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Planning & Zoning Board

Regular Meeting

Hialeah, FL · October 12, 2022

AgendaMinutes

Minutes

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING October 12th, 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 6:07 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. 1. Roll Call. Present: Mr. Gamon, Mr. D. Perez, Mr. Jimenez, Mr. Iglesias Absent: Mrs. Henriquez Late: Mr. Ulloa arrived at 6:49 P.M. 1 HIALEAH PLANNING AND ZONING BOARD MEETING- OCTOBER 12 TH, 2022 2. Approval of Planning and Zoning Board Summary Agenda of September 21st, 2022 as submitted. Motion to Approve: Mr. Casanova; Second: Mr. Iglesias Motion Passed: 5-0-2 with board members Mrs. Henriquez and Mr. Ulloa 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, NOVEMBER 8TH, 2022. 3. Final decision to allow interior east side setback of 5.1 feet and interior west side setback of 5 feet, where 6 feet are required for existing addition to be legalized. Property located at 975 East 1st Street, Hialeah, zoned R-1 (One-Family District). Applicant: Rodolfo Perez and Paula Mansito Planner’s recommendation: Approve with conditions Motion to Approve with Conditions: Mr. Iglesias; Second: Mr. Casanova Motion Passed: 5-0-2 with board members Mrs. Henriquez and Mr. Ulloa absent. FINAL DECISION NO. 2022-14 Item approved with the condition that the legalization gets completed within 18 months. 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 25TH, 2022. 4. Rezoning property from RO (Residential Office) to B-1 (Highly Restricted Retail District). Special Use Permit (SUP) to allow a pharmaceutical research center and variance permit to allow front setback of 5 feet, where 20 feet are required, and allow 17 parking spaces, where 19 parking spaces are required. Property located at 355 West 49th Street, Hialeah, zoned RO (Residential Office). Applicant: Felix M. Lasarte, Esq. 2 HIALEAH PLANNING AND ZONING BOARD MEETING- OCTOBER 12 TH, 2022 Planner’s recommendation: Approve with limitations and scheduling management conditions. Motion to Approve with Conditions: Mr. Casanova; Second: Mr. Iglesias Motion Passed: 5-0-2 with board members Mrs. Henriquez and Mr. Ulloa absent. Item approved with the condition that the number of staff and patients is limited as proffered and that the scheduling of patients is managed so that parking demand is fulfilled within the site. The applicant will provide a Declaration of Restrictive Covenants. 5. Rezoning property from R-1 (One-Family District) to (One-and Two-Family Residential District) and variance permit to allow a duplex on a substandard lot having a frontage of 60 feet and a total lot area of 6,000 square feet, where 75 feet frontage and 7,500 square feet is the minimum required. Property located at 830 East 16th Place, Hialeah, zoned R- 1 (One-Family District). Applicant: Elier Martin Planner’s recommendation: Withdraw to be re-advertised WITHDRAWN 6. Rezoning property from R-1 (One-Family District) to R-3-5 (Multiple-Family District) and variance permit to allow the construction of a multi-family building on a substandard lot having a frontage of 50 feet and a total lot area of 7,463 square feet, where 75 feet frontage and 7,500 square feet is the minimum required; allow front setback of 10.5 feet, where 25 feet is the minimum required; allow east side setback of 4 feet and west side setback of 7 feet, where 10 feet is the minimum required respectively and to allow 23% pervious area, where 30% pervious is the minimum required. Property located at 350 East 40th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Suny Comfort Home, LLC Planner’s recommendation: Approval Motion to Approve: Mr. Iglesias; Second: Mr. Casanova Motion Passed: 5-0-2 with board members Mrs. Henriquez and Mr. Ulloa absent. Item approved 7. Variance permit to allow 24 backout parking spaces, where 56 parking spaces are required and backout parking spaces are only allowed in residential zoned areas; allow 1.7% pervious area, where 10% pervious area is the minimum required, and allow a waiver of minimum landscape requirements for the legalization of an existing restaurant. Property located at 5881 NW 37th Avenue, Hialeah, zoned M-2 (Industrial District). Applicant: EFCO Investments, LLC Planner’s recommendation: Approve with conditions Motion to Approve with Conditions: Mr. Jimenez; Second: Mr. Iglesias Motion Passed: 5-0-2 with board members Mrs. Henriquez and Mr. Ulloa absent. 3 HIALEAH PLANNING AND ZONING BOARD MEETING- OCTOBER 12 TH, 2022 Item approved with the condition that the restaurant’s front area along NW 37th Street is improved with landscaping and drainage and a deal is reached with FDOT to improve the swale area along NW 59th Street and utilize the area for parking. MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 8. FINAL PLAT OF COUNTYLINE CORPORATE PARK NORTH Planner’s recommendation: Approval Motion to Approve: Mr. Iglesias; Second: Mr. Casanova Motion Passed: 6-0-1 with board member Mrs. Henriquez absent. 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 second Planning and Zoning Board meeting of November due to Thanksgiving which this year lands on November 23rd, 2022. Motion to Cancel Meeting: Mr. Iglesias; Second: Mr. Casanova and Mr. UIloa Motion Approved: 6-0-1 with board member Mrs. Henriquez absent. Motion passed REPORT: Planning and Zoning Board Chairman, Diego Perez adjourned the meeting at 7:06 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, OCTOBER 26TH, 2022 AT 6:00 P.M. 4

