90;Ord.No.2-91-1467,1-15-91;Ord. No.3-91-1468,1-15-91;Ord.No.4-91-1469,2-5-91;Ord.No.7-91-9091,3-19-91;Ord.No. 12-91-1477,4-16-91;Ord.No.15-91-1480,5-21-91;Ord.No.19-91-1484,7-23-91;Ord.'No. 26-91-1490,11-5-91;Ord,No.26-91-1491-A,11-19-91;Ord.No.3-92-1498,1-7-92;Ord.No. 7-92-1502,5-5-92;Ord.No.10-92-1505,6-2-92;Ord.No.13-92-1508,8-4-92;Ord.No. 29-92-1524,11-3-92;Ord.No.1-94-1550,2-1-94;Ord.No.16-94-1566,§1,11-1-94;Ord.No. 10-97-1631,§1,4-1-97;Ord.No.14-98-1662,§2,9-1-98) 20-3.4 Special use conditions. Anyofthe following special uses may be approved and permitted bythe city commission at a public hearing,after a recommendation bythe planning board,provided that such use is specifically listedasa permitted special useinthe appropriate district column inthe Permitted Use Schedule (Section 20-3.3E),and that such use complies with the following general and special requirements and any other conditions that the city commission may consider appropriate and necessary: (A)General Requirements. (1)All such uses shall comply with all requirements established in the appropriate zoning usedistrict,unlessadditionalormorerestrictiverequirementsareset forth below or by the city commission. (2)All such uses shall be determined to be ofa compatible and complementary nature with any existing or planned surrounding uses. (3)A public hearing shall beheldbythecity commission to determine the overall compatibility of the use with the surrounding neighborhood.. Supp.No.4 39 PROCEDURES AND APPLICATIONS 20-5.8 (E)Application Requirements.With the complete applicarion,applicants shall also submit a letter of intent,a property survey by a registered surveyor and a document indicating the written sworn consent ofthe owners of at least seventy-five (75)percent of the subject property or persons with a contract to purchase conditioned on rezoning approval.Such consent may be given by duly authorized agents ofowners and agency shall be evidenced by a proper written power of attorney. .(F)Neighborhood Concurrence.All applications for arezoning shall be accompanied by amap which reflects all properties and the names of all property owners within a five hundred (500)foot radius of the subject property.The applicant shall obtain and submit the signatures of at least twenty (20) .percent ofsuch property owners,indicating their awareness ofthe proposed rezoning petition (Ord.No.11-90-1451,8-21-90)5P; 20-5.8 Specialuse approvals. (A)Use Schedule Reference.Aspecial use may be granted for any use indicated in the Permitted Use Schedule (Section 20-3.4E)with an "S"designation in the appropriate district column. (B)Required Conditions. (1)Prior to approving a special use,the city commission shall find that such use meets the conditional requirements set forth in Section 20-3.4 and that it: (a)Will not adversely affect the health or safety of persons residing or working in the vicinity ofthe proposed use; (b)Will not be detrimental to the public welfare or property or improvements in the neighborhood;and (c)Complies with all other applicable Code provisions. (2)Additional Conditions.The city commission may designate such additional conditions in connection with a special use as will,in its opinion,assure that such use will conform to theforegoing requirements. (C)Expiration of Special Use Approvals.An approved special use shall lapse after six (6)months if no building permit or certificate of occupancy has been issued for such use and if the city commission has not specified a longer approval period for good cause. (D)Extension of Special Use Approvals.Four (4)affirmative votes of the city commission may grant an extension for a previously approved special use ifa proper and timely request is made by the applicant prior to me expiration of the approval period. (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 evidence is submitted to and accepted by the city commission which justifies such reconsideration Supp.No.5A HI 20"5-9 PROCEDURES AND APPLICATIONS (F)Application Requirements.An application for a special use shall include: (1)A