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Planning & Zoning Board

Regular Meeting

Hialeah, FL · November 14, 2018

AgendaMinutes

Minutes

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING November 14th, 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. O. Perez, & Mr. Suarez Absent: Mr. Casanova & Mr. Sanchez 2. Approval of Planning and Zoning Board Summary Agenda of October 24th, 2018 as submitted. Motion to Approve: Mr. Suarez; Second: Mr. O. Perez 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, DECEMBER 11TH, 2018. 1 HIALEAH PLANNING AND ZONING BOARD MEETING- NOVEMBER 14 TH, 2018 3. Final decision to allow 5 feet interior east side setback, where 7.5 feet is the minimum required. Property located at 260 West 52nd Street, Hialeah, zoned R-1 (One-Family District). Applicant: Yanamara Perez and Maria Del Carmen Perez Planner’s recommendation: Denial Motion to Approve: Mr. O. Perez; Second: Mr. Rodriguez Motion Approved: 4-1-2 with Mr. Suarez voting NO Item Approved 4. Final decision to allow front setback of 14.05 feet, where 30 feet are required and allow east side setback of 2.35 feet, where 5.1 feet is the minimum required. Property located at 510 East 10th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Romel Reyes Castillo and Barbara Y Sierra Astiazarain Planner’s recommendation: Denial Motion to Table Item: Mr. O. Perez; Second: Mr. Suarez Motion Approved: 5-0-2 Item Tabled 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. 5. Rezoning from P (Parking) to B-1 (Highly Restricted Retail District) and allow 13 parking spaces, where 23 parking spaces are required. Property located at 402 East 41st Street, Hialeah, zoned P (Parking). Applicant: Barbara De la Caridad Hernandez Navarro Planner’s recommendation: Approval subject to amended Declaration of Restrictions and Unity of Title Motion to Approve with Conditions: Mr. Suarez; Second: Mr. Rodriguez Motion Approved: 5-0-2 Item Approved 6. Rezoning from R-1 (One-Family District) to R-2 (One- and Two-Family Residential District); variance permit to allow the replatting of the property into two substandard lots with approximate frontage of 43.75 feet and area of 5,753 square feet, where 75 feet is the minimum frontage allowed and 7,500 square feet is the minimum area allowed; allow the construction of a duplex on each substandard lot and allow interior east side setback of 0 feet, where 7.5 feet are required for the corner lot and interior west side setback of 0 feet, where 7.5 feet are required for easternmost lot. Property located at 801 East 28th Street, Hialeah, zoned R-1 (One-Family District). Applicant: EFG 801 LLC, Orlando Cordoves Planner’s recommendation: Approval *REPORT: Alberto Roque 760 East 29 Street, Hialeah in opposition *REPORT: Ileana Delgado 864 East 30 Street, Hialeah in opposition Motion to Approve: Mr. O. Perez; Second: Mr. Iglesias Motion Approved: 4-1-2 with Mr. Rodriguez voting NO Item Approved 2 HIALEAH PLANNING AND ZONING BOARD MEETING- NOVEMBER 14 TH, 2018 7. 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 Tabled item from October 24th, 2018 meeting Planner’s recommendation: Remain tabled NO ACTION 8. Special Use Permit (SUP) to allow the expansion of the Neighborhood Business District Regulations. Variance permit to allow: all units with area of 605 square feet, where 850 square feet is the minimum area required; 37% building frontage, where 100% is required; surface parking on front and side setbacks, where parking is not allowed on front and side setbacks;140 parking spaces, where 217 parking spaces are required; 10.5% pervious area, where 30% is the minimum required and partial waiver of landscaping requirements to allow 30 trees, where 47 trees are required as per the City of Hialeah landscape manual. Property located at 640 West 18th Street, Hialeah, zoned M-1 (Industrial District). Applicant: Anthony Escarra, Esq. of Alejandro Vilarello, P.A. on behalf of Delta Laboratories Inc. Planner’s recommendation: Approval Motion to Approve: Mr. O. Perez; Second: Mr. Rodriguez Motion Approved: 5-0-2 Item Approved 9. 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 Tabled item from October 10th, 2018 meeting Planner’s recommendation: Remain tabled until December 12th, 2018 P & Z meeting as per applicant’s request NO ACTION 10. ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA AMENDING THE CODE OF ORDINANCES OF THE CITY OF HIALEAH CHAPTER 98 ENTITLED “ZONING”, ARTICLE V. ENTITLED “ZONING DISTRICT REGULATIONS”, DIVISION 33, NBD NEIGHBORHOOD BUSINESS DISTRICT, SECTION 98-1630.2 BUILDING USES; REPEALING ALL 3 HIALEAH PLANNING AND ZONING BOARD MEETING- NOVEMBER 14 TH, 2018 ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING PENALTIES 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 11. ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA AMENDING THE CODE OF ORDINANCES OF THE CITY OF HIALEAH CHAPTER 98 ENTITLED “ZONING”, ARTICLE V. ENTITLED “ZONING DISTRICT REGULATIONS”, DIVISION 29, HIALEAH HEIGHTS, SECTION 98-1607.2 HIALEAH HEIGHTS CDH COMMERCIAL DEVELOPMENT DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Motion to Approve: Mr. Rodriguez; Second: Mr. Iglesias Motion Approved: 5-0-2 Item Approved 12. ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA AMENDING THE CODE OF ORDINANCES OF THE CITY OF HIALEAH, CHAPTER 98 ENTITLED “ZONING”, ARTICLE V. ZONING DISTRICT REGULATIONS, DIVISION 29. HIALEAH HEIGHTS, BY ADDING A NEW SECTION, § 98-1607.3 ENTITLED “RH-CD-MIXED USE MULTIPLE FAMILY DISTRICT”; PROVIDING A PURPOSE; SITE AND DEVELOPMENT STANDARDS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Motion to Approve: Mr. O. Perez; Second: Mr. Rodriguez Motion Approved: 5-0-2 Item Approved MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 13. TENTATIVE PLAT OF HIALEAH PURA VIDA Planner’s recommendation: Approval Motion to Table Item: Mr. Suarez; Second: Mr. O. Perez Motion Approved: 5-0-2 Item Tabled 14. Old Business. None 15. 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 4 HIALEAH PLANNING AND ZONING BOARD MEETING- NOVEMBER 14 TH, 2018 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

