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HomeMy WebLinkAboutO-09113ORDINANCE NO. S? 1 1. 3 AN ORDINANCE RECOMMENDING APPROVAL OF AN A14ENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE NO. 6871, BY DELETING SECTION 32, ARTICLE IV IN ITS ENTIRETY AND IN LIEU THEREOF SUBSTITUTE A NEW SECTION 32, TO READ AS FOLLOWS: "PUBLIC UTILITIES" STRUCTURES OR USES REQUIRED FOR SUCH PUBLIC UTILITIES (PRIVATELY OWNED AND OPERATED) AS GAS, ELECTRIC, TELEPHONE, AND COMMUNICATION BROADCASTING TOWERS WHEN LOCATED ON PUBLICA.LLY OWNED LAND AND LOCATED AT LEAST 2500 FEET FROM ANY RESIDENTIAL DEVELOPMENT, CAN BE LOCATED WITHI14 ANY DISTRICT, WHERE NOT SPECIFICALLY PRESCRIBED AND LISTED, UPON RECOMMENDATION OF THE PLANNING ADVISORY BOARD AND APPROVAL OF THE CITY COMMISSION MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF: BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY PROVISION. WHEREAS, the Miami Planning Advisory Board, at its meeting of May 7, 1980, Item No. 1 following an advertised hearing adopted Resolution No. PAB 13-80 by a 7 to 0 vote recommending an amendment to Ordinance No. 6871, the Comprehensive Zoning Ordinance of the City of Miami, by deleting Section 32 of Article IV, GENERAL PROVISIONS, to permit broadcasting towers to be located in any zoning district, as hereinafter set forth; and WHEREAS, the Commission deems it advisable and in the best interest of the City of Miami and its inhabitants to amend said Ordinance as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That Ordinance No. 6871, the Comprehensive Zoning Ordinance of the City of Miami be and the same is hereby amended by Section 32, Article IV in its entirety and in lieu thereof substitute a new Section 32, to read as follows: Section 32 - PUBLIC UTITLITIES Structures or uses required for such public utilities (privately owned and operated) as gas, electric, telephone and communication broadcasting towers when located on publically owned land and located at least 2500 FEET from any residential development, can be located within any district, where not specifically prescribed and listed, ORDINANCE NO. S? 1 13 AN ORDINANCE RECOMMENDING APPROVAL OF AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE NO. 6871, BY DELETING SECTION 32, ARTICLE IV IN ITS ENTIRETY AND IN LIEU THEREOF SUBSTITUTE A NEW SECTION 32, TO READ AS FOLLOWS: "PUBLIC UTILITIES" STRUCTURES OR USES REQUIRED FOR SUCH PUBLIC UTILITIES (PRIVATELY OWNED AND OPERATED) AS GAS, ELECTRIC, TELEPHONE, AND COMMUNICATION BROADCASTING TOWERS WHEN LOCATED ON PUBLICALLY OWNED LAND AND LOCATED AT LEAST 2500 FEET FROM ANY RESIDENTIAL DEVELOPMENT, CAN BE LOCATED WITHI14 ANY DISTRICT, WHERE NOT SPECIFICALLY PRESCRIBED AND LISTED, UPON RECOMMENDATION OF THE PLANNING ADVISORY BOARD AND APPROVAL OF THE CITY COMMISSION MAKING THE NECESSARY CHANGES IN THE. ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF: BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY PROVISION. WHEREAS, the Miami Planning Advisory Board, at its meeting of May 7, 1980, Item No. 1 following an advertised hearing adopted Resolution No. PAB 13-80 by a 7 to 0 vote recommending an amendment to Ordinance No. 6871, the Comprehensive Zoning Ordinance of the City of Miami, by deleting Section 32 of Article IV, GENERAL PROVISIONS, to permit broadcasting towers to be located in any zoning district, as hereinafter set forth; and WHEREAS, the Commission deems it advisable and in the best interest of the City of Miami and its inhabitants to amend said Ordinance as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That Ordinance No. 6871, the Comprehensive Zoning Ordinance of the City of Miami be and the same is hereby amended by Section 32, Article IV in its entirety and in lieu thereof substitute a new Section 32, to read as follows: Section 