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Planning & Zoning Board

Regular Meeting

Hialeah, FL · October 28, 2020

AgendaMinutes

Minutes

CITY OF HIALEAH SPECIAL PLANNING AND ZONING BOARD VIRTUAL MEETING 2020 LAND USE MAP AMENDMENTS TO THE COMPRENHENSIVE PLAN October 28th, 2020 Summary Agenda- Minutes HIALEAH CITY HALL 6:00 P.M. 501 PALM AVENUE-3RD FLOOR HIALEAH Call to order. Invocation and pledge of allegiance MEETING GUIDELINES The following guidelines, which apply to today’s Planning and Zoning Board Meeting, have been set by Mayor Carlos Hernandez through the execution of an Order on Emergency Public Meeting Guidelines and Procedures Using Communications Media Technology In Response To COVID- 19:  Pursuant to emergency management powers as set forth in F.S. §§252.31-252.90, Governor Ron DeSantis issued Executive Order 20-69 on March 20, 2020, as amended, suspending the “Florida’s Government in Sunshine Laws” requirement that a quorum of the legislative body holding a public meeting be met in-person and the meeting be held at a physical location accessible to the public for the duration of the State’s Declaration of Emergency issued on March 9, 2020 as a result of the COVID- 19 pandemic affecting the State of Florida. Executive Order 20-69 allows local governments to use communications media technology to hold public meetings during the public health emergency as a result of COVID-19, in order to protect the health, welfare and safety of the public, including public officials, from being exposed to COVID-19 and meet the requirements of the Sunshine Law.  The following Procedures for Virtual Public Meetings of the Planning and Zoning Board using Communications Media Technology in Response to COVID-19 have been adopted as minimum procedures for all emergency public meetings of the Planning and Zoning board of the City of Hialeah effective the execution of Order on Emergency Public Meeting Guidelines and Procedures using Communications Media Technology in Response to COVID19, signed by Mayor Carlos Hernandez on April 8, 2020.  The virtual public meeting shall be broadcast live for members of the public to view on the City’s Facebook page. A Facebook account is not required in order to view this virtual public meeting. In addition, members of the public may hear the meeting live through telephonic conferencing. You can join the meeting via telephonic conferencing using any telephone or cellular phone service. A smart device or computer are not necessary to participate in the meeting if you join by phone.  Members of the public wishing to participate in the virtual public meeting will be able 1 HIALEAH PLANNING AND ZONING SPECIAL VIRTUAL BOARD MEETING- OCTOBER 28 TH, 2020 to participate by registering with the Planning and Zoning Division. To speak on an item a Public Speaker Registration Card must be submitted. The deadline to register for public participation in the meeting is 3:00 p.m., Tuesday, October 27th, 2020.  Members of the public may participate by submitting the Public Speaker Registration Card with comments or questions by email to yirodriguez@hialeahfl.gov prior to the meeting taking place. The Public Speaker Registration Card must be e-mailed in advance and must be received no later than 3:00 p.m. on Tuesday, October 27th, 2020. Public Speaker Registration Cards with comments and questions received by the deadline will be read into the record.  Participants are reminded to maintain decorum in their comments and appearance throughout their participation as the whole meeting will be recorded and published on the City’s Facebook page and retained pursuant to the Florida Public Records Law.  