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Planning & Zoning Board

Regular Meeting

Hialeah, FL · March 28, 2018

AgendaMinutes

Minutes

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING March 28th, 2018 Summary Agenda-Minutes HIALEAH CITY HALL 7:00 P.M. 501 PALM AVENUE-3RD FLOOR HIALEAH Call to order. Invocation and pledge of allegiance ALL LOBBYISTS MUST REGISTER WITH THE PLANNING AND ZONING BOARD PRIOR TO ITEM BEING HEARD A MAXIMUM OF 4 SPEAKERS IN FAVOR AND 4 SPEAKERS IN OPPOSITION WILL BE ALLOWED TO ADDRESS THE PLANNING AND ZONING BOARD ON ANY ITEM. EACH SPEAKER’S COMMENTS WILL BE LIMITED TO 3 MINUTES. 1. Roll Call. Present: Mr. D. Perez, Mr. Tundidor, Mr. Cabrera, Mr. O. Perez,, Mr. Sanchez, Mr. Suarez. Absent: Mr. Casanova 2. Approval of Planning and Zoning Board Summary Agenda of March 14th, 2018 as submitted. Motion to Approve: Mr. Suarez; Second: Mr.Tundidor Motion Approved: 6-0 Item Approved ADMINISTRATION OF OATH TO ALL APPLICANTS AND ANYONE WHO WILL BE SPEAKING BEFORE THE BOARD ON ANY ITEM. A WRITTEN DECISION AND RESOLUTION WILL BE PREPARED AND PRESENTED FOR REVIEW TO THE CITY COUNCIL. THE CITY COUNCIL IS AUTHORIZED TO AFFIRM, AFFIRM WITH CONDITIONS, OR OVERRIDE THE DECISIONS BY RESOLUTION. AFTER THE RESOLUTION IS ADOPTED, A MEMBER OF THE PLANNING DIVISION WILL CONTACT THE APPLICANT WHEN A COPY OF THE FINAL DECISION AND RESOLUTION CAN BE PICKED UP. UPON YOUR RECEIPT OF THE FINAL DECISION AND RESOLUTION, CONTACT THE BUILDING DEPARTMENT TO OBTAIN YOUR REQUIRED BUILDING PERMIT. SUMMARY MINUTES, OR A COPY OF THE AUDIO FILE OF THE PROCEEDINGS BEFORE THE PLANNING AND ZONING BOARD, SHALL BE PREPARED AND SUBMITTED TO THE CITY COUNCIL BEFORE ITS HEARING. THE PLANNING AND ZONING BOARD RECOMMENDATIONS FOR THE FOLLOWING PUBLIC HEARING REQUESTS WILL BE HEARD BY THE CITY COUNCIL, AT ITS SCHEDULED MEETING OF TUESDAY, APRIL 24TH, 2018. 1 HIALEAH PLANNING AND ZONING BOARD MEETING- MARCH 28TH, 2018 3. Final Decision to adjust a distance separation to 10 feet, where 20 feet is the minimum required between an existing 282.55 square feet accessory building and the main residence, allow rear setback of 5.33 feet, where 7.5 feet is the minimum required for the existing accessory building. Property located at 4540 East 8th Court, Hialeah, zoned R-1 (One-Family District). Applicant: Angel R. Martinez and Felicia Diaz Gomez Planner’s recommendation: Denial Motion to reconsider the item: Mr. Suarez; Second: Mr. O. Perez Motion Approved: 4-2 (Mr. O Perez and Mr. D. Perez voted NO) Motion to Deny: Mr. O. Perez ; Second: Mr. Suarez Motion Approved: 4-2 (Mr. Cabrera and Mr.Tundidoe voted NO) Item Denied 4. Final Decision to allow the adjustment of an existing interior west side setback to 6.30 feet, where 7 feet is the minimum required. Property located at 651 East 