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Planning & Zoning Board

Regular Meeting

Hialeah, FL · October 27, 2021

AgendaMinutes

Minutes

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING October 27th, 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. Gamon & Mr. Morrison Late: Mr.Ulloa 2. Approval of Planning and Zoning Board Summary Agenda of October 13th, 2021 as submitted. Motion to Approve: Mr. Casanova; Second: Mr. Iglesias Motion Approved: 6-0-1 with Mr. Ulloa absent for the vote 1 HIALEAH PLANNING AND ZONING BOARD MEETING- OCTOBER 27TH, 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, NOVEMBER 23RD, 2021. 3. Final decision to allow rear setback of 18.55 feet, where 20 feet are required, for the legalization of an addition and allow interior south side setback of 1.1 feet, where 3 feet are required for an existing shed to be legalized. Property located at 5561 West 9th Avenue, Hialeah, zoned R-1 (One-Family District). Applicant: Rosario Sosa Planner’s recommendation: Approve with conditions Motion to Approve with Conditions: Mr. Iglesias; Second: Mr. O. Perez Motion Approved: 6-0-1 with Mr. Ulloa absent for the vote FINAL DECISION NO. 2021-20 Item approved with the condition that the not permitted additions referenced in the report be legalized within 180 days. 4. Final decision to allow west side setback of 3.46 feet and rear setback of 6.16 feet, where 7.5 feet are required for a 257 square feet accessory building to be legalized, and rear setback of 5.35 feet, where 7.5 feet are required for an additional 310 square feet accessory building to be legalized. Property located at 109 East 48th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Lian Garlobo Diaz Planner’s recommendation: Approve with conditions Motion to Approve with Conditions: Mr. O. Perez; Second: Mr. Casanova Motion Approved: 7-0 FINAL DECISION NO. 2021-21 Item approved with the condition that the garage keeps its use as a garage and the 257 square feet structure remains open on its west and south sides. 2 HIALEAH PLANNING AND ZONING BOARD MEETING- OCTOBER 27TH, 2021 5. Final decision to allow rear setback of 19 feet, where 20 feet are required for a proposed aluminum open terrace and east side setback of 4.8 feet, where 5.1 feet are required for existing house. Property located at 3321 West 2nd Avenue, Hialeah, zoned R-1 (One- Family District). Applicant: Jose F. Vargas and Liliana Vargas Mesa Planner’s recommendation: Approve with conditions Motion to Approve with Conditions: Mr. Morrison; Second: Mr. Casanova Motion Approved: 7-0 FINAL DECISION NO. 2021-22 Item approved with the condition that the terrace remains open on three sides. 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. 6. Rezoning from R-1(One-Family District) to R-3-3 (Multiple Family District) and variance permit to allow two residential (40%) units with floor area of 709 square feet and two residential units (40%) with floor area of 680 square feet, where 850 square feet is the minimum required and only 10% of the units may have an area of 600 square feet. Property located at 410 East 47th Street and 4655 East 4th Avenue, Hialeah, zoned R-1 (One-Family District), within area 2 of the Neighborhood Business District Overlay. Applicant: Ceasar Mestre, Esq. Planner’s recommendation: Approval *REPORT: Angel Ramirez, 474 East 48th Street, Hialeah, sent a letter to the Planning and Zoning Board in opposition to the approval of this item. *REPORT: Stephen Craig Dielmann, 4725 East 4th Avenue, Hialeah, addressed the Planning and Zoning Board with questions about the Neighborhood Business District Overlay. Motion to Approve: Mr. O. Perez; Second: Mr. Iglesias Motion Approved: 7-0 Item approved 7. Special Use Permit (SUP) to allow the expansion of the Neighborhood Business District Overlay. Variance permit to allow 24 units (86%) with floor areas ranging from 695 square feet to 729 square feet, where 850 square feet is the minimum required and only 10% of the units may have an area of 600 square feet and allow 46 parking spaces, where 67 parking spaces are required. Property located at 167 West 23rd Street and 187 West 23rd Street, Hialeah, zoned M-1 (Industrial District). Applicant: Ceasar Mestre, Esq. Planner’s recommendation: Approval Motion to Approve: Mr. Iglesias; Second: Mr. Casanova Motion Approved: 7-0 3 HIALEAH PLANNING AND ZONING BOARD MEETING- OCTOBER 27TH, 2021 Item approved 8. RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, AMENDING ITS COMPREHENSIVE PLAN BY REPLACING IN ITS ENTIRETY THE EXISTING RECREATION AND OPEN SPACE ELEMENT DATA, INVENTORY AND ANALYSIS SECTION ATTACHED AS EXHIBIT “A” WITH A NEW DATA, INVENTORY AND ANALYSIS SECTION ATTACHED AS EXHIBIT “B” AND WITH UPDATED GOALS, OBJECTIVES, AND POLICIES ATTACHED AS EXHIBIT “C”; AND PROVIDING FOR AN EFFECTIVE DATE. Motion to Approve: Mr. Ulloa; Second: Mr. Iglesias Motion Approved: 7-0 Item approved MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 9. TENTATIVE PLAT OF COMMERCE CENTER AT COUNTYLINE Planner’s recommendation: Approval Motion to Approve: Mr. Ulloa; Second: Mr. Iglesias Motion Approved: 7-0 Item approved 10. Old Business. None. 11. New Business. Planning and Zoning Director, Debora Storch wished the board members a Happy Halloween. Planning and Zoning Board Chairman, Diego Perez addressed the Assistant City Attorney, David Jove with concerns and questions about asking the public to state their name and address for the record if speaking before 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 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, NOVEMBER 10TH, 2021 AT 6:00 P.M. 4

