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Res No 118-96-9872RESOLUTION N0. 118 -96 -9872 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO APPROVAL OF A "SIMILAR USE," PURSUANT TO SECTION 20-3.3 (C) (5) OF THE LAND DEVELOPMENT CODE, ACCEPTING THE CITY MANAGER'S RECOMMENDATION THAT TELECOMMUNICATION TOWERS ARE A SEMI PUBLIC USE AND SIMILAR TO GOVERNMENTAL ADMINISTRATION; PROVIDING FOR LIMITATIONS AND SPECIFIC REQUIREMENTS; AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 20-3.3 (C) (5) of the Code states that (5) New or unlisted uses of Similar nature. (a) The director of bui 1 ding /zoning and community development [now Planning & Zoning] shall consider the nature of the proposed use, its compa tibi 1 i ty wi th other uses permitted in the various districts and determine the zoning district or districts wi thin which the use should be permitted, i f any. (b) The City Manager shall transmit the findings and recommendations of the Director of Bui 1 ding /Zoning and Community Development for the classification proposed for any new or unlisted use to the City Commission for review at its next regularly scheduled meeting. (c) The City Commission shall approve the recommendations of the Director or make such determination concerning the classification of the new or unlisted use as 20 t determines appropriate. WHEREAS, no specific provision is presently made in the Code for telecommunications towers as a permitted use; and, WHEREAS, Section 20 -3.3 of the Land Development Code currently provides for "Governmental Administration" as a permitted use under Public and Institutional Uses; and, WHEREAS, the City recognizes that telecommunications towers are a semi - public use and that as an infrastructure element such facilities are a similar use to governmental administration; and, June 11th, 1996 Telecommunication Towers Resolution Page # 1 WHEREAS, the Planning & Zoning Director has recommended to the City Manager that telecommunication towers be considered as governmental administration facilities, but that such facilities would not be appropriate in all of the zoning districts where governmental administration facilities are permitted; and, WHEREAS, the City Manager concurs with the recommendation�of the Director of Planning & Zoning regarding the proposed similar use of telecommunication towers within the districts recommended. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The installation and subsequent operation of telecommunication towers are considered as a similar use to the permitted use of governmental administration, due to the semi public nature of this infrastructure element. Section 2. Telecommunications towers, as a semi public use, are permitted in the "PI" Public Institutional zoning district and in the "PR" Parks and Recreational zoning districts, but may only be located on City-owned property. Section 3. The City Manager shall have final approval and authority over all matters regarding the determination of any applicant's compliance with the intent of these sections. Section 4. This resolution shall take effect immediately upon approval. COMMISSION VOTE: 4-0 Mayor Cunningham: Not present Vice Mayor Robaina: Yea Commissioner Price: Yea Commissioner �Ye Commissioner Yocu:ng: Yea June 11th, 1996 Telecommunication Towers Resolution Page # 2 To Mayor and City Commission From ` _ Eddie Cox City Manager REQUEST: CITI' OF SOUTH MIAMI INTER - OFFICE MEMORANDUM Date: Re: June 3, 1996 Agenda Item # Comm. Mtg.06/1 Telecommunication Towers A RESOLUTION OF THE MAYOR AND CITY COMNIISSION OF TIE CITY OF SOUTH MIAMI, FLORIDA RELATING TO APPROVAL OF A "SIMILAR USE," PURSUANT TO SECTION 2 0 -3.3 (C) (5) OF THE LAND DEVELOPMENT CODE, ACCEPTING THE CITY MANAGER'S RECOMMENDATION THAT TELECOMMUNICATION TOWERS ARE A SEMI PUBLIC USE AND SIMILLAR TO GOVERNMENTAL ADMINISTRATION: PROVIDING FOR LIMITATIONS AND SPECIFIC REQUIREMENTS; AND, PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: Per Section 20 -3.3 (C)(5),, the City Administration is forwarding a request for a "similar use designation regarding telecommunication towers. These facilities provide support for cellular telephone communications and act as part of the infrastructure for telecommunications citywide and to a limited degree, extra - territorially. The City has been approached by Mario Aristides regarding the erection of a telecommunications tower on his property at 5846 S.W. 68 Street. Upon consideration of the nature of the use, Intensive zoning district for use as teleco City staff does not recommend the inclusion of the mmunication tower sites. These towers are semi public infrastructure facilities and are more appropriately located on land under public control. The "PI" Public Institutional and "PR" Parks and Recreational zoning districts are those districts characterized by public and semi- public control and the provision of infrastructure facilities. REC NE 1ENDATION: Approval. No Proposed Resolution for Adoption Letter to the City Manager from Planning & Zoning Letter from City to Property Owner, dated May 15, 1996 Letter from Mr. Mario Aristides (tenant), dated May 15, 1996 Letter from City to Mr. Aristides (tenant), dated June 4, 1996 City Manager's Report: Telecommunication To`vers OF 1 - - CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Eddie Cox Date: June 41 1996 City Manager From: Bill Mackey Re: Telecommunication Towers Director of Planning &Zoning Proposed Recommendations SIMILAR USE Please, find the attached resolution implementing the recommendation that telecommunications towers be considered as a use similar to governmental administration. The proposed resolution limits those districts where telecommunications towers may be permitted to those districts most closely associated with community infrastructure and public control. Telecommunications towers are a semi - public use. As an infrastructure element such facilities are a similar in use to governmental administration facilities and other kinds of infrastructure. Telecommunication towers would, however, where governmental administration facilities semi public use, should be permitted o in "PR" Parks and Recreational zoning district, provision of infrastructure facilities, and onli not be appropriate in all of the zoning districts are permitted. Telecommunications towers, as a the "PI" Public Institutional zoning district and the which are those two districts characterized by the on property under the direct control of the public. May 15, 1996 Mr. & Mrs. Gonzalez 6841 S.W. 134 Avenue Miami, Florida X3183 Telecommunications Tower Testing at 5846 S.W. 68 Street; South Miami, Florida 33143 Dear Mr. & Mrs. Gonzalez: Thank you. "City of Pleasant Living'" 6 Mar Ind 584 Sou Tel i e 6 t o Ar pend SW h M. is 305 . is en 68 am 6 tides t Tran th Str i, F1. 67 -420 May 15, 1996 Gonzalez smission eet 33143 8 Service City of South Miami Building, Zoning & Community Development 6130 Sunset Drive South Miami, F1. 33143 Attn: Mr. Bill Mackey ,Acting Director of Planning Dear Commissioners, I hereby req will be incl uest that the in uded in the code use. The antenna would be in at 5846 SW 68th Street. Sincerely yours, stallation of a communication antenna of business activities as permitted stalled on the rear of my property Mario Aristides Gonzalez `f u 0 Q ` Service City of South Miami Building, Zoning & Community Development 6130 Sunset Drive South Miami, F1. 33143 Attn: Mr. Bill Mackey ,Acting Director of Planning Dear Commissioners, I hereby req will be incl uest that the in uded in the code use. The antenna would be in at 5846 SW 68th Street. Sincerely yours, stallation of a communication antenna of business activities as permitted stalled on the rear of my property Mario Aristides Gonzalez `f u 0 Sonia Lama, AIA Director of Building, c:`.....repoms Telecom.res „City of Pleasant Living n "=