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04-20-04 Item 12c� INCORPORATED 1927 •t+� p R 1,0 CITY OF SOUTH MIAMI To: Honorable Mayor, Vice Mayor & Date: April 20, 2004 Commission Members ITEM NO. From: Maria Davis RE: Special Use Approval City Manager Stealth Antenna 6781 Sunset Dr. RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20 -10.6 OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO INSTALL A STEALTH ROOFTOP CELLULAR ANTENNA ON PROPERTY LOCATED AT 6781 SUNSET DRIVE, WITHIN THE "PI" PUBLIC INSTITUTIONAL ZONING USE DISTRICT: PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND The applicants, First Baptist Church of South Miami and Verizon Wireless are requesting approval to place a stealth cellular antenna on the church's property located at 6781 Sunset Drive. The facility will consist of antennas mounted inside a religious cross feature mounted at the roofline of the main sanctuary building. The existing religious cross on the south fagade will be replaced with a new cross. The highest point of the new cross with the antenna will be 92 feet above grade (20 ft. above the 72 ft. height of the structure). The antennas will be connected to an equipment cabinet to be located on the roof but not visible from Sunset Drive or SW 67th Ave. LEGISLATIVE HISTORY The applicants, First Baptist Church of South Miami and Verizon Wireless, were last before the City Commission on December 16, 2004. At that time, the Commission denied the special use application to place the stealth cellular antenna on the church's property. In January 2004, Verizon Wireless notified the City that it was filing a legal action challenging the City's denial of the application. The Court has directed the two parties to work out an agreement, which has resulted in the City agreeing to reconsider the special use approval and the applicant agreeing to make changes (height, color) in the proposal which would permit reconsideration. It was also agreed that the first reconsideration step would be design review by Special Use Approval 6781 Sunset Drive Page 2 of 4 the Environmental Review and Preservation Board. The Board, at its April 6, 2004 meeting, unanimously approved the proposed stealth cellular antenna. The City Commission has consented to reconsider the special use application after a public hearing. Notices have been sent to property owners within 500 feet of the church property. SITE ANALYSIS 1) The church property consists of a combined sanctuary and school building and two accessory structures in the rear. The sanctuary building with the bell tower is built to a height of 72 ft. The lot size is over 7 acres. 2) The existing zoning on the property is "PI', Public Institutional Use District which permits churches, schools, and government facilities. The maximum height of buildings in this district is to be compatible with the height of surrounding districts. The height approved for the church is 72 ft., thereby establishing the applicable height for the district at this location. 3) The property is surrounded by the following zoning districts and existing uses: - ZONING EXISTING USES North RS -3 Low Density Residential Single Family Residential East LO Low Intensity Office South RS -2 Semi- Estate Residential PI Public Institutional West RS -2 Semi- Estate Residential APPLICABLE REGULATIONS Office building/ 2 stories Single family residences Church Single family residences 1) The City's Land Development Code contains extensive regulations for siting of telecommunications tower and antennas. The proposal in this application is considered a stealth facility as defined in Section 20 -10.2 of the LDC: "Stealth Facility --Any telecommunication facility which is designed to blend into the surrounding environment. Examples of stealth facilities include, but are not limited to, architecturally screened, roof - mounted antennas, antennas integrated into architectural elements, and telecommunications towers designed to look like poles, power poles or trees" 2) The proposed facility is subject to requirements and minimum standards spelled out in Section 20 -10.4 which requires the submission of the following: Special Use Approval 6781 Sunset Drive Page 3 of 4 a) A property owner's letter consenting to the installation; b) An affidavit stating that within one -half mile of the site there are no other structures which can accommodate the facility(collocation); c) An affidavit stating that there will be no interference with other wireless communications in the vicinity; d) An affidavit stating that the facility is designed to meet the current wind load criteria as set forth in the South Florida Building Code; e) An affidavit that the facility is compatible with the design of the existing structure. 3) Section 20 -10.6 of the LDC provides that in certain zoning districts, a telecommunications tower may be approved administratively by the City Manager after review by the ERPB. However, this application is essentially a stealth tower which is defined as "a structure which blends into the existing surroundings ." It can be located in a "PI" zoning district if approved via the special use approval process. Specifically, Sec. 20 -10.6 (A) lb states that "stealth towers not exceeding 125 feet in height shall be permitted.... pursuant to special use approval in the following zoning district: Public /Institutional ". The approval process requires the affirmative vote of four City Commissioners, after receipt of a recommendation from the Planning Board. 