To help expedite developers’ building projects and simultaneously create more tax revenue, the Miami Lakes Town Council has drafted an ordinance to change the land development code to allow property owners to pull a building permit before their final plats are recorded.
The legislation, proposed by Councilmember Tony Lama at last week’s regular meeting, would benefit Lennar Homes Corporation, The Graham Companies and other developers with building plans in the town’s pipeline, who have to wait for many months to record their final plats by the county’s Clerk of the Court before they can pull building permits and commence construction.
Developers must provide Miami Lakes proof that their cadastral maps were on record in order to pull a building permit following approval first by the town and then Miami-Dade County.
Recording a final plat can take months or even a year, town officials indicated.
The proposed ordinance, which is scheduled to be introduced at the September regular meeting, would eliminate the recording requirement, which is the final step to give developers the green light to start building their residential, commercial and industrial facilities.
The Town Council already approved Lennar Homes’ plans to build about 480 single-family and town homes on land west of N.W. 87 Avenue along 154 Street, but the proposal is still waiting for county approval, Town Manager Alex Rey said.
Lama said his Accelerating Economic Development Act would help land owners and pump money in the town’s budget at a faster pace.
“It would allow them to pull a permit faster and the monies would come to the town faster,” he said.
Vice Mayor Tim Daubert and Councilmembers Frank Mingo and Nelson Rodriguez backed Lama’s proposal, while Mayor Michael Pizzi and Manny Cid cast the dissenting votes.
Councilmember Ceasar Mestre was absent.
Pizzi said he could not support a change in the land development code that would benefit one developer, Lennar Homes Corporation.
“My concern is, are we doing this to assist a developer to speed up his construction?” Pizzi asked. “The developer has millions of dollars investment but changing the rules to benefit Lennar and not other developers I can’t support.”
Lama defended his legislation which he said would help any developer in Miami Lakes speed up their building schedules, including the Main Street redevelopment project by The Graham Companies.
He disputed an accusation that he was for sale.
“I take it seriously when people throw comments like that at me or my colleagues,” said Lama, who’s up for reelection in November. “This topic came up at our last council meeting on talks to accelerate this matter of building permits and accelerate money to come to the town. I am not for sale and I don’t throw money around to buy council seats.”
Cid, who’s running for mayor, said the town should explore other ways instead of touching the town’s code, including urging the county to create a system to expedite the recording process.
“I am not comfortable changing the code,” he said.
Rodriguez, who is also running for reelection, said a simple move has turned into a political hot potato.
“The town already approved the plat and waiting for the county’s approval,” he said. “I approved the mobility fee and didn’t care if it benefited Lennar or anyone else.”
In other Town Council news:
• Lawmakers tabled an ordinance to amend the town’s sign code to reflect a recent U.S. Supreme Court ruling to provide better organization and clarity and address sign types that are currently not addressed.
Before the SCOTUS decision, regulations were generally considered content-neutral so long as they did not favor or disfavor the message or discriminate between different viewpoints. The decision changes that. Now, a regulation is content-based if there are different standards for signs based on subject matter, or topics discussed. Virtually all sign codes currently do this.
The town’s land development code allows signs for special events to be up to 40 square feet, whereas political signs may only be 22 inches by 28 inches, which equates to only about 2 1/2 square feet. Because the distinction is based on subject matter of the sign, regardless of the lack of discrimination between viewpoints, it is not considered content-neutral under the Supreme Court ruling.
For temporary signs, including political and real estate signage, the town dramatically simplified the proposed regulation of temporary signs on RU-zoned residential properties, such that two temporary signs may be displayed at all times, at a maximum size of 22 inches by 28 inches.
According to Town Manager Alex Rey and Town Attorney Raul Gastesi, since it’s an election season, illegal political signs under the town’s code that are enforced can be challenged in the court and the town most likely would lose under the SCOTUS recent ruling.
For example, a resident can place more than five signs in his/her yard which is a violation of the town’s land development code but can be challenged in the lower court.
Mayor Michael Pizzi suggested tabling the issue to get input from residents and homeowners associations on the maximum number of signs allowed on a property.
• Lawmakers gave their final approve for legislation to amend the town’s comprehensive plan to include the results of the transportation planning efforts, including commute trip reduction plan for the greenways and trails master plan, the ADA sidewalk master plan and the alternative to concurrency study, which replaced the town’s old traffic program with a mobility fee.
• Council members gave their initial approval for an ordinance to amend the town’s code to allow hedges to be eight feet tall along property lines for a single-family or two family property that shares that property line with a single family or two family property of two or more stories.
• Council members approved a resolution that requests Miami-Dade County provide an ALS transport unit for Miami Lakes West fire station 64.
The county only had enough money in the budget for a fire truck at the new Miami Lakes station, and Station One at Ludlam Road near the Palmetto Expressway responds to medical emergencies as well as the fire stations on Miami Gardens Drive and in Hialeah Gardens.
Councilmember Nelson Rodriguez, a Coral Gables firefighter, said the transport unit is very vital since the town’s traffic, development and population have increased and it takes too long for them to respond to medical emergencies.
In a related matter, council members approved Councilmember Manny Cid’s suggestion to direct town staff to engage Miami-Dade on the issue of collecting fire impact fees.
He said with new developments in the town, he wants to ensure the money stays in the town for a ALS transport vehicle at Station 64.
• Council members approved a resolution to authorize the town manager to enter into a ten year lease agreement, with two 10 year extensions with Miami-Dade County for the park parcel of land near the Miami Lakes Library, 6699 Windmill Gate Road.
When the county conveyed ownership of the town pocket parks, part of the special taxing districts, to the town in 2011, the parcel near the library was not included in the deal. Under the agreement, the town would maintain the property, which has been used by residents living in the Windmill Gate community. The county has offered to lease the property for $1 per year.
• Lawmakers approved Rodriguez’s suggestion to request an onsite visit by an arborist from the University of Florida to get a true assessment of the condition of the town’s sick oak trees.
Rodriguez said the university’s recent report on the study of the condition of Miami Lakes’ oak trees only can be adequately assessed by a physical onsite visit.
The report by Jason A. Smith of the University of Florida was based on pictures the town provided to him to make his assessment.