Planning & Zoning Board

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING October 24th, 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. Sanchez Absent: Mr. Casanova, Mr. O. Perez Late: Mr. Suarez 7:30 P. M. 2. Approval of Planning and Zoning Board Summary Agenda of October 10th, 2018 as submitted. Motion to Approve: Mr. Sanchez; Second: Mr. Rodriguez Motion Approved: 4-0-3 with Mr. Suarez 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, NOVEMBER 27TH, 2018. 1  HIALEAH PLANNING AND ZONING BOARD MEETING- OCTOBER 24 TH, 2018 3. Final decision to allow west side setback of 5.58 feet for addition to be legalized and west side setback of 5.85 feet for detached gazebo to be legalized, where 6 feet is the minimum required; allow 7.50 feet distance separation between the addition and gazebo, where 20 feet is the minimum required and allow 19.15 feet front setback, where 20 feet is the minimum required. Property located at 210 East 60th Street, Hialeah, zoned R- 1(One-Family District). Applicant: Alejandro Ballester and Ana Isabel San Roman Tabled item from October 10th, 2018 meeting Planner’s recommendation: Approve with conditions Motion to Remove from Table: Mr. Sanchez; Second: Mr. Rodriguez Motion Approved: 4-0-3 with Mr. Suarez absent for the vote Motion Approved Motion to Approve with Conditions: Mr. Sanchez; Second: Mr. Rodriguez Motion Approved: 4-0-3 with Mr. Suarez absent for the vote Item Approved with Conditions 4. Final decision to allow rear setback of 8.9 feet, where 20 feet is the minimum required for an existing metal roof. Property located at 5681 West 20th Court, Hialeah, zoned R-3- 5 (Multiple-Family District). Applicant: Candida A. Delgado Planner’s recommendation: Approve with conditions Motion to Approve with Conditions: Mr. Sanchez; Second: Mr. Rodriguez Motion Approved: 4-0-3 with Mr. Suarez absent for the vote Item Approved with Conditions 5. Final decision to allow rear setback of 15 feet, where 20 feet is the minimum required for an existing addition. Property located at 701 West 55th Place, Hialeah, zoned R-1 (One-Family District). Applicant: Benigno R. Castillo and Narcisa N. Castillo Planner’s recommendation: Approval Motion to Approve: Mr. Sanchez; Second: Mr. Rodriguez Motion Approved: 4-0-3 with Mr. Suarez absent for the vote 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, NOVEMBER 13TH, 2018. 6. Rezoning from M-2 (Industrial District) to M-3 (Industrial District) and Special Use Permit to allow an indoor electronic recycling facility. Property located at 5501 NW 36th Avenue, Hialeah, zoned M-2 (Industrial District). Applicant: ERC Warehouse 5501 LLC, Eduardo Rodriguez Tabled item from September 26th, 2018 meeting Planner’s recommendation: Remained tabled as per applicant’s request 2  HIALEAH PLANNING AND ZONING BOARD MEETING- OCTOBER 24 TH, 2018 NO ACTION 7. Rezoning from RO (Residential Office) to B-1 (Highly Restricted Retail District). Property located at 610 East 49th Street, Hialeah, zoned RO (Residential Office). Applicant: Ceasar Mestre, Esq. on behalf of Star Prop XII LLC Planner’s recommendation: Approval Motion to Approve: Mr. Sanchez; Second: Mr. Rodriguez Motion Approved: 4-0-3 with Mr. Suarez absent for the vote Item Approved 8. Rezoning from C-2 (Liberal Retail Commercial District) to TOD (Transit Oriented Development District) and variance permit to allow 10 stories, where 8 stories is the maximum allowed. Property located at 1033 East 25th Street, Hialeah, zoned C-2 (Liberal Retail Commercial District). Applicant: Jorge L. Navarro, Esq. on behalf of Center State Pointe, LLC Planner’s recommendation: Approval Motion to Approve: Mr. Suarez; Second: Mr. Rodriguez Motion Approved: 5-0-2 Item Approved 9. Rezoning from M-1 (Industrial District) and A (Agricultural District) to C-2 (Liberal Retail Commercial District) and variance permit to allow the following: on future Tract A, allow area of less than 600 square feet on 18 studio residential units, where 600 square feet is the minimum area allowed and allow area of less than 850 square feet on 60 residential units, where 850 square feet is the minimum required; allow building mass without a delineated base, middle and cap, where a segmented mass is required; allow building frontage of 44% at the base , where 100% is required; allow 89.5 feet front setback, where 10 feet built-to-line is required; allow surface parking along the front setback , where surface parking is not allowed at the front setback and allow 368 parking spaces, where 664 parking spaces are required for the construction of a new mixed-use development including 260 residential units and approximately 11,000 