4) In addition to the above, all special uses must comply with the conditions specified in LDC Section 20 -10.7 Procedure for Special Use, LDC Section 20- 3.4(A) requiring compatibility with the surrounding uses, and LDC Section 20 -5.8 requiring that the proposed use not adversely affect the health or safety of persons in the vicinity nor will it be detrimental to the public welfare or property in the area (LDC Sections attached). STAFF OBSERVATIONS 1) The applicant has submitted the appropriate documentation concerning other compatible locations being available, collocation potential (see letter from Nextel), compliance with the Building Code wind load standards, and a non- interference statement. 2) The height of the current cross is 22 feet above the 72 ' foot height of the building for an overall height of 94 feet above ground. The cross appears to be only a few inches wide. 3) The proposed stealth tower antenna also in the form of a cross will actually reduce the height of the cross from 94 feet to 92 feet. The new cross will be painted to match the building and will be 18 inches wide; the cross arm section will be 7 '/2 feet in length. 3) The use of a religious cross as an antenna is a good example of the stealth principle and will not visually impact the surrounding residential area which is made up of one story single family homes. 6) The proposed antenna will have no impact on the surrounding residential neighborhood and will not adversely affect the health or safety of persons in the vicinity nor will it be detrimental to the public welfare or property in the area. Special Use Approval 6781 Sunset Drive Page 4 of 4 7) The City's Environmental Review and Preservation Board reviewed the current revised application at its April 6, 2004 meeting unanimously approved the proposed stealth cellular antenna at that location. PLANNING DEPARTMENT RECOMMENDATION The Planning Department recommends approval of the revised application. RECOMMENDATION Approval of the revised application is recommended. It is important to note that the approval of the application requires the affirmative vote of four City Commissioners Attachments: Application Location map Letter of intent, 3 -26 -04 Affidavits Communication - Nextel I1 -10 -03 Excerpt from Planning Board Minutes 11125103 LDC Sections, 20 -3.4; 20 -5.8, 20 -10.6 Copies of Public notices Site Location report Survey / Site plan Illustration photos MD /DOD /SAY EAComm Items\2004 \4- 20- 04\PB -04 -005 Stealth 6781 Sunset.doc 1 2 RESOLUTION NO. 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 5 SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20 -10.6 6 OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO 7 INSTALL A STEALTH ROOFTOP CELLULAR ANTENNA. ON PROPERTY 8 LOCATED AT 6781 SUNSET DRIVE, WITHIN THE "PI" PUBLIC 9 INSTITUTIONAL ZONING USE DISTRICT: PROVIDING FOR AN EFFECTIVE 10 DATE. 11 12 13 14 WHEREAS First Baptist Church of South Miami and Verizon Wireless 15 submitted an application for a special, use to allow a stealth rooftop cellular antenna 16 tower on property located at 6781 Sunset Drive "PI" Public / Institutional Zoning 17 District; and 18 19 WHEREAS, Section 20 -10.6 of the South Miami Land Development Code 20 provides that a stealth antenna tower is permitted in a " PI" Public / Institutional 21 Zoning District as an accessory use pursuant to a special use approval process ;and 22 23 WHEREAS, a stealth communications facility is subject to requirements and 24 minimum standards specified in Land Development Code Section 20 -10.4 in 25 addition to compliance with conditions set forth in Land Development Code Sections 26 20- 3.4(A) and 20 -5.8, applicable to all special use approvals; and 27 28 WHEREAS, the approval of a special use requires a recommendation from 29 the Planning Board and the affirmative vote of four members of the City 30 Commission after public hearing; and 31 32 WHEREAS, at the November 25, 2003 Planning Board meeting the 33 professional staff of the Planning Department recommended approval based on the 34 fact that the applicant offered to reduce the height tower /cross to 92 feet; and. 35 36 WHEREAS, at its November 25, 2003 meeting the Planning Board failed to 37 adopt a motion with conditions recommending approval of the special use 38 application by a vote of 2 ayes and 4 nays; and 39 40 WHEREAS, on December 16, 2003, the City Commission conducted a 41 public hearing and adopted Resolution No. 227 -03 -11777 which denied the special 42 use application; and 43 44 WHEREAS, in January 2004, Verizon Wireless notified the City that it was 45 filing a legal action challenging the City's denial of the application; and 46 47 48 1 (2) 2 3 4 WHEREAS, the Circuit Court has directed the two parties to work out an 5 agreement which has resulted in the City agreeing to reconsider the special use 6 approval and the applicant agreeing to make changes