Planning & Zoning Board

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING April 14th, 2021 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 apply to today’s Planning and Zoning Board Meeting:  Pursuant to emergency management powers as set forth in F.S. §§252.31-252.90, Governor Ron DeSantis issued Executive Order 20-69 (March 20, 2020), suspending the “Florida’s Government in the Sunshine Laws” requirement that a quorum of the legislative body holding a public meeting be met in-person and that 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 (Executive Order 20-52) as a result of the COVID-19 pandemic affecting the State of Florida. The nation and the State of Florida remain in a state of emergency. The Governor has extended the declaration every 60 days, as required by law, since the execution of Executive Order 20-52. The latest extension made through the execution of Executive Order 20-276 (November 3, 2020).  Notwithstanding the continuing statewide threat of COVID-19 to the health, safety and welfare of our citizens, Executive Order 20-69, issued specifically to allow local governments to use communications media technology to hold public meetings during the public health emergency, has expired as of 12:01 a.m. November 1, 2020 (Executive Order 20-246). As such, all public meetings in this City of any deliberative body must comply with the in-person quorum requirement of the Sunshine Law. This means, all Planning and Zoning board members must be present in-person.  A limited number of members of the public will be allowed to be present at the location of the meeting considering the physical spacing limitations of the location to observe social distancing. As such, only 15 members of the public will be allowed to attend in person any scheduled meeting of the Planning and Zoning Board held in the Chambers on a first-come-first serve basis. Based upon anticipated in-person attendance of any meeting, the City will provide additional space at City Hall to accommodate the public and provide both viewing and participation capabilities. In addition, all public meetings continue to be broadcast live for members of the public to view on the City’s Facebook page. As an additional alternative, members of the public may hear the meeting live through telephonic conferencing.  Any person of the public wishing to participate via the web platform, telephonic conferencing or physical presence at City Hall, who is interested in making comments or posing questions on any item on the agenda may do so during the meeting. The person 1  HIALEAH SPECIAL PLANNING AND ZONING BOARD MEETING- APRIL 14TH, 2021 interested in joining the meeting to participate for this purpose may register with the Planning and Zoning Division by completing a registration form, providing the information required and submitting the completed form to the Planning and Zoning Division no later than 3:00 p.m. Tuesday, April 13th, 2021. All registered participants will be muted during the meeting until called upon to be heard. Participation through Zoom requires a computer or smart mobile device with a microphone and web camera. The participant may elect to participate in the meeting using audio only or appear through both audio and video. The video function of all participants appearing through video will be turned off until called upon to be heard.  Members of the public must submit the Public Speaker Registration Card with comments or questions by email to yirodriguez@hialeahfl.gov prior to the meeting taking place. 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. 1. Roll Call. Present: Mr. Horgan, Mr. D. Perez, Mr. Casanova, & Mr. Iglesias Absent: Mr. O. Perez & Mr. Rodriguez 2. Approval of Planning and Zoning Board Summary Agenda of March 24th, 2021 as submitted. Motion to Approve: Mr. Casanova; Second: Mr. Iglesias Motion Approved: 4-0-2 with board member Mr. O. Perez and Mr. Rodriguez absent. 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 2  HIALEAH SPECIAL PLANNING AND ZONING BOARD MEETING- APRIL 14TH, 2021 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, MAY 11TH, 2021. 