Planning & Zoning Board

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING April 28th, 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 28 TH, 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 27th, 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. O. Perez, Mr. Rodriguez, & Mr. Iglesias Absent: Mr. Casanova 2. Approval of Planning and Zoning Board Summary Agendas of April 14th, 2021 as submitted. Motion to Approve: Mr. O. Perez; Second: Mr. Iglesias Motion Approved: 5-0-1 with board member Mr. Casanova 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 THE CITY CLERK’S OFFICE TO OBTAIN A COPY OF THE FINAL DECISION AND 2  HIALEAH SPECIAL PLANNING AND ZONING BOARD MEETING- APRIL 28 TH, 2021 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 25TH, 2021. 3. Final decision to allow interior west side setback of 3.80 feet, where 6.4 feet is the minimum required and 6 feet distance separation from main house 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: Approve with conditions. Motion to Approve with Conditions: Mr. O. Perez; Second: Mr. Iglesias Motion Approved: 5-0-1 with board member Mr. Casanova absent. FINAL DECISION NO. 2021-06 Item approved with the condition that the two side doors on the east side of the house be eliminated and that the opening connecting the Florida Room to the east side of the house be enlarged to have a minimum width of 6 feet. 4. Final decision to allow rear setback of 15 feet, where 20 feet is the minimum required for an existing addition to be legalized. Property located at 914 West 69th Place, Hialeah, zoned R-1 (One-Family District). Appplicant: Moises Correa Planner’s recommendation: Approve adjustment request with the condition that the garage will remain as a single space with a garage door and only one exterior side door. Motion to Approve with Conditions: Mr. Rodriguez; Second: Mr. Iglesias Motion Approved: 5-0-1 with board member Mr. Casanova absent. FINAL DECISION NO. 2021-07 Item approved with the condition that the garage will remain as a single space with a garage door and only one exterior side door. 5. Final decision to allow rear setback of 16.4 feet, where 20 feet is the minimum required for an existing terrace to be legalized. Property located at 5891 East 6th Avenue, Hialeah, zoned R-1 (One-Family District). Applicant: Yusimi Del Carmen Cintra Planner’s recommendation: Withdraw to be re-advertised. NO ACTION 3  HIALEAH SPECIAL PLANNING AND ZONING BOARD MEETING- APRIL 28 TH, 2021 6. Final decision to allow 5.25 feet street side setback for addition to be legalized and allow 11.83 feet street side setback for accessory building to be legalized, where 15 feet is the minimum required and allow 7 feet distance separation between the main house and accessory building, where 10 feet is the minimum required. Property located at 902 East 31st Street, Hialeah, zoned R-1 (One-Family District). Applicant: Elicer Lorenzo Planner’s recommendation: Approve with conditions. Motion to Approve with Conditions: Mr. Rodriguez; Second: Mr. Iglesias Motion Approved: 5-0-1 with board member Mr. Casanova absent. FINAL DECISION NO. 2021-08 Item approved with the condition that the terrace remains open on three sides, that the side door on the east side of the house is eliminated and that the legalization process 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, MAY 11TH, 2021. 7. Rezoning property from C-1 (Restricted Retail Commercial District) to C-2 (Liberal Retail Commercial District). Property located at 3060 West 12th Avenue, Hialeah, zoned C-1 (Restricted Retail Commercial District). Applicant: Armando L. Suarez Planner’s recommendation: Approve with conditions. Motion to Approve with Conditions: Mr. O. Perez; Second: Mr. Iglesias Motion Approved: 5-0-1 with board member Mr. Casanova absent. Item approved with the condition that the applicant changes the fence on the south side of the property from the existing run down chain link fence to a modern aluminum fence. MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 8. Old Business. None. 9. New Business. Board member Mr. Rodriguez announced that it was his last meeting as an appointee for the Planning and Zoning Board. 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, MAY 12TH, 2021 AT 6:00 P.M. 4