in the proposal which would 7 permit reconsideration; and 8 9 WHEREAS, Sec.20- 5.8(E) of the City's Land development Code entitled 10 "Special Use Reapplication" provides that a reapplication for a special use shall not 11 be accepted by the city within twelve (12) months of the date of final disapproval by 12 the city commission of a previous application for a special use involving the same or 13 substantially the same property, unless evidence is submitted to and accepted by the 14 City Commission which justifies such reconsideration; and 15 16 WHEREAS, on March 26, 2004 First Baptist Church of South Miami and 17 Verizon Wireless submitted a request for reconsideration of a special use application 18 to allow a stealth rooftop cellular antenna tower on property located at 6781 Sunset 19 Drive in a " PI" Public / Institutional Zoning District; said application contains 20 revisions to the height and appearance of the proposed stealth rooftop cellular 21 antenna tower; and 22 23 WHEREAS, The City's Environmental Review and Preservation Board 24 reviewed the current revised application at its April 6, 2004 meeting unanimously 25 approved the proposed stealth cellular antenna at that location, and 26 27 WHEREAS, the City Commission at its April 20, 2004 meeting finds that 28 the applicant's revised application justifies reconsideration of the special use 29 application to allow a stealth rooftop cellular antenna tower on property located at 30 6781 Sunset Drive in a "PI" Public / Institutional Zoning District. 31 32 33 34 35 36 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 37 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 38 39 Section 1: The City Commission hereby approves the March 26, 2004 special use 40 application for the placement of a stealth rooftop antenna tower on property located 41 at 6781 Sunset Drive in a "PI" Public / Institutional Zoning District. 42 43 Section 2: This resolution shall take effect immediately upon approval. 44 45 46 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 (3) PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY EAComm Items\2003 \12- 16- 03\PB -03 -019 Stealth Resolution.doc 2004 APPROVED: MAYOR COMMISSION VOTE Mayor Russell: Vice Mayor Palmer: Commissioner Wiscombe: Commissioner Birts- Cooper: Commissioner Sherar: Pi City of South Miami Planning & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663 -6326; Fax: (305)666 -4591 Application For Public Hearing Before Planning Board & City Commission Address of Subject Property: -767 5" ,vs F j Pv-�q ;C Lot(s) Block Subdivision PB Meets & Bounds: Applicant: Phon g^; Representative: � .� Organization: e .,jo, eFguice -S � Address: S co go Pk ' Phone: ACA RA's FL— .d el ? Property Owner: Fca 66,6 � �� Signature: Mailing Address: � V1 1, A W i Phone: 6 -7 6 7 Sci,,i1m ,p r ills ale' � � qz, 0 7 Architect/Engineer: Phone: roc sso� A S- AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner Owner's Representative Contract to purchase _Option to purchase enant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY: _ Text Amendment to LDC VaL ce _ Letter of intent Zoning Map Amendment rr'Special Use _ Justifications for change PUD Approval _Special Exception _Statement of hardship PUD Major Change _Other - Proof of ownership or letter from owner e Power of attorney Briefly explain application and cite specific Code sections: _ Contract to purchase _Current survey (1 original sealed and , �. �,��, amps I0"e- IOCA 1,- isioe— signed /1 reduced copy @ 11" x 17 ") _ 15 copies of Site Plan and Floor Plans , �'i IACe &X!S ti ^j e tv C ro -S S v ir 7 1 reduced copy @ 11" x 17" _ 20% Property owner signatures Section: Subsection: Page #: Amended Date: _ Mailing labels (3 sets) and map Required Fee(s) The undersigned has read this completed a plication and represents that the information and all submitted materials are true and correct to the best of the applicant's knowledge d belief. ArIcatsiSignature and title Date Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected andpreturned to_the applicant. OFFICE USE ONLY: Date Filed Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Payment City of South Miami PB -04 -005 Special Use Reapplication and Approval - Stealth Rooftop Antenna First Baptist Church of South Miami and Verizon Wireless 6781 Sunset Drive 6700 ® 70 TO ® _ 6712 70 0 ■ 6708 ® 0 0 0 6716 - 6751 0 6830 6800 6790 6740 6706 6736 0 0 6780 ■ 0 755 74 0 0 6792 ■ 6800 6830 ■ ■ 6850 ■ 6900 ■ ■ 6864 6848 6832 6816 6800 6875 6861 6845 6831 6815 6801 7250 7335 ; 7300 7355 7400 7401 7441 6871 6851 7301 7300 7341 7340 6795 16755 7300 = 7341 7380 1 1 7381 7401 7400 SW 74TH ST 6790 6770 6750 6730 6700 7421 7420 7420 0 300 600 900 1,200 1,500 Feet 6701 6721 6741 6761 6781 6680 6670 = 0 ( 6801 6925 6931 SW 68TH F6821 6935 6990 7001 6951 6780 6760 6740 6720 6700 � 6675 6665 6655 6945 7010 7045 0 D 7011 69TH LA 6905 6901 6781 6761 6741 6721 6701 6660 7009 7250 7335 ; 7300 7355 7400 7401 7441 6871 6851 7301 7300 7341 7340 6795 16755 7300 = 7341 7380 1 1 7381 7401 7400 SW 74TH ST 6790 6770 6750 6730 6700 7421 7420 7420 0 300 600 900 1,200 1,500 Feet ® CIIAI TE 6680 6670 = 0 6940 6925 6931 SUBJECT 6940 6935 6990 7001 6951 6780 6760 