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Planning & Zoning Board

Regular Meeting

Hialeah, FL · October 13, 2021

AgendaMinutes

Minutes

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING 2021 LAND USE MAP AMENDMENTS TO THE COMPREHENSIVE PLAN October 13th, 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. Roll Call. Present: Mr. Casanova, Mr. Iglesias, Mr. D. Perez, Mr. O. Perez, Mr. Ulloa, Mr. Gamon & Mr. Morrison ADMINISTRATION OF OATH TO ALL APPLICANTS AND ANYONE WHO WILL BE SPEAKING BEFORE THE BOARD ON ANY ITEM. 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. 1 HIALEAH PLANNING AND ZONING BOARD MEETING- OCTOBER 13 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, OCTOBER 26TH, 2021. LU-1. Small Scale Amendment from Low Density Residential to Medium Density Residential. Property located at 782 East 37th Street, Hialeah zoned R-1 (One-Family District). Applicant: Ceasar Mestre, Esq. Planner’s recommendation: Approval Motion to Approve: Mr. O. Perez; Second: Mr. Iglesias Motion Approved: 7-0 Item approved LU-2. Small Scale Amendment from Major Institutions to Medium Density Residential. Property located at 7450 West 4th Avenue, Hialeah, zoned R-1(One-Family District). Applicant: Alejandro J. Arias, Esq. on behalf of The Salvation Army Planner’s recommendation: Approval with the condition that transportation data will be submitted with enough time to be reviewed by the city consultant and the understading that the item will be tabled if this condition is not met. Motion to Approve: Mr. Iglesias; Second: Mr. Casanova & Mr. Morrison Motion Approved: 7-0 Item approved LU-3. Small Scale Amendment from Low Density Residential to Transit Oriented Development District. Property located at 932, 942 & 952 East 26th Street, Hialeah, zoned R-1 (One- Family District) and R-2 (One-and Two-Family Residential District). Applicant: Jorge L. Navarro, Esq. Planner’s recommendation: Approval Motion to Approve: Mr. Morrison; Second: Mr. Iglesias Motion Approved: 7-0 Item approved LU-4. Small Scale Amendment from Medium Density Residential to High Density Residential. Property located at 61, 63, 75 & 77 West 31st Street, Hialeah, zoned R-3 (Multiple- Family District). Applicant: Ceasar Mestre, Esq. Planner’s recommendation: Approval Motion to Approve: Mr. O. Perez; Second: Mr. Casanova Motion Approved: 7-0 Item approved 2 HIALEAH PLANNING AND ZONING BOARD MEETING- OCTOBER 13 TH, 2021 CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING 1. Approval of Planning and Zoning Board Summary Agenda of September 22nd, 2021 as submitted. Motion to Approve: Mr. Casanova; Second: Mr. Iglesias Motion Approved: 7-0 Item approved 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, NOVEMBER 9TH, 2021. 2. Final decision to allow 6.18 feet east side setback, where 6.50 feet are required; allow 7 feet rear setback, where 20 feet are required and allow 10 feet west side street setback, where 15 feet are required for proposed entrance porch. Property located at 441 SE 8th Avenue, Hialeah, zoned R-1 (One-Family District). Applicant: Samuel Hidalgo Planner’s recommendation: Approve with conditions Motion to Approve with Conditions: Mr. Casanova; Second: Mr. O. Perez Motion Approved: 7-0 FINAL DECISION NO. 2021-18 The side and street side setback reduction are minimal and shall be approved. The requested 7 feet rear setback can only be approved with the condition that the 260 square feet terrace remains open on three sides. 3. Final decision to allow 6.9 feet south side setback, where 7.5 feet are required. Property located at 7430 West 14th Court, Hialeah, zoned R-1 (One-Family District). Applicant: Michel Leon Fernandez Planner’s recommendation: Approval 3 HIALEAH PLANNING AND ZONING BOARD MEETING- OCTOBER 13 TH, 2021 Motion to Approve: Mr. Casanova; Second: Mr. Iglesias Motion Approved: 7-0 FINAL DECISION NO. 2021-19 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 26TH, 2021. 