square feet of retail in accordance with the NBD (Neighborhood Business District) regulations. On future Tract B allow 7.6 feet front setback for proposed two story commercial building, where 20 feet is the minimum required, on future Tract C allow approximately 1.5 feet landscape buffer for a distance of 200 feet along West 29th Street, where 7 feet is the minimum required and on future Tract D, allow 22 parking spaces, where 25 parking spaces are required for the construction of a commercial development in accordance to C- 2 (Liberal Retail Commercial District) regulations. Also requesting a temporary waiver of plat provided that a final plat gets approved within 18th months of approval of this application. Property located at 2901 West 16th Avenue, Hialeah, zoned M-1 (Industrial District). Applicant: Javier Vazquez, Esq. on behalf of Hialeah Pura Vida Commercial LLC and Hialeah Pura Vida Apartments LLC Planner’ recommendation: Approve with conditions Motion to Approve Subject to a Declaration of Restrictive Covenants and a Parking Management Plan: Mr. Suarez; Second: Mr. Rodriguez Motion Approved: 5-0-2 3  HIALEAH PLANNING AND ZONING BOARD MEETING- OCTOBER 24 TH, 2018 Item Approved 10. Variance permit to allow an existing single family home to remain on a substandard lot (lot 9) with frontage of 40 feet, where 75 feet are required and area of 5,440 square feet, where 7,500 square feet are required; allow interior west side setback of 0 feet, where 5’1” is the minimum required and allow existing oversized carport with area of 564 square feet, where 400 square feet is the maximum allowed. Also requesting variance permit to allow the construction of a new single family home on adjacent lot 8 with frontage of 40 feet, where 75 feet are required and area of 5,440 square feet, where 7,500 square feet are required. Property located at 7XX East 33rd Street, Hialeah, zoned R-1 (One Family District). Applicant: Lumination Homes LLC Planner’s recommendation: Denial Motion to Table Item: Mr. Suarez; Second: Mr. Rodriguez Motion Approved: 5-0-2 Item Tabled 11. Variance permit to allow a building height of approximately 54 feet, where 35 feet is the maximum allowed. Property located at 725 SE 9th Court, Hialeah, zoned M-1 (Industrial District). Applicant: Melissa Tapanes LLahues, Esq. on behalf of Columbia Florida 9th Industrial, LLC Planner’s recommendation: Approve with conditions Motion to Approve Subject to a Declaration of Restrictive Covenants: Mr. Sanchez; Second: Mr. Rodriguez Motion Approved: 5-0-2 Item Approved 12. Variance permit to allow 4 on-site parking spaces and 3 on-street parking spaces, where 12 parking spaces are required and waive minimum landscaping requirements. Property located at 2205 West 9th Avenue, Hialeah, zoned M-2 (Industrial District). Applicant: Danva Home Improvements Inc. Planner’s recommendation: Approve with conditions Motion to Approve Subject to a Declaration of Restrictive Covenants: Mr. Suarez; Second: Mr. Rodriguez & Mr. Sanchez Motion Approved: 5-0-2 Item Approved 13. Special Use Permit (SUP) to allow a research center; variance permit to allow 16 parking spaces, where 47 parking spaces are required; allow rear setback of 6 feet, where 15 feet is the minimum required; allow height of 50 feet, where 40 feet is the maximum allowed and allow 6% pervious area, where 18% is the minimum required. Property located at 425 West 51st Place, Hialeah, zoned C-1 (Restricted Retail Commercial District). Applicant: Direct Helpers Research Center, Aileen Tablado 4  HIALEAH PLANNING AND ZONING BOARD MEETING- OCTOBER 24 TH, 2018 Tabled item from October 10th, 2018 meeting Planner’s recommendation: Remain tabled as per applicant’s request NO ACTION 14. ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA AMENDING CHAPTER 98 ENTITLED “ZONING”, ARTICLE V. “ZONING DISTRICT REGULATIONS”, DIVISION 11 “LANDSCAPING”, SECTION 98-2233 “WAIVER OF MINIMUM LANDSCAPING REQUIREMENTS; LANDSCAPE MITIGATION”, OF THE CODE OF ORDINANCES OF THE CITY OF HIALEAH, TO ALLOW FOR WAIVERS OF THE CITY’S MINIMUM LANDSCAPING REQUIREMENTS AS MAY BE APPROPRIATE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING PENALITIES FOR VIOLATION HEREOF; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Motion to Approve: Mr. Suarez; Second: Mr. Iglesias Motion Approved: 5-0-2 Item Approved MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 15. TENTATIVE PLAT OF TOM THUMB FOOD STORES SUBDIVISION I Planner’s recommendation: Approval Motion to Approve: Mr. Suarez; Second: Mr. Iglesias Motion Approved: 5-0-2 Item Approved 16. Old Business. None 17. 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. 5