Planning & Zoning Board

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING September 8th, 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. Iglesias, Mr. D. Perez, Mr. Ulloa, Mr. Gamon & Mr. Morrison Absent: Mr. Casanova & Mr. O. Perez 2. Approval of Planning and Zoning Board Summary Agenda of August 25th, 2021 as submitted. Motion to Approve: Mr. Iglesias; Second: Mr. Ulloa Motion Approved: 5-0-2 with board member Mr. Casanova and Mr. O. Perez absent. 1  HIALEAH PLANNING AND ZONING BOARD MEETING- SEPTEMBER 8 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, OCTOBER 12TH, 2021. 3. Final decision to allow rear setback of 10.80 feet, where 20 feet are required for a terrace to be legalized and to allow street side setback of 14.77 feet, where 15 feet is required for the existing house. Property located at 5891 East 6th Avenue, Hialeah, zoned R-1 (One- Family District). Appplicant: Yusimi Del Carmen Cintra Planner’s recommendation: Approve with conditions Motion to Approve with Conditions: Mr. Morrison; Second: Mr. Iglesias Motion Approved: 5-0-2 with board member Mr. Casanova and Mr. O. Perez absent. FINAL DECISION NO. 2021-16 Item approved with the condition that the terrace remains open on 3 sides and all the required legalizations get completed within 180 days. 4. Final decision to allow interior west side setback of 2.11 feet, where 5 feet 1 inch is required for an existing two-bedroom and laundry addition, and terrace with outdoor kitchen built without the benefit of a building permit, to be legalized. Property located at 644 SE 4th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Maylen Duquesne and Jesus A. Duquesne Planner’s recommendation: Denial Motion to Table Item: Mr. Morrison; Second: Mr. Iglesias Motion Approved: 5-0-2 with board member Mr. Casanova and Mr. O. Perez absent. Item tabled 2  HIALEAH PLANNING AND ZONING BOARD MEETING- SEPTEMBER 8 TH, 2021 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. 5. Variance permit to allow an LED wall sign with a single fixed image, outside the geographic area, where LED signs are not allowed. Property located at 383 West 36th Terrace, Hialeah, zoned RO (Residential Office). Applicant: Robb Robson on behalf of Dental Institute Inc. Planner’s recommendation: Approval *REPORT: Louie Flores, 333 West 36th Terrace, Hialeah, sent an email to the Planning and Zoning Board in opposition to the approval of this item. *REPORT: Louie Flores, 333 West 36th Terrace, Hialeah, addressed the Planning and Zoning Board with concerns to the approval of this item. Motion to Approve: Mr. Morrison; Second: Mr. Iglesias Motion Approved: 5-0-2 with board member Mr. Casanova and Mr. O. Perez absent. Item approved 6. Variance permit to allow a waiver of plat to allow a rear setback of 12 feet, where 20 feet are required, and to allow side setbacks of 5 feet, where 5.04 are required, pursuant to Hialeah Code Sec. 98-831 and allow 38.6% lot coverage, where 30% is the maximum allowed. Property located at 6574 West 22nd Court, Hialeah, zoned R-3-5 (Multiple- Family District), and developed as RZ R-1 (One-Family District). Applicant: Carlos I. Perez, and Tania Perez Planner’s recommendation: Approval Motion to Approve: Mr. Iglesias; Second: Mr. Ulloa Motion Approved: 5-0-2 with board member Mr. Casanova and Mr. O. Perez absent. Item approved 7. Conditional Use Permit (CUP) to allow a K-2 grade school with a maximum enrollment of 20 students. Property located at 4975 West 6th Avenue, Hialeah, zoned C-2 (Liberal Retail Commercial District). Applicant: Ceasar Mestre, Esq. Planner’s recommendation: Approval Motion to Approve: Mr. Iglesias; Second: Mr. Ulloa Motion Approved: 5-0-2 with board member Mr. Casanova and Mr. O. Perez absent. Item approved 3  HIALEAH PLANNING AND ZONING BOARD MEETING- SEPTEMBER 8 TH, 2021 8. 