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Planning & Zoning Board

Regular Meeting

Hialeah, FL · December 11, 2019

AgendaMinutes

Minutes

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING December 11th, 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 November 13th, 2019 as submitted. Motion to Approve: Mr. Casanova; Second: Mr. Suarez 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, JANUARY 28TH, 2020. 1 HIALEAH PLANNING AND ZONING BOARD MEETING- DECEMBER 11 TH, 2019 3. Final decision to allow west side setback of 2.2 feet, where 6.8 feet is the minimum required for a proposed gazebo; allow 3 feet distance separation between a proposed gazebo and an existing terrace, where 10 feet is the minimum required and allow 7.6 feet street side setback, where 15 feet is the minimum required for an additional gazebo. Property located at 10 West 63rd Street, Hialeah, zoned R-1 (One-Family District). Applicant: Manuel Rodriguez Planner’s recommendation: Approve only 7.6 feet street side setback, where 15 feet are required. Motion to Approve as Requested: Mr. Rodriguez; Second: Mr. O. Perez Motion Approved: 5-0-2 with Mr. Suarez and Mr. Casanova voting NO Item approved as requested 4. Final decision to allow rear setback of 9.2 feet, where 20 feet is the minimum required, and allow north side interior setback of 5.50 feet, where 6.85 feet are required for a proposed aluminum terrace. Property located at 3645 East 7th Avenue, Hialeah, zoned R- 1 (One- Family District). Application: Gustavo Del Zauzal Planner’s recommendation: Approve 9.2 feet east side setback with the condition that the terrace remains open on three sides. Motion to Approve with Conditions: Mr. O. Perez; Second: Mr. Suarez Motion Approved: 7-0 The request of 9.2 feet east side setback approved with the condition that the terrace remains open on three sides. 5. Final decision to allow rear setback of 10.83 feet, where 20 feet is the minimum required for an existing terrace to be legalized and allow interior north side setback of 1 feet, where 7.5 feet are required for an existing roof to be legalized. Property located at 7600 West 14th Court, Hialeah, zoned R-1 (One-Family District). Application: Esney Gonzalez Planner’s recommendation: Table item as per applicant’s request Motion to Table Item: Mr. Suarez; Second: Mr. Rodriguez Motion Approved: 6-0-1 with Mr. Casanova abstaining his vote due to a voting conflict. 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, JANUARY 14TH, 2020. 6. Rezoning from M-1 (Industrial District) to TOD (Transit Oriented Development District); consideration of a parking plan to permit a variance to allow 114 on-site parking spaces, where 524 spaces are required provided that the remaining spaces identified in the parking study will be provided off-site or by payment into the parking improvement trust fund as established in a parking covenant; consideration of a master sign plan; and Conditional Use permit to allow distilleries, entertainment establishments, 2 HIALEAH PLANNING AND ZONING BOARD MEETING- DECEMBER 11 TH, 2019 festivals, live music venues, nightclubs, banquet halls, dance halls, bars, special events, exhibits, and similar outdoor uses, such as retail, dining (including food trucks and food carts), including other entertainment, music and art festivals. Property located at 4800 NW 37th Avenue located within the Factory Town Entertainment Sub-district Pilot Program, Hialeah, zoned M-1 (Industrial District). Applicant: Jorge L. Navarro, Esq. on behalf of 4700 NW 37th Investments, LLC Planner’s recommendation: Table item until January 15th, 2020 meeting Motion to Table Item: Mr. Rodriguez; Second: Mr. Iglesias Motion Approved: 7-0 Item tabled until January 15th, 2020 meeting 7. Rezoning from M-1 (Industrial District) to M-3 (Industrial District); Special Use Permit (SUP) to allow the operation of a metal recycling facility; variance permit to a 264 square feet building, where 1,000 square feet is the minimum building area required; allow 6.9% pervious area, where 10% is the minimum required and allow a waiver of minimum landscaping requirements with landscape mitigation for 5 trees and 50 shrubs. Properties located at 4938 E 11th Avenue and 4951 E 10th Lane, Hialeah, zoned M-1 (Industrial District). Applicant: Ceasar Mestre, Esq. on behalf of CMR Metal Processors LLC Tabled item from September 25th, 2019 meeting Planner’s recommendation: Approval with conditions Motion to Approve with Conditions: Mr. Casanova; Second: Mr. Suarez and Mr. Iglesias Motion Approved: 7-0 Item approved with the condition that the proposed improvements and proposed business operations are memorialized in a recorded document and built prior to the start of the operations to avoid further deterioration of the area’s conditions. 