3. Final decision to allow interior west side setback of 3.80 feet, where 6.4 feet is the minimum required for an existing gazebo to be legalized. Property located at 221 West 42nd Street, Hialeah, zoned R-1 (One-Family District). Applicant: Luisa Olea Planner’s recommendation: Withdraw to be re-advertised. NO ACTION 4. Final decision to allow interior west side setback of 2.3 feet, where 7.2 feet is the minimum required for an existing outdoor kitchen and pergola to be legalized. Property located at 155 West 60th Street, Hialeah, zoned R-1 (One-Family District). Appplicant: Yuniel Hernandez Ramos Planner’s recommendation: Denial Motion to Table Item: Mr. Casanova; Second: Mr. Iglesias Motion Approved: 4-0-2 with board member Mr. O. Perez and Mr. Rodriguez absent. Item tabled 5. Final decision to allow interior west side setback of 2 feet, where 6 feet is the minimum required for an existing wooden terrace to be legalized. Property located at 1310 West 35th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Hansel Cervera De Lara Planner’s recommendation: Approve with conditions. Motion to Approve with Conditions: Mr. Casanova; Second: Mr. Iglesias Motion Approved: 4-0-2 with board member Mr. O. Perez and Mr. Rodriguez absent. FINAL DECISION NO. 2021-05 Item approved with the condition that the 253 square feet area’s use is limited to a terrace or carport open on three sides and provided that the complete legalization of the house is completed within 180 days. 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, APRIL 27TH, 2021. 3  HIALEAH SPECIAL PLANNING AND ZONING BOARD MEETING- APRIL 14TH, 2021 6. Rezoning property from R-1 (One-Family District) to R-2 (One-and Two-Family Residential District) and variance permit to allow the construction of a duplex on each substandard lot; allow Lot 30 to have a frontage of 51 feet and total lot area of 6,937.02 square feet, where 75 feet and 7,500 square feet are required; allow Lot 29 to have a frontage of 40 feet and total lot area of 5,440.8 square feet, where 75 feet and 7,500 square feet are required; allow front setback of 25 feet, where 30 feet are required and allow lot coverage of 32.9%, where 30% is the maximum allowed. Property located at 707 East 32nd Street, Hialeah, zoned R-1 (One-Family District). Applicant: Ceasar Mestre, Esq. Planner’s recommendation: Denial TABLED ITEM FROM MARCH 3RD, 2021 MEETING NO ACTION 7. Variance permit to allow the re platting of the property into two substandard lots with frontage of 40 feet and area of 5,400 square feet, where 75 feet and 7,500 square feet is the minimum required. Rezoning from R-1 (One-Family District) to R-2 (One- and Two- Family Residential District) and variance allow the construction of two attached duplexes, one duplex on each substandard lot, and allow the following variances: on interior lot allow 0 feet west side setback, where 7.5 feet are required and on corner lot allow 0 feet east side setback, where 7.5 feet are required and allow 13 feet street side setback, where 15 feet are required. Property located at 302 East 11th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Pedro Acebo Planner’s recommendation: Approval Motion to Approve: Mr. Casanova; Second: Mr. Iglesias Motion Approved: 4-0-2 with board member Mr. O. Perez and Mr. Rodriguez absent. Item approved 8. Rezoning from R-1 (One-Family District) and RO (Residential Office) to R-3-3 (Multifamily District) and Special Use Permit (SUP) to allow the expansion of the Neighborhood Business District Overlay. Variance permit to allow residential use on the ground floor, where residential use is allowed above ground floor level; allow all residential units with an area of approximately 660 square feet, where 850 square feet is the minimum required and only 10% of the units may have an area of 600 square feet; allow front setback of 15 feet for the corner portion of the building, where 10 feet built- to-line are required; allow 47 parking spaces, where 63 parking spaces are required; allow 21.9 % pervious area, where 30% is the minimum required. Property located at 665-673 East 49th Street and Folio No. 04-2132-003-1010, Hialeah, zoned R-1(One-Family District) and RO (Residential Office). Applicant: Alejandro J. Arias, Esq. on behalf of Caribbean Cat Corp. and Jodansi Properties, LLC Planner’s recommendation: Table the Item. Motion to Approve with Conditions: Mr. Iglesias; Second: Mr. Casanova 4  HIALEAH SPECIAL PLANNING AND ZONING BOARD MEETING- APRIL 14TH, 2021 Motion Approved: 4-0-2 with board member Mr. O. Perez and Mr. Rodriguez absent. Item approved subject to solving parking issues as will be recommended by corridor analysis that is under way. MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 9. Old Business. None. 10. New Business. Planning and Zoning Director, Debora Storch invited the board members to pass by Pura Vida on West 16th Avenue and Shoma Village on East 4th Avenue to see the progress. 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, APRIL 28TH, 2021 AT 6:00 P.M. 5