Planning & Zoning Board

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING August 25th, 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. Iglesias, Mr. D. Perez, Mr. O. Perez, Mr. Ulloa, Mr. Gamon & Morrison 2. Approval of Planning and Zoning Board Summary Agenda of August 11th, 2021 as submitted. Motion to Approve: Mr. Casanova; Second: Mr. O. Perez Motion Approved: 7-0 Item approved 1  HIALEAH PLANNING AND ZONING BOARD MEETING- AUGUST 25 TH, 2021 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, SEPTEMBER 28TH, 2021. 3. Final decision to allow interior west side setback of 2.3 feet, where 7.2 feet is the minimum required for an existing pergola to be legalized and to allow a distance separation of 5 feet, where 10 feet is the minimum required between the existing pergola and residence. Property located at 155 West 60th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Yuniel Hernandez Ramos Planner’s recommendation: Approve reduced setback and distance separation for a pergola to be utilized for passive activities. Motion to Approve: Mr. O. Perez; Second: Mr. Casanova & Mr. Iglesias Motion Approved: 7-0 FINAL DECISION NO. 2021-13 4. Final decision to allow interior west side setback of 5.16 feet, where 6 feet is the minimum required for proposed carport enclosure. Property located at 345 East 20th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Maria Quevedo Planner’s recommendation: Approval Motion to Approve: Mr. Casanova; Second: Mr. O. Perez & Mr. Iglesias Motion Approved: 7-0 FINAL DECISION NO. 2021-14 5. Final decision to allow rear setback of 4.11 feet, where 7.5 feet is the minimum for the legalization of an existing accessory building and allow interior west side setback of 2 feet, where 3 feet is the minimum required for an existing shed to be legalized. Property located at 864 West 72nd Street, Hialeah, zoned R-1 (One-Family District). Applicant: Vanessa L. Alvarado Planner’s recommendation: Approve with conditions. 2  HIALEAH PLANNING AND ZONING BOARD MEETING- AUGUST 25 TH, 2021 *REPORT: Juan Santana, 5601 West 10th Avenue, Hialeah, addressed the Planning and Zoning Board in favor to the approval of this item. Motion to Approve with Conditions: Mr. Casanova; Second: Mr. O. Perez Motion Approved: 7-0 FINAL DECISION NO. 2021-15 Item approved with the condition that the legalization gets completed within 18 months and the accessory building is exclusively used for storage and will not include plumbing. 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, SEPTEMBER 14TH, 2021. 6. Proposed amendment of Ordinance 2019-011 to replace the proposed Site Plan and Declaration of Restrictive Covenants proffered in relation to the approval of said ordinance. Property located at 955 East 25th Street, Hialeah, zoned TOD (Transit Oriented Development District). Applicant: Jorge L. Navarro, 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. Motion to Approve: Mr. O. Perez; Second: Mr. Ulloa Motion Approved: 7-0 Item approved 7. Proposed amendment of Ordinance 2019-113 to replace the proposed Site Plan and Declaration of Restrictive Covenants proffered in relation to the approval of said ordinance. Property located at 962, 972 and 980 East 26th Street, Hialeah, zoned TOD (Transit Oriented Development District). Applicant: Jorge L. Navarro, Esq. Planner’s recommendation: Approval Motion to Approve: Mr. Iglesias; Second: Mr. Morrison Motion Approved: 7-0 Item approved 8. Rezoning property from R-1 (One-Family District) to B-1 (Highly Restricted Retail District). Variance permit to allow a total building site area of 1,430 square feet, where 1,500 square feet is the minimum required and to allow front setback of 10 feet, where 20 feet are required. Property located at 740 East 49th Street, Hialeah, zoned R-1 (One- Family District). Applicant: Carmen Vilela and Sahilyn Reyes Planner’s recommendation: Approval 3  HIALEAH PLANNING AND ZONING