Planning & Zoning Board

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING May 26th, 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:  Any person, whether participating via the web platform, telephonic conferencing or physical presence at City Hall, interested in making comments or posing questions on any item on the agenda, may do so during the meeting.  Members of the public may hear the meeting live through 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.  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 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. Ulloa, Mr. Gamon & Mr. Iglesias Absent: Mr. O. Perez 2. Approval of Planning and Zoning Board Summary Agenda of May 12th, 2021 as submitted. Motion to Approve: Mr. Casanova; Second: Mr. Iglesias Motion Approved: 6-0-1 with board member Mr. O. Perez absent. 1  HIALEAH SPECIAL PLANNING AND ZONING BOARD MEETING- MAY 26 TH, 2021 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. RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA EXPRESSING ITS INTENT TO APPROVE AND ADOPT A TEXT AMENDMENT TO THE FUTURE LAND USE ELEMENT OF THE CITY OF HIALEAH COMPREHENSIVE PLAN TO ALLOW MULTIFAMILY RESIDENTIAL USES ON PROPERTIES WITH INDUSTRIAL LAND USE CLASSIFICATION THAT ARE LOCATED WITHIN A QUARTER MILE OF PROPERTIES WITH MIXED USE HIALEAH HEIGHTS LAND USE CLASSIFICATION. Motion to Approve: Mr. Casanova & Mr. Iglesias; Second: Mr. Ulloa Motion Approved: 6-0-1 with board member Mr. O. Perez absent. Item approved 4. 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. TABLED ITEM FROM MAY 12TH, 2021 MEETING Planner’s recommendation: Approve with conditions Motion to Remove Item from Tabled: Mr. Casanova; Second: Mr. Iglesias Motion Approved: 6-0-1 with board member Mr. O. Perez absent. Item removed from tabled 2  HIALEAH SPECIAL PLANNING AND ZONING BOARD MEETING- MAY 26 TH, 2021 Motion to Approve with Conditions: Mr. Ulloa; Second: Mr. Casanova Motion Approved: 6-0-1 with board member Mr. O. Perez absent. Item approved with the conditions that 1) a concrete wall of 8 feet or taller along the west property line, 2) a continuous landscape buffer along the exterior side of the sidewalk on West 142nd Street and on NW 102nd Avenue, 3) pedestrian gates with a separation of no more than 165 feet between gates along the exterior perimeter of the site and 4) a traffic impact analysis concurrent with the site plan review submittal. 5. 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. TABLED ITEM FROM MAY 12TH, 2021 MEETING Planner’s recommendation: Approve with conditions Motion to Remove Item from Tabled: Mr. Casanova; Second: Mr. Iglesias Motion Approved: 6-0-1 with board member Mr. O. Perez absent. Item removed from tabled Motion to Approve with Conditions: Mr. Ulloa; Second: Mr. Casanova Motion Approved: 6-0-1 with board member Mr. O. Perez absent. Item approved with the conditions that 1) concrete walls of 8 feet or taller along the east and west property lines, 2) a continuous and landscape buffer along the exterior side of the sidewalk on West 142nd Street, 3) pedestrian gates with a separation of no more than 165 feet between gates along the south and north sides of the site and 4) a traffic impact analysis concurrent with the site plan review submittal. 6. Rezoning property from R-1 (One-Family District) to TOD (Transit Oriented Development District). Property located at 879 East 24th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Ceasar Mestre, Esq. Planner’s recommendation: Approval Motion to Approve: Mr. Ulloa; Second: Mr. Casanova Motion Approved: 6-0-1 with board member Mr. O. Perez absent. Item approved 7. Rezoning property from R-1 (One-Family District) to TOD (Transit Oriented Development District). Property located at 909 East 24th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Ceasar Mestre, Esq. Planner’s recommendation: Approval 3  HIALEAH SPECIAL PLANNING AND ZONING BOARD MEETING- MAY 26 TH, 2021 Motion to Approve: Mr. Casanova; Second: Mr. Iglesias Motion Approved: 6-0-1 with board member Mr. O. Perez absent. Item approved 8. Rezoning property from R-1 (One-Family District) to TOD (Transit Oriented Development District). Property located at 1091 East 