4. Rezoning properties from R-1 (One-Family District) and R-2 (One-and Two-Family Residential District) to TOD (Transit Oriented Development District). Properties located at 932, 942 and 952 East 26th Street, Hialeah, zoned R-1 (One-Family District) and R-2 (One- and Two-Family Residential District). Applicant: Jorge L. Navarro, Esq. Planner’s recommendation: Approval Motion to Approve: Mr. Ulloa; Second: Mr. Casanova Motion Approved: 7-0 Item approved 5. Rezoning property from R-1 (One-Family District) to C-1 (Restricted Retail Commercial District) P (Parking). Property located at 41 East 42nd Street, Hialeah, zoned R-1 (One-Family District). Applicant: Daniel A. Espino, Esq. Planner’s recommendation: Approval *REPORT: Carlos A. Rodriguez, 51 East 42nd Street, Hialeah, addressed the Planning and Zoning Board with concerns and questions about the proposed parking lot. *REPORT: Maria M. Rodriguez, 51 East 42nd Street, Hialeah, addressed the Planning and Zoning Board with concerns and questions about the proposed parking lot. *REPORT: 14 letters addressing concerns were submitted by residents. Motion to Approve: Mr. O. Perez; Second: Mr. Casanova Motion Approved: 7-0 Item approved 6. Rezoning property from R-1 (One-Family District) to R-2 (One- and Two-Family Residential District); Variance permit to allow rear setback of 15.22 feet, where 25 feet are required for the legalization of improvements and conversion of an existing accessory building into a second unit for the proposed duplex and allow 24.6 feet rear yard depth from the rear side of the main house to the front of an existing accessory building proposed as second unit, where 25 feet are required. Property located at 495 East 45th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Sandra Benitez Planner’s recommendation: Approval 4 HIALEAH PLANNING AND ZONING BOARD MEETING- OCTOBER 13 TH, 2021 Motion to Approve: Mr. O. Perez; Second: Mr. Ulloa Motion Approved: 7-0 Item approved 7. Variance permit to allow single commercial use, where mixed commercial/residential use is required; allow 26 feet street side setback on the ground floor and 18 feet street setback on the second floor, fronting East 13th Street, where 5 feet built-to-line are required ; allow 1.16 feet front setback on the second floor, fronting East 4th Avenue, where 5 feet built-to-line are required; allow 0 feet east side setback, where 10 feet are required; allow 1 parking space on the front facing East 13th Street, where parking in front setback is not allowed; allow 4 parking spaces, where 7 parking spaces are required. Property located at 402 East 13th Street, Hialeah, zoned CR (Commercial Residential District). Applicant: San Lazaro Investments, LLC Planner’s recommendation: Approval Motion to Table Item: Mr. Morrison; Second: Mr. Casanova & Mr. O. Perez Motion Approved: 7-0 Item tabled MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 8. TENTATIVE PLAT OF NW HIALEAH Planner’s recommendation: Approval Motion to Approve: Mr. O. Perez; Second: Mr. Iglesias Motion Approved: 7-0 Item approved 9. Old Business. None. 10. New Business. Planning and Zoning Director, Debora Storch informed the board members that every year there is a vote to cancel the board meeting of November 24th, 2021 and December 22nd, 2021 due to the Holidays. Motion to Cancel Meetings: Mr. O. Perez; Second: Mr. Iglesias Motion Approved: 7-0 Motion approved 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. 5 HIALEAH PLANNING AND ZONING BOARD MEETING- OCTOBER 13 TH, 2021 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, OCTOBER 27TH, 2021 AT 6:00 P.M. 6