BOARD MEETING- AUGUST 25 TH, 2021 Motion to Approve: Mr. Morrison; Second: Mr. Ulloa & Mr. Iglesias Motion Approved: 7-0 Item approved 9. Rezoning property from R-1 (One-Family District) to R-3-3 (Multiple-Family District). Variance permit to allow front setback of 12 feet, where 25 feet are required; allow street side setback of 7.2 feet, where 15 feet are required and allow total lot coverage of 32%, where 30% is the maximum allowed. Property located at 2901 East 5th Avenue, Hialeah, zoned R-1 (One-Family District). Applicant: Ceasar Mestre, Esq. Planner’s recommendation: Approve rezoning and variances as requested. Motion to Approve: Mr. Iglesias; Second: Mr. O. Perez Motion Approved: 7-0 Item approved 10. Variance permit to allow a temporary waiver of plat provided that the property will be platted within 18 months of the approval of this ordinance. Property located at 10850 West 36th Avenue, Hialeah, zoned BDH (Business Development District). Applicant: Eruditional, LLC TABLED ITEM FROM AUGUST 11TH, 2021 MEETING Planner’s recommendation: Approval of Temporary waiver of Plat for 18 months. Motion to Remove Item from Tabled: Mr. Casanova; Second: Mr. Iglesias Motion Approved: 7-0 Item removed from tabled Motion to Approve: Mr. Ulloa; Second: Mr. Iglesias & Mr. O. Perez Motion Approved: 7-0 Item approved 11. Variance permit to allow a duplex on a substandard lot with frontage of 60.02 feet, where 75 feet are required. Rezoning from R-1 (One-Family District) to R-2 (One-and Two-Family Residential District) for proposed duplex; variance to allow 17 feet rear setback, where 25 feet are required and 36% 31.7% lot coverage, where 30% is the maximum allowed. Property located at 1480 West 37th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Manny Reus Planner’s recommendation: Approval as amended. *REPORT: Roman L. Castro, 1485 West 36th Street, Hialeah, addressed the Planning and Zoning Board in opposition to the approval of this item. 4  HIALEAH PLANNING AND ZONING BOARD MEETING- AUGUST 25 TH, 2021 *REPORT: Milagros Herrera, 4341 East 8th Lane, Hialeah, addressed the Planning and Zoning Board in opposition to the approval of this item. Motion to Approve: Mr. O. Perez & Mr. Casanova; Second: Mr. Ulloa Motion Approved: 7-0 Item approved 12. 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. TABLED ITEM FROM MAY 26TH, 2021 MEETING Planner’s recommendation: Denial NO ACTION 13. Special Use Permit (SUP) to allow the expansion of the Neighborhood Business District Overlay and variance permit to allow single use, where mixed use is required; allow 55% of the units with area of 600 square feet, where only 10% of the units may have an area of 600 square feet; waive building mass requirement and setback requirements for the tower and cap of the building; allow 196 parking spaces; where 342 parking spaces are required and allow pervious area of less than 30%, where 30% is the minimum required. Property located at 150 East 1st Avenue and 275 East 3rd Street, Hialeah, zoned CBD (Central Business District). Applicant: City of Hialeah Planner’s recommendation: Table item. Motion to Table Item: Mr. O. Perez; Second: Mr. Ulloa Motion Approved: 7-0 Item tabled MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 14. TENTATIVE PLAT OF COUNTYLINE CORPORATE PARK NORTH Motion to Approve: Mr. O. Perez; Second: Mr. Ulloa & Mr. Iglesias Motion Approved: 7-0 Item approved 5  HIALEAH PLANNING AND ZONING BOARD MEETING- AUGUST 25 TH, 2021 15. Old Business. Planning and Zoning Director, Debora Storch reminded the board members that the APA training will be on Tuesday, August 31st, 2021 at the InterContinental Miami from 10:00AM to 5:00PM. 16. New Business. *REPORT: Milagros Herrera, 4341 East 8th Lane, Hialeah, addressed the Planning and Zoning Board with concerns about future development. 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, SEPTEMBER 8TH, 2021 AT 6:00 P.M. 6