If during the course of the meeting, technical problems develop with the communications network that prevent interested persons from attending, the meeting shall be adjourned until the problems have been corrected. 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. Roll Call. Present: Mr. D. Perez, Mr. Rodriguez, Mr. Iglesias, Mr. O. Perez, Mr. Horgan Absent: Mr. Casanova ADMINISTRATION OF OATH TO ALL APPLICANTS AND ANYONE WHO WILL BE SPEAKING BEFORE THE BOARD ON ANY ITEM. 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 10TH, 2020. LU-1. Small Scale Amendment from Low Density Residential to Medium Density Residential. Property located at 410 East 47th Street and 4655 East 4th Avenue, Hialeah zoned R-1 (One-family District). Applicant: Ceasar Mestre, Esq. Planner’s recommendation: Approval Motion to Approve: Mr. O. Perez; Second: Mr. Iglesias 2 HIALEAH PLANNING AND ZONING SPECIAL VIRTUAL BOARD MEETING- OCTOBER 28 TH, 2020 Motion Approved: 4-1-1 with board member Mr. Rodriguez voting NO and board member Mr. Casanova absent. Item approved LU-2. Small Scale Amendment from Low Density Residential to Medium Density Residential. Property located at 2901 East 5th Avenue, Hialeah, zoned R-1 (One-Family District). Applicant: Ceasar Mestre, Esq. ITEM WITHDRAWN NO ACTION LU-3. Small Scale Amendment from Low Density Residential to Commercial. Property located at 782 East 37th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Ceasar Mestre, Esq. ITEM WITHDRAWN NO ACTION LU-4. Small Scale Amendment from Residential Office to Commercial. Property located at 1410 West 68th Street, Hialeah, zoned RO (Residential Office). Applicant: Jose A. Mendigutia Planner’s recommendation: Approval Motion to Approve: Mr. Iglesias; Second: Mr. Rodriguez Motion Approved: 5-0-1 with board member Mr. Casanova absent. Item approved LU-5. Small Scale Amendment from Residential Office to Commercial. Property located at 3581 East 4th Avenue, Hialeah, zoned R-1 (One-Family District). Applicant: Kenny Niebla Planner’s recommendation: Approval Motion to Approve: Mr. Iglesias; Second: Mr. O. Perez Motion Approved: 5-0-1 with board member Mr. Casanova absent. Item approved LU-6. Small Scale Amendment from Transit Oriented Development District to Industrial. Property located at 1101 East 33rd Street, Hialeah, zoned M-1 (Industrial District). Applicant: Jorge L. Navarro, Esq. Planner’s recommendation: Approval Motion to Approve: Mr. Iglesias; Second: Mr. O. Perez Motion Approved: 5-0-1 with board member Mr. Casanova absent. Item approved LU-7. Small Scale Amendment from Low Density Residential to Commercial. Property located at 390 West 50th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Felix M. Lasarte, Esq. ITEM WITHDRAWN NO ACTION 3 HIALEAH PLANNING AND ZONING SPECIAL VIRTUAL BOARD MEETING- OCTOBER 28 TH, 2020 LU-8. Small Scale Amendment from Transit Oriented Development District to Industrial. Property located at 4800 NW 37th Avenue, Hialeah, zoned TOD (Transit Oriented Development District). Applicant: Felix M. Lasarte, Esq. Planner’s recommendation: Approval Motion to Approve: Mr. Iglesias; Second: Mr. Rodriguez Motion Approved: 5-0-1 with board member Mr. Casanova absent. Item approved MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 9. Old Business. None. 10. New Business. Planning and Zoning Director, Debora Storch announced that the next Planning and Zoning board meeting will be held in person with social distancing procedures. Planning and Zoning Director, Debora Storch asked the board members if they want to keep the meetings at 6:00PM or prefer to hold them at 7:00PM. All members of the board agreed to start the Planning and Zoning board meetings at 6:00PM moving forward. 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. NEXT PLANNING AND ZONING BOARD MEETING: WEDNESDAY, NOVEMBER 18TH, 2020 AT 6:00 P.M. 4

