Ord. No. 19-98-1667ORDINANCE NO.19-98-1667
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,RELATING TO LAND USE;
PROVIDING A 45-DAY EXTENSION OF THE MORATORIUM ON THE
ACCEPTANCE AND REVIEW OF APPLICATIONS,AND ISSUANCE OF
DEVELOPMENT PERMITS,FOR THE INSTALLATION OF
TELECOMMUNICATION TOWERS AND ANTENNAS,SET FORTH BY
ORDINANCE NO.2-98-1650 AND ORDINANCE NO.10-98-1658,
IN ORDER TO ENABLE TELECOMMUNICATION PROVIDERS TO
SUBMIT PROPAGATION MAPS AND OTHER SUPPORT MATERIALS,
WHICH WERE SPECIFICALLY REQUESTED BY THE MAYOR AND CITY
COMMISSION ON JUNE 23,1998,ALLOWING THE CITY TO ADOPT
MINIMUM STANDARDS FOR THE LOCATION AND APPROVAL OF
TELECOMMUNICATION FACILITIES;PROVIDING THAT ORDINANCES
IN CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THE
TIME PERIOD OF THE MORATORIUM;PROVIDING FOR
SEVERABILITY,ORDINANCES IN CONFLICT,AND AN EFFECTIVE
DATE.
WHEREAS,the Congress of the United States adopted the
Telecommunications Act of 1996,providing for federal regulation
of wireless telecommunications,a technology of wireless voice,
video and data communications systems,which requires land-based
facilities that impact planning and zoning concerns in the City
of South Miami and throughout the United States;and,
WHEREAS,the City has received,and expects to receive
additional requests from telecommunication service providers to
site wireless telecommunication towers and antennas within its
municipal boundaries and the City is authorized by federal,
state and local law to regulate the siting of such towers and
antennas;and,
WHEREAS,the Mayor and City Commission finds that it is in
the public interest to regulate the siting of wireless
communication towers and antennas within the municipal
boundaries;and,
WHEREAS,itis the intent of the City Commission to provide
reasonable accommodation,and to promote and encourage fair and
reasonable competition,among telecommunication service
providers,or providers of functionally equivalent services,on
a neutral and non-discriminatory basis;and,
WHEREAS,Ordinance No.2-98-1650 was passed and adopted on
January 20,1998,providing a 180-day moratorium on acceptance
TelecommunicationTowerMoratorium Extension:2nd ReadingOctober 20,19981
Page 2 of Ordinance•No.19-98-1667
and review of applications,and issuance of development permits,
for the installation of telecommunication towers to enable the
Citytoadopt minimum standardsforthe location and
installation of telecommunication towers and antennas,for
establishing the priority order of use and,further,to
encourage the co-location offacilities,ina manner thatis
consistent with,and implements,the City's comprehensive plan,
and is compatible with the existing patterns of development in
the City;and,
WHEREAS,on June 9,1998,due to the loss of the City Staff
members primarily responsible forthe development of minimum
standards for telecommunication facilities,the Mayor and City
Commission adopted Ordinance No.10-98-1658,extending the
moratorium until October 17,1998;and,
WHEREAS,on June 23,1998,the Mayor and City Commission
held a public workshop with the Planning Board,
telecommunication industry representatives,and members of the
public in order to acquire the necessary input to draft
appropriate regulations;and,
WHEREAS,the Mayor and City Commission,following earlier
requests by staff,specifically requested the telecommunication
industry representatives to provide propagation maps,pictures
of existing telecommunication facilities,and other
supplementary materials;and,
WHEREAS,those materials have not been adequately provided
as of October 1,1998,effectively impeding the ability of the
Mayor and City Commission to properly evaluate a proposed
ordinance regulating telecommunication facilities in the City of
South Miami;and,
WHEREAS,the Mayor and City Commission desire
telecommunication industry representative to submit the
requested propagation maps,pictures of existing
telecommunication facilities,and other supplementary materials
in order to provide the City with the necessary input to adopt
regulations regarding the siting and approval of
telecommunication facilities.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.The Whereas clauses are incorporated in,and
made a part of,this ordinance.
Telecommunication TowerMoratorium Extension:2nd ReadingOctober 20,19982
Page3of Ordinance No.19-98-1667
Section 2.The Mayor and City Commission of the City of
South Miami hereby declare a 45-day extension of the moratorium
approved on January 20,1998,asset forth by Ordinance No.2-
98-1650,and extended on June 9,1998,as set forth by Ordinance
No.10-98-1658,on all actions relating to acceptance and review
of applications,and issuance of development permits,for the
installation of telecommunication towers,to enable the City to
prepare and adopt minimum standards for the location and
approval of telecommunication towers.