6740 6720 6700 PROPERTY 6945 7010 7045 0 7011 69TH LA 6955 6901 7020 7009 7051 7029 6610 7049 6863 7040 SW 70TH LA 7115 U 0 7101 7113 7125 7100 00 6701 SW 71 ST LA 7133 7135 6891 6871 68216811 6851 6841 � 7143 7145 ■ SLIWSET DR SW 72ND ST 6890 6880 U 6868 6800 6790 6750 F7 _ 6896 7222 n 7221 7250 6900 7250 7335 ; 7300 7355 7400 7401 7441 6871 6851 7301 7300 7341 7340 6795 16755 7300 = 7341 7380 1 1 7381 7401 7400 SW 74TH ST 6790 6770 6750 6730 6700 7421 7420 7420 0 300 600 900 1,200 1,500 Feet HO Annapolis San Francisco L1 E I LL P Atlanta Seattle Bethesda Tallahassee Boston Tampa Bradenton Washington, D.C. Chicago ` West Palm Beach One East Broward Boulevard, Suite 1300 Fort Lauderdale P.O. Box 14070 (ZIP 33302 -4070) Jacksonville International Offices: Fort Lauderdale, Florida 33301 Lakeland Caracas- Los Angeles Helsinki , Miami Mexico City 954-525-1000 New York _ Rio de Janeiro FAX 954 - 463 -2030 Northern Virginia Sao Paulo www.hkiaw.com Orlando Tel Aviv— Portland Tokyo Providence St. Petersburg 'Holland & Knight LLC San Antonio — Representative Office March 26, 2004 GERALD L. IMGHT 954- 468 -7868 gerald.knight@hklaw.com Mr. Sanford Youkilis, City Planner City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: Verizon Wireless Application for South Miami Baptist Church Dear Mr. Youkilis: Please find enclosed applications for the ERPD and City Commission approval for the placement of a stealth telecommunication facility at the South Miami Baptist Church in the City of South Miami, Florida. These applications are being submitted for re- consideration of the prior application that was submitted by Verizon Wireless for this location. The enclosed applications are being submitted to the City pursuant to settlement discussions in the case of Verizon Wireless Personal Communications LP d/b /a Verizon Wireless v. The City of South Miami (Case No. 04- 20133 -Civ., U.S. District Court, S. District of Florida) and, therefore, are privileged communications. Thank you for your consideration. Sin IKK MAR 2 6 2004 By: Enclosures Mr. Sanford Youkilis March 26, 2004 Page 2 cc: Earl G. Gallop, Esq., City Attorney (w /o encls.) # 1813846_vl UA ve� mmmehass October 16, 2003 VIA HAND DELIVERY City of South Miami Department of Planning and Zoning 6130 Sunset Drive South Miami, Florida 33143 Re: Proposed Stealth Rooftop Antennas at the First Baptist Church of South Miami 6781 Sunset Drive. Mr. Youkilis: On behalf of VERIZON WIRELESS PERSONAL COMMUNICATIONS LP d/b /a Verizon Wireless (LESSEE) and the First Baptist Church of South Miami (PROPERTY OWNER) we are submitting this letter and the supporting documentation as a request for a Special Use Permit to install stealth rooftop antennas inside a Cross pursuant to Article X, Section 20 -10 of the City of South Miami's Land Development Code. In this case, Verizon is proposing to install three (3) antennas inside a cross on the rooftop of the First Baptist Church. Verizon will replace the existing cross with one that will house their antennas and allow space for two more antenna installations or collocations. The existing cross extends 22 feet above the bell tower structure (72ft.) for a total height of 94 feet above ground. Verizon proposes to extend the existing cross height by 18 feet or 40 feet above the bell tower structure for a total height of 112 feet from the ground to the top of the cross: The computer equipment cabinets will be on the roof as well and will be screened from view by the taller church structure. This property, according to the City of South Miami Zoning Map, is located within a PI district at 6781 Sunset Drive (Folio #09 4026- 000 - 0130). According to Article X, Section 20 -5.8 Special Use Approval, prior to approving a special use the city commission should review the application based on the following criteria. Below are the criteria and a narrative detailing Verizon's compliance with each: • Will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use. Verizon's stealth cross antenna facility will be designed according to all local, state, and federal codes and regulations and telecommunication industry standards. Detailed drawings certifying the proposed stealth cross will be provided to the City of South Miami Building Department as a part of Verizon's building permit application. The antenna facility is safe and will even enhance Emergency E911 services in this area of the City of South Miami and Miami -Dade County. • Will not be detrimental to the public welfare or property or improvements in the neighborhood. The proposed stealth cross will not be detrimental to the surrounding neighborhood as it is designed to blend into the existing structure and neighborhood. All the antennas will be housed inside the stealth cross and will not be visible. The cross and coaxial cables will be painted to match the color of the existing cross and church building. The associated equipment cabinets will be installed on the north side of the church's roof and will not be visible from Sunset Drive or Ludlam Road. Also, Verizon is designing the cross to allow for two additional antenna installations for a future collocation by Nextel Communications and any other interested wireless