P&z Board - Regular Meeting

Good to

All right, we'll call the meeting to order. It's uh 6:31. Please stand for the pledge of allegiance. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. You may be seated. Uh through the chair, I'm going to go ahead and call roll. Board member de laier present. Board member Julia is absent. Board member Cruz here. Vice Chair Rodriguez here. And board member Lonio, excuse me. Present. And chair Senra present. I make a motion to approve the meetings of last uh month. I'll second it. All right. So a motion has been uh made to approval of me minutes and a second by uh Nelson Vice Chair Nelson and the motion was made by Mr. Deasier. Okay. Calling ro to approve the minutes of last month's meeting. Board member Cruz. Yes. Board member Deasier. Yes. Board member Leonio. Yes. Vice Chair Rodriguez. Yes. and Chair Senra. Yes. The minutes have been approved. All right. We uh Mr. Attorney, we're changing the order of things. Okay. Yeah, Mr. Chair, I think we can move forward uh with the quasi judicial public matter. So, I'll I'll go ahead and um and read the disclosure if that's okay. Yeah. Thank you, Mr. Chair. Please be advised that the following items on the board's agenda are quasi judicial in

nature. An opportunity for persons to speak on each item will be made after the applicant and staff have made their presentation on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you do not wish to be either cross-examined or sworn, your testimony will be given its due date. The general public will not be permitted to cross-examine witnesses, but the public may be requested by the board to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Any person presenting documents to the board should provide the town clerk with a minimum of 10 copies. Further details of the quasi judicial procedure may be obtained from the clerk. Uh before you you have the the first item and there's only one item which is variance 20250153. Uh before we begin uh I would suggest that all persons who are going to be giving testimony be sworn in by the clerk. For those of you that are providing public testimony, please rise and raise your right hand. Stand up, please. Thank you. Do you swear to tell the truth, nothing but the truth, so help you God. Thank you, Mr. Chair. The next part would be if anyone here has had exarty communication would be to disclose it at this time. No one. Okay. Uh there being none, um Mr. Chair, I would ask then uh that we proceed with a hearing by uh hearing first from the city and then from the applicant. Good evening board. Justin Teleria, Planning and Transportation. We're presenting hearing number VH 2022-0153. As Lorenzo stated, applicant's name Alio Reior. Um, the property is located at 6985 Maple Terrace and the variance is

from section 13-1509 to allow a fence at the property line in a sideyard facing the street where a 15t setback is required. Um background on the property. Um the proposed fence is along the northwest perimeter of the property which currently conflicts with local zoning regulations due to the property's location east of the Palmetto Expressway. The property is situated at the intersection of Dade Pine and Maple Terrace and the fence will be along Dade Pine Avenue. Notably, there is an existing 20ft greenway separating the sidewalk from the proposed fence. I didn't see the 20 foot. I was there on the property. I didn't see the 20 foot greenway between the sidewalk and the proposed fence on the property. I saw like Yeah, I saw about uh total between the sidewalk and the and the residence about 25 ft. Um Yeah. Well, we we had it according to the survey. Um that's what was noted on the survey, the 20 foot greenway between the sidewalk and the um the start of the fence. I saw the 10 ft from the road to the sidewalk and then there's about 25 ft from the sidewalk to the existing residence, but it's really not a greenway. It's their property. Yeah. So according to the survey um it seems like in one corner is 1757 from the sidewalk to the property line wherever that benchmark is and then within that is another 21 ft to the to the residence.

Yeah. The 21 the actual to the actual structure the 2188 you mean? Mhm. And then the as it says 20, but those are to the residents from the sidewalk, right? Plus the 17 ft that is not their property. So their property starts 17 ft in on that corner and 20t on the other side. So it the property does not begin at the sidewalk. Does not begin at the sidewalk. No. Okay. Okay. Who who maintains that area if you don't mind me asking? The the property that that doesn't be the the the greenway area. Is that a is that a town property? Correct. It's town property. Correct. Okay. But it's on the adjacent adjacent to the to the to the uh homeowner's property and and the sidewalk. Yes. It's very regular. That's why I'm trying to figure it out. I know. I rode the whole block and it was irregular like that. The sidewalk doesn't go straight. It meanders back and forth. You will have your opportunity to uh present that. So, the property does not start at the sidewalk. No. Okay. No. So, the the what he's requesting is not to put the fence at the sidewalk. He's requesting to put the fence somewhere between 17 and 20 feet from the sidewalk. But on on his property line. On his property. Correct. That would be 6 in in from his property line would be the Well, right. Well, we could discuss that. Yeah. Yeah. That's not what he's requesting though. He's requesting at the property line. At the property line.