8. Rezoning from R-1 (One-Family District) to R-3-3 (Multiple-Family District) and variance permit to allow 17.66 feet front setback, where 25 feet are required; allow 5 feet street side setback, where 15 feet are required and allow 10.5 feet rear setback, where 20 feet are required. Property located at 811 East 52nd Street, Hialeah, zoned R-1 (One- Family District). Applicant: Ceasar Mestre, Esq. on behalf of ARB Homes, LLC Planner’s recommendation: Approval Motion to Table Item: Mr. Suarez; Second: Mr. Casanova Motion Approved: 6-0-1 with Mr.Iglesias abstaining his vote due to a voting conflict. Item tabled 9. Rezoning from R-1 (One-Family District) to R-2 (One- and Two-Family Residential District) and variance permit to allow a duplex on a substandard lot with frontage of 60 feet, where 75 feet is the minimum required and allow 2.10 feet interior west side setback for an existing 104 square feet accessory building, where 6 feet are required. Property located at 851 East 14th Place, Hialeah, zoned R-1 (One-Family District). Applicant: Monique A. Salazar on behalf of Marta Salazar Planner’s recommendation: Approval 3 HIALEAH PLANNING AND ZONING BOARD MEETING- DECEMBER 11 TH, 2019 Motion to Approve: Mr. Casanova; Second: Mr. Iglesias Motion Approved: 7-0 Item approved 10. Conditional Use Permit to allow the expansion of an existing non-conforming church including a patronage building; and variance permit to allow 25 feet front setback for patronage building, where 5 feet are required; allow 3 parking spaces backing out in the front setback, where parking in the front setback and back out parking is not allowed; allow 14 feet front setback for church building, where 10 feet are required; allow 0 feet interior side setback, where 5 feet are required and allow 9 parking spaces, where 77 parking spaces are required and allow 8.5% pervious area, where 30% pervious area is required. Property located at 16-26 East 7th Street, Hialeah, zoned R-3-D (Multifamily District) and CR (Commercial Residential). Applicant: Primera Iglesia Bautista Libre de Hialeah, Inc. Planner’s recommendation: Approval Motion to Approve: Mr. O. Perez; Second: Mr. Iglesias and Mr. Casanova Motion Approved: 7-0 Item approved MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 11. TENTATIVE PLAT OF RIRC SUBDIVISION Planner’s recommendation: Approval Motion to Approve: Mr. Rodriguez; Second: Mr. Suarez Motion Approved: 7-0 Item approved 12. Old Business. None. 13. New Business. Planning and Zoning Official, Debora Storch proposed to reschedule January 2020 meetings as follows: January 8, 2020 reschedule to January 15, 2020 January 22, 2020 reschedule to January 29, 2020 Motion to Approve: Mr. Suarez; Second: Mr. Casanova 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. 4 HIALEAH PLANNING AND ZONING BOARD MEETING- DECEMBER 11 TH, 2019 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 December 11th, 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 November 13th, 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, 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, JANUARY 28TH, 2020. 3. Final decision to allow west side setback of 2.2 feet, where 6.8 feet is the minimum required for a proposed gazebo; allow 3 feet distance separation between a proposed gazebo and an existing terrace, where 10 feet is the minimum required and allow 7.6 feet street side setback, where 15 feet is the minimum required for an additional gazebo. Property located at 10 West 63rd Street, Hialeah, zoned R-1 (One-Family District). 