antenna company. • Complies with all other applicable Code provisions. Verizon's stealth cross antenna facility will comply with all other applicable City Code provisions. The proposed cross antennas are a permitted use in the PI zoning district requiring Special Use approval. Following Special Use Approval, Verizon will obtain a building permit that will ensure compliance with all local and state building code requirements. Attachments: ® Power of Attorney • Warranty Deed 15 site plans and 1 (1 1x17) • $1,750.00 Special Use Fee • $1,500.00 Telecommunication Review Fee • 3 copies of the Public Notice Labels and map • Application Notification. Affidavit Photo - simulations ® Wind - loading Capacity Statement - • Non- interference Statement If you have any questions please contact me at my office (561) 226 -9453 or my email 1proffittQsbasite.com. Thank you, f Jus T. Proffitt Zoning Specialist SBA Network Services, on behalf of Verizon Wireless r AFFIDAVIT Verizon Search Ring: #68233 Verizon Site Name: First Baptist Church of South Miami - Stealth Cross I, Justin Proffitt, Zoning Specialist, attest and affirm that based on an extensive review of the search area #68233, issued by Verizon Wireless on July 19, 2001, no useable tower or antenna support structure, city or privately owned, meeting Verizon's requirements was identified. This review is based on Verizon's intended coverage area and within a radius of a %2 mile surrounding the proposed stealth cross antenna facility. Attached to this affidavit is a map and inventory of all existing towers or antenna support structures submitted to Verizon Wireless staff for review and consideration. Also, attached is a copy of an email correspondence between the Assistant City Manager, Orlando Martinez, and I discussing the city's lack of interest in using the baseball field light poles at the City's Palmer Park. iWProffitt, SBA Network Services, INC. Notarized Statement: STATE OF 'F1b R_i h Pr COUNTY OF ':SA-b E The fore instrument was acknowledged before me this O oing G_tG ,gyp —,2001, El by `C d � S-r'i N1 PP-04T I r (AF •,�;Y,,,•,, FI I7 ETH M. RE A . �pR P�K s ar; X-oki MY COMMISSION # CC 999115 is, EXPIRES: May 25, 2005 Bonded Thru Notary Public Untlerwriters My commission expires: day of (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC—STATE OF Flolef)SA FUZA. &M4 M - 'ee-64 (PRINTED, TYPED OR STAMPED NAME OF NOTARY) COMMISSION NUMBER: Lye, 1'-f l 11 S Jlt 777 Yamato Road - 6th Floor Gustavo Dezzuto Boca Raton, Florida 33431 Construction Project Manager (561) 995 -5794 fax (561) 995 -5568 September 16, 2003 Sanford Youkilis City of South Miami Planning and Zoning Department 6130 Sunset Drive South Miami, Florida 33143 Re: Proposed Wind- Loading Capacity Stealth Cross Housing Verizon's Antennas. Mr. Youkilis: The proposed stealth cross will be designed in accordance with the 2001 Florida Building Code, City of South Miami Codes and Ordinances, and the TIA/EIA — 222 -F 1996 "Structural Standard for Steel Antenna Towers and Antenna Supporting Structures." The wind load requirement is based upon a 3- second gust wind speed condition of 146 MPH with no ice for Miami -Dade County. Detailed drawings certifying.the proposed monopole tower will be provided to the City of South Miami Building Department as a part of Verizon's building permit application. If you have any questiono,`gr neefi�4dditional information please contact me at my office (561) 995 - 5794. IM!i Constr 6tion Manager Verizon Wireless STATE OF 2'r L- ! b6 COUNTY OF L � The foregoing instrument was Sworn to and Subscribed before me this 1 1J7-'`day of , 20 by who is personally know to me ..or -- he --- has- -- Mdtieed ca ion. Witness my signature and official seal this (/ day of re 1 f2 , in the County and State aforesaid. Print Name of Notary Pub _u,T - % -- f Signature of Notary Public OFFICIAL NOTARY SEAL E?HINE CONDE ' My Commission Expires: �� cOMWAISSION NUMBER d DD 024074 COC+AmtmoN Errr3FICS _, F o_0 MAN 8,2005 Verizon Wireless 777 Yamato Road Suite 600 Boca Raton, FL 33431 September 16, 2003 Sanford Youkilis Department of Planning and Zoning 6130 Sunset Drive South Miami, Florida 33143 RE: Site name /number: First Baptist Church of South Miami/ #68233 Address: 6767 Sunset Drive, South Miami, F1.33143 Dear Sir: Verizon Wireless and/or affiliates ( "Verizon Wireless ") operate a PCS network authorized by the Federal Communications Commission (FCC) to provide state of the art digital wireless communications in many parts of the nation, including Florida. Verizon Wireless' operations and network are licensed and regulated by the FCC. The RF design, as proposed for the above noted site, is. in compliance with all applicable FCC requirements. In addition, the proposed site meets all applicable ANSI/IEEE C95.1 =1992 exposure levels, as adopted by the FCC requirements. Verizon Wireless is committed to assuring the safety and welfare of its employees, the public and the environment. Additionally, upon receipt of notification from the FCC and/or The City of South Miami, Florida, that harmful interference is being caused by the licensee's emitter, the licensee shall either immediately reduce the power to the point of no