Agenda

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING November 14th, 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 October 24th, 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, DECEMBER 11TH, 2018. 3. Final decision to allow 5 feet interior east side setback, where 7.5 feet is the minimum required. Property located at 260 West 52nd Street, Hialeah, zoned R-1 (One-Family District). Applicant: Yanamara Perez and Maria Del Carmen Perez 1 HIALEAH PLANNING AND ZONING BOARD MEETING- NOVEMBER 14 TH, 2018 4. Final decision to allow front setback of 14.05 feet, where 30 feet are required and allow east side setback of 2.35 feet, where 5.1 feet is the minimum required. Property located at 510 East 10th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Romel Reyes Castillo and Barbara Y Sierra Astiazarain 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. 5. Rezoning from P (Parking) to B-1 (Highly Restricted Retail District) and allow 13 parking spaces, where 23 parking spaces are required. Property located at 402 East 41st Street, Hialeah, zoned P (Parking). Applicant: Barbara De la Caridad Hernandez Navarro 6. Rezoning from R-1 (One-Family District) to R-2 (One- and Two-Family Residential District); variance permit to allow the replatting of the property into two substandard lots with approximate frontage of 43.75 feet and area of 5,753 square feet, where 75 feet is the minimum frontage allowed and 7,500 square feet is the minimum area allowed; allow the construction of a duplex on each substandard lot and allow interior east side setback of 0 feet, where 7.5 feet are required for the corner lot and interior west side setback of 0 feet, where 7.5 feet are required for easternmost lot. Property located at 801 East 28th Street, Hialeah, zoned R-1 (One-Family District). Applicant: EFG 801 LLC, Orlando Cordoves 7. 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 Tabled item from October 24th, 2018 meeting 8. Special Use Permit (SUP) to allow the expansion of the Neighborhood Business District Regulations. Variance permit to allow: all units with area of 605 square feet, where 850 square feet is the minimum area required; 37% building frontage, where 100% is required; surface parking on front and side setbacks, where parking is not allowed on front and side setbacks;140 parking spaces, where 217 parking spaces are required; 10.5% pervious area, where 30% is the minimum required and partial waiver of landscaping requirements to allow 30 trees, where 47 trees are required as per the City of Hialeah landscape manual. Property located at 640 West 18th Street, Hialeah, zoned M-1 (Industrial District). Applicant: Anthony Escarra, Esq. of Alejandro Vilarello, P.A. on behalf of Delta Laboratories Inc. 2 HIALEAH PLANNING AND ZONING BOARD MEETING- NOVEMBER 14 TH, 2018 9. 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 Tabled item from October 10th, 2018 meeting 10. ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA AMENDING THE CODE OF ORDINANCES OF THE CITY OF HIALEAH CHAPTER 98 ENTITLED “ZONING”, ARTICLE V. ENTITLED “ZONING DISTRICT REGULATIONS”, DIVISION 33, NBD NEIGHBORHOOD BUSINESS DISTRICT, SECTION 98-1630.2 BUILDING USES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 11. ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA AMENDING THE CODE OF ORDINANCES OF THE CITY OF HIALEAH CHAPTER 98 ENTITLED “ZONING”, ARTICLE V. ENTITLED “ZONING DISTRICT REGULATIONS”, DIVISION 29, HIALEAH HEIGHTS, SECTION 98-1607.2 HIALEAH HEIGHTS CDH COMMERCIAL DEVELOPMENT DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 12. ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA AMENDING THE CODE OF ORDINANCES OF THE CITY OF HIALEAH, CHAPTER 98 ENTITLED “ZONING”, ARTICLE V. ZONING DISTRICT REGULATIONS, DIVISION 29. HIALEAH HEIGHTS, BY ADDING A NEW SECTION, § 98-1607.3 ENTITLED “RH-CD-MIXED USE MULTIPLE FAMILY DISTRICT”; PROVIDING A PURPOSE; SITE AND DEVELOPMENT STANDARDS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 13. TENTATIVE PLAT OF HIALEAH PURA VIDA 14. Old Business. 15. New Business. 3 HIALEAH PLANNING AND ZONING BOARD MEETING- NOVEMBER 14 TH, 2018 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

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