Thank you. Any other questions for staff? Thank you, Mr. Chair. We can hear from the applicant now if you so wish. Yeah, we can um we could open it for u public comments right now. Actually, you we need to hear from the applicant first, right? Yes. Yeah. Before we hear from the public. Okay. Please come to the mic and state your name, address, and uh make sure the mic is on. Hello. Testing. My name is Alio Ramire. My address is 6985 Maple Terrace. Okay, I brought some photographs um just to kind of I think it makes it a little easier to see. say I got I got 20 ft from the sidewalk to the property line and then 20 ft from the property line to the house. So, and I'm trying to protect that mango tree because people keep taking the mangoes. No, I did. You already speak everything already that you're going to say? I think that's it. Just if you guys have any questions, I'm sure. Yeah, I'm sure we will.

There's two sets of photographs there. There's one from the front and one from the back. I don't I I didn't have enough copies for everybody. I didn't realize there were that many. through the chair. Uh do you maintain that green area? Yes, I do. And also the uh between the sidewalk on the street and the swale, you also maintain that area. got a question from the through the chair. Um, what kind of fence are you proposing here, sir? It's a wood fence. A six foot wood fence. Six foot wood fence. And um, Miss Alonzo, we normally We we usually require 15 feet here. No, correct. So on the east side of town, um the the minimum setback for all fencing is 15 ft. So in his case, because he has 21 88, he would have to put the fence five feet from his from his home. But this is not 5t from his home. He's saying it's 20 feet. No, no, this area here belongs to the town. Yeah, this area here belongs to the town. I got that right. He's asking to go up to here

to go up to Right. So to extend the five to 20 because it's a because it's a sideyard. Correct. So he's asking he's asking for the fence to be put 20 feet from his home from his which is where his property line is which will be 15t into the property into the town's property. No. Uh because there's an additional 20 ft that is the the town's after that. Yeah. See the measuring tape here? See the measuring tape here? This is 20 ft. This is the town. This is his property. It's awkward because the sidewalk and we still don't regulate boats on the No, there's still No boats reg allowed in the the town, right? Because he meets under the correct. So on the on the west side, it's allowed to put property u fences on the property line um 18 in behind so that they can put some landscaping but at the property line on the east side they have to go back 15 ft and that's per restrictions that we adopted into the code. Yes. uh the area between between your property line and the sidewalk. You you maintain that. Yes, I do. Yeah. I mean that that's that's my that's my running route and I took picture today. Okay. And uh you know I I I thought that you

were going to that that your proposal was to put it on next to the sidewalk. Nice. And I would have objected to that, but u I mean you're you're going to be Yeah. in your property. Okay. Right. Yeah. You even have sprinklers. Mhm. One more question. Um Yes. So once again, we're talking about a stretch of 40 feet that's already been done by survey according to the survey. Yes. 40 40 um 17 plus 21. Yes. About 40. Yeah. No, it's actually more than that. 33 + 22 45 ft. 33 + 22 towards the back.

uh through the chair. Miss Alonso, can you tell us um what the denial was from staff? Staff was recommending denial basically because it doesn't really meet the conditions of the variance in the sense that there's really no other than the giant greenway in front of them, there's really no reason um that is different from any other property in the east side for the fence to be there. That being said, obviously with that giant greenway there, it doesn't really give as much heartburn to put a fence on the property line because obviously it's not adjacent to the sidewalk. So, it's it's one of those it took me a minute to really dissect, you know, the the criteria because it it was really not but at the end of the day, there is nothing about this property that is different than other properties in the east side except for the greenway, which is technically not his. So, it was it was a hard decision for staff. I have to say that that was it wasn't an easy um come to one more question if you end of the day my my recommendation is always more conservative than absolutely than it is because that's that's how she should be right and we rather have that than than to just recommend everything for that we don't have any proper development um so I don't see anything other than the fence will the applicant be allowed to put in a cement that driveway. Will he be able to park cars there? No, not at all. The the still this is a still an required sideyard that has maximums for he can still not park drive. They cannot be allowed to be as a driveway. It cannot be store uh vehicles there, boats, um any other kind of vehicle in there. So, putting in a gate would probably be discouraged as well other than like a regular gate that you walk through. Right. Right. Right. Like a human gate. Yes. But a vehicle gate