Section 3.The moratorium shall be effective through
December 1,1998,unless extended by the City Commission.
Section 4.All ordinances,resolutions and parts
thereof,in conflict with this extension of the development
permit moratorium shall not bein force and effect during the
time period of the moratorium.
Section 5.If any section,clause,sentence,or phrase
of this ordinance is for any reason held invalid or
unconstitutional by a court of competent jurisdiction,the
holding shall not affect the validity of the remaining portions
of this ordinance.
Section 6.This ordinance shall take effect immediately
at the time of its passage.
PASSED AND ADOPTED this 20cn day of October,1998.
ATTEST:A APPROVED:
READ AND APPROVED AS TO FORM:
<flTY ATTORNEY
1st Reading -10/6/98
2nd Reading -10/20/98
,th
MAYOR
2nd extension of telecommunication moratorium.doc
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Oliveros:
Commissioner Bethel:
Commissioner Feliu:
Commissioner Russell:
5-0
Yea
Yea
Yea
Yea
Yea
TelecommunicationTowerMoratorium Extension:2nd ReadingOctober 20,1998
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:Mayor and City Commission Date:October 9,1998
From:Charles D.Scurr
City Manager ct*^
Agenda Item #
Re:Comm.Mtg.10/20/98
Moratorium Extension
Relating to Telecomm.Towers
d
REQUEST:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO LAND
USE;PROVIDING A 45-DAY EXTENSION OF THE
MORATORIUM ON THE ACCEPTANCE AND REVIEW OF
APPLICATIONS,AND ISSUANCE OF DEVELOPMENT PERMITS,
FOR THE INSTALLATION OF TELECOMMUNICATION TOWERS
AND ANTENNAS,SET FORTH BY ORDINANCE NO.2-98-1650
AND ORDINANCE NO.10-98-1658,IN ORDER TO ENABLE
TELECOMMUNICATION PROVIDERS TO SUBMIT
PROPAGATION MAPSAND OTHER SUPPORT MATERIALS,
WHICH WERE SPECIFICALLY REQUESTED BY THE MAYOR
AND CITY COMMISSION ON JUNE 23,1998,ALLOWING THE
CITY TO ADOPT MINIMUM STANDARDS FOR THE LOCATION
AND APPROVAL OF TELECOMMUNICATION FACILITIES;
PROVIDING THAT ORDINANCES IN CONFLICT SHALL NOT BE
IN FORCE AND EFFECT DURING THE TIME PERIOD OF THE
MORATORIUM;PROVIDINGFOR SEVERABILITY,
ORDINANCES IN CONFLICT,AND AN EFFECTIVE DATE.
BACKGROUND &ANALYSIS
On January 20,1998,the Mayor &City Commission adopted Ordinance No.2-98-1650,which
provided for a 180-day moratorium on the acceptance and review of applications relating to
telecommunication towers inorderto prepare and adopt minimum standards forthe location and
approval of telecommunication towers.
During the moratorium extension,the Planning Board and staff worked diligently to create regulations,
which were presented tothe City Commission for first reading on September 15th and discussed in
depth at a public workshop on September 28th.Public discussion of the proposed regulations at the
Telecommunication Tower Moratorium Extension:2nd Readincr October 6.1998
workshop highlighted the telecommunication industry's failure to submit vital information,such as
propagation maps and pictures of existing facilities,which had been specifically requested by the
Mayor,CityCommission,and staff onnumerousoccasions.Theabsence of thisinformation
effectively impeded the ability of the Mayor and City Commission to properly evaluate the proposed
ordinance onOctober 6,1998,thelast meeting datepriortothe expiration ofthe moratorium.
As a result,on October 6,1998,the Mayor and City Commission tabled the proposed
telecommunication ordinance,and approved thefirstreading of theattached ordinance.Since October
6,Sprint PCS,AT&T Wireless,and Nextel have provided the requested information,and the
Planning Board discussed it during a very productive public workshop on October 13th.Approval of
the attached ordinance will allow the moratorium tobe extended through December 1,1998,and
enable a revised ordinance,incorporating the recently submitted industry information,to be presented
totheCity Commission on November 3,1998,forfirstreading.
RECOMMENDATION:Approval.
Attachment:
Proposed Ordinance
Telecommunication Tower Moratorium Extension:2nd Readina October g.i9qr