interference, cease operation, or take such immediate corrective action as is necessary to eliminate the harmful interference. If you have any questions, please do not hesitate to contact me at (561) 995 -5564. STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2003 by Weimar Taborga, as Manager, System Performance of Verizon Wireless Personal Communications LP, a Delaware Limited Partnership, d/b /a Verizon Wireless. He is personally known to me e�ttee ac i[1Pnti'Fira+ inn (Printed/Typed/Stamped Notary Name) O�P�2Y pU OFFICWINOTARYSEAL JOSEPHINE CONDE COMMISSION NUMBER DD 024074 ° MY COMMISSION EXPIRES F FL� MAY 8,2005 />'0 ffizial ° Notary Signature) Nota Public — State of Florida Mr. Sanford Youkilis City of South Miami 6130 Sunset Drive South Miami, FL 33143 RE: Telecommunication facility application filed by Verizon Wireless located at the First Baptist Church of South Miami at 6781 Sunset Drive, South Miami, Florida. Dear Mr: Youldlis: As per our telephone conversation, please accept this letter as Nextel Communications letter of intent to collocate on the existing and proposed structure being constructed by Verizon Wireless, at the above referenced property. Nextel is proposing to install three (3) antennas inside the proposed stealth structure, if approved by the City at the November 25, 2003 hearing, in addition to installing an equipment cabinet on the roof (see attached specs), similar to the one being proposed by Verizon. Nextel asks that you please take this letter of intent into consideration when considering the Verizon proposal, to possibly avoid Nextel having to take up the cities time in going through a special exception process as well. Nextel will have a representative at the hearing if the city has any questions or concerns to be addressed. Additionally, I can be reached at 954- 444 -2822 if any further information is needed before the hearing. Thank you in advance for all your time and consideration on this matter. Respectfu ly, Bart Simon Representative for Nextel Communications imt CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, November 25,2003 Cif Commission Chambers 7:30 P.M. EXCERPT I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:55 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton, Chairperson, requested a roll call. Board members present constituting a quorum: Mr. Morton, Mr. Liddy, Mr. Mann, Ms. Gibson, Ms. Yates, and Mr. Comendeiro. Board members absent: Mr. Illas City staff present: Michael A. Sprovero, CBO (Executive Director of Community Development), Sanford A. Youkilis, AICP (Acting Planning and Zoning Director), Eve Boutsis,Esq (City Attorney), James McCants (Community Outreach Coord.), Gremaf Reyes (Video Support), and Patricia E. Lauderman (Planning Board Secretary). III. Public Hearing (Mr. Morton swore in speakers) PB -03 -019 Applicant: First Baptist Church of South Miami and Verizon Wireless Location: 6781 Sunset Drive Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 1VIIANII, RELATING TO A REQUEST PURSUANT TO SECTION 20 -10.6 OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO INSTALL A STEALTH ROOFTOP CELLULAR ANTENNA ON PROPERTY LOCATED AT 6781 SUNSET DRIVE, WITHIN THE "PI" PUBLIC INSTITUTIONAL ZONING USE DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. Applicant present: Jason Lasky representing Verizon Wireless, Corp , Gustavo Dezuco (Structural Engineer). Planning Board Meeting November 25, 2003 Mr. Youkilis made a staff presentation explaining that the applicants were requesting approval to place a stealth cellular antenna on the church's property located at 6781 Sunset Drive. The facility will consist an antenna mounted inside a religious cross feature mounted at the 'roofline of the main sanctuary building. The existing religious cross on the south fagade will be replaced with a new cross. The highest point of the new cross with the antenna will be 112 feet above grade (40 ft. above the 72 ft. height of the structure). The antenna will be connected to an equipment cabinet to be located on the roof but not visible from Sunset Drive or SW 67th Ave Mr. Youkilis advised that the Planning Department was recommending denial of the application because the proposed tower, at the scale proposed, will detract from the architectural character of the building and as a special use the application is not compatible or complementary to the surrounding uses and as such does not meet the requirements set forth in section 20- 3.4(a)(2) of the LDC Speakers: NAME Craig Z. Sherar Michelle Q. R. Ramj it Gerald Knight Barbara Acker Mirla Arteaga Paula A. Eisenhart Wayne LaMora Cathy McCann 1113 IN 6501 SW 0" Street - supported application 5867 SW 68th Street - opposed " 6845 SW 59t'.Place - opposed " 320 NE 23 Avenue - opposed " 7222 SW 68th Ct - opposed " 6720 SW 69 Terrace - opposed " 7029 SW 68 Ct. - opposed " 6970 Sunset Drive - opposed " 5820 SW 87 Street - opposed " During discussion the applicant offered to reduce the height of the antenna so that the existing 94 foot height above ground would be maintained. The width of the antenna would need to stay at the proposed 18 inches. The Planning Director advised that based upon the applicant's height concession, he would recommend approval. Motion: Mr. Morton moved to recommend the approval of the application with the following conditions: that the stealth tower height (cross ) be limited to a height of 94 feet above ground; that the staff verifies if the setback of the tower is at least 110% times the height of the tower; and that the City Attorney is to advise on the issue of requiring the church to pay property taxes on any increased assessment was an appropriate requirement. Ms. Gibson seconded the motion. Vote: Ayes 2 Nays 4 ( Mr. Mann, Ms. Yates, Mr. Comendeiro, Mr. Liddy). The motion failed to pass. (2) E:\PB\PB Minutes\2003 Minutes\Excerpt Church Cell Tower 11- 25- 03.doc DEIa INITIONS. 