C4F-Ref- Planning Board - Proposed Telecommunications Ordinanceg MIAMIBEACH
Ciiy of Miomi Beqch, l/00 Conyenlion Cenler Drive, Miomi Beoch, Floridq 331 39, www.miomibeochl .gov
COMMISSION MEMORANDUM
ro: Mayor Philip Levine and Members ot t$ City Com$ission
FROM: jimmy r-. Morares, City Manager th4:
DATE: May 21,2014 \
SUBJECT: REFERRAL TO THE PLANNING BOAJD -
PROPOSED TELECOMMUNICATIONS ORDINANCE
ADMINISTRATION RECOMMEN DATION
Refer an Ordinance Amendment to the Planning Board for consideration and recommendation.
H!STORY
On January 15, 2014, the City Commission referred an item to the Land Use and Development
Committee regarding an ordinance to address issues raised by a proposal put forward by Crown
Castle regarding a City wide Distributed Antenna System (DAS). The subject Ordinance was
originally discussed by the Land Use Committee on March 19,2014 and continued to the April 9,
2014 meeting. The item was continued again to the May 7,2014 meeting.
On May 7,2014, the Land Use Committee referred the item to the Planning Board as an
Ordinance Amendment.
BACKGROUND / ANALYSIS
Crown Castle has approached the City to obtain permits for a Distributed Antenna System (DAS) at
39 locations throughout the City, in public rights-of-way. The City understands that Crown Castle
may submit additional locations throughout the City. This DAS system is intended to supplement
existing wireless communications networks in the City by strengthening the signal between existing
antenna towers providing cellular and digital communications signals to the modern digital network
of smartphones, tablets and computers.
Crown Castle is the successor in interest to Sprint and Nextel, which already have
telecommunications systems in the City, both at a fixed location, the City parking garage at 1550
Collins Avenue, and at 45 other locations in the City's rights-of-way, which Crown Castle acquired
from Nextel. These former Nextel sites are still run by Nextel for use by the City, but are now
owned by Crown Castle.
The proposed LDR amendments establish the jurisdiction of the Design Review Board and Historic
Preservation Board for review and approval of design and location within public rights-of-way "of all
improvements and fixtures, including without limitation, utility equipment and poles,
telecommunications equipment and poles, and street furniture." The criteria for review of
applications are provided for the Design Review Board and Historic Preservation Board. The
following is a summary of the proposed Ordinance:
1. Amends the intent and purpose, and requires compliance with Subpart B of the City Code, which
is the Land Development Regulations ("LDRs").
2. Amends or adds definitions for various roadways, collocation, communications facility,
communications facility and service providers, pass-through provider, LUDC Committee
Memorandum Telecommunications Ordinance May 7, 2014 wireless communications facilitv.
Agenda ltem ct/F
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Commission Memorandum
Refenal to Planning Board - Telecommunications Ordinance
May 21, 2014 Page 2 ol 2
provioer and service, among others;
3. Provides amended and new regulations for registering providers;
4. Amends the regulations and permit application process to require the issuance of permits and
design and appropriateness review by the design review board and historic preservation board;
5. Creates standards and permitting requirements for communications facilities design (including a
"stealth design"), location and collocation, including establishing a hierarchy for location and
collocation to ensure the minimum number of new poles are added, and encouraging use of
existing poles and collocation on existing and new poles;
6. Adds standards for site improvements, use of and restoration of sites and rights-of-way;
7. Adds distance separation between communications facilities and between such facilities and
residential uses and contributing buildings in historic districts;
8. Provides for notice to affected property owners of proposed work, prior to permit issuance;
9. Provides for compensation to the City for the use of public rights-of-way for these purposes; and
10. Amends or adds such other sections and provisions as are appropriate to protect the public
health, safety and welfare.
GONCLUSION
The Administration recommends that the Mayor and the City Commission accept the
recommendation of the Land Use and Development Committee and refer an Ordinance
Amendqrent to the Planning Board for consideration and recommendation.
unffiawan
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