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Planning & Zoning Board

Regular Meeting

Hialeah, FL · February 16, 2022

AgendaMinutes

Minutes

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING 2022 LAND USE MAP AMENDMENTS TO THE COMPREHENSIVE PLAN February 16th, 2022 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 6:09 P.M. Invocation and pledge of allegiance REPORT: Planning and Zoning Board Chairman, Diego Perez 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 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. Iglesias, Mr. D. Perez, Mr. Ulloa, Mr. Gamon, Mr. O. Perez & Mrs. Henriquez Absent: Mr. Casanova 1 HIALEAH PLANNING AND ZONING BOARD MEETING- FEBRUARY 16 TH, 2022 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. 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, MARCH 8TH, 2022. LU-1. Small Scale Amendment from Industrial and Office to Industrial. Property located at 16300 NW 97th Avenue, Hialeah zoned BDH (Business Development District). Applicant: Brian Adler, Esq. on behalf of WGC 97th Property, LLC Planner’s recommendation: Approval Motion to Approve: Mr. O. Perez; Second: Mr. Iglesias Motion Approved: 6-0-1 with board member Mr. Casanova being absent. Item approved LU-2. Small Scale Amendment from Major Institutions to Medium Density Residential. Property located at 7605 West 10th Avenue, Hialeah, zoned GU (Interim District a Miami-Dade County Zoning Designation). Applicant: Alejandro J. Arias, Esq. on behalf of HHA I, Inc. and Hialeah Housing Authority Planner’s recommendation: Approval Motion to Approve: Mr. Iglesias; Second: Mr. O. Perez Motion Approved: 6-0-1 with board member Mr. Casanova being absent. Item approved CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING 1. Approval of Planning and Zoning Board Summary Agenda of January 26th, 2022 as submitted. Motion to Approve: Mr. O. Perez; Second: Mr. Iglesias & Mr. Ulloa Motion Approved: 6-0-1 with board member Mr. Casanova being absent. Item approved 2 HIALEAH PLANNING AND ZONING BOARD MEETING- FEBRUARY 16 TH, 2022 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, MARCH 8TH, 2022. 2. Rezoning from C-2 (Liberal Retail Commercial District) to R-3-3 (Multiple-Family District) and Conditional Use Permit (CUP) to allow a 4-unit and meeting room seminary, and variance permit to allow 0 7 parking spaces, where 41 parking spaces are required. Property located at 1020 West 29th Street, Hialeah, zoned C-2 (Liberal Retail Commercial District). Applicant: Suzanne A. Dockerty, Esq. on behalf of Archdiocese of Miami Planner’s recommendation: Approval *REPORT: Fortuna Smukler, 1081 West 29th Street, Hialeah, addressed the Planning and Zoning Board through zoom in opposition to the approval of this item. Motion to Approve: Mr. O. Perez; Second: Mr. Iglesias & Ulloa Motion Approved: 6-0-1 with board member Mr. Casanova being absent. Item approved 3. Variance permit to allow 13 parking spaces, where 26 parking spaces are required. Property located at 621 West 20th Street, Hialeah, zoned M-1 (Industrial District). Applicant: Maribel Fernandez Planner’s recommendation: Approve with conditions Motion to Approve with Conditions: Mr. Iglesias; Second: Mr. Ulloa Motion Approved: 6-0-1 with board member Mr. Casanova being absent. Item approved with the condition that the employee count does not exceed 12 employees. 4. Conditional Use Permit (CUP) to allow a 6-9th grade school with a capacity of 100 students and 11 teachers and staff, within a 3,623 square feet bay with 15 parking spaces allocated to the bay as per 17% parking reduction granted by a variance, in conjunction with a functioning 144-student K-5 school and 54-student daycare granted by City of Hialeah, FL 2020-063 with limitations set forth in related DOR proffered to the City. Property located at 1290 and 1300 West 49th Street, Suite 2, Hialeah, zoned C-2 (Liberal Retail Commercial District) and C-3 (Extended Liberal Commercial District). Applicant: America’s Christian Academy 3 HIALEAH PLANNING AND ZONING BOARD MEETING- FEBRUARY 16 TH, 2022 Planner’s recommendation: Denial Motion to Deny: Mr. Ulloa; Second: Mr. O. Perez Motion Approved: 6-0-1 with board member Mr. Casanova being absent. Item denied 5. Special Use Permit (SUP) to allow the expansion of the Neighborhood Business District Overlay. Variance permit to allow only residential uses where mixed use is required; allow residential use on the ground floor, where residential use is allowed above ground floor level; allow all residential units with areas ranging from 622 square feet to 832 square feet, where 850 square feet is the minimum required and only 10% of the units may have an area of 600 square feet; allow rear setback of 10 feet, where 15 feet are required; allow 171 parking spaces, where 270 parking spaces are required; allow 14.3% pervious area, where 30% is the minimum required. Property located at 1451 West 29th Street, Hialeah, zoned R-3-3 (Multiple-Family District). Applicant: Javier L. Vazquez, Esq. Planner’s recommendation: Approval Motion to Approve: Mr. O. Perez; Second: Mr. Iglesias Motion Approved: 6-0-1 with board member Mr. Casanova being absent. Item approved 6. ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA AMENDING SECTION 98-1630.8 ENTITLED “LIMITED EXPANSION OF NBD OVERLAY DISTRICT REGULATIONS SUBJECT TO SPECIAL USE PERMIT” OF THE CODE OF ORDINANCES OF THE CITY OF HIALEAH IN CHAPTER 98, “ZONING”, ARTICLE V. ENTITLED “ZONING DISTRICT REGULATIONS”, DIVISION 33, NBD NEIGHBORHOOD BUSINESS DISTRICT; TO PROHIBIT EXPANSION OF THE NBD OVERLAY DISTRICT REGULATIONS WITHIN THE HIALEAH HEIGHTS ZONING DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Motion to Approve: Mr. Iglesias; Second: Mr. O. Perez Motion Approved: 6-0-1 with board member Mr. Casanova being absent. Item approved MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 7. TENTATIVE PLAT OF EMERALD BAY Planner’s recommendation: Approval Motion to Approve: Mr. Iglesias; Second: Mr. Ulloa Motion Approved: 6-0-1 with board member Mr. Casanova being absent. 4 HIALEAH PLANNING AND ZONING BOARD MEETING- FEBRUARY 16 TH, 2022 Item approved 8. TENTATIVE PLAT OF G P I SUBDIVISION Planner’s recommendation: Approval Motion to Approve: Mr. Iglesias; Second: Mr. O. Perez Motion Approved: 6-0-1 with board member Mr. Casanova being absent. Item approved 9. Old Business. None. 10. New Business. Planning and Zoning Chairman, Diego Perez welcomed new board member Julissa Henriquez. REPORT: Planning and Zoning Board Chairman, Diego Perez adjourned the meeting at 8:32 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, MARCH 9TH, 2022 AT 6:00 P.M. 5