20 -3.4 (10) Tables, chairs and All. ther furniture used in the operation of an outdoor seating/dining area on the public rights -of -way shall not be anchored or restrained in any manner. Individual table ur: rellas, planters, or other such none stationary. elements may be . permitted within the outdoor seating /dining area. (11) .Outdoor seating /dining use and area on public _rights -of way shall be restricted to the length of the sidewalk or public right- of-way immediately fronting the cafe or- other establishment. The "utilization of space extending.on either side beyond the subject ' , propertyfrontage.riay be 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 beat the same elevation.as the adjoining sidewalk . or public right- of-way.. . (13) Carts and trays for serving food.are permitted in the outdoor seating/dining area. (14) Outdoor seating /dining use And area shall not be provided with amplified sound of any 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. N6.',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. N -o. 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," 84-92; 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. Any of the following special uses may be approved and permitted by the city commission at - a public hearing, after .a recommendation by the planning board, provided that such, use is. specifically listed as a permitted. special use in the appropriate district column in" the 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 w: ith all requirements established in the appropriate zoning use district, unless additional or more restrictive requirements are set forth below or by the city commission. (2) " All such uses shall be determined to be of a compatible and complementary nature with any existing or planned surrounding uses. (3) A public hearing shall be held by the city commission to determine the overall compatibility of the use with the surrounding neighborhood.. \ 5upp. No. 4 39. PROCEDURES AND APPLICATIONS 20-58 (E). 'Oplication'Requirements.. With the : complete application, applicants. shall also submit a letter of intent, a property survey by a 'registered surveyor and a document indicating. the. written sworn consent of the owners of at least seventy -five (75) percent of the subject prop' my_or persons_ with a contract to purchase conditioned on rezoning approval. Such consent may be . given by duly authorized agents of owners and agency shall. be.eyidenced by a proper written. power of attomey. (F). Neighborhood Concurrence. All applications for a rezoning shall be.accompaniedby 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 of such property owners, indicating their awareness of the proposed rezoning petition. :.. (Ord: No..11 -90 -141,- 21 -90) 20- S:g.Special use approvals (.A) Use Schedule Reference. A special use may be granted for any use indicated in the Pemutted.lise. ..Schedule (Section 20 -3.4E) with an "S." designation in the appropriate district column. (B) Required Conditions: (1) Prior to'approvingg a special use; the city- comrnission shall find that- such use meets the conditional requirements set forth- in Section 2M).4 and that it: (a) Will not adversely affect the health or safety of persons residing.os working in the vicinity of the proposed, use; v (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 the foregoing requirements. (C) Expiration of Special Use Approvals. An approved special use shall Iapse 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 if a proper and timely request is made by `.the Applicant* prior to the 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 20 -5.9 PROCEDURES AivD APPLICATIONS (F) ,application Requirements. An application for a special use'shall include:: property survey by registered surveyor; (2) A letter of intent; . (3) A. site plari for any .nonresidential use - showing . the' information required for _s.ite plan review approval in Section 20 =5.11; .. (4)' Where`the'Use includes a vehicular use area or Iandscaped buffer; a. proposed landscape plan and information reearding.permanent maintenance arrangements; (5) A neighborhood location map showing all surrounding land uses within five hundred (500) feet of the proposed site; . (6) All information required for any other type of application which is being processed simultaneously or for any other type of application; and (7) Any other information necessary to demonstrate that the proposed special use will conform fully.,with the requirements of