Planning & Zoning Board

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING May 12th, 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:  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 was made through the execution of Executive Order 21-101 (April 27, 2021).  Notwithstanding the continuing statewide threat of COVID-19 to the health, safety and welfare of our citizens, Governor Ron DeSantis issued Executive Orders 21-101 and 21- 102, issued specifically to suspend any ordinance, emergency order, or resolution adopted by local governments in response to COVID-19 that restrict the rights or liberties of individuals on May 3, 2021. In response to the Governor’s Executive Orders and until the Mayor and City Council adopt meeting procedures for the conduct of public meetings as allowed by law, all public meetings of any deliberative body of the City of Hialeah must comply with the in-person quorum requirement of the Sunshine Law and will allow those members of the public wishing to attend public meetings in person to do so.  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. Any person, not appearing in person, interested in making comments or posing questions on any item on the agenda may do so prior to the meeting taking place by email to yirodriguez@hialeahfl.gov by 3:00 p.m. on Tuesday, May 11th, 2021.  All persons participating via the web platform 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. ALL LOBBYISTS MUST REGISTER WITH THE PLANNING AND ZONING BOARD PRIOR TO ITEM BEING HEARD 1  HIALEAH SPECIAL PLANNING AND ZONING BOARD MEETING- MAY 12 TH, 2021 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. Ulloa, & Mr. Gamon Absent: Mr. Casanova & Mr. Iglesias 2. Approval of Planning and Zoning Board Summary Agenda of April 28th, 2021 as submitted. Motion to Approve: Mr. O. Perez; Second: Mr. Horgan Motion Approved: 5-0-2 with board member Mr. Casanova and Mr. Iglesias 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 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, JUNE 8TH, 2021. 3. Final decision to allow rear setback of 2.8 feet, where 7.5 feet is the minimum required for an accessory building to be legalized; allow rear setback of 12.2 feet, where 20 feet is the minimum required for a terrace to be legalized and allow distance separation of 1.5 feet between the terrace and accessory building, where 10 feet are required. Property located at 3050 West 2nd Avenue, Hialeah, zoned R-1 (One-Family District). Applicant: Victor M. Vazquez and Janet Vazquez Planner’s recommendation: Approve only 12.2 feet rear setback for a 382 square feet terrace open on 3 sides that might include a storage area with the condition that Florida Room west side door is removed, accessory building is removed and the legalization process gets completed within 180 days. Motion to Approve as Recommended: Mr. O. Perez; Second: Mr. Horgan Motion Approved: 5-0-2 with board member Mr. Casanova and Mr. Iglesias absent. FINAL DECISION NO. 2021-09 2  HIALEAH SPECIAL PLANNING AND ZONING BOARD MEETING- MAY 12 TH, 2021 Item approved as recommended and with the conditions that the Florida Room west side door is removed, accessory building is removed and the legalization process gets completed within 180 days. 4. Final decision to allow 5 feet and 7 feet distance separation between main house and existing Tiki-hut . Property located at 660 West 77th Street, Hialeah, zoned R-1 (One- Family District). Appplicant: Eduardo Luis Planner’s recommendation: Approve 5 feet east distance separation and 7 feet north distance separation between an existing Tikki Hut and main house. Motion to Approve: Mr. O. Perez; Second: Mr. Horgan & Mr. Ulloa Motion Approved: 5-0-2 with board member Mr. Casanova and Mr. Iglesias absent. FINAL DECISION NO. 2021-10 Item approved 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. 5. Rezoning property from R-1 (One-Family District) to B-1 (Highly Restricted Retail District). Property located at 183 West 49th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Manny Reus Planner’s recommendation: Approve with conditions. Motion to Approve with Condition: Mr. Ulloa; Second: Mr. O. Perez Motion Approved: 5-0-2 with board member Mr. Casanova and Mr. Iglesias absent. Item approved with the condition that the site is developed in substantial consistency with the site plan prepared by Manny Reus Architect, dated April 7, 2021. 