Agenda

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING 2022 LAND USE MAP AMENDMENTS TO THE COMPREHENSIVE PLAN February 16th, 2022 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- FEBRUARY 16 TH, 2022 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, MARCH 8TH, 2022. LU-1. Small Scale Amendment from Industrial and Office to Industrial. Property located at 16300 NW 97th Avenue, Hialeah zoned BDH (Business Development District). Applicant: Brian Adler, Esq. on behalf of WGC 97th Property, LLC LU-2. Small Scale Amendment from Major Institutions to Medium Density Residential. Property located at 7605 West 10th Avenue, Hialeah, zoned GU (Interim District a Miami-Dade County Zoning Designation). Applicant: Alejandro J. Arias, Esq. on behalf of HHA I, Inc. and Hialeah Housing Authority CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING 1. Approval of Planning and Zoning Board Summary Agenda of January 26th, 2022 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, MARCH 8TH, 2022. 2. Rezoning from C-2 (Liberal Retail Commercial District) to R-3-3 (Multiple-Family District) and Conditional Use Permit (CUP) to allow a 4-unit and meeting room seminary, and variance permit to allow 7 parking spaces, where 41 parking spaces are required. Property located at 1020 West 29th Street, Hialeah, zoned C-2 (Liberal Retail Commercial District). Applicant: Suzanne A. Dockerty, Esq. on behalf of Archdiocese of Miami 3. Variance permit to allow 13 parking spaces, where 26 parking spaces are required. Property located at 621 West 20th Street, Hialeah, zoned M-1 (Industrial District). Applicant: Maribel Fernandez 2 HIALEAH PLANNING AND ZONING BOARD MEETING- FEBRUARY 16 TH, 2022 4. Conditional Use Permit (CUP) to allow a 6-9th grade school with a capacity of 100 students and 11 teachers and staff, within a 3,623 square feet bay with 15 parking spaces allocated to the bay as per 17% parking reduction granted by a variance, in conjunction with a functioning 144-student K-5 school and 54-student daycare granted by City of Hialeah, FL 2020-063 with limitations set forth in related DOR proffered to the City. Property located at 1290 and 1300 West 49th Street, Suite 2, Hialeah, zoned C-2 (Liberal Retail Commercial District) and C-3 (Extended Liberal Commercial District). Applicant: America’s Christian Academy 5. Special Use Permit (SUP) to allow the expansion of the Neighborhood Business District Overlay. Variance permit to allow only residential uses where mixed use is required; allow residential use on the ground floor, where residential use is allowed above ground floor level; allow all residential units with areas ranging from 622 square feet to 832 square feet, where 850 square feet is the minimum required and only 10% of the units may have an area of 600 square feet; allow rear setback of 10 feet, where 15 feet are required; allow 171 parking spaces, where 270 parking spaces are required; allow 14.3% pervious area, where 30% is the minimum required. Property located at 1451 West 29th Street, Hialeah, zoned R-3-3 (Multiple-Family District). Applicant: Javier L. Vazquez, Esq. 6. ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA AMENDING SECTION 98-1630.8 ENTITLED “LIMITED EXPANSION OF NBD OVERLAY DISTRICT REGULATIONS SUBJECT TO SPECIAL USE PERMIT” OF THE CODE OF ORDINANCES OF THE CITY OF HIALEAH IN CHAPTER 98, “ZONING”, ARTICLE V. ENTITLED “ZONING DISTRICT REGULATIONS”, DIVISION 33, NBD NEIGHBORHOOD BUSINESS DISTRICT; TO PROHIBIT EXPANSION OF THE NBD OVERLAY DISTRICT REGULATIONS WITHIN THE HIALEAH HEIGHTS ZONING DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 7. TENTATIVE PLAT OF EMERALD BAY 8. TENTATIVE PLAT OF G P I SUBDIVISION 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. 3 HIALEAH PLANNING AND ZONING BOARD MEETING- FEBRUARY 16 TH, 2022 NEXT PLANNING AND ZONING BOARD MEETING: WEDNESDAY, MARCH 9TH, 2022 AT 6:00 P.M. 4

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