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
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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.
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••
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