Planning/Zoning appeals ordinance on hold pending a workshop

Government By David L. Snelling, The Laker staff Wednesday, December 18, 2013

 

Miami Lakes council members postponed an ordinance on second reading until January, which would give lawmakers the power to hear planning and zoning appeals instead of applicants taking their cases to circuit court. 

The measure, proposed by Vice Mayor Manny Cid at the December 10 regular meeting, would allow lawmakers to decide on the appeals by a super majority vote and help residents save money.  The ordinance was approved on first reading in November but some residents expressed concerns, including which cases the town council should handle and eliminate any political influence during the process. 

They presented their own ideas to town staff, and Mayor Wayne Slaton recommended the postponement to January following a workshop where councilmembers can iron out more details to include in the measure. The current procedure allows zoning and variance applicants to present their cases before the town’s Planning and Zoning Board which decides their fate. If rejected, residents can plea their cases to the circuit court hoping it would overturn the board’s decision.  

Cid said he sponsored the ordinance because residents indicated the appeals process in the courts costs a lot of money, and some people can’t afford the fees due to financial hardship. In other Town Council news: 

• Lawmakers approved an ordinance on first reading to amend the town’s land development code to correct a situation where a zoning requirement to screen rooftop air conditioning equipment on townhouse properties inadvertently mandates installation of a new roof or substantial roof alterations. 

The land development code currently requires that where air conditioning equipment is installed on the roof of a townhouse, the structure should be screened from view at eye level or five feet and six inches from streets and adjoining properties. 

However, due to requirements of the Florida Building Code regarding how such screening devices must be secured, the effect is often to require the installation of an entirely new roof, or substantial alterations to the existing roof, creating a financial burden for property owners. 

The proposed ordinance would not require such screening devices where the property owner is replacing air conditioning equipment on an existing townhouse unit or building. Slaton cast the sole dissenting vote on the ordinance. Second reading and a public hearing is scheduled for the January 14 regular meeting. 

• Councilmembers unanimously approved a residential site plan request to allow additional space for an enclosed air conditioned equipment for a townhouse  at 6488 Miami Lakes Drive. Town staff recommended the approval with some minor changes and the Homeowners Association gave the applicants the green light for the site plan request. 

• Lawmakers approved a work order for stormwater and roadway improvements for the areas of Lake Sarah, Lake Adele, Lake Suzie and Lake Hilda (southwest of Miami Lakeway South between N.W. 67 Avenue and Miami Lakes Drive. The town tapped Chen Moore and Associates for the engineering services and the work order can not exceed $128,658. 

• Councilmembers approved Councilmember Nelson Rodriguez’s recommendation to allow local artists to display their artwork in the town’s parks by including the idea in the town’s Beautification Master Plan. 

• Lawmakers approved Cid’s suggestion for town staff to explore options for residents to participate in the public comment portion of the meetings via social media, including Skype. Cid would like for the public participation to be done live and first tested at January’s meeting, or town staff have the option of creating a criteria to have the comments prerecorded just in case the comments are attacks directed at lawmakers and town staff. 

• Lawmakers postponed Councilmember Tony Lama’s recommendation for a charter change regarding the appointments of committees members until the town holds a workshop on the issue. 

According to the town’s charter, councilmembers nominate the members who are subsequently appointed by the mayor, but Lama is calling for adequate representation on the committees by allowing each councilmember to appoint one or two residents to each committee. 

• With the county expected to cut library services and hours for the next fiscal year, lawmakers approved Rodriguez’s recommendation for the town to provide some amenities to keep the services running. His suggestion included expanding the WiFi outside of the building which could be done with very little cost, and creating an outside patio area with weather proof type picnic tables. 

• Councilmembers approved Lama’s recommendation for town staff to come up with some solutions for the town’s trash-strewn pocket parks after hours. Lama said residents wake up in the morning to see beer bottles, trash, debris and drug paraphernalia scattered all over the tot-lots. 

Some of the options that Lama suggested include low-voltage lighting, more community policing in the areas and public awareness to help prevent the activities.