Planning & Zoning Board

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING December 8th, 2021 Summary Agenda- Minutes HIALEAH CITY HALL 6:00 P.M. 501 PALM AVENUE-3RD FLOOR HIALEAH Call to order. REPORT: Planning and Zoning Board Chairman, Diego Perez called the meeting to order at 6:05 P.M. Invocation and pledge of allegiance REPORT: Planning and Zoning Board member, Michael Lee Morrison, led the 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 THE 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 arrived at 6:13 P.M. 1  HIALEAH PLANNING AND ZONING BOARD MEETING- DECEMBER 8 TH, 2021 2. Approval of Planning and Zoning Board Summary Agenda of November 10th, 2021 as submitted. Motion to Approve: Mr. Casanova; Second: Mr. Iglesias Motion Approved: 6-0-1 with board member Mr. Ulloa absent for the vote. 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, DECEMBER 14TH, 2021. 3. Rezoning from R-1 (One-Family District) to R-3-3 (Multiple-Family District); variance permit to allow 5 feet south side setback, where 10 feet are required for the development of a two-story/100-unit multifamily development on the 4.27-acre westernmost portion of the site; Special Use Permit to expand the regulations of the NBD (Neighborhood Business District) overlay on the 0.63-acre easternmost portion of the site to allow the development of a three-story mixed use building including 5,000 square feet of retail and 12 multifamily units; variance permit to allow 50 parking spaces, where 52 parking spaces are required on the mixed use portion of the site and allow 10 feet north side setback, where 15 feet are required. 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 *REPORT: Nestor Guzman, 7516 West 4th Lane, Hialeah, addressed the Planning and Zoning Board in opposition to the approval of this item. Motion to Approve: Mr. Morrison; Second: Mr. Iglesias Motion Approved: 7-0 Item approved 4. Conditional Use Permit (CUP) to allow a 96-student elementary school in conjunction with a 139-children daycare operating on the first and second floor of an existing 2  HIALEAH PLANNING AND ZONING BOARD MEETING- DECEMBER 8 TH, 2021 shopping plaza that also includes other businesses not related to the school (two office bays on the second floor and a manual carwash on the first floor). Property located at 585 East 49th Street and 590 East 50th Street, Hialeah, zoned C-1 (Restricted Retail Commercial District). Applicant: Ceasar Mestre, Esq. Planner’s recommendation: Approval subject to DOR limiting the number of students and incorporating the traffic report’s circulation plan. Motion to Approve with Conditions: Mr. O. Perez; Second: Mr. Iglesias & Mr. Casanova Motion Approved: 7-0 Item approved subject to DOR limiting the number of students and incorporating the traffic report’s circulation plan. 5. Conditional Use Permit (CUP) to allow an elementary school including Kindergarten, first grade and second grade within a 950 square feet bay, with a maximum of 25 students and 3 teachers, in conjunction with an existing 28-children and four teachers daycare within a contiguous 1,900 square feet bay. Property located at 6815-6895 West 4th Avenue, bays 6879, 6873 and 6887, Hialeah, zoned C-2 (Liberal Retail Commercial District). Applicant: Happy Hearts Learning Center Planner’s recommendation: Approval Motion to Approve: Mr. O. Perez; Second: Mr. Iglesias & Mr. Casanova Motion Approved: 7-0 Item approved 6. Special Use Permit (SUP) to allow the expansion of the Neighborhood Business District Overlay. Variance permit to allow such expansion on a property that is not within an activity node and that has an area of 6,450 square feet, where the NBD overlay regulations may extend to properties that are within activity node areas situated on sites with a minimum area of 20,000 square feet. Variance to allow single uses as a 3- story/10-unit multifamily residential development, where mixed use is required; allow all units to have area of 780 square feet, where only 10% of the units may have a minimum of 600 square feet; allow front setbacks of 2.33 feet and 5 feet, where 10 feet built to lines is required; allow 0 feet interior setback, where 15 feet are required; allow 16 parking spaces, where 23 parking spaces are required; allow density increase from 32 units/acre to 70 units/acre without providing the incentives to increase density; allow pervious area of 0.5%, where 30% is the minimum required and variance to waive all landscaping requirements. Property located at 93 West 28th Street, Hialeah, zoned R-3 (Multiple-Family District). Applicant: Ceasar Mestre, Esq. Planner’s recommendation: Withdraw to be readvertised WITHDRAWN 3  HIALEAH PLANNING AND ZONING BOARD MEETING- DECEMBER 8 TH, 2021 7. Special Use Permit (SUP) to allow harboring of live lobsters within a property zoned M-1(Industrial District), where this type of use is not specified as a permitted use in the M-1 (Industrial District) zoning district. Property located at 3171 East 10th Avenue, Hialeah, zoned M-1 (Industrial District). Applicant: Austin Lovejoy Planner’s recommendation: Approval subject to DOR specifying business operation plan as proffered in connection with the application. Motion to Approve with Conditions: Mr. Iglesias; Second: Mr. Casanova Motion Approved: 7-0 Item approved subject to DOR specifying business operation plan as proffered in connection with the application. MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 8. Old Business. None. 9. New Business. Planning and Zoning Director, Debora Storch wished the board members a Merry Christmas and a Happy New Year. REPORT: Planning and Zoning Board Chairman, Diego Perez adjourned the meeting at 7:15 P.M. 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, JANUARY 12TH, 2022 AT 6:00 P.M. 4