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Planning & Zoning Board

Regular Meeting

Hialeah, FL · September 12, 2018

AgendaMinutes

Minutes

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING September 12th, 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. Rodriguez, Mr. Iglesias, Mr. Casanova Late: Mr. Suarez 7:15 P. M. Absent: Mr. O. Perez, Mr. Sanchez 2. Approval of Planning and Zoning Board Summary Agenda of August 22nd, 2018 as submitted. Motion to Approve: Mr. Casanova; Second: Mr. Rodriguez Motion Approved: 4-0-3 with Mr. Suarez being absent for the vote 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, OCTOBER 9TH, 2018. 1 HIALEAH PLANNING AND ZONING BOARD MEETING- SEPTEMBER 12 TH, 2018 3. Final decision to allow the following adjustments: rear setback of 17.5 feet, where 20 feet are required for the existing house; west side setback of 3 feet, where 6.5 feet are required for an aluminum roof and west side setback of 1 feet, where 6.5 feet are required, for pergola. Property located at 180 SE 9th Avenue, Hialeah, zoned R-1 (One- Family District). Applicant: Carmen Oroceno Tabled item from August 22nd, 2018 meeting Planner’s recommendation: Approval with conditions Motion to Remove from Table: Mr. Casanova; Second: Mr. Suarez Motion Approved: 5-0-2 Motion Approved Motion to Approve with Conditions: Mr. Suarez; Second: Mr. Casanova Motion Approved: 5-0-2 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, SEPTEMBER 25TH, 2018. 4. .Rezoning from R-1(One-Family District) to C-2 (Liberal Retail Commercial District) and P (Parking) and variance permit to allow a front setback of 4 feet, where 20 feet is the minimum required and allow 22 parking spaces, where 37 parking spaces are required. Property located at 802 and 814 East 24th Street, Hialeah, zoned R-1 (One- Family District). Applicant: East 8th PT LLC, Daniel Abreu Tabled item from August 22nd, 2018 meeting Planner’s recommendation: Approve rezoning from R-1 and SUP to C-1 and P and approve parking variance with recommended conditions NO ACTION; Applicant requested item to remain tabled 5. Rezoning from GU (Interim District-Miami-Dade County zoning designation) to MH (Industrial District). Property located at 14450 NW 102th Avenue, Hialeah, zoned GU (Interim District-Miami-Dade County zoning designation). Applicant: Ceasar Mestre, Esq. on behalf of Gonzalez Property Investments LTD Planner’s recommendation: Approval Motion to Approve: Mr. Casanova; Second: Mr. Suarez Motion Approved: 5-0-2 Item Approved 6. Rezoning from R-1 (One-Family District) to R-2 (One- and Two-Family Residential District) and variance permit to allow a front setback of 20.2 feet, where 25 feet is the minimum required and to allow rear setback of 23.2 feet, where 25 feet is the minimum required. Property located at 731 East 20th Street, Hialeah, zoned R-1 (One-Family District). Applicant: N & J Dreams LLC, Nancy Acosta Planner’s recommendation: Table item as per applicant’s request Motion to Table: Mr. Suarez; Second: Mr. Casanova 2 HIALEAH PLANNING AND ZONING BOARD MEETING- SEPTEMBER 12 TH, 2018 Motion Approved: 5-0-2 Item Tabled 7. Variance permit to allow an adult day care center and pharmacy facility in an existing industrial building proposed to be retrofitted for the new use with interior east side setback of 0 feet, where 5.1 feet is the minimum required; allow a rear setback of 0’ feet, where 2.7 feet is the minimum required; allow 45 parking spaces, where 121 parking spaces are required, and allow 9% pervious area, where 18% pervious area is the minimum required. Property located at 75, 91 and 95 West 21st Street, Hialeah, zoned M- 1 (Industrial District). Applicant: Ceasar Mestre, Esq. on behalf of Arnesio Viera Planner’s recommendation: Approval with Declaration of Restrictive Covenants limiting operations and number of employees as proffered Motion to Approve with Conditions: Mr. Suarez; Second: Mr. Rodriguez Motion Approved: 5-0-2 Item Approved with Conditions 8. Variance permit to allow a construction of a single family home on each substandard lot (Lots 12 and 13) having a width of 40 feet and area of 5,480 square feet approximately each, where 75 feet and 7,500 square feet are the minimum width and area required, and to allow a front setback of 20 feet for lot 12 and 20.4 feet for lot 13, where 30 feet are the minimum required respectively. Property located at 680 East 36th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Anthony Escarra, Esq. of Alejandro Vilarello, P.A. on behalf of Fernando Hernandez Planner’s recommendation: Approval Motion to Approve: Mr. Suarez; Second: Mr. Rodriguez Motion Approved: 5-0-2 Item Approved 9. Variance permit to allow 654 parking spaces, where 863 780 parking spaces are required. Property located at 435 Hialeah Drive, Hialeah, zoned CR (Commercial Residential District) and granted SUP (City of Hialeah, Fla, Ordinance 2015-47). Applicant: Felix Lasarte, Esq. on behalf of Shoma Retail, LLC Planner’s recommendation: Approve subject to parking management plan Applicant requested to table item Motion to Table: Mr. Suarez; Second: Mr. Casanova Motion Approved: 5-0-2 Item Tabled 10. Variance permit to allow pervious area of 9%, where 18% is required and waive the requirement to provide a landscaping island every ten parking spaces and allow landscape mitigation for the trees that cannot be provided due to site physical constraints. Property located at 1625 West 49th Street, Hialeah, zoned C-2 (Liberal Retail Commercial District). Applicant: Seritage SRC Finance, LLC, James Bry Planner’s recommendation: Approval Motion to Approve: Mr. Casanova; Second: Mr. Suarez Motion Approved: 5-0-2 3 HIALEAH PLANNING AND ZONING BOARD MEETING- SEPTEMBER 12 TH, 2018 Item Approved 11. Special Use Permit (SUP) to allow the use of a prefabricated building on a property zoned M-1 for an extended period of time not exceeding 12 months from the effective day of the ordinance, for a temporary sorting facility for the loading and unloading, sorting and distribution of mail packages (extending the 12 month period previously granted by City of Hialeah, FL Ordinance 2018-16). Property located at 6001 East 8th Avenue, Hialeah, zoned M-1 (Industrial District). Applicant: United Parcel Services Inc., Kenneth L. Hayes Planner’s recommendation: Approval Motion to Approve: Mr. Suarez; Second: Mr. Casanova Motion Approved: 5-0-2 Item Approved MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 12. TENTATIVE PLAT OF ATLANTICO AT AQUABELLA Motion to Approve: Mr. Suarez; Second: Mr. Rodriguez Motion Approved: 5-0-2 Item Approved 13. Old Business. None 14. New Business. Chairman, Diego Perez welcomed the new Planning and Zoning board member Esmiley Iglesias. 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. 4