Agenda

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING October 27th, 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. 1. Roll Call. 2. Approval of Planning and Zoning Board Summary Agenda of October 13th, 2021 as submitted. 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 1 HIALEAH PLANNING AND ZONING BOARD MEETING- OCTOBER 27TH, 2021 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 23RD, 2021. 3. Final decision to allow rear setback of 18.55 feet, where 20 feet are required, for the legalization of an addition and allow interior south side setback of 1.1 feet, where 3 feet are required for an existing shed to be legalized. Property located at 5561 West 9th Avenue, Hialeah, zoned R-1 (One-Family District). Applicant: Rosario Sosa 4. Final decision to allow west side setback of 3.46 feet and rear setback of 6.16 feet, where 7.5 feet are required for a 257 square feet accessory building to be legalized, and rear setback of 5.35 feet, where 7.5 feet are required for an additional 310 square feet accessory building to be legalized. Property located at 109 East 48th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Lian Garlobo Diaz 5. Final decision to allow rear setback of 19 feet, where 20 feet are required for a proposed aluminum open terrace and east side setback of 4.8 feet, where 5.1 feet are required for existing house. Property located at 3321 West 2nd Avenue, Hialeah, zoned R-1 (One- Family District). Applicant: Jose F. Vargas and Liliana Vargas Mesa 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. 6. Rezoning from R-1(One-Family District) to R-3-3 (Multiple Family District) and variance permit to allow two residential (40%) units with floor area of 709 square feet and two residential units (40%) with floor area of 680 square feet, where 850 square feet is the minimum required and only 10% of the units may have an area of 600 square feet. Property located at 410 East 47th Street and 4655 East 4th Avenue, Hialeah, zoned R-1 (One-Family District), within area 2 of the Neighborhood Business District Overlay. Applicant: Ceasar Mestre, Esq. 7. Special Use Permit (SUP) to allow the expansion of the Neighborhood Business District Overlay. Variance permit to allow 24 units (86%) with floor areas ranging from 695 square feet to 729 square feet, where 850 square feet is the minimum required and only 10% of the units may have an area of 600 square feet and allow 46 parking spaces, where 67 parking spaces are required. Property located at 167 West 23rd Street and 187 West 23rd Street, Hialeah, zoned M-1 (Industrial District). Applicant: Ceasar Mestre, Esq. 2 HIALEAH PLANNING AND ZONING BOARD MEETING- OCTOBER 27TH, 2021 8. RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, AMENDING ITS COMPREHENSIVE PLAN BY REPLACING IN ITS ENTIRETY THE EXISTING RECREATION AND OPEN SPACE ELEMENT DATA, INVENTORY AND ANALYSIS SECTION ATTACHED AS EXHIBIT “A” WITH A NEW DATA, INVENTORY AND ANALYSIS SECTION ATTACHED AS EXHIBIT “B” AND WITH UPDATED GOALS, OBJECTIVES, AND POLICIES ATTACHED AS EXHIBIT “C”; AND PROVIDING FOR AN EFFECTIVE DATE. MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 9. Old Business. 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, NOVEMBER 10TH, 2021 AT 6:00 P.M. 3

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