would probably be discouraged by the zoning um reviewer as well. Um obviously any additional other than what's allowed for the sideyard um which there is an amount of of of uh heartscape that you can put in a sideyard but other than that it will still be discouraged. Can the town use that area as a pocket park as a I mean as a greenway area? I mean can we literally put a bench there? Sure. It's a greenway, right? But once we do that, we could expand. That's the kind of place where we would expand the sidewalk or maybe put in uh maybe bicycle facilities, that kind of thing. That's the kind of room. But once once we do that, we would have to then do maintenance on the property. Correct. Right now, the resident would have to do maintenance even after the fence. Correct. Okay. Yeah. Through the chair for Suzanne. Uh, I'm looking at their address is 6985 Maple, but 14621 Dade Pine, which is right next to it. The two residents are even there at that point. Is there a 25 ft setback for that house? Uh, for the one in the back of uh right, the the one directly behind where he wants to put the fence. Yes, it does have the 25 foot set back. It has a 25 foot set back there, right? Okay. just didn't try to visualize it. But thank you. Because that's the front of their property. That's the front of their property. Nor normally they're set back a little further and this one would be more I I guess with that giant greenway in there, they didn't feel like they had to go any further back, right? Thank you. Any other questions? Yeah, I have one more question, chair. Um to the staff then.

So, he would be extending the fence, his backyard fence up to up to the um the 20 foot line where the new fence would be in. Correct. And and and closing off the yard. I've got a Yeah, there's If you look closely, if you look in the Yeah, if you look in the He's got a small He's got a small yard back here. See it? No, it's this. It's this page. He's showing this page. No, no, it just goes. You can find that in your agenda. It has the drawing in yellow and it comes across here. Yeah, they have. We have Yeah, we have this. Yeah, right here. Oh, okay. Yes, yes, yes. It's a little bit further back. And as you can see, he's requesting to put it lining up with the front of the home. I'm sorry. Page 21. And I don't own a boat or anything. My my thing is to have a little yard back there because I don't, you know, we had the little mango tree and I'd like to, you know, do do some gardening back there. How long have you lived in this property? Um, I've lived in Miami Lakes for 22 years, but at this property, five years. That's a five years. Did you have that concern when you moved? Uh, or is that something that just came out now? No, I I had always planned to put a fence, but I didn't realize about the setback or anything until I came and started asking about uh pulling a permit to put the fence and that's when we run into this. I see. Any other questions for the applicants through the chair? Um, so I just want to There's plenty of landscape. I have one more question if you don't mind. Um, can we can we make as a condition of approval? I asking maybe the attorney

can answer this as well. Uh, or better. Um, can we regulate the gate size? Yes, definitely. Okay. 100%. My only I'd like to be able to get uh like one of the big riding lawnmowers because my landscaper he comes in and he so it's like a I'm thinking like a little double gate kind of thing like a 4 foot 4 foot double gate that he can get in and right cuz he No, we're just making sure that I mean what I I what I'm trying to prevent is in the future is putting a big double gate or a big gate where you can you know start stacking cars or No, that's I understand. I understand your concern, right? But you may not be the owner of the house. You are a future owner, right? The future owner. And then so I I'm I'm not judging you. I got you. I'm judging the property on what the property use could turn into in the future. I understand. And do we have any any uh against Go ahead. So question my my understanding is that you are wanting this variance specifically because of the mango tree. Yes. I wanted to go around I wanted to and that's that's why you want that extra the variance. So if something for all you to consider I was just having this discussion if you were to condition it on the existence of or keeping the mango tree you would be okay with that as long as you have the the mango tree then it's the variance is allowed the day the mango tree is not there then it's it's no longer conforming use okay I mean okay I'm I'm waiting for the mango season's great for us so I'm not planning to take that just something for all of you to consider

