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Planning & Zoning Board

Regular Meeting

Hialeah, FL · May 9, 2018

AgendaMinutes

Minutes

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING May 9th, 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. Casanova, Mr. Sanchez Absent: Mr. O. Perez, Mr. Suarez 2. Approval of Planning and Zoning Board Summary Agenda of April 25th, 2018 as submitted. Motion to Approve: Mr. Casanova; Second: Mr. Sanchez Motion Approved: 5-0-2 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, JUNE 12TH, 2018. 1 HIALEAH PLANNING AND ZONING BOARD MEETING- MAY 9TH, 2018 3. Final Decision to allow a rear setback of 7 feet, where 20 feet is the minimum required for an existing terrace built without a permit. Property located at 960 West 51 st Place, Hialeah, zoned R-1 (One-Family District). Applicant: Santiago Paulino and Jacqueline Soto Planner’s recommendation: Approve with conditions Motion to Approve with Conditions: Mr. Tundidor; Second: Mr. Cabrera Motion Approved: 5-0-2 Item Approved 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, MAY 22ND, 2018. 4. Request to close, vacate and abandon for public use all of the 12 foot alley in Block 8 E (Plat Book 9-11), bounded on the east by the east line of said Block 8E and bounded on the west by the west line of Lot 23 prolonged until it intersects with the west line of Lot 11. Located on the eastern portion of the block bounded by East 9th Street to the south, East 5th Avenue to the east, East 10th Street to the north and East 4th Avenue to the west. Applicant: Torre Victoria, LLC Planner’s recommendation: Approval with conditions Motion to Approve: Mr. Cabrera; Second: Mr. Casanova Motion Approved: 5-0-2 Item Approved 5. Variance permit to allow the construction of a single family residence on a substandard lot having a width of 65 feet, where 75 feet is the minimum required. Property located at 715 East 56th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Omar Gonzalez, Excellent New Homes LLC Planner’s recommendation: Withdraw to re-advertise item No Action 6. Conditional Use Permit (CUP) to allow a restaurant located within the Artist Live/Work Overlay District to sell, offer for sale, deliver, and serve or permit the consumption of alcoholic beverages. Property located at 1000 East 16th Street, Hialeah, zoned M-1 (Industrial District). Applicant: Gray Robinson, P.A. on behalf of Kush Hospitality Group LLC Planner’s recommendation: Approval *REPORT: Eric Johnson, President of the Hialeah Fire Department Union in favor *REPORT: Reinaldo Sosa 970 East 17 Street in opposition Motion to Approve: Mr. Cabrera; Second: Mr. Tundidor Motion Approved: 5-0-2 Item Approved 7. ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA AMENDING CHAPTER 98, “ZONING”, ARTICLE VI, ENTITLED “SUPPLEMENTARY DISTRICT REGULATIONS”, DIVISION 5 ENTITLED “USES”, SUBDIVISION VIII, ENTITLED “ASSISTED LIVING FACILITIES” §§ 98-1956 AND 98-1957, TO REQUIRE COMPLIANCE WITH THE 2 HIALEAH PLANNING AND ZONING BOARD MEETING- MAY 9TH, 2018 DISTANCE SEPERATION IN SECTIONS §§ 98-1989 AND 98-1990 AS APPLICABLE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Planner’s recommendation: Approval Motion to Approve: Mr. Cabrera; Second: Mr. Casanova Motion Approved: 5-0-2 Item Approved MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 8. TENTATIVE PLAT OF VILLAS DEL ESTE Planner’s recommendation: Approval Motion to Approve: Mr. Casanova; Second: Mr. Sanchez Motion Approved: 5-0-2 Item Approved 9. FINAL PLAT OF ADIS SUBDIVISION Planner’s recommendation: Approval Motion to Approve: Mr. Tundidor; Second: Mr. Cabrera Motion Approved: 5-0-2 Item Approved 10. FINAL PLAT OF AMELIA MIXED USE DEVELOPMENT Planner’s recommendation: Approval Motion to Approve: Mr. Tundidor; Second: Mr. Casanova Motion Approved: 5-0-2 Item Approved 11. Old Business. None 12. 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 May 9th, 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 April 25th, 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, JUNE 12TH, 2018. 3. Final Decision to allow a rear setback of 7 feet, where 20 feet is the minimum required for an existing terrace built without a permit. Property located at 960 West 51 st Place, Hialeah, zoned R-1 (One-Family District). Applicant: Santiago Paulino and Jacqueline Soto 1 HIALEAH PLANNING AND ZONING BOARD MEETING- MAY 9TH, 2018 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, MAY 22ND, 2018. 4. Request to close, vacate and abandon for public use all of the 12 foot alley in Block 8 E (Plat Book 9-11), bounded on the east by the east line of said Block 8E and bounded on the west by the west line of Lot 23 prolonged until it intersects with the west line of Lot 11. Located on the eastern portion of the block bounded by East 9th Street to the south, East 5th Avenue to the east, East 10th Street to the north and East 4th Avenue to the west. Applicant: Torre Victoria, LLC 5. Variance permit to allow the construction of a single family residence on a substandard lot having a width of 65 feet, where 75 feet is the minimum required. Property located at 715 East 56th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Omar Gonzalez, Excellent New Homes LLC 6. Conditional Use Permit (CUP) to allow a restaurant located within the Artist Live/Work Overlay District to sell, offer for sale, deliver, and serve or permit the consumption of alcoholic beverages. Property located at 1000 East 16th Street, Hialeah, zoned M-1 (Industrial District). Applicant: Gray Robinson, P.A. on behalf of Kush Hospitality Group LLC 7. ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA AMENDING CHAPTER 98, “ZONING”, ARTICLE VI, ENTITLED “SUPPLEMENTARY DISTRICT REGULATIONS”, DIVISION 5 ENTITLED “USES”, SUBDIVISION VIII, ENTITLED “ASSISTED LIVING FACILITIES” §§ 98-1956 AND 98-1957, TO REQUIRE COMPLIANCE WITH THE DISTANCE SEPERATION IN SECTIONS §§ 98-1989 AND 98-1990 AS APPLICABLE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING FOR AN EFFECTIVE DATE. MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 8. TENTATIVE PLAT OF VILLAS DEL ESTE 9. FINAL PLAT OF ADIS SUBDIVISION 10. FINAL PLAT OF AMELIA MIXED USE DEVELOPMENT 11. Old Business. 12. 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. 2 HIALEAH PLANNING AND ZONING BOARD MEETING- MAY 9TH, 2018 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

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