36th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Janet Rosillo Lopez Planner’s recommendation: Approve with conditions Motion to Approve: Mr. O. Perez ; Second: Mr. Suarez Motion Approved: 5-0 (Mr. D. Perez abstained his vote because of conflict of interest) Item Approved with conditions THE PLANNING AND ZONING BOARD RECOMMENDATIONS FOR THE FOLLOWING PUBLIC HEARING REQUESTS WILL BE HEARD BY THE CITY COUNCIL, AT ITS SCHEDULED MEETING OF TUESDAY, APRIL 10TH, 2018. 5. Variance permit to allow a residential development without a vertical mix of uses; allow 12.5% of the residential units to have floor area of less than 850 square feet, where 10% is the maximum allowed; allow building frontage of 79.1%, where 100% is required at the base of the building; allow base height of 45 feet, where 40 feet is the maximum allowed; allow street side setback of 1.75 feet, where 10 feet are required; allow 50 parking spaces, where 54 parking spaces are required and allow pervious area of 14.2%, where 30 % is the minimum required. Property located at 2160 Palm Avenue, Hialeah, zoned C-2 (Liberal Retail Commercial District), within Area 1 of Neighborhood Business District Overlay. Applicant: Juan Carlos Rodriguez Planner’s recommendation: Approve with conditions Motion to Approve: Mr. Tundidor; Second: Mr.Suarez Motion Approved: 6-0 Item Approved with conditions 6. ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA AMENDING CHAPTER 98, “ZONING”, ARTICLE V, ENTITLED “ZONING DISTRICT REGULATIONS”, DIVISION 9 ENTITLED “RO RESIDENTIAL OFFICE DISTRICT”, SECTION 98-776, ENTITLED “PURPOSE OF DISTRICT”, BY ELIMINATING RESIDENCE AS A USE IN COMBINATION WITH A OFFICES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING 2 HIALEAH PLANNING AND ZONING BOARD MEETING- MARCH 28TH, 2018 PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Motion to Approve: Mr. Suarez; Second: Mr. Tundidor Motion Approved: 6-0 Item Approved MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 7. TENTATIVE PLAT OF BEACON LOGISTICS Planner’s recommendation: Approval Motion to Approve: Mr. Sanchez; Second: Mr.Suarez Motion Approved: 6-0 Item Approved 8. Old Business None 9. New Business. None IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, PERSONS NEEDING A SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING SHOULD CONTACT THE PLANNING DIVISION NO LATER THAN SEVEN DAYS PRIOR TO THE PROCEEDING. TELEPHONE (305) 883-8075 OR (305) 883-8076 FOR ASSISTANCE; IF HEARING IMPAIRED, TELEPHONE THE FLORIDA RELAY SERVICE NUMBERS (800) 955-8771 (TDD) OR (800) 955-8770 (VOICE) FOR ASSISTANCE. If you decide to appeal any decision made by the board, with respect to any matter considered at the meeting, you will need a record of the proceedings, and you may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 3