Agenda

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING September 12th, 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 August 22nd, 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, OCTOBER 9TH, 2018. 3. Final decision to allow the following adjustments: rear setback of 17.5 feet, where 20 feet are required for the existing house; west side setback of 3 feet, where 6.5 feet are required for an aluminum roof and west side setback of 1 feet, where 6.5 feet are required for pergola. Property located at 180 SE 9th Avenue, Hialeah, zoned R-1 (One-Family District). Applicant: Carmen Oroceno 1 HIALEAH PLANNING AND ZONING BOARD MEETING- SEPTEMBER 12 TH, 2018 Tabled item from August 22nd, 2018 meeting 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, SEPTEMBER 25TH, 2018. 4. .Rezoning from R-1(One-Family District) to C-2 (Liberal Retail Commercial District) and P (Parking) and variance permit to allow a front setback of 4 feet, where 20 feet is the minimum required and allow 22 parking spaces, where 37 parking spaces are required. Property located at 802 and 814 East 24th Street, Hialeah, zoned R-1 (One- Family District). Applicant: East 8th PT LLC, Daniel Abreu Tabled item from August 22nd, 2018 meeting 5. Rezoning from GU (Interim District-Miami-Dade County zoning designation) to MH (Industrial District). Property located at 14450 NW 102th Avenue, Hialeah, zoned GU (Interim District-Miami-Dade County zoning designation). Applicant: Ceasar Mestre, Esq. on behalf of Gonzalez Property Investments LTD 6. Rezoning from R-1 (One-Family District) to R-2 (One- and Two-Family Residential District) and variance permit to allow a front setback of 20.2 feet, where 25 feet is the minimum required and to allow rear setback of 23.2 feet, where 25 feet is the minimum required. Property located at 731 East 20th Street, Hialeah, zoned R-1 (One-Family District). Applicant: N & J Dreams LLC, Nancy Acosta 7. Variance permit to allow an adult day care center and pharmacy facility in an existing industrial building proposed to be retrofitted for the new use with interior east side setback of 0 feet, where 5.1 feet is the minimum required; allow a rear setback of 0’ feet, where 2.7 feet is the minimum required; allow 45 parking spaces, where 121 parking spaces are required, and allow 9% pervious area, where 18% pervious area is the minimum required. Property located at 75, 91 and 95 West 21st Street, Hialeah, zoned M- 1 (Industrial District). Applicant: Ceasar Mestre, Esq. on behalf of Arnesio Viera 8. Variance permit to allow a construction of a single family home on each substandard lot (Lots 12 and 13) having a width of 40 feet and area of 5,480 square feet approximately each, where 75 feet and 7,500 square feet are the minimum width and area required, and to allow a front setback of 20 feet for lot 12 and 20.4 feet for lot 13, where 30 feet are the minimum required respectively. Property located at 680 East 36th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Anthony Escarra, Esq. of Alejandro Vilarello, P.A. on behalf of Fernando Hernandez 9. Variance permit to allow 654 parking spaces, where 863 780 parking spaces are required. Property located at 435 Hialeah Drive, Hialeah, zoned CR (Commercial Residential District) and granted SUP (City of Hialeah, Fla, Ordinance 2015-47). Applicant: Felix Lasarte, Esq. on behalf of Shoma Retail, LLC 2 HIALEAH PLANNING AND ZONING BOARD MEETING- SEPTEMBER 12 TH, 2018 10. Variance permit to allow pervious area of 9%, where 18% is required and waive the requirement to provide a landscaping island every ten parking spaces and allow landscape mitigation for the trees that cannot be provided due to site physical constraints. Property located at 1625 West 49th Street, Hialeah, zoned C-2 (Liberal Retail Commercial District). Applicant: Seritage SRC Finance, LLC, James Bry 11. Special Use Permit (SUP) to allow the use of a prefabricated building on a property zoned M-1 for an extended period of time not exceeding 12 months from the effective day of the ordinance, for a temporary sorting facility for the loading and unloading, sorting and distribution of mail packages (extending the 12 month period previously granted by City of Hialeah, FL Ordinance 2018-16). Property located at 6001 East 8th Avenue, Hialeah, zoned M-1 (Industrial District). Applicant: United Parcel Services Inc., Kenneth L. Hayes MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 12. TENTATIVE PLAT FOR ATLANTICO AT AQUABELLA 13. Old Business. 14. 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. 3

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