Planning & Zoning Board

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING October 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. Banegas, & Mr. Casanova 2. Approval of Planning and Zoning Board Summary Agenda of October 2nd, 2019 as submitted. Motion to Approve: Mr. Suarez; Second: Mr. Casanova Motion Approved: 7-0 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, CONTACT A MEMBER OF THE CITY CLERK’S OFFICE TO OBTAIN A COPY OF THE FINAL DECISION AND RESOLUTION. 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 26TH, 2019. 1  HIALEAH PLANNING AND ZONING BOARD MEETING- OCTOBER 23 RD, 2019 3. Final decision to allow front and rear setbacks of 20 feet, where 25 feet is the minimum required. Property located at 2689 East 7th Avenue, Hialeah, zoned R-2 (One- and Two- Family Residential District). Applicant: Miguel Guerrero Planner’s recommendation: Approval Motion to Approve: Mr. Casanova; Second: Mr. Suarez Motion Approved: 7-0 Item approved 4. Final decision to allow east side setback of 5.1 feet, where 6 feet is the minimum required for the legalization of a detached 399 square feet structure to be used as a playroom. Property located at 127 East 45th Street, Hialeah, zoned R-1 (One-Family District). Application: Yoel Leyva Planner’s recommendation: Approve with conditions Motion to Approve with Conditions: Mr. Suarez; Second: Mr. Casanova Motion Approved: 7-0 The setback reduction to allow 5.1 East side setback for a distance of 19 feet could be approved since it is minimal. The adjustment could be approved with the condition that all plumbing will be completely removed, and the accessory building will be used as a playroom or storage and that the legalization will be completed within 180 days. 5. Final decision to allow rear setback of 6.90 feet, where 10 feet is the minimum required for an existing addition and terrace to be legalized. Property located at 240, 250, and 260 East 5th Street, Hialeah, zoned R-3-D (Multifamily District). Application: Sarepta III, LLC Planner’s recommendation: Approval Motion to Approve: Mr. O. Perez; Second: Mr. Iglesias Motion Approved: 7-0 Item approved 6. Final decision to allow rear setback of 18.02 feet, where 20 feet is the minimum required for the legalization of an existing addition. Property located at 480 West 39th Street, Hialeah, zoned R-1 (One-Family District). Application: Iris Alonso Planner’s recommendation: Approve with conditions Motion to Approve with Conditions: Mr. Casanova; Second: Mr. O. Perez Motion Approved: 7-0 The reduced setback could be approved, given that is the continuation of a legal non- conforming setback established back in 1961. However, it should be approved with the condition that the exterior west side door of the addition is removed and the legalization is completed within 180 days. 2  HIALEAH PLANNING AND ZONING BOARD MEETING- OCTOBER 23 RD, 2019 7. Final decision to allow rear setback of 12 feet, where 20 feet is the minimum required for a proposed addition including an open terrace at the rear. Property located at 874 West 69th Place, Hialeah, zoned R-1 (One-Family District). Application: Yanelis Rey Betancourt and Cetsmir Perez Planner’s recommendation: Approve with conditions Motion to Approve with Conditions: Mr. Suarez; Second: Mr. Casanova Motion Approved: 7-0 The adjustment could be approved, with the condition that dense landscaping such as Cocoplum to be kept at a height of 6 feet be installed along the south property line, in order to mitigate the sound impact to the adjacent home to the south. 8. Final decision to allow west side setback of 2.2 feet, where 6.8 feet is the minimum required and to allow distance separation between a proposed gazebo and an existing carport of 3 feet, where 10 feet is the minimum required. Property located at 10 West 63rd Street, Hialeah, zoned R-1 (One-Family District). Application: Manuel Rodriguez Planner’ recommendation: Table the item Motion to Table Item: Mr. O. Perez; Second: Mr. Suarez Motion Approved: 7-0 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 12TH, 2019. 9. Rezoning property from R-1 (One-Family District) to R-2 (One- and Two-Family Residential District) for the legalization of an existing living unit on the second floor; and variance permit to allow a duplex on a substandard lot with frontage of 60 feet, where 75 feet are required and area of 7,320 square feet, where 7,500 square feet are required; allow 6.13 feet north side setback, where 7.5 feet is the minimum required ; and allow 6.83 feet rear setback for existing accessory building, where 7.5 feet are required. Property located at 1765 East 9th Avenue, Hialeah, zoned R-1 (One-Family District). Applicant: Stephen Mason Planner’s recommendation: Approve with conditions Motion to Approve with Conditions: Mr. O. Perez; Second: Mr. Casanova Motion Approved: 7-0 The rezoning and variances shall be approved with the condition that the legalizations are completed within 180 days. 10. Request to close, vacate and abandon for public use the 12-foot alley extending approximately 140 feet east of an existing closed alley closed by Ordinance 2018-003, running north of the properties located at 853 East 24th Street and 859 East 24th Street and running south of the properties located at 840 East 25th Street, 860 East 25th Street and 879 East 25th Street. Applicant: Ceasar Mestre, Esq. Planner’s recommendation: Approval 3  HIALEAH PLANNING AND ZONING BOARD MEETING- OCTOBER 23 RD, 2019 Motion to Approve: Mr. Suarez; Second: Mr. Iglesias Motion Approved: 7-0 Item approved 11. Conditional Use permit (CUP) to allow an existing K-6 grade school with an enrollment of 105 students within a facility that also includes a daycare with an enrollment of 59 students and variance permit to allow no off-street parking, where 19 parking spaces are required. Property located at 891 West 29th Street, zoned C-2 (Liberal Retail Commercial District). Applicant: Ceasar Mestre, Esq. Planner’s recommendation: Table as per applicant’s request Motion to Table Item: Mr. O. Perez; Second: Mr. Casanova & Mr. Rodriguez Motion Approved: 7-0 Item tabled MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 12. FINAL PLAT OF AQUABELLA NORTH REPLAT Planner’s recommendation: Approval Motion to Approve: Mr. O. Perez; Second: Mr. Iglesias Motion Approved: 7-0 Item approved 13. Old Business. None 14. New Business. Planning and Zoning Official, Debora Storch asked the board members to vote on cancelling the Planning and Zoning meeting on November 27th, 2019. Motion to Cancel Meeting: Mr. Suarez; Second: Mr. Iglesias Motion Approved: 7-0 Motion approved 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