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Planning & Zoning Board

Regular Meeting

Hialeah, FL · January 23, 2019

AgendaMinutes

Minutes

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING January 23rd, 2019 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, Mr. Casanova Absent: Mr. Sanchez 2. Approval of Planning and Zoning Board Summary Agenda of January 9th, 2019 as submitted. Motion to Approve: Mr. Casanova; Second: Mr. Suarez Motion Approved: 6-0-1 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, FEBRUARY 26TH, 2019. 1 HIALEAH PLANNING AND ZONING BOARD MEETING- JANUARY 23 RD, 2019 3. Final decision to allow rear setback of 2.6 feet, 20 feet is the minimum required; allow east side setback of 4.82 feet, where 6 feet is the minimum required; allow west side setback of 5.89 feet, where 6 feet is the minimum required and allow front setback of 19.95 feet, where 20 feet is the minimum required. Property located at 562 West 79th Place, Hialeah, zoned R-1 (One-Family District). Applicant: Sonia Gutierrez Planner’s recommendation: Approve only side and front setback adjustments Motion to Approve as Requested: Mr. O. Perez; Second: Mr. Suarez Motion Approved: 6-0-1 Item Approved as Requested 4. Final decision to allow east side setback of 4.36 feet, where 6 feet is the minimum required for an existing oversized accessory building and allow rear setback of 3.45 feet, where 7.5 feet is the minimum required for an existing accessory building. Property located at 723 East 30th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Catalino Milo and Jacinta V. Otero Planner’s recommendation: Table item Motion to Table Item: Mr. Casanova; Second: Mr. Rodriguez Motion Approved: 6-0-1 Item Tabled 5. Final decision to allow front setback of 11 feet and rear setback of 9.83 feet, where 20 feet is the minimum required for front and rear setbacks, for additions to existing church. Property located at 500 West 78th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Abner Nuñez on behalf of Cristo Vive Inc. Planner’s recommendation: Approval Motion to Approve: Mr. Suarez; Second: Mr. Rodriguez Motion Approved: 6-0-1 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, FEBRUARY 12TH, 2019. 6. Conditional Use Permit (CUP) to allow an elementary school. Property located at 3100 West 76th Street, Hialeah, zoned C-2 (Liberal Retail Commercial District). Applicant: Ceasar Mestre, Esq. on behalf of Villaverde Properties Inc. Planner’s recommendation: Table item as per applicant’s request Motion to Table Item: Mr. Suarez; Second: Mr. Casanova Motion Approved: 6-0-1 Item Tabled 7. 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: Ceasar Mestre, Esq. on behalf of Direct Helpers Research Center 2 HIALEAH PLANNING AND ZONING BOARD MEETING- JANUARY 23 RD, 2019 Tabled item from October 24th, 2018 meeting Planner’s recommendation: Approval with Declaration of Restrictive Covenants Motion to Remove from Table: Mr. Casanova; Second: Mr. O. Perez Motion Approved: 6-0-1 Motion Approved Motion to Approve with Conditions: Mr. O. Perez; Second: Mr. Casanova Motion Approved: 6-0-1 Item Approved with Conditions 8. Proposed amendment of City of Hialeah, Florida Ordinance 2016-91 to substitute the approved site plan dated 10-5-16, pattern book prepared by Pascual Perez Kiliddjian & Associates architects and the landscape plan dated 10-5-16 prepared by Witkin Huts Design Group with a new site plan dated 10-12-18 and pattern book prepared by Pascual Perez Kiliddjian & Associates architects and the landscape plan dated 1-19-18 prepared by Witkin Huts Design Group; properties located on the SE corner of NW 170 Street and NW 97 Avenue, Hialeah, FL. Applicant: Alejandro J. Arias, Esq. on behalf of Two Lakes Lennar, LLC Tabled item from January 9th, 2019 meeting Planner’s recommendation: Table item as per applicant’s request NO ACTION 9. Proposed amendment to Declaration of Restrictions proffered by Two lakes Lennar, LLC, dated April 10th 2018 and recorded on Book 31070 pages 381-391 of Miami Dade County public records, to eliminate item 1 on page 2 that allowed a maximum of one- hundred and fifty (150) of the 23 feet rear-loaded townhome units to encompass an additional living quarter; properties located on the SE corner of NW 170 Street and NW 97 Avenue, Hialeah, FL. Applicant: Alejandro J. Arias, Esq. on behalf of Two Lakes Lennar, LLC Tabled item from January 9th, 2019 meeting Planner’s recommendation: Table item as per applicant’s request NO ACTION 10. 