05-04-04 Item 10CITY OF SOUTH MIAMI
To: Honorable Mayor, Vice Mayor & Date: May 4, 2004
Commission Members O
.ITEM NO.
From: Maria Davis RE: Special Use Reapplication
• City Manager 44 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 -5.8 OF THE LAND
DEVELOPMENT CODE TO CONSIDER A SPECIAL USE REAPPLICATION TO ALLOW
FOR THE INSTALLATION OF A STEALTH ROOFTOP CELLULAR ANTENNA TOWER
ON PROPERTY LOCATED AT 6781 SUNSET DRIVE WITHIN THE "PI ", PUBLIC /
INSTITUTIONAL ZONING DISTRICT
BACKGROUND
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 a stealth cellular antenna on the church's property located at 6781 Sunset
Drive. The antenna would have been mounted inside a religious cross feature mounted at the
roofline of the main sanctuary building.
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
the ERPB. The Board at its April 6, 2004 meeting unanimously approved the proposed stealth
cellular antenna,
SPECIAL USE RECONSIDERATION
Pursuant to the LDC Sec.20- 5.8(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
Special Use Reapplication
6781 Sunset Drive
Page 2 of 2
evidence is submitted to and accepted by the city commission which justifies such
reconsideration. "
The applicant on March 26, 2004 submitted a revised application to install a stealth cellular
antenna on the church's property located at 6781 Sunset Drive. The revised application includes
a reduction in height of the stealth antenna from 94 feet to 92 feet and a change in color. The
applicant is requesting the City Commission to accept these changes as justification for
reconsidering the application.
RECOMMENDATION
It is recommended that attached resolution stating that the City Commission accepts the evidence
that the application has been revised and a reconsideration of the special use application is
justified, be adopted.
Attachments:
Draft Resolution
Application
Letter of intent, 3 -26 -04
Copies of Public notices
MD /DOD /SAY
E: \Comm Items \2004 \5- 4- 04\PB -04 -005 Stealth Antenna Reapplication.doc
1
2 RESOLUTION NO.
3
4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
5 OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION
6 20 -5.8 OF THE LAND DEVELOPMENT CODE TO CONSIDER A SPECIAL USE
7 REAPPLICATION TO ALLOW FOR THE INSTALLATION OF A STEALTH
8 ROOFTOP CELLULAR ANTENNA TOWER ON PROPERTY LOCATED AT
9 6781 SUNSET DRIVE WITHIN THE "PI ", PUBLIC / INSTITUTIONAL ZONING
10 DISTRICT
11
12
13 WHEREAS in October, 2003 First Baptist Church of South Miami and
14 Verizon Wireless submitted an application for a special use to allow a stealth
15 rooftop cellular antenna tower on property located at 6781 Sunset Drive "PI" Public /
16 Institutional Zoning District; and
17
18 WHEREAS, the approval of a special use requires a recommendation from
19 the Planning Board and the affirmative vote of four members of the City
20 Commission after public hearing; and
21
22 WHEREAS, on November 25, 2003, the Planning Board failed to adopt a
23 motion with conditions recommending approval of the special use application; and.
24
25 WHEREAS, on December 16, 2003, the City Commission conducted a
26 public hearing and adopted Resolution No. 227 -03 -11777 which denied the special
27 use application; and
28
29 WHEREAS, in January 2004, Verizon Wireless notified the City that it was
30 filing a legal action challenging the City's denial of the application; and
31
32 WHEREAS, the Circuit Court has directed the two parties to work out an
33 agreement which has resulted in the City agreeing to reconsider the special use
34 approval and the applicant agreeing to make changes in the proposal which would
35 permit reconsideration; and
36
37 WHEREAS, Sec.20- 5.8(E) of the City's Land development Code entitled
38 "Special Use Reapplication" provides that a reapplication for a special use shall not
39 be accepted by the city within twelve (12) months of the date of final disapproval by
40 the city commission of a previous application for a special use involving the same or
41 substantially the same property, unless evidence is submitted to and accepted by the
42 City Commission which justifies such reconsideration; and
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(2)
WHEREAS on March 26, 2004 First Baptist Church of South Miami and
Verizon Wireless submitted a request for reconsideration of a special use application
to allow a stealth rooftop cellular antenna tower on property located at 6781 Sunset
Drive "PI" Public / Institutional Zoning District; said application contains revisions
to the height and appearance of the proposed stealth rooftop cellular antenna tower.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Commission finds that the applicant's revised application
submitted on March 26, 2004 justifies reconsideration of the special use application
to allow a stealth rooftop cellular antenna tower on property located at 6781 Sunset
Drive "PI" Public / Institutional Zoning District.
