Planning & Zoning Board

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING June 23rd, 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. Casanova, Mr. D. Perez, Mr. O. Perez, Mr. Ulloa, Mr. Iglesias & Mr. Gamon Absent: Mr. Horgan 2. Approval of Planning and Zoning Board Summary Agendas of May 26th, 2021 and June 9th, 2021 as submitted. Motion to Approve: Mr. Casanova; Second: Mr. Iglesias Motion Approved: 6-0-1 with board member Mr. Horgan absent. 1  HIALEAH SPECIAL PLANNING AND ZONING BOARD MEETING- JUNE 23 RD, 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, JULY 13TH, 2021. 3. Rezoning properties 821 and 831 SE 8th Avenue from R-1 (One-Family District) to B-1 (Highly Restricted Retail District) and property located at 820 SE 8th Court from R-1 (One-Family District) to P (Parking). Variance permit to allow a mixed development with 100% of the units having an area of approximately 650 square feet, where only 10% of the units may have an area of less than 850 square feet; allow interior south side setback of 0 feet and 5 feet, and 5 feet rear setback, where 15 feet setback is required on property lines abutting low density residential; allow 40 parking spaces, where 70 are required and allow 15% pervious area, where 30% is required. Properties located at 821 and 831 SE 8th Avenue and 820 SE 8th Court, Hialeah, zoned R-1 (One-Family District). Applicant: Alejandro J. Arias, Esq. Planner’s recommendation: Approval *REPORT: Robert Gewanther, 794 SE 8th Street, Hialeah, addressed the Planning and Zoning Board in opposition to the approval of this item. *REPORT: Carmen Hertsch, 830 SE 8th Court, Hialeah, addressed the Planning and Zoning Board in opposition to the approval of this item. *REPORT: Carlos Martinez, 841 SE 8th Court, Hialeah, addressed the Planning and Zoning Board in opposition to the approval of this item. Motion to Table Item: Mr. Ulloa; Second: Mr. O. Perez Motion Denied: 2-4-1 with board members Mr. Gamon, Mr. Iglesias, Mr. Casanova & Mr. D. Perez voting NO and Mr. Horgan absent. Motion denied Motion to Approve: Mr. Iglesias; Second: Mr. Casanova Motion Approved: 6-0-1 with board member Mr. Horgan absent. 2  HIALEAH SPECIAL PLANNING AND ZONING BOARD MEETING- JUNE 23 RD, 2021 Item approved 4. Conditional Use Permit (CUP) to allow a K-12th Charter School with a maximum capacity of 2,950 students. Property generally located at the southwest corner of East 32nd Street and East 4th Avenue, Hialeah, zoned C-1 (Restricted Retail Commercial District) HPD (Hialeah Park District). Appplicant: Javier L. Vazquez, Esq. Planner’s recommendation: Approval *REPORT: Milagros Herrera, 4341 East 8th Lane, Hialeah, addressed the Planning and Zoning Board in opposition to the approval of this item. *REPORT: Juan Santana, 5601 West 10th Avenue, Hialeah, addressed the Planning and Zoning Board in opposition to the approval of this item. Motion to Approve: Mr. O. Perez; Second: Mr. Ulloa & Mr. Iglesias Motion Approved: 5-1-1 with board member Mr. Gamon voting NO and Mr. Horgan absent. Item approved 5. 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; CREATING SECTION 98-350 UNITY OF TITLE; COVENANT IN LIEU THEREOF FOR HPD HIALEAH PARK DISTRICT, OF THE CODE OF ORDINANCES OF THE CITY OF HIALEAH, BY ADDING AN 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 PARCEL BE ACCOMPANIED BY A UNITY OF TITLE OR DECLARATION OF RESTRICTIVE COVENANTS; PROVIDING THAT SUCH EXCEPTION IS SUBJECT TO THE SUBDIVISION PROVISIONS OF CHAPTER 28 OF THE MIAMI-DADE COUNTY CODE; 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 6. 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 CLARIFYING THAT THE EXCEPTION TO THE SUBDIVISION OF PLAT REQUIREMENT FOR THE BDH BUSINESS DEVELOPMENT DISTRICT, IS SUBJECT TO COMPLIANCE WITH THE SUBDIVISION PROVISIONS OF CHAPTER 28 OF THE MIAMI-DADE 3  HIALEAH SPECIAL PLANNING AND ZONING BOARD MEETING- JUNE 23 RD, 2021 COUNTY CODE; 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. Casanova; Second: Mr. O. Perez Motion Approved: 6-0-1 with board member Mr. Horgan absent. Item approved MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 7. Old Business. None. 8. New Business. None. 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, JULY 21ST, 2021 AT 6:00 P.M. 4