this Code. 20 -5.9 Variance'appr.ovals.., - (A) Expiration of.Yariance Approvals:"A variance approved pursuant to Section 20 -5.5 shall lapse after. six (6) months if no substantial construction or change of use has taken place in: accordance with the request for such.variance and if the city commission has not specked 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 if .a 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 of intent indicating the specific nature of the hardship upon which the request is based (D) Property Survey Required. All applications for a variance shall include a current property survey prepared by a.registered surveyor. (E) TJeighborhood Concurrence. All applications fora 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 ofat.least twenty (20) percent of such property owners, indicating .their awareness of the proposed variance request. (F) Proposed Site Plan Required. A .site plan shall be -required showing all proposed buildings and setbacks and any other features relating to the variance request.. (G) Permitted Variance Requests. Applications for variances shall be restricted to only the fallowing: (1) Yard setbacks Supp.'No.' SA 112 20 -10.5 SOUTH MIAMI LAND DEVELOPMENT CODE b. Stealth towers not exceeding 125 feet in height shall be permitted as a principal or accessory use in the following zoning districts: MO _ Medium- Intensity Office SR Specialty Retail TODD Transit- Oriented Development District C. A stealth tower and antenna designed to look like a light pole may replace a light pole, which existed before the adoption of this Ordinance, located in the PR district, provided that the height of the stealth tower and antenna do not exceed the height of the existing light pole by more than ten (10) feet. 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 of a stealth facility. 2. Non - Stealth Facilities. a. Non - Stealth antennas mounted to buildings or rooftops, not exceeding 15 feet above the roofline and 5 feet above the maximum height of the applicable zoning district, shall be permitted as an accessory use in the following zoning districts: MU- 5/TODD Transit- Oriented Development District b• Any non - stealth building or rooftop antennas approved administratively shall only be permitted on buildings in excess of 40 feet in height. (Ord. No. 24- 98- 1672, § 2, 11- 17 -98) 20.10.6. Uses requiring special use approval. (A) The following uses may be approved pursuant to the special use process, as regulated by the Land Development Code: L Stealth Facilities. a. Stealth rooftop or building mounted antennas, not exceeding 25 feet above the roofline and 10 feet above 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 PI . Public/Institutional LO Low Intensity Office GR General Retail H Hospital PUD Planned Unit Development b. Stealth towers not exceeding 125 feet in height shall be permitted as a principal or accessory use pursuant to special use approval in the following zoning district: Supp. No. 4 214 SITTING REGLTLATIONS FOR TELECOMMUNICATION TOWERS 20 -10.7 PI PubliclInstitutioxial 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 of a 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 5 feet above 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- Orietited Development District PI Public/Institutional . b. Any non - stealth building or rooftop antennas permitted pursuant to special use approval shall only be permitted 'on buildings in excess of 30 feet in heicr C. Monopoles not exceeding 125. feet in height may be permitted in the following zoning districts pursuant to special use approval: ?'I Public/Institutional (Ord. No. 24 -98 -1672, 2, 11- 17 -98) 20 -10.7 Procedure. for special use.. Any'of the permitted special uses in this Article maybe approved and ` permitted by. the City Comnssion at a public hearing, upon an affirmative vote of four of the Commissioners, after . a recommendation by the Planning. Board, provided that the use complies with the require- ments of this .Article, Section 20- 3.4(A), entitled "General Requirements;" Section 20 -5.8, entitled"," Special use approvals," and any other requirements and. conditions the. City Commission may consider appropriate and necessary. supp. No. 4 215 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 O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Ho idays) newspaper, published at Miami in Mlaml -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARINGS 4/20/04 in the XXXX Court, was published in said newspaper in the issues of 04/09/2004 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount ate, commission or refund for the purpose of securin is ad (semen for publication in the said . newspa r. Sworn to andrs ribed before me 09 "of , A.� (SEAL) V �- O.V. FERBEYRE personally known to me F(,R) )r'FICIAL NOT 'l SEAL 3,iNE�TLLL?� ,r�A Y PUBLIC S' iTA:ft; O}� FLORRIDA OMISSION NO. CC 912958 Mr ISTON .�''.SEn. 3trTW,J , 23, 2004 South Miami CITY OF SOUTH MIAMI OFFICE OF THE CITY CLERK TELEPHONE 305.663.6340 FAX 305.663.6348 FAX COVER SHEET DATE: "" 1 '—O '7` TO: ATTN: ��L( FROM: Maria M. Menendez, City Clerk Fax #: 5 4 - 63-2-036 RE: PAGES (INCL. COVER) COMMENTS: J: \My DocmmentsTormsTAX C®VER.doc