property survey bya registered surveyor; (2)Aletter of intent; (3)A site plan for any nonresidential use showing the information required for site plan reviewapprovalinSection 20-5.11; (4)Where the use includes a vehicular use area or landscaped buffer,a proposed landscape plan and information regarding permanent maintenance arrangements; (5)A neighborhood location map showing all surrounding land uses within five hundred (500)feet of theproposedsite; (6)All information required for any other type of application which is being processed simultaneously orfor any other type of application;and (7)Any other information necessary to demonstrate that the proposed special use will conformfullywiththe requirements ofthis Code. 20-5.9 Variance approvals. (A)Expiration of Variance Approvals.A variance approved pursuant to Section 20-5.5 shall lapse after six (6)months if no substantial construction or change ofuse has taken place in accordance with the request for such variance and if the city commission has not specified a longer approval period for good cause shown. (B)Extension of Variance Approvals.Four (4)affirmative votes of the city commission may grant an extension to a previously approved variance ifa proper and timely request is made by the applicant prior to the expiration of the six (6)month period. (C)Hardship Statement.All applications for a variance shall include a letter ofintent indicating the specific nature ofthe hardship upon which the request is based. (D)Property Survey Required.AH applications for a variance shall include a current property survey preparedbya registered surveyor. (E)Neighborhood Concurrence.All applications for a variance shall be accompanied by a map which reflects all properties and the names of all property owners within a five hundred (500)foot radius of the subject property.The applicant shall obtain and submit the signatures of at least twenty (20) percent ofsuch property owners,indicating their awareness ofthe proposed variance request. (F)Proposed Site Plan Required.A site plan shall be required showing all proposed buildings and setbacks andanyother features relating tothe variance request. (G)Permitted Variance Requests.Applications for variances shall be restricted to only the following: (1)Yard setbacks Supp.No.5A 112 DRAFT CITY OF SOUTH MIAMI PLANNING BOARD /LOCAL PLANNING AGENCY Regular Meeting Action Summary Minutes Tuesday,August 29,2000 City Commission Chambers 6:30 P.M. I.Callto Order andthePledge of Allegiance to the Flag Action:Mr.Morton,Chair,called the meeting toorder. II.Roll Call Action:Mr.Mortonperformedrollcall. Board members present constituting aquorum Mr.Morton,Mr.Comendeiro,Mr.Liddy,Ms.Chimelis,Mr.lllas,Mr.Mann,Ms.Gibson (arrived 7:05 p.m.) City staff present Earl Gallop (City Attorney);Charles Scurr (City Manager);Subrata Basu (ACM/Planning Director);Sandy Youkilis (Temporary Planning Staff);David Struder (Board Secretary) III.Public Workshop Review/DiscussiononDuties,Role,andLegalResponsibilities of PlanningBoard Members:byEarl Gallop,City Attorney;Charles D.Scurr,City Manager Action:Thepublicworkshopwas convened at6:55 p.m. Mr.Gallop opened by outlining topics that would be covered in the workshop,including butnot limited to the "almost"quasi-judicial nature of Planning Board meetings and Sunshine Law requirements. Mr.Gallop noted that it would be possible to discuss lobbyists and members'duties. Mr.Gallop explained that it is a member's duty to find through an almost quasi-judicial and evidentiary process that applications,such as those involving developments,are consistent with the Comprehensive Plan and comply with applicable provisions of the LandDevelopmentCode(LDC). Mr.Gallop noted that such a process involves (1)swearing inof those individuals who are going to be presenting evidence,statements and/or documents,and (2)presenting relevant facts,as they relate to applications,the Comprehensive Plan,and the LDC ina public format. Mr.Gallop emphasized that relevant facts and decisions containing findings of fact and conclusions of