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 26 “TOD TRANSIT ORIENTED DEVELOPMENT DISTRICT” AND IN PARTICULAR ADDING A NEW SECTION 98-1561 ENTITLED “PILOT PROGRAM FOR FACTORY TOWN ENTERTAINMENT SUBDISTRICT” OF THE CODE OF ORDINANCES OF THE CITY OF HIALEAH, 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. Suarez; Second: Mr. O. Perez Motion Approved: 6-0-1 Item Approved 3 HIALEAH PLANNING AND ZONING BOARD MEETING- JANUARY 23 RD, 2019 MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 11. Old Business. None 12. New Business. Chairman Diego Perez announced that he will not be able to attend next Planning and Zoning meeting on February 13th, 2019. 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 January 23rd, 2019 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 January 9th, 2019 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, FEBRUARY 26TH, 2019. 3. Final decision to allow rear setback of 2.6 feet, 20 feet is the minimum required; allow east side setback of 4.82 feet, where 6 feet is the minimum required; allow west side setback of 5.89 feet, where 6 feet is the minimum required and allow front setback of 19.95 feet, where 20 feet is the minimum required. Property located at 562 West 79th Place, Hialeah, zoned R-1 (One-Family District). Applicant: Sonia Gutierrez 1 HIALEAH PLANNING AND ZONING BOARD MEETING- JANUARY 23 RD, 2019 4. Final decision to allow east side setback of 4.36 feet, where 6 feet is the minimum required for an existing oversized accessory building and allow rear setback of 3.45 feet, where 7.5 feet is the minimum required for an existing accessory building. Property located at 723 East 30th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Catalino Milo and Jacinta V. Otero 5. Final decision to allow front setback of 11 feet and rear setback of 9.83 feet, where 20 feet is the minimum required for front and rear setbacks, for additions to existing church. Property located at 500 West 78th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Abner Nuñez on behalf of Cristo Vive Inc. 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, FEBRUARY 12TH, 2019. 6. Conditional Use Permit (CUP) to allow an elementary school. Property located at 3100 West 76th Street, Hialeah, zoned C-2 (Liberal Retail Commercial District). Applicant: Ceasar Mestre, Esq. on behalf of Villaverde Properties Inc. 7. 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: Ceasar Mestre, Esq. on behalf of Direct Helpers Research Center Tabled item from October 24th, 2018 meeting 8. Proposed amendment of City of Hialeah, Florida Ordinance 2016-91 to substitute the approved site plan dated 10-5-16, pattern book prepared by Pascual Perez Kiliddjian & Associates architects and the landscape plan dated 10-5-16 prepared by Witkin Huts Design Group with a new site plan dated 10-12-18 and pattern book prepared by Pascual Perez Kiliddjian & Associates architects and the landscape plan dated 1-19-18 prepared by Witkin Huts Design Group; properties located on the SE corner of NW 170 Street and NW 97 Avenue, Hialeah, FL. Applicant: Alejandro J. Arias, Esq. on behalf of Two Lakes Lennar, LLC Tabled item from January 9th, 2019 meeting 9. Proposed amendment to Declaration of Restrictions proffered by Two lakes Lennar, LLC, dated April 10th 2018 and recorded on Book 31070 pages 381-391 of Miami Dade County public records, to eliminate item 1 on page 2 that allowed a maximum of one- hundred and fifty (150) of the 23 feet rear-loaded townhome units to encompass an additional living quarter; properties located on the SE corner of NW 170 Street and NW 97 Avenue, Hialeah, FL. Applicant: Alejandro J. Arias, Esq. on behalf of Two Lakes Lennar, LLC Tabled item from January 9th, 2019 meeting 10. ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA AMENDING CHAPTER 98 ENTITLED “ZONING”, ARTICLE 2 HIALEAH PLANNING AND ZONING BOARD MEETING- JANUARY 23 RD, 2019 V. “ZONING DISTRICT REGULATIONS”, DIVISION 26 “TOD TRANSIT ORIENTED DEVELOPMENT DISTRICT” AND IN PARTICULAR ADDING A NEW SECTION 98-1561 ENTITLED “PILOT PROGRAM FOR FACTORY TOWN ENTERTAINMENT SUBDISTRICT” OF THE CODE OF ORDINANCES OF THE CITY OF HIALEAH, 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. MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 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. 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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