Section 2. The City Clerk has notified all property owners within 500 feet of the
subject property that the City Commission at its April 20, 2004 will consider the
revised application to allow a stealth rooftop cellular antenna tower on property
located at 6781 Sunset Drive "PI" Public / Institutional Zoning District.
Section 3. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
, 2004.
MAYOR
COMMISSION VOTE
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts- Cooper:
Commissioner Sherar:
WCGRUMPLANNING \Comm Items\2004 \4- 20- 04\PB -04 -005 Stealth Resolution Ldoc
P /3 -0, -c co-, 57
AMEM City of South Miami
Planning & Zoning Department
T7 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: �,--7 &-7 5z,,,vs eL %,;i;6
Lot(s) Block Subdivision
PB
Meets & Bounds:
_ Zoning Map Amendment
Applicant jj Phon p^1
,eg i ,2r. Wi,g2e
Representative: - s� � �
Organization: -5 1?A e e -k :5e.9utLv—s
Address: 5 7,a , So�A,ct Pk�;V 14ej
Phone:
(305) 3 l
OCA RA.1z „J FL— 311/9?
Property Owner: e4, $ w.c to
Signature:
Mailing Phone
ng Address: �`� 1 Ph:
6 76 -7 Bugs f p,-i 5. OM,,” FC 35141 C � �-� ell, 13 7
Arch iteJjct/Enginee / yr: 1}�_
o11Y�11 �� da.i1% Y'YY® A�JG�c— ' 1 —�
Phoner [� yg
1 m�J `�� f✓" l�e�
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: �'
_Owner _Owner's Representative _Contract to purchase _Option to purchase io4enant/Lessee
kPPLICATION IS HEREBY MADE FOR THE FO OWING:
'LEASE CHECK THE APPROPRIATE ITEM:
Text Amendment to LDC
_VaV ce
_ Zoning Map Amendment
_tf pecial Use
_ PUD Approval
_Special Exception
_ PUD Major Change
_Other
Briefly explain application and cite specific Code sections:
Subsection: Page #: Amended Date:
SUBMITTED MATERIALS
PLEASE CHECK ALL THAT APPLY:
Letter of intent
_ Justifications for change
- Statement of hardship
_ Proof of ownership or letter from owner
Power of attorney
_ Dntract to purchase
_ Current survey (1 original sealed and
05 copies ned /1 reduced copy @ 11" x 17 ")
of Site Plan and Floor Plans
1 reduced copy @ 11" x 17"
_ 20 % Property owner signatures
_ Mailing labels (3 sets) and map
_ Required Fee(s)
The undersigned has read this completed application and represents that the information and all submitted materials are true and
correct to the best of the applicant's knowledge d belief.
A 'canfslSignature and title �� Date
g'1 ;2V; -J 1i a" rt�SS � r / /9�i�do✓y� ra Z"i� Gl'i d
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 andreturned to.-the applicant.
OFFICE USE ONLY:
Date Filed Date of PB Hearing Date of Commission
Petition Required Petition Accepted
Method of Pavment
HOLLAND & ENIGHT LLP
One East Broward Boulevard, Suite 1300
P.O. Box 14070 (ZIP 33302 -4070)
Fort Lauderdale, Florida 33301
954 - 525 -1000
FAX 954 -463 -2030
www.hklaw.com
March 26, 2004
Mr. Sanford Youkilis, City Planner
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Annapolis
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"Holland & Knight LLC
San Antonio
"Representative Office
GERALD L. KNIGHT
954 - 468 -7868
gerald.knght@hklaw.com
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.
Sincerely yours
HOLLAND
MAR 2 6 2004 By: / /f/
GEAt/b L.
Enclosures
Mr. Sanford Youkilis
March 26, 2004
Page 2
cc: Earl G. Gallop, Esq., City Attorney (w /o encls.)
# 1813846_v1
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 Holidays) newspaper, published at iviiami in Miaml -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 his ad isemen for publication in the said
newspa r.
Sworn to anZi ribed before me this
09 day of A.(
6� -r
(SEAL)
O.V. FERBEYRE personally known to me
OFFICIAL NOT `t SEAL
JANET LLERE'rd A
NOTARY PUBLIC ST i'E OF FLORDA
COMISStO ' NO. CC 912958
W1 COMIMM ONI EXP. JUNE 23, 2004