lawaretobemadeinapublicformat. Mr.Gallop related his opinion that the Planning Board is not a quasi-judicial body,as it acts as an advisory board,making only recommendations and not issuing development orders. Mr.Gallop continued to relate that,as great weight is placed upon Planning Board's recommendations,the Board should apply,loosely,those procedures that are quasi-judicial in nature. Other discussion items included thenew lobbyist ordinance,including thosewhomust register as a lobbyist and those who do not have to register as lobbyist,such as a private citizen,a homeowners association,anda not-for-profit organization. Mr.Gallop noted that the Board is free to ask ifa speaker is registered as a lobbyist. Mr.Gallop continued by noting that ifit is determined an individual should be registered and is not,said individual may be prohibited from speaking before the Board. Mr.Scurr so noted that an updated listof those individuals registered as lobbyists should be provided tothe Board atthe beginning of each meeting. Discussion continued,including ex-parte communications and Sunshine Law. Mr.Gallop instructed the Board to avoid ex-parte communications,in order that all those individuals involved with applications have a"fair chance"to make an application,to challenge an application,and to make recommendations in the format ofa public meeting onthe "appointed"evening. Mr.Gallop explained that,overall,the Board should adopt a liberal construction of applicability of Sunshine Law and to refrain from discussing public business with those individuals of the same board or committee. Mr.Gallop emphasized that public business must be done in the "open,"and that decisions aretobe rendered asaresultof information obtained inthe context ofpublic meetings,not asa result of private contacts. PB Mins 08-29-00 IV.Local Planning Agency (LPA):PublicHearing Item No.:LPA-00-001 Applicant:JPI Apartment Development,L.P. Request:Consideration of an application to amend the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use category from the Mixed-Use Commercial Residential (Four-story height)category tothe TODD,Transit Oriented Development District category (Flexible height up to 8 stories)on a 2.68 acre vacant site,said property being legally described as Lots 3 through 25,Block 15, LARKINS TOWNSITE SUBDIVISION.Thesiteis generally bounded onthenorthby S.W.69th St.,on the east by S.W.59th PL,on the south by S.W.70th St.,and on the west by S.W.61st Ave.The purpose of the application is to allow for the future construction ofa six-story student residential apartment building. Action:TheLPApublichearingwasconvenedat8:05p.m. ThePledge of Allegiancewasrecited. Mr.Morton performed the swearing-in of all those who would be speaking. Ms.Chimelisexcusedherselfduetoaconflict of interestanddepartedthechambers. Mr.lllas readtherequestintotherecord. A member of the public presented a letter authored by Mr.David Tucker,Sr.,of 6556 SW 78 Terrace,for the record. Mr.Joseph Goldstein,attorney,spoke asthe representative. Mr.Goldstein requested that,due toa number of issues,the City defer the item. Mr.Gallop clarified that if the deferral is to a date specific and if there is no substantial change,theCity will not have to re-advertise the item. Motion:Mr.Mortonmoved deferral oftheitemto September 26,2000.Mr.Liddy seconded the motion. Vote:Approved 6 Opposed 0 Abstained 1 (Ms.Chimelis) V.Planning Board:Public Hearing Item No.:PB-00-015 Applicant:BellSouth Mobility,Inc. PB Mins 08-29-00 '3 Request:A Resolution of the Mayor and the City Commission of the City of South Miami relating toa request pursuant to Section 20-10.6 of the Land Development Code for special use approval to locate a stealth cellular communications facility on property located at 6330 SW 40 Street (Bird Road)within the "PI"Public /Institutional Zoning District Action:The regular Planning Board public hearing was convened at 8:15 p.m. Mr.Gallop departed the meeting,and Ms.Chimelis rejoined the proceedings. Ms.Gibson read the request into the record,and staff presented the