32 - PUBLIC UTITLITIES Structures or uses required for such public utilities (privately owned and operated) as gas, electric, telephone and communication broadcasting towers when located on publically owned land and located at least 2500 FEET from any residential development, can be located within any district, where not specifically prescribed and listed, upon recommendation of the Planning Advisory Board and approval of the City Commission. Section 3. All ordinances, code sections, or parts thereof in conflict herewith, insofar as they are in conflict, are hereby repealed. Section 4. Should any part or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole. PASSED ON FIRST READING BY TITLE ONLY this n�_____day Of May , 1980. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 6 day of ATTEST: ITY CLERK LPH G. ONGIE PREPARED AND APPROVED BY: !( V&Q J. MICHAEV HAYG00 ASSISTANT CITY ATTORNEY APPROVED AS TO CITY JUNE , 1980. MAURICE A. FERRE M A Y O R CORRECTNESS: -2- 9113 1 MIAMI REVIEW AND DAILY RECORD l Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Becky Caskey, who on oath says that she is the Assistant Director of Legal Advertising of the Miami Review and Daily Record, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement or Notice in the matter of CITY OF MIAMI ................................................................................................. Be_; ...... ....9JA.................................. in the ............................ XXX.................................. Court, was published in said newspaper in the issues of June 13, 1980 .................................................................................................. Affiant further says that the said Miami Review and Daily Record is a newspaper published at Miami, In said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said 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 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 she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the p r;9se of securing this advertisement for publicatig'llp( the said ngy#Agpper„ J d3j �9 ............... •, I y (ORi Da (SEAL) '� My Commission ezpi 'lUfoy, 80 .10 ABDa9.......0 at 44 P) • .may :C -• � O7 C � t._ nl MY 60 MIN OADrI a M Iti.O(IIOA LEGAL NOTICE All Interested will take notice that on the 611h day of Juna IM, the City Commission of Miami, Florida passed and adopted tho following titled ordinance: ORDINANCE NO.9113 AN ORDINANCE RECOMMENDING APPROVAL OF AN AMENDMENT TO THE COMPREHENSIVE ZONING OR- DINANCE NO. 6871, BY DELETING SECTION A ARTICLE IV IN ITS ENTIRETY AND IN LIEU THEREOF 0- STITUTE A NEW SECTION 32, TO READ AS FOLLOWS: "PUBLIC UTILITIES" STRUCTURES OR USES REQUIRED FOR SUCH PUBLIC UTILITIES (PRIVATELY OWNED AND OPERATED) AS GAS, ELECTRIC. TELEPHONE; ANDCOM- MUNICATION BROADCASTING TOWERS WyEN LOCATED_:, ON'PUBLICALLY OWNED LAND►1hD LOCATED AT LEAST 25M FEET FROM ANY RESIDENTIAL DEVELOPMItNT, CAN BE LOCATED WITHIN ANY DISTRICT, WHERE NOT SPECIFICALLY PRESCRIBED AND LISTED, UPON RECOMMENDATION OF THE PLANNING ADVISORY BOARD AND APPROVAL OF THE CITY COMMISSION MAK- ING THE NECESSARY CHANGES IN THE ZONING' { DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE 111, SECTION 2, THEREOF: BY REPEALING ALL OR- DINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY PROVI- SION. I RALPH ONGIE (no CITY CLERK CITY OF MIAMI, FCORIOA Publlcatian of this Notice on the 13 day of June, 19 0. 