6. Rezoning from AU and GU (Miami-Dade County zoning designations) to RH-CD (Mixed Use Multiple Family District).; and Conditional Use Permit (CUP) to allow a multifamily development including 614 units on property located within a quarter mile radius of the Hialeah Heights Commercial Development District. Property located at 4030 West 88thStreet and 10350 NW 142nd Street (Folio numbers 04-2020-001-0050, 04-2020-001-0061 and 04-2020-001-0060). Applicant: Ceasar Mestre, Esq. Planner’s recommendation: Approve with conditions. Motion to Table Item: Mr. O. Perez; Second: Mr. Ulloa Motion Approved: 5-0-2 with board member Mr. Casanova and Mr. Iglesias absent. Item tabled 3  HIALEAH SPECIAL PLANNING AND ZONING BOARD MEETING- MAY 12 TH, 2021 7. Rezoning from GU (Miami-Dade County zoning designation) to RH-CD (Mixed Use Multiple Family District).; and Conditional Use Permit (CUP) to allow a multifamily development including 303 units on property located within a quarter mile radius of the Hialeah Heights Commercial Development District. Property located at 4200 West 84th Street (Folio numbers 04-2020-001-0080 and 04-2020-001-0100). Applicant: Ceasar Mestre, Esq. Planner’s recommendation: Approve with conditions. Motion to Table Item: Mr. O. Perez; Second: Mr. Ulloa Motion Approved: 5-0-2 with board member Mr. Casanova and Mr. Iglesias absent. Item tabled 8. Special Use Permit (SUP) to allow the expansion of the Neighborhood Business District Overlay. Repeal Section 2 of City of Hialeah Ordinance 2018-053. Variance permit to allow only residential uses where mixed use is required; 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 646 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 5.66 feet for the main building and 2.66 feet for balconies above the ground floor fronting Palm Avenue and allow front setback of 4.25 feet for the main building and 1.25 feet for balconies above the ground floor fronting East 46th Street, where 10 feet built-to-line are required; allow 38 parking spaces, where 67.5 parking spaces are required; allow 15.3% pervious area, where 30% is the minimum required. Property located at 4597-4599 Palm Avenue, Hialeah, zoned R-3-5 (Multiple-Family District). Applicant: Alejandro J. Arias, Esq. on behalf of the Roberto C. Gonzalez Revocable Trust Planner’s recommendation: Approve with conditions. *REPORT: Edward Zaret, 80 East 46th Street, Hialeah, addressed the Planning and Zoning Board in opposition to the approval of this item. *REPORT: Diana Diaz, 40 East 46th Street, Hialeah, addressed the Planning and Zoning Board in opposition to the approval of this item. Motion to Deny: Mr. O. Perez; Second: Mr. Ulloa Motion Approved: 5-0-2 with board member Mr. Casanova and Mr. Iglesias absent. Item denied 9. ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA AMENDING CHAPTER 98 ENTITLED “ZONING”, ARTICLE III. “PLANS AND PLATS”, DIVISION 3. SUBDIVISION PLATS; SECTION 98-349 UNITY OF TITLE; COVENANT IN LIEU THEREOF, OF THE CODE OF ORDINANCES OF THE CITY OF HIALEAH, BY ADDING A NEW EXCEPTION TO THE SUBDIVISION OF PLAT REQUIREMENT FOR THE HPD HIALEAH PARK DISTRICT, PROVIDED THAT ALL APPLICATIONS FOR BUILDING PERMITS WHERE MULTIPLE BUILDINGS ARE PROPOSED FOR A SINGLE SITE OR 4  HIALEAH SPECIAL PLANNING AND ZONING BOARD MEETING- MAY 12 TH, 2021 PARCEL BE ACCOMPANIED BY A UNITY OF TITLE OR DECLARATION OF RESTRICTIVE COVENANTS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WITHDRAWN MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 10. TENTATIVE PLAT OF HAMMER HOLDINGS INC. Planner’s recommendation: Approval Motion to Approve: Mr. O. Perez; Second: Mr. Horgan & Mr. Ulloa Motion Approved: 5-0-2 with board member Mr. Casanova and Mr. Iglesias absent. Item approved 11. Old Business. None. 12. New Business. Planning and Zoning Director, Debora Storch welcomed Mr. Ulloa and Mr. Gamon to 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 26TH, 2021 AT 6:00 P.M. 5