item. Mr.Gilberto Pastoriza andMr.Clifton Tulloch signed into speak as representatives. Mr.Pastoriza made a presentation,noting that the facility will be designed tobe compatible withthecurrentuseofthe property. Mr.Mike Lucas,attorney,asked what interference,if any,the new facility would pose for current transmissions. Mr.Pastoriza responded that the new facility would cause no interference with any current transmissions. The Board,representatives,and staffdiscussed the application,particularly with respect to current transmissions,suchas disruptions of those communications if any;operations within specified parameters/bands;assurance from independent authorities that interference and/or disruption would not occur;and co-location if and when possible. Motion:Mr.Comendiero moved approval ofthe item,inclusive ofstaffs condition.Mr. lllas seconded the motion. Vote:Approved7Opposed0 VI.Approval of Minutes Action:TheBoarddulyvotedonand approved the minutes of August 8,2000,as submitted. Vote:Approved7Opposed0 VII.Remarks/Discussion Action:Remarks/discussion itemsincludedoutdoorseating&diningconcernsandthe Zoning Task Force. VIII.Next Meeting Items (September 12) Action:Staff announced thatno items hadbeen submitted forthenext Planning Board meetingdate,September 12,2000. PBMins08-29-00 4 J IX.Adjournment Action:There being no further business before the Board,Mr.Morton adjourned the meeting at 8:55 p.m. PB Mins 08-29-00 MIAMI DAILY BUSINESS REVIEW 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 Octelma V.Ferbeyre,who on oath says that she is the Supervisor,Legal Notices of the MiamiDaily Business Review f/k/a Miami Review,a daily (except Saturday,Sunday andLegal Holidays)newspaper,publishedat Miami in Miami- DadeCounty,Florida;thatthe attached copy of advertise ment,beingaLegal Advertisement ofNoticeinthe matter of CITY OF SOUTH MIAMI PUBLIC HEARING-9/1.9/00 RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 20-10.6,ETC. jn the *££?7f?Court, was published in said newspaper inthe issues of Sep o,2 000 Affiant further says thatthe said MiamiDaily Business Reviewisa newspaper published atMiamiin 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 LegalHolidays)andhas been entered as second class mail matter at the post office in Miami in said Miami-Dade County,Florida,fora period of one year next preceding the firstpublicationofthe attached copyof advertisement;and affiant further says that she has neither paid nor promised any person,firm"or corporatrorrony discount,rebate,com mission or/efund forjitff'fjurposa of securing this advertise ment for/^blic^tiop^the said/ewspaper. (SEAL) Octelma V.F< Sworn to and subscribed before me this 1September71 200u dSfffih MARIA I.MESA gW^Pfifr1 Ml»r5!WbC885640 Vfc5?W EXPIRES:March 4,2004 '"'''.''<>•'"fffi Bonded Thru Notary Public Underwriter s CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICEISHEREBYgiventhattheCity Commission oftheCityof South Miami,Florida will conduct Public Hearing duringits regular City Commission meeting on Tuesday,September 19,2000beginningat7:30 p.m.,in Ihe CityCommissionChambers,6130 Sunset Drive,toconsid er: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO A REQUEST PURSUANT TO SECTION 20-10.6 OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A SEALTH CELLULAR COMMUNICATIONS FACILI TY ON PROPERTY LOCATED AT 6330 S.W.40TH STREET (BIRD ROAD)WITHIN THE"PI"PUBLIC/INSTITUTIONAL ZONING DISTRICT. InquiriesconcerningthisitemshouldbedirectedtothePlanningDe partment at:663-6326 ALL interested parties areinvitedtoattendand will be heard. Ronetta Taylor,CMC City Clerk Cityof South Miami Pursuant to Florida Statutes 286.0105„the City hereby advises thepub licthatifaperson decides toappealanydecisionmadebythisBoard. AgencyorCommissionwithrespecttoanymatter considered atitsmeet ingor hearing,heor she will needarecordofthe proceedings,andthatfor such purpose,affected person may need to ensure thata verbatim record ofthe proceedings ismadewhichrecordincludesthetestimonyandevi dence uponwhichthe appeal istobe based. g/8 00-3-92/88492M