Agenda

CITY OF HIALEAH SPECIAL PLANNING AND ZONING BOARD VIRTUAL MEETING 2020 LAND USE MAP AMENDMENTS TO THE COMPRENHENSIVE PLAN October 28th, 2020 Agenda HIALEAH CITY HALL 6:00 P.M. 501 PALM AVENUE-3RD FLOOR HIALEAH Call to order. Invocation and pledge of allegiance MEETING GUIDELINES The following guidelines, which apply to today’s Planning and Zoning Board Meeting, have been set by Mayor Carlos Hernandez through the execution of an Order on Emergency Public Meeting Guidelines and Procedures Using Communications Media Technology In Response To COVID- 19:  Pursuant to emergency management powers as set forth in F.S. §§252.31-252.90, Governor Ron DeSantis issued Executive Order 20-69 on March 20, 2020, as amended, suspending the “Florida’s Government in Sunshine Laws” requirement that a quorum of the legislative body holding a public meeting be met in-person and the meeting be held at a physical location accessible to the public for the duration of the State’s Declaration of Emergency issued on March 9, 2020 as a result of the COVID- 19 pandemic affecting the State of Florida. Executive Order 20-69 allows local governments to use communications media technology to hold public meetings during the public health emergency as a result of COVID-19, in order to protect the health, welfare and safety of the public, including public officials, from being exposed to COVID-19 and meet the requirements of the Sunshine Law.  The following Procedures for Virtual Public Meetings of the Planning and Zoning Board using Communications Media Technology in Response to COVID-19 have been adopted as minimum procedures for all emergency public meetings of the Planning and Zoning board of the City of Hialeah effective the execution of Order on Emergency Public Meeting Guidelines and Procedures using Communications Media Technology in Response to COVID19, signed by Mayor Carlos Hernandez on April 8, 2020.  The virtual public meeting shall be broadcast live for members of the public to view on the City’s Facebook page. A Facebook account is not required in order to view this virtual public meeting. In addition, members of the public may hear the meeting live through telephonic conferencing. You can join the meeting via telephonic conferencing using any telephone or cellular phone service. A smart device or computer are not necessary to participate in the meeting if you join by phone.  Members of the public wishing to participate in the virtual public meeting will be able 1 HIALEAH PLANNING AND ZONING SPECIAL VIRTUAL BOARD MEETING- OCTOBER 28 TH, 2020 to participate by registering with the Planning and Zoning Division. To speak on an item a Public Speaker Registration Card must be submitted. The deadline to register for public participation in the meeting is 3:00 p.m., Tuesday, October 27th, 2020.  Members of the public may participate by submitting the Public Speaker Registration Card with comments or questions by email to yirodriguez@hialeahfl.gov prior to the meeting taking place. The Public Speaker Registration Card must be e-mailed in advance and must be received no later than 3:00 p.m. on Tuesday, October 27th, 2020. Public Speaker Registration Cards with comments and questions received by the deadline will be read into the record.  Participants are reminded to maintain decorum in their comments and appearance throughout their participation as the whole meeting will be recorded and published on the City’s Facebook page and retained pursuant to the Florida Public Records Law.  If during the course of the meeting, technical problems develop with the communications network that prevent interested persons from attending, the meeting shall be adjourned until the problems have been corrected. 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. Roll Call. ADMINISTRATION OF OATH TO ALL APPLICANTS AND ANYONE WHO WILL BE SPEAKING BEFORE THE BOARD ON ANY ITEM. 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 VIRTUAL MEETING OF TUESDAY, NOVEMBER 10TH, 2020. LU-1. Small Scale Amendment from Low Density Residential to Medium Density Residential. Property located at 410 East 47th Street and 4655 East 4th Avenue, Hialeah zoned R-1 (One-family District). Applicant: Ceasar Mestre, Esq. LU-2. Small Scale Amendment from Low Density Residential to Medium Density Residential. Property located at 2901 East 5th Avenue, Hialeah, zoned R-1 (One-Family District). Applicant: Ceasar Mestre, Esq. 2 HIALEAH PLANNING AND ZONING SPECIAL VIRTUAL BOARD MEETING- OCTOBER 28 TH, 2020 ITEM WITHDRAWN LU-3. Small Scale Amendment from Low Density Residential to Commercial. Property located at 782 East 37th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Ceasar Mestre, Esq. ITEM WITHDRAWN LU-4. Small Scale Amendment from Residential Office to Commercial. Property located at 1410 West 68th Street, Hialeah, zoned RO (Residential Office). Applicant: Jose A. Mendigutia LU-5. Small Scale Amendment from Residential Office to Commercial. Property located at 3581 East 4th Avenue, Hialeah, zoned R-1 (One-Family District). Applicant: Kenny Niebla LU-6. Small Scale Amendment from Transit Oriented Development District to Industrial. Property located at 1101 East 33rd Street, Hialeah, zoned M-1 (Industrial District). Applicant: Jorge L. Navarro, Esq. LU-7. Small Scale Amendment from Low Density Residential to Commercial. Property located at 390 West 50th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Felix M. Lasarte, Esq. ITEM WITHDRAWN LU-8. Small Scale Amendment from Transit Oriented Development District to Industrial. Property located at 4800 NW 37th Avenue, Hialeah, zoned TOD (Transit Oriented Development District). Applicant: Felix M. Lasarte, Esq. MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 9. Old Business. 