Agenda

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING October 12th, 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 September 21st, 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- OCTOBER 12 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, NOVEMBER 8TH, 2022. 3. Final decision to allow interior east side setback of 5.1 feet and interior west side setback of 5 feet, where 6 feet are required for existing addition to be legalized. Property located at 975 East 1st Street, Hialeah, zoned R-1 (One-Family District). Applicant: Rodolfo Perez and Paula Mansito 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 25TH, 2022. 4. Rezoning property from RO (Residential Office) to B-1 (Highly Restricted Retail District). Special Use Permit (SUP) to allow a pharmaceutical research center and variance permit to allow front setback of 5 feet, where 20 feet are required, and allow 17 parking spaces, where 19 parking spaces are required. Property located at 355 West 49th Street, Hialeah, zoned RO (Residential Office). Applicant: Felix M. Lasarte, Esq. 5. Rezoning property from R-1 (One-Family District) to (One-and Two-Family Residential District) and variance permit to allow a duplex on a substandard lot having a frontage of 60 feet and a total lot area of 6,000 square feet, where 75 feet frontage and 7,500 square feet is the minimum required. Property located at 830 East 16th Place, Hialeah, zoned R- 1 (One-Family District). Applicant: Elier Martin 6. Rezoning property from R-1 (One-Family District) to R-3-5 (Multiple-Family District) and variance permit to allow the construction of a multi-family building on a substandard lot having a frontage of 50 feet and a total lot area of 7,463 square feet, where 75 feet frontage and 7,500 square feet is the minimum required; allow front setback of 10.5 feet, where 25 feet is the minimum required; allow east side setback of 4 feet and west side setback of 7 feet, where 10 feet is the minimum required respectively and to allow 23% pervious area, where 30% pervious is the minimum required. Property located at 350 East 40th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Suny Comfort Home, LLC 7. Variance permit to allow 24 backout parking spaces, where 56 parking spaces are required and backout parking spaces are only allowed in residential zoned areas; allow 1.7% pervious area, where 10% pervious area is the minimum required, and allow a waiver of minimum landscape requirements for the legalization of an existing restaurant. Property located at 5881 NW 37th Avenue, Hialeah, zoned M-2 (Industrial District). 2 HIALEAH PLANNING AND ZONING BOARD MEETING- OCTOBER 12 TH, 2022 Applicant: EFCO Investments, LLC MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 8. FINAL PLAT OF COUNTYLINE CORPORATE PARK NORTH 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, OCTOBER 26TH, 2022 AT 6:00 P.M. 3

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