1 HIALEAH PLANNING AND ZONING BOARD MEETING- DECEMBER 11 TH, 2019 Applicant: Manuel Rodriguez 4. Final decision to allow rear setback of 9.2 feet, where 20 feet is the minimum required, and allow north side interior setback of 5.50 feet, where 6.85 feet are required for a proposed aluminum terrace. Property located at 3645 East 7th Avenue, Hialeah, zoned R- 1 (One- Family District). Application: Gustavo Del Zauzal 5. Final decision to allow rear setback of 10.83 feet, where 20 feet is the minimum required for an existing terrace to be legalized and allow interior north side setback of 1 feet, where 7.5 feet are required for an existing roof to be legalized. Property located at 7600 West 14th Court, Hialeah, zoned R-1 (One-Family District). Application: Esney Gonzalez 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, JANUARY 14TH, 2020. 6. Rezoning from M-1 (Industrial District) to TOD (Transit Oriented Development District); consideration of a parking plan to permit a variance to allow 114 on-site parking spaces, where 524 spaces are required provided that the remaining spaces identified in the parking study will be provided off-site or by payment into the parking improvement trust fund as established in a parking covenant; consideration of a master sign plan; and Conditional Use permit to allow distilleries, entertainment establishments, festivals, live music venues, nightclubs, banquet halls, dance halls, bars, special events, exhibits, and similar outdoor uses, such as retail, dining (including food trucks and food carts), including other entertainment, music and art festivals. Property located at 4800 NW 37th Avenue located within the Factory Town Entertainment Sub-district Pilot Program, Hialeah, zoned M-1 (Industrial District). Applicant: Jorge L. Navarro, Esq. on behalf of 4700 NW 37th Investments, LLC 7. Rezoning from M-1 (Industrial District) to M-3 (Industrial District); Special Use Permit (SUP) to allow the operation of a metal recycling facility; variance permit to a 264 square feet building, where 1,000 square feet is the minimum building area required; allow 6.9% pervious area, where 10% is the minimum required and allow a waiver of minimum landscaping requirements with landscape mitigation for 5 trees and 50 shrubs. Properties located at 4938 E 11th Avenue and 4951 E 10th Lane, Hialeah, zoned M-1 (Industrial District). Applicant: Ceasar Mestre, Esq. on behalf of CMR Metal Processors LLC Tabled item from September 25th, 2019 meeting 8. Rezoning from R-1 (One-Family District) to R-3-3 (Multiple-Family District) and variance permit to allow 17.66 feet front setback, where 25 feet are required; allow 5 feet street side setback, where 15 feet are required and allow 10.5 feet rear setback, where 20 feet are required. Property located at 811 East 52nd Street, Hialeah, zoned R-1 (One- Family District). Applicant: Ceasar Mestre, Esq. on behalf of ARB Homes, LLC 2 HIALEAH PLANNING AND ZONING BOARD MEETING- DECEMBER 11 TH, 2019 9. Rezoning from R-1 (One-Family District) to R-2 (One- and Two-Family Residential District) and variance permit to allow a duplex on a substandard lot with frontage of 60 feet, where 75 feet is the minimum required and allow 2.10 feet interior west side setback for an existing 104 square feet accessory building, where 6 feet are required. Property located at 851 East 14th Place, Hialeah, zoned R-1 (One-Family District). Applicant: Monique A. Salazar on behalf of Marta Salazar 10. Conditional Use Permit to allow the expansion of an existing non-conforming church including a patronage building; and variance permit to allow 25 feet front setback for patronage building, where 5 feet are required; allow 3 parking spaces backing out in the front setback, where parking in the front setback and back out parking is not allowed; allow 14 feet front setback for church building, where 10 feet are required; allow 0 feet interior side setback, where 5 feet are required and allow 9 parking spaces, where 77 parking spaces are required and allow 8.5% pervious area, where 30% pervious area is required. Property located at 16-26 East 7th Street, Hialeah, zoned R-3-D (Multifamily District) and CR (Commercial Residential). Applicant: Primera Iglesia Bautista Libre de Hialeah, Inc. MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 11. TENTATIVE PLAT OF RIRC SUBDIVISION 12. Old Business. 13. 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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