6/ 13 AGM1311 PLANNING FACT SHEET APPLICANT City of Miami Planning Department: April 14, 1980 PETITION 1. Consideration of amending Comprehensive Zoning Ordinance 6871 by amending Section 32 of ARTICLE IV GENERAL PROVISIONS to permit broadcasting towers to be located in any zoning district, upon rec- ommendation of the Planning Advisory Board and approval of the City Commission. REQUEST To permit broadcasting towers in any zoning dis- trict. BACKGROUND A request to build a broadcasting tower in Bis- cayne Bay, brought to the department's attention that there is no legislative framework (zoning) to consider such a request. By other terms of the Zoning Ordinance, most submerged land is auto- matically zoned R-1 not permitting such use. ANALYSIS Water areas are ideal for broadcasting facili- ties, yet only a limited number of facilities have been erected in this manner. Likewise, the number of such facilities is limited in the future due to the necessary spacing requirement of the towers. The required review process presently contained in Section 32 should properly control any undue concentration of the facilities. RECOMMENDATIONS PLANNING DEPARTMENT PI,iiNNiNG ADVISORY BOARD APPROVAL Recommended May 5, 1980. g113 ___ PLANNING FACT SHEET APPLICANT City of Miami Planning Department: April 14, 1980 PETITION 1. Consideration of amending Comprehensive Zoning Ordinance 6871 by amending Section 32 of ARTICLE IV GENERAL PROVISIONS to permit broadcasting towers to be located in any zoning district, upon rec- ommendation of the Planning Advisory Board and approval of the City Commission. REQUEST To permit broadcasting towers in any zoning dis- trict. BACKGROUND A request to build a broadcasting tower in Bis- cayne Bay, brought to the department's attention that there is no legislative framework (zoning) to consider such a request. By other terms of the Zoning Ordinance, most submerged land is auto- matically zoned R-1 not permitting such use. ANALYSIS Water areas are ideal for broadcasting facili- ties, yet only a limited number of facilities have been erected in this manner. Likewise, the number of such facilities is limited in the future due to the necessary spacing requirement of the towers. The required review process presently contained in Section 32 should properly control any undue concentration of the facilities. RECOMMENDATIONS PLANNING DEPARTMENT PLANNING ADVISORY BOARD APPROVAL Recommended May 5, 1980. g113 1280LUT I ON NO. A RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CO`IPREHENSIVE ZONING OR- DINANCE #6871 BY DELETING SECTION 32, ARTICLE IV IN ITS ENTIRETY AND IN LIEU THEREOF SUBSTITUTE A NEW SECTION 32, TO READ AS FOLLOWS: Section 32 - PUBLIC UTILITIES STRUCTUPES OF USES F.E,�UIRED FOR SUCH PUBLIC UTILITIES (PRIVATELY OWNED AND OPERATED) AS GAS, ELEC- TRIC, TELEPHONE, AND COMMUNICATION BROADCASTING TOWERS WHEN LOCATED ON PURLICALLY OWNED LAND AND LO- CATED AT LEAST 2500 FEET FROM ANY RESIDENTIAL DEVELOPMENT, CAN BE LOCATED WITHIN ANY DISTPICT, WHERE NOT SPECIFICALLY PRESCRIBED AND LISTED, UPON RECOMMENDATION OF THE PLANNING ADVISORY BOARD AND APPROVAL OF THE CITY COMMISSION. CtU of ffliami, f luriba Mayor. and City Commission Attention: Mr. Joseph R Grassie City of Miami, Florida Gentlemen: May 9, 1980 re: ORDINANCE AMENDMENT - RECOMMENDED Amend Ordinance 6871, ARTICLE IV, GENERAL PROVISIONS, Section 32 BROADCASTING TOWERS Initiated by: Planning Department The Miami Planning Advisory Board, at its meeting of May 7, 1980, Item #l, following an advertised Bearing, adopted Resolution No. PAB 13-60 by a 7 to 0 vote Recommending emending Comprehensive Zoning Ordinance 6871 by amending Section 32 of ARTICLE IV, GENERAL PROVISIONS, to permit Broadcasting Towers to be located in any zoning district, upon recommendation of the Planning Advisory Board and approval of the City Commission, as per the attached. An ORDINANCE to provide for this Ordinance Amendment has been prepared by the City Attorney's office and submitted for consideration of the City Commission. nce�, y niredtnr--- --- Planning and Zoning Boards Administration cm cc: Law Department Tentative City Commission date: May 22, 1980.