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Planning & Zoning Board

Regular Meeting

Hialeah, FL · March 9, 2022

AgendaMinutes

Minutes

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING March 9th, 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 6:05 P.M. Invocation and pledge of allegiance REPORT: Planning and Zoning Board Member, John Ulloa 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. 1. Roll Call. Present: Mr. Jimenez, Mr. D. Perez, Mr. Ulloa, Mr. Gamon, Mr. Casanova & Mrs. Henriquez Absent: Mr. Iglesias 1 HIALEAH PLANNING AND ZONING BOARD MEETING- MARCH 9 TH, 2022 2. Approval of Planning and Zoning Board Summary Agenda of February 16th, 2022 as submitted. Motion to Approve: Mr. Casanova; Second: Mr. Ulloa Motion Approved: 6-0-1 with board member Mr. Iglesias being absent. 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, APRIL 12TH, 2022. 3. Final decision to allow rear setback of 16.34 feet, where 20 feet are required for addition to be legalized; allow rear setback of 3.15 feet, where 7.5 feet are required and allow interior north side setback of 3.03 feet, where 7.3 feet are required for an existing accessory building to be legalized. Property located at 6447 East 4th Avenue, Hialeah, zoned R-1 (One-Family District). Applicant: Anailys Anoceto Planner’s recommendation: Approve with conditions Motion to Approve: Mr. Ulloa; Second: Mr. Casanova Motion Approved: 6-0-1 with board member Mr. Iglesias being absent. FINAL DECISION NO. 2022-04 Item approved with the condition that the two side doors on the north side of the addition be removed and that a 6 feet opening is provided to connect the house and addition in a manner consistent with a single-family home layout. 4. Final decision to allow rear setback of 9.83 feet, where 20 feet are required for existing terrace to be legalized. Property located at 7105 West 15th Avenue, Hialeah, zoned R-4 (Townhouses). Applicant: Lizvette Hermida Planner’s recommendation: Approval 2 HIALEAH PLANNING AND ZONING BOARD MEETING- MARCH 9 TH, 2022 Motion to Approve: Mr. Casanova; Second: Mr. Jimenez Motion Approved: 6-0-1 with board member Mr. Iglesias being absent. FINAL DECISION NO. 2022-05 Item approved 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 22ND, 2022. 5. Rezoning property from RO (Residential Office) to B-1 (Highly Restricted Retail District). Property located at 301 East 49th Street, Hialeah, zoned RO (Residential Office). Applicant: Manny Reus Planner’s recommendation: Withdraw and readvertise WITHDRAWN 6. Rezoning property from R-1 (One-family District) to P (Parking). Property located at 390 East 43rd Street, Hialeah, zoned R-1 (One-Family District). Applicant: Ricardo Largo Planner’s recommendation: Approval *REPORT: Teresa Mejides-Perez, 322 East 43rd Street, Hialeah, addressed the Planning and Zoning Board in opposition to the approval of this item. *REPORT: Maria Mejides, 625 West 60th Street, Hialeah, addressed the Planning and Zoning Board in opposition to the approval of this item. Motion to Deny: Mr. Ulloa; Second: Mrs. Henriquez Motion failed: 3-3-1 with board member Mr. Iglesias being absent and Mr. Casanova, Mr. Gamon, and Mr. Jimenez voting NO. Motion failed Motion to Table Item: Mr. Ulloa; Second: Mrs. Henriquez Motion Approved: 6-0-1 with board member Mr. Iglesias being absent. Item tabled 7. Special Use Permit (SUP) to allow the expansion of the Neighborhood Business District Overlay for the development of a 27-unit multifamily building. 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 18 residential units with an area of 595 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 7 feet front setback on East 7th Avenue, for encroachment of balconies above the ground floor, where 10 feet built-to-line are required; allow 40 parking spaces, where 61 parking spaces are required and allow 29.6% pervious area, where 30% is the minimum 3 HIALEAH PLANNING AND ZONING BOARD MEETING- MARCH 9 TH, 2022 required. Property located at 40 East 10th Avenue, Hialeah, zoned C-2 (Liberal Retail Commercial District). Applicant: Java Holding Group Inc. Planner’s recommendation: Withdraw and readvertise WITHDRAWN MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 8. TENTATIVE PLAT OF HIALEAH LAS BRISAS Planner’s recommendation: Approval Motion to Approve: Mr. Ulloa; Second: Mr. Casanova Motion Approved: 6-0-1 with board member Mr. Iglesias being absent. Item approved 9. Old Business. None. 10. New Business. Planning and Zoning Chairman, Diego Perez welcomed new board member Abdel Jimenez. REPORT: Planning and Zoning Board Chairman, Diego Perez adjourned the meeting at 7:32 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 23RD, 2022 AT 6:00 P.M. 4

Agenda

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING March 9th, 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. 1. Roll Call. 2. Approval of Planning and Zoning Board Summary Agenda of February 16th, 2022 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- MARCH 9 TH, 2022 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, APRIL 12TH, 2022. 3. Final decision to allow rear setback of 16.34 feet, where 20 feet are required for addition to be legalized; allow rear setback of 3.15 feet, where 7.5 feet are required and allow interior north side setback of 3.03 feet, where 7.3 feet are required for an existing accessory building to be legalized. Property located at 6447 East 4th Avenue, Hialeah, zoned R-1 (One-Family District). Applicant: Anailys Anoceto 4. Final decision to allow rear setback of 9.83 feet, where 20 feet are required for existing terrace to be legalized. Property located at 7105 West 15th Avenue, Hialeah, zoned R-4 (Townhouses). Applicant: Lizvette Hermida 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 22ND, 2022. 5. Rezoning property from RO (Residential Office) to B-1 (Highly Restricted Retail District). Property located at 301 East 49th Street, Hialeah, zoned RO (Residential Office). Applicant: Manny Reus 6. Rezoning property from R-1 (One-family District) to P (Parking). Property located at 390 East 43rd Street, Hialeah, zoned R-1 (One-Family District). Applicant: Ricardo Largo 7. Special Use Permit (SUP) to allow the expansion of the Neighborhood Business District Overlay for the development of a 27-unit multifamily building. 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 18 residential units with an area of 595 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 7 feet front setback on East 7th Avenue, for encroachment of balconies above the ground floor, where 10 feet built-to-line are required; allow 40 parking spaces, where 61 parking spaces are required and allow 29.6% pervious area, where 30% is the minimum required. Property located at 40 East 10th Avenue, Hialeah, zoned C-2 (Liberal Retail Commercial District). Applicant: Java Holding Group Inc. 2 HIALEAH PLANNING AND ZONING BOARD MEETING- MARCH 9 TH, 2022 MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 8. TENTATIVE PLAT OF HIALEAH LAS BRISAS 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, MARCH 23RD, 2022 AT 6:00 P.M. 3

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