is there any is there any uh letters for or against on this? Sorry. Did you Did you get any letters from the neighbors? I didn't. No. You didn't discuss it with your neighbors? Uh, no. Any other questions to the applicant? Not me. All right. At this point, we're going to close the uh public comments for Okay, you're going to you may have a seat. The attorney has a question. No, no, no. He he can sit, but remember, Mr. Chair, that we need to take public testimony. Ask anybody from the public if they wish to speak before you close uh the hearing. Is there anybody else in the public that wants to speak on behalf or against uh Mr. Ramir's uh petition? Okay. And there's no comments online either. No. So, at this time, we're going to close the uh public comments. Uh, open it up for discussion, panel discussion, recommendations. I I have I have one one comment to make. I I thought that he uh that he wanted to put the fence uh right on the sidewalk and uh I would have objected objected completely against that. But he is 10 foot away from from the sidewalk and uh from what I see on the pictures that I took today uh uh he even maintains the area that u not even his. So he he he takes good care of uh of um of his property. Mhm. And um that fence will not be detrimental to to others that are in the neighborhood that the fence is right on the sidewalk. And I see it firsthand

every day. So good point. Any other comments, Mr. Chair? The only comment I'd like is to see if we can um make sure that we add maybe u some type of amendment to the size of the gates just to prevent from future use. We can make a motion motion to a smaller size gate. Um I believe that a riding moore is probably five or six probably four four feet wide. giving you a sixoot gate I think would be um more than ample. They make them they make them three and three blades as well. They make them six feet tall uh wide as well. Yeah, they they custom make it'll be three and three. Three three and three and you get to divide the other side there. Where's where's that double gate at? Sir, I'm sorry. Go ahead, Sure. Is that all right for me to ask the question? We got to open We got to open the hearing again. So, you have to make a motion to open. I mean, I I have a question. the uh the the comment the comment that vice chair is is making is that to limit the uh the size of the gate that he can put on the on the west side of the property on on right yes on the west side for access for a lot more which will be six feet two six foot gates two three two three now my question is why would why are we going to limit the applicant uh to a a size on on his on his on his gate so that you don't put boat trailers

or cars back in there that can fit through a double gate. Oh, well, but we already I mean there's no boats allowed. There's no trailers allowed. We already have code enforcement for that. You're right. You're right. And and one more uh one more question to the staff if you would, Mr. Chair. There's So that one gate is all that the applicant is asking for the front gate. There's no other gates anywhere along that fence line. Correct. I don't think there's any gates that are requested on this specifically. It's more like the fence and and he hasn't specified what gates. No, he's not asking for any gates on the side. Okay. And and no, that would not be allowed because he would have to transverse the greenway in order to get there. Gotcha. So that that would be very discouraged as well. Okay. Perfect. That answers my question. the through the chair. The only thing I'd like to say is that I drove the whole area and there's no other properties there that are out to 15 ft. It would be it would be different than everybody else is there. I'm not saying that I'm not going to vote for it, but just so everybody knows, I drove around and this would be the only one that will be jutting out like this. Is it because of the position? That's because of the situation that he has there. I mean, he was only going to be allowed to be 15 ft from his leave plenty of room there. The issue more than anything for the 15 ft that I've noticed that Miami Lakes wants is so when you pull up to the stop sign, you can see and not pull out and get hit by a car, you know, keep the areas in in corners like that so you can see your way. And that in this case, it won't do it won't be a detriment in that way. It's just that no other nobody else has it. So, this would be a specific one time kind of deal. Any other comments?