Agenda

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING 2021 LAND USE MAP AMENDMENTS TO THE COMPREHENSIVE PLAN October 13th, 2021 Agenda 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. Roll Call. ADMINISTRATION OF OATH TO ALL APPLICANTS AND ANYONE WHO WILL BE SPEAKING BEFORE THE BOARD ON ANY ITEM. 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. 1 HIALEAH PLANNING AND ZONING BOARD MEETING- OCTOBER 13 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, OCTOBER 26TH, 2021. LU-1. Small Scale Amendment from Low Density Residential to Medium Density Residential. Property located at 782 East 37th Street, Hialeah zoned R-1 (One-Family District). Applicant: Ceasar Mestre, Esq. LU-2. Small Scale Amendment from Major Institutions to Medium Density Residential. Property located at 7450 West 4th Avenue, Hialeah, zoned R-1(One-Family District). Applicant: Alejandro J. Arias, Esq. on behalf of The Salvation Army LU-3. Small Scale Amendment from Low Density Residential to Transit Oriented Development District. Property located at 932, 942 & 952 East 26th Street, Hialeah, zoned R-1 (One- Family District). Applicant: Jorge L. Navarro, Esq. LU-4. Small Scale Amendment from Medium Density Residential to High Density Residential. Property located at 61, 63, 75 & 77 West 31st Street, Hialeah, zoned R-3 (Multiple- Family District). Applicant: Ceasar Mestre, Esq. CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING 1. Approval of Planning and Zoning Board Summary Agenda of September 22nd, 2021 as submitted. 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, NOVEMBER 9TH, 2021. 2. Final decision to allow 6.18 feet east side setback, where 6.50 feet are required; allow 7 feet rear setback, where 20 feet are required and allow 10 feet west side street setback, 2 HIALEAH PLANNING AND ZONING BOARD MEETING- OCTOBER 13 TH, 2021 where 15 feet are required for proposed entrance porch. Property located at 441 SE 8th Avenue, Hialeah, zoned R-1 (One-Family District). Applicant: Samuel Hidalgo 3. Final decision to allow 6.9 feet south side setback, where 7.5 feet are required. Property located at 7430 West 14th Court, Hialeah, zoned R-1 (One-Family District). Applicant: Michel Leon Fernandez 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 26TH, 2021. 4. Rezoning properties from R-1 (One-Family District) and R-2 (One- and Two-Family Residential District) to TOD (Transit Oriented Development District). Properties located at 932, 942 and 952 East 26th Street, Hialeah, zoned R-1 (One-Family District) and R-2 (One- and Two-Family Residential District). Applicant: Jorge L. Navarro, Esq. 5. Rezoning property from R-1 (One-Family District) to C-1 (Restricted Retail Commercial District) P (Parking). Property located at 41 East 42nd Street, Hialeah, zoned R-1 (One-Family District). Applicant: Daniel A. Espino, Esq. 6. Rezoning property from R-1 (One-Family District) to R-2 (One- and Two-Family Residential District); Variance permit to allow rear setback of 15.22 feet, where 25 feet are required for the legalization of improvements and conversion of an existing accessory building into a second unit for the proposed duplex and allow 24.6 feet rear yard depth from the rear side of the main house to the front of an existing accessory building proposed as second unit, where 25 feet are required. Property located at 495 East 45th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Sandra Benitez 7. Variance permit to allow single commercial use, where mixed commercial/residential use is required; allow 26 feet street side setback on the ground floor and 18 feet street setback on the second floor, fronting East 13th Street, where 5 feet built-to-line are required ; allow 1.16 feet front setback on the second floor, fronting East 4th Avenue, where 5 feet built-to-line are required; allow 0 feet east side setback, where 10 feet are required; allow 1 parking space on the front facing East 13th Street, where parking in front setback is not allowed; allow 4 parking spaces, where 7 parking spaces are required. Property located at 402 East 13th Street, Hialeah, zoned CR (Commercial Residential District). Applicant: San Lazaro Investments, LLC MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 8. TENTATIVE PLAT OF NW HIALEAH 9. Old Business. 3 HIALEAH PLANNING AND ZONING BOARD MEETING- OCTOBER 13 TH, 2021 10. New Business. 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, OCTOBER 27TH, 2021 AT 6:00 P.M. 4

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