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 Motion to Remove Item from Tabled: Mr. Morrison; Second: Mr. Iglesias Motion Approved: 5-0-2 with board member Mr. Casanova and Mr. O. Perez absent. Item removed from tabled *REPORT: Lourdes Martin, 230 Hialeah Drive, Hialeah, sent an email to the Planning and Zoning Board in opposition to the approval of this item. *REPORT: Jose R. Rodriguez, 15 Eucalyptus Drive, Hialeah, sent two emails to the Planning and Zoning Board in opposition to the approval of this item. Motion to Table Item: Mr. Iglesias; Second: Mr. Gamon Motion Approved: 3-2-2 with board member Mr. Ulloa and Mr. Morrison voting NO and board member Mr. Casanova and Mr. O. Perez absent. Item tabled 9. Special Use Permit (SUP) to allow the use of a prefabricated building on a property zoned M-1 (Industrial District) for an extended period of time not exceeding 12 months from the effective day of the ordinance, for a temporary sorting facility for the loading and unloading, sorting and distribution of mail packages (extending the 12 month period previously granted by the City of Hialeah, FL Ordinance 2020-067). Property located at 6001 East 8th Avenue, Hialeah, zoned M-1 (Industrial District). Applicant: United Postal Service Inc. Planner’s recommendation: Approval Motion to Approve: Mr. Ulloa; Second: Mr. Iglesias Motion Approved: 5-0-2 with board member Mr. Casanova and Mr. O. Perez absent. Item approved 10. 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 4  HIALEAH PLANNING AND ZONING BOARD MEETING- SEPTEMBER 8 TH, 2021 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 TABLED ITEM FROM AUGUST 25TH, 2021 MEETING Planner’s recommendation: Approval Motion to Approve: Mr. Morrison; Second: Mr. Iglesias Motion Approved: 5-0-2 with board member Mr. Casanova and Mr. O. Perez absent. Item approved 11. ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA AMENDING CHAPTER 98 ENTITLED “ZONING”, ARTICLE VI. “SUPPLEMENTARY DISTRICT REGULATIONS”, DIVISION 5. “USES”, SUBDIVISION XI “HOME OFFICES” OF THE CODE OF ORDINANCES OF THE CITY OF HIALEAH, AND IN PARTICULAR, REVISING SECTION 98-2030 ENTITLED “HOME OFFICES”, AND DIVISION 10. “PARKING”, SECTION 98-2200 ENTITLED “PARKING COMMERCIAL VEHICLES, RECREATIONAL VEHICLES, BOATS OR VESSELS ON PROPERTY ZONED RESIDENTIAL”; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Motion to Approve: Mr. Iglesias; Second: Mr. Ulloa Motion Approved: 5-0-2 with board member Mr. Casanova and Mr. O. Perez absent. Item approved 12. ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA AMENDING CERTAIN PROVISIONS OF THE CITY OF HIALEAH CODE OF ORDINANCES RELATED TO IMPACT FEES, SPECIFICALLY DIVISION 3 IN CHAPTER 98, ARTICLE VIII ENTITLED FIRE RESCUE IMPACT FEE TO PROVIDE UNIFORMITY AND CONSISTENCY IN ADMINISTRATION AND PROCEDURES APPLICABLE TO IMPACT FEES PURSUANT TO THE CITY OF HIALEAH CONSOLIDATED IMPACT FEE ORDINANCE NO. 2021-059 (JUNE 22, 2021), EFFECTIVE OCTOBER 22, 2021 AND CODIFIED AT HIALEAH, FLA. CODE §§98-2521 THROUGH 98-2584; ADOPTING AN UPDATED SCHEDULE OF FIRE RESCUE IMPACT FEES AND CLASSIFYING USES OF PROPERTY SUBJECT TO SUCH IMPACT FEES; PROVIDING FOR THE USE OF FIRE RESCUE IMPACT FEE MONIES COLLECTED; PROVIDING FOR NOTICE OF THE UPDATED SCHEDULE OF FIRE RESCUE IMPACT FEES; PROVIDING FOR A SAVINGS CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING PENALTIES 5  HIALEAH PLANNING AND ZONING BOARD MEETING- SEPTEMBER 8 TH, 2021 FOR VIOLATIONS HEREOF; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Motion to Approve: Mr. Iglesias; Second: Mr. Ulloa Motion Approved: 5-0-2 with board member Mr. Casanova and Mr. O. Perez absent. Item approved MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 13. Old Business. None. 14. 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, SEPTEMBER 22ND, 2021 AT 6:00 P.M. 6