17th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Ceasar Mestre, Esq. Planner’s recommendation: Approval Motion to Approve: Mr. Ulloa; Second: Mr. Iglesias Motion Approved: 6-0-1 with board member Mr. O. Perez absent. Item approved 9. Special Use Permit (SUP) to allow an elementary school on property zoned RO (Residential Office District), where schools are not a permitted use in the RO district; Conditional Use Permit (CUP) to allow a K-5th grade school with a maximum enrollment of 80 students; Variance permit to allow an 11 feet two-way driveway, where 22 feet are required, allow 9 parking spaces where 14 parking spaces are required and allow 1 parking space located at the front of the property where parking shall be located at the rear of the building. Property located at 240 Hialeah Drive, Hialeah, zoned RO (Residential Office District). Applicant: Ceasar Mestre, Esq. Planner’s recommendation: Denial Motion to Table: Mr. Casanova; Second: Mr. Ulloa & Mr. Iglesias Motion Approved: 6-0-1 with board member Mr. O. Perez absent. Item tabled 10. ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, AMENDING CHAPTER 98, DIVISION 33 “NBD NEIGHBORHOOD BUSINESS DISTRICT” OF THE CODE OF ORDINANCES OF THE CITY OF HIALEAH, FL TO INCLUDE “WORKFORCE HOUSING PROGRAM”; PROVIDING FOR PURPOSE AND DEFINITIONS; PROVIDING FOR INCENTIVES FOR THE DEVELOPMENT OF WORKFORCE HOUSING IN THE CITY; A WORKFORCE HOUSING PLAN FOR ONSITE UNITS; WORKFORCE HOUSING RESTRICTIVE COVENANT AGREEMENT; 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. Motion to Approve: Mr. Iglesias; Second: Mr. Casanova Motion Approved: 6-0-1 with board member Mr. O. Perez absent. Item approved 4  HIALEAH SPECIAL PLANNING AND ZONING BOARD MEETING- MAY 26 TH, 2021 11. AN ORDINANCE AMENDING AND CONSOLIDATING CERTAIN PROVISIONS OF THE CITY OF HIALEAH CODE OF ORDINANCES RELATED TO IMPACT FEES, SPECIFICALLY CHAPTER 98, ARTICLE VIII ENTITLED PARK, RECREATION AND OPEN SPACE IMPACT FEE AND CHAPTER 98, ARTICLE IX ENTITLED FIRE RESCUE IMPACT FEE; PROVIDING FOR UNIFORMITY AND CONSISTENCY OF IMPACT FEE ADMINISTRATION AND PROCEDURES; PROVIDING FOR REORGANIZATION, REVISIONS, ADDITIONS AND DELETIONS TO EFFECTUATE CONSOLIDATION OF IMPACT FEE CODE PROVISIONS; ADOPTING AN UPDATED SCHEDULE OF PARK, RECREATION AND OPEN SPACE IMPACT FEES; ADOPTING AN UPDATED SCHEDULE OF FIRE RESCUE IMPACT FEES; PROVIDING FOR THE IMPOSITION OF POLICE IMPACT FEES; PROVIDING DEFINITIONS, RULES OF CONSTRUCTION AND FINDINGS; ADOPTING A SCHEDULE OF POLICE IMPACT FEES AND CLASSIFYING USES OF PROPERTY SUBJECT TO SUCH IMPACT FEES; PROVIDING FOR THE USE OF POLICE IMPACT FEE MONIES COLLECTED; PROVIDING FOR THE IMPOSITION OF TRANSPORTATION IMPACT FEES; ADOPTING A SCHEDULE OF TRANSPORTATION IMPACT FEES AND CLASSIFYING USES OF PROPERTY SUBJECT TO SUCH IMPACT FEES; PROVIDING FOR THE USE OF TRANSPORTATION IMPACT FEE MONIES COLLECTED; PROVIDING FOR EXEMPTIONS IN CONNECTION WITH IMPACT FEES; PROVIDING FOR THE CALCULATION OF ALTERNATIVE IMPACT FEES; PROVIDING FOR CHANGES OF SIZE AND USE; PROVIDING FOR PAYMENT AND COLLECTION OF IMPACT FEES; PROVIDING AN ALTERNATIVE COLLECTION METHOD FOR IMPACT FEES; PROVIDING FOR IMPACT FEE CREDITS; REQUIRING PERIODIC REVIEW OF IMPACT FEE STUDIES AND THIS ORDINANCE; DECLARATION OF EXCLUSION FROM THE ADMINISTRATIVE PROCEDURE ACT; RENUMBERING CERTAIN SECTIONS OF CHAPTER 98 TO CONFORM TO THE AMENDMENTS ADOPTED HEREIN; PROVIDING FOR NOTICE OF THE UPDATED SCHEDULE OF PARK, RECREATION AND OPEN SPACE IMPACT FEE AND FIRE RESCUE IMPACT FEE AND FOR THE IMPOSITION OF POLICE IMPACT FEES AND TRANSPORTATION IMPACT FEES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Motion to Approve: Mr. Ulloa; Second: Mr. Iglesias Motion Approved: 6-0-1 with board member Mr. O. Perez absent. Item approved MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 12. Old Business. None. 13. New Business. Planning and Zoning Director, Debora Storch announced that on June 9th, 2021, only Land Use Amendment applications will be heard by the 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 5  HIALEAH SPECIAL PLANNING AND ZONING BOARD MEETING- MAY 26 TH, 2021 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, JUNE 9TH, 2021 AT 6:00 P.M. 6