Anybody want to make a motion? Want to make a motion? Uh, Nelson, I'm sorry. I'm just looking at it. One more one more thing. Oh, we can still um I'm sorry, Mr. Alonso. He's not He Okay, so he won't go to the He won't go to Maple Drive with the fence. No. And he won't go to uh Pine with the fence. Okay. And there's still going to be and and I see that the the fence will be squared up. So, you still have the safety zone safety turning zone that you're talking about. said that you have Yeah. Right. They still have that. It's a special situation resident. It's a special condition. You know, that you still have the safety area. In the past, we we we approved uh we we changed an ordinance um for some homes on on in in uh in Royal Oaks because of the lake. For the same reason, people were accessing the property on the corner and they couldn't put a fence because you had this you had the slope and you had the property line, but there was still a danger to people coming from the sidewalk jumping into the lake and the homeowner was responsible to secure their property. So, I I understand the awkwardness of this. So, like a motion. Make a motion. It is a tough one. It is a tough one. It is a tough one. I'll make the motion, gentlemen. Uh I make a motion that uh we approve his request as long as he maintains the fence by the correct set fact that the uh city requires from the property line which is 6 in from his property line back and that he uh puts in only two three-foot gates for a total

of six foot wide for access back into the area. I'll go ahead and second the motion. Okay. So, we have a motion on a second. Ready to take role? Okay. Taking role on the item 5A. Board member Lonio. No. Board member Cruz. Yes. Board member Deassier. Yes. Vice Chair Rodriguez, yes. Chair Senra, yes. Motion passes. Mr. Reneer, have a good one, sir. We go to the second item. The second item is um now that we've con concluded our u your quasi judicial proceedings, now you get to wear your hat as the local planning agency for the town of Miami Lakes. Uh and this is reviewing a proposed ordinance that will be going uh before the council next week on second reading. Uh it is creating RM30 zoning designation. It is an ordinance of the town of Miami Lakes, Florida, amending article 4 creating new division 6 RM30 medium lowdensity residential district, renumbering existing division 6 through 26, division 7 through 27, providing for incorporation of recital, providing for findings, providing for direction to the administrative official, providing for repeal of laws and conflict, providing for severability, providing for inclusion of some portions in the code, providing for exclusions of some portions of Providing for exclusions of

some portions of the code, and providing for an effective today. Um, and before I even go on, I need to amend something that is going a little different in second reading, and I want you all to know about it already. On page 30, um, section 13505 all the way D, the height is incorrect. Is instead of exceeding four stories is exceeding five stories and then not to exceed 65 feet total. Okay. And now I'm going to go into the reasoning for all of this. Um, item D, you said this is height. No buildings. That's 50 ft. Page 30. Supposed to be 65 ft. D. Oh, it's supposed to be 65. 55. 65. Five stories. 65 ft. Yes. Okay. Um and and it's going to second reading with those numbers. It was incorrect on first reading and on this writing. Um um again, Susan Alonso for the planning department. Um this ordinance has already been heard by the council on first reading. You're hearing it now and it will be heard next week on second reading. And obviously as usual your uh recommendations and are super important for the council to be able to make a good decision about uh this the ordinance. Um the reason that we're putting this in front of you and that we're requesting this change is that right now for uh for high density residential um the only options that the code allows is either RM23 which is the very lowest end of the um our so the way that works is the comp plan uh designates whether something is high

density residential medium density residential, low density residential, or single family residential. Right within those designations, there's a range of densities that are allowed. Um, right now, our comp plan for high density residential allows up to 50 um residences per acre and the lowest end is 23. between that 23 the next step up is 30 and the next the next step up is 36 and the next step up is 50. So, we're sort of wanting to add a little bit of an intermediary step that allows, you know, sufficient density that um the developer may not feel like we're really restricting their interest on the property, but also that we get a smaller building with a little less height, not seven stories as RM36 would allow, but five. Um, so again, giving the the prospective developer a a way to be able to produce what the complent allows them to do, but not with the visual density that we may get from an RM36 or an RM50, which is a lot more. At this point, we're only creating the actual um portion of the code so that it is available and this is not attached to any particular piece of land. It is just making it available as a designation for multifamily highdensity residential more buildings. Well, again, it's is is it's Well, my my question would be where what properties because I know Miami Lakes pretty well. There's not too many locations that this could happen. There's only two. Commerce Way. Well,