Agenda

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING March 28th, 2018 Agenda HIALEAH CITY HALL 7:00 P.M. 501 PALM AVENUE-3RD FLOOR HIALEAH Call to order. Invocation and pledge of allegiance ALL LOBBYISTS MUST REGISTER WITH THE PLANNING AND ZONING BOARD PRIOR TO ITEM BEING HEARD A MAXIMUM OF 4 SPEAKERS IN FAVOR AND 4 SPEAKERS IN OPPOSITION WILL BE ALLOWED TO ADDRESS THE PLANNING AND ZONING BOARD ON ANY ITEM. EACH SPEAKER’S COMMENTS WILL BE LIMITED TO 3 MINUTES. 1. Roll Call. 2. Approval of Planning and Zoning Board Summary Agenda of March 14th, 2018 as submitted. ADMINISTRATION OF OATH TO ALL APPLICANTS AND ANYONE WHO WILL BE SPEAKING BEFORE THE BOARD ON ANY ITEM. A WRITTEN DECISION AND RESOLUTION WILL BE PREPARED AND PRESENTED FOR REVIEW TO THE CITY COUNCIL. THE CITY COUNCIL IS AUTHORIZED TO AFFIRM, AFFIRM WITH CONDITIONS, OR OVERRIDE THE DECISIONS BY RESOLUTION. AFTER THE RESOLUTION IS ADOPTED, A MEMBER OF THE PLANNING DIVISION WILL CONTACT THE APPLICANT WHEN A COPY OF THE FINAL DECISION AND RESOLUTION CAN BE PICKED UP. UPON YOUR RECEIPT OF THE FINAL DECISION AND RESOLUTION, CONTACT THE BUILDING DEPARTMENT TO OBTAIN YOUR REQUIRED BUILDING PERMIT. SUMMARY MINUTES, OR A COPY OF THE AUDIO FILE OF THE PROCEEDINGS BEFORE THE PLANNING AND ZONING BOARD, SHALL BE PREPARED AND SUBMITTED TO THE CITY COUNCIL BEFORE ITS HEARING. THE PLANNING AND ZONING BOARD RECOMMENDATIONS FOR THE FOLLOWING PUBLIC HEARING REQUESTS WILL BE HEARD BY THE CITY COUNCIL, AT ITS SCHEDULED MEETING OF TUESDAY, APRIL 24TH, 2018. 3. Final Decision to adjust a distance separation to 10 feet, where 20 feet is the minimum required between an existing 282.55 square feet accessory building and the main residence, allow rear setback of 5.33 feet, where 7.5 feet is the minimum required for the existing accessory building. Property located at 4540 East 8th Court, Hialeah, zoned R-1 (One-Family District). Applicant: Angel R. Martinez and Felicia Diaz Gomez 1 HIALEAH PLANNING AND ZONING BOARD MEETING- MARCH 28TH, 2018 4. Final Decision to allow the adjustment of an existing interior west side setback to 6.30 feet, where 7 feet is the minimum required. Property located at 651 East 36th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Janet Rosillo Lopez THE PLANNING AND ZONING BOARD RECOMMENDATIONS FOR THE FOLLOWING PUBLIC HEARING REQUESTS WILL BE HEARD BY THE CITY COUNCIL, AT ITS SCHEDULED MEETING OF TUESDAY, APRIL 10TH, 2018. 5. Variance permit to allow a residential development without a vertical mix of uses; allow 12.5% of the residential units to have floor area of less than 850 square feet, where 10% is the maximum allowed; allow building frontage of 79.1%, where 100% is required at the base of the building; allow base height of 45 feet, where 40 feet is the maximum allowed; allow street side setback of 1.75 feet, where 10 feet are required; allow 50 parking spaces, where 54 parking spaces are required and allow pervious area of 14.2%, where 30 % is the minimum required. Property located at 2160 Palm Avenue, Hialeah, zoned C-2 (Liberal Retail Commercial District), within Area 1 of Neighborhood Business District Overlay. Applicant: Juan Carlos Rodriguez 6. ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA AMENDING CHAPTER 98, “ZONING”, ARTICLE V, ENTITLED “ZONING DISTRICT REGULATIONS”, DIVISION 9 ENTITLED “RO RESIDENTIAL OFFICE DISTRICT”, SECTION 98-776, ENTITLED “PURPOSE OF DISTRICT”, BY ELIMINATING RESIDENCE AS A USE IN COMBINATION WITH A OFFICES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 7. Old Business. 8. New Business. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, PERSONS NEEDING A SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING SHOULD CONTACT THE PLANNING DIVISION NO LATER THAN SEVEN DAYS PRIOR TO THE PROCEEDING. TELEPHONE (305) 883-8075 OR (305) 883-8076 FOR ASSISTANCE; IF HEARING IMPAIRED, TELEPHONE THE FLORIDA RELAY SERVICE NUMBERS (800) 955-8771 (TDD) OR (800) 955-8770 (VOICE) FOR ASSISTANCE. If you decide to appeal any decision made by the board, with respect to any matter considered at the meeting, you will need a record of the proceedings, and you may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 2

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