10. 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. NEXT PLANNING AND ZONING BOARD MEETING: WEDNESDAY, NOVEMBER 18TH, 2020 AT 6:00 P.M. 3 HIALEAH PLANNING AND ZONING SPECIAL VIRTUAL BOARD MEETING- OCTOBER 28 TH, 2020 CITY OF HIALEAH ADDITIONAL NOTICE OF SPECIAL PLANNING AND ZONING BOARD VIRTUAL MEETING 2020 LAND USE MAP AMENDMENTS TO THE COMPRENHENSIVE PLAN Notice is hereby given that the Planning and Zoning Board of the City of Hialeah will hold a VIRTUAL Special Public Meeting at 6:00 p.m. on Wednesday, October 28th, 2020. The agenda for this Special Meeting will be available to the public on the City’s website and can be accessed at: http://www.hialeahfl.gov/AgendaCenter. The Planning and Zoning Division can also email a copy of the agenda to anyone who requests a copy by telephone at (305) 883-8075 or by email at yirodriguez@hialeahfl.gov. As a result of the public health emergency caused by Coronavirus (COVID-19), the restrictions on person-to-person contact, social distancing guidelines, and stay- at-home orders to stop the spread of COVID-19 promulgated by national, state, local authorities and as authorized by Governor Ronald DeSantis’s Executive Order 20-69 (March 20, 2020) as amended, this Special Public Meeting will be held utilizing communications media technology, including video and telephonic conferencing. This virtual public meeting will be broadcast live for members of the public to view on the City’s Facebook page (@CityofHialeah). A link to the City’s Facebook page can be found on the City’s website at www.hialeahfl.gov. In addition, members of the public may hear the meeting live through telephonic conferencing. One tap mobile: Meeting ID: 964 8263 8995 +17866351003,,96482638995# US (Miami) +12678310333,,96482638995# US (Philadelphia) 4 HIALEAH PLANNING AND ZONING SPECIAL VIRTUAL BOARD MEETING- OCTOBER 28 TH, 2020 Dial by your Location: Meeting ID: 964 8263 8995 The telephone conference dial-in numbers are: +1 646 518 9805 US (New York) +1 651 372 8299 US (St. Paul) +1 786 635 1003 US (Miami) +1 267 831 0333 US (Philadelphia) Find your local number: https://hialeahfl.zoom.us/u/aegcz1bD2D Participation through Zoom: https://hialeahfl.zoom.us/j/96482638995 Closed captioning for this meeting in English and Spanish can be found at: bit.ly/COHPZ Those members of the public wishing to participate in the virtual public meeting by making comments or asking questions may do so by electing to join the meeting live on the Zoom platform. Members of the public wishing to participate in the virtual public meeting will be able to participate by registering with the Planning and Zoning Division. To speak on an item a Public Speaker Registration Card must be submitted. The deadline to register for public participation in the meeting is 3:00 p.m., Tuesday, October 27th, 2020. Members of the public may also participate by submitting the Public Speaker Registration Card with comments or questions by email to yirodriguez@hialeahfl.gov prior to the meeting taking place. The Public Speaker Registration Card must be e-mailed in advance of the meeting by e-mail message must be received no later than 3:00 p.m. on Tuesday, October 27th, 2020. Public Speaker Registration Cards with comments and questions received by the deadline will be read into the record. Please refer to the meeting guidelines and procedures for this virtual special public meeting for detailed instructions and other information on how to provide public comments or participate in the meeting using any of the options described in this Notice available on the City’s website at www.hialeahfl.gov.To speak on an item the Public Speaker Registration Card must be submitted. The Planning and Zoning Division can also email a copy of the meeting guidelines and procedures to anyone 5 HIALEAH PLANNING AND ZONING SPECIAL VIRTUAL BOARD MEETING- OCTOBER 28 TH, 2020 who requests a copy by telephone at (305) 883-8075 or by email atyirodriguez@hialeahfl.gov. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodations to participate in the proceeding should contact the Office of the City Clerk at (305) 883-5820 for assistance no later than two (2) days prior to the proceeding; if hearing impaired, you may telephone the Florida Relay Service at (800) 955-8771 (TDD), (877) 955-8773 (Spanish) or (800) 955-8770 (Voice). 6

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