and and again, we're not there yet, so we're not attaching this, but we're any future resonings for things that are comp plan for high density residential. Yes, we have a few um would have this as an option for either the applicant or the council to either be used as a as a negotiating um point to lower somebody from a 36 or a 50. And and again, the fact that we would have to lower them from a 36 to a 23 is like you're really taking a lot of units out of the table, which can make it not so palatable as an option, right? So, we're sort of creating this middle ground so that we have something better to negotiate with should the need arise, if that makes any sense. So, again, at this point, we're just creating the designation, right? when and if it would be attached to any particular piece of land. That would be coming in front of you as well because that would be another ordinance that would require planning and zoning land uh uh the the in your capacity of the land development authority to to uh voice your opinion as well. Would the property next to the Indian mound and that lake there be part of this would be available for this because that's the only other large that's are you right now is that it would have to be comp planned and reszoned right so that that's a lot but that's the only other Yeah it's the only other big piece of property other than commerce way you have Um, oh yeah, you do have you have the acreage behind Lakes um

Lakes Radiology where those houses are where the acreage houses are. Yeah, we're we're already reszoning that as RU1, right? We're in the process of doing that and and you'll be hearing of that next month. Yeah. So this this but this could affect that property as well. No, because there's going to be RU1. The comp plan on those is low density residential. Okay. So their maximum density is way below the 23. Right. Okay. So, just just to get this in my head correctly, we don't have a we don't have a gap measure. This is a gap measure so that they don't go from 36 to 50 or from 36 to 23. Correct. So, it it puts the council or our our planning department in a zone to negotiate and not create Correct. Uh uh well it it would put the it would put the town in a bad position because we've had this before when I was on the council where we try to regulate what the builder was going to build and um we we we were putting because we didn't have any ordinances to protect the town um at that time doing that and it put us in a really bad situation with the builder because the builder say well you're taking money out of my pocket. What's the name of that law where the builder sues? There's there's You're talking about Bert Harris. The Bert Harris law, right? And then it put it put the town in a really precarious develop issue because they could build five homes. According to them, we didn't want five homes, but you know, with Bird Harris, it really I I So, the way I'm reading it was and is is this would put the town in a in a in a negotiating step, like you said, to protect us in the future. of giving up more options. Now, one question has did it pass on first reading? It did. Okay. And this also could probably be applied

to the warehouse district where 60th Avenue where there's not that much warehouse being used. This could be used in the future for any changes to the comp plan that would accommodate high density residential. So the 60th Avenue area there that's very industrial. So it'd be difficult for I mean I know but I've seen just curiosity where where this could be applied and again anything else anything that would be attached to this other than existing RM36 districts would have to be comp plan amendment first. Okay. And and again the the you know how well I don't know if you remember but how much fun that was in 2017 when we did that last that's that's a lot of hearings and a lot of uh for the building next to the school correct which I never actually that was already an AR that was already an R50 that was 50 units to the acre and one of the reasons that we were back against the wall on that one is that it was a 50 it was a 50 All right. So, I'll motion to You need us to motion to recommend? What do you need us to do? Discuss and like any recommendations at this point to make the the ordinance a little better. I'm here for them. Now, a motion to to leave it as is. You guys have uh strategically plan this well and and put the town in a in a in a better situation. and I can see where you're going forward to protect from pre from pre you're learning from previous uh issues. Um so I motion to leave it as is and if the council decides to to chew it up on second reading they can do it like that. So I I just motion to I'll second.

Okay. Calling role for item 5B. Motion by Vice Chair Rodriguez and seconded by Chair Senra to move forward with the ordinance as is. Board member Deasier, yes. Board member Cruz, yes. Board member Leonio, yes. Vice Chair Rodriguez, yes. Chair Senra, yes. The motion passes. All right. At this point, there are no other no other issues. So, the meeting is adjourned. Do we have a report or no? Huh? Miss, did you have a report or anything you wanted to Oh, before I before I adjourn, I disjourn. Um, yeah, no report at this time. We do have another uh few ordinances coming down the pike in the next few months. So, please make yourselves available. If you're not going to be able to make quorum, let me know because I have a lot of stuff coming out yet. Are you going to shut down for the in the summertime? Any any dates? It has. I think we're going to have to cancel August or July. Was it July or August? I think July is the one that we have to cancel because the Fourth of July is in conflict. Okay. So, most likely we're going to meet next in August, but I have a lot of ordinances coming down. So, there there's a lot of uh interesting discussions to be had. Okay. Thank you. Thank you, ma'am. Thank you. All right. Meeting adjourned.