Planning & Zoning Board

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING October 26th, 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 6:10 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, Mr. Casanova & Mr. Ulloa Late: Mrs. Henriquez arrived at 6:22 P.M. 1  HIALEAH PLANNING AND ZONING BOARD MEETING- OCTOBER 26TH, 2022 2. Approval of Planning and Zoning Board Summary Agenda of October 12th, 2022 as submitted. Motion to Approve: Mr. Casanova; Second: Mr. Iglesias Motion Passed: 6-0-1 with board member Mrs. Henriquez 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. Petition to close, vacate and abandon for public use the right-of-way located on SE 10th Court between SE 10th Street and SE 11th Street. Applicant: Alejandro J. Arias, Esq. on behalf of Marchelli Enterprises, Inc. Planner’s recommendation: Approval Motion to Approve: Mr. Iglesias; Second: Mr. Gamon Motion Passed: 7-0 Item approved 4. Rezoning property from R-1 (One-Family District) to R-2 (One-and Two-Family Residential District), 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 and allow 20 feet front setback, where 25 feet are required. Property is located at 830 East 16th Place, Hialeah, zoned R-1 (One-Family District). Applicant: Elier Martin Planner’s recommendation: Table the item. Motion to Table Item: Mr. Casanova; Second: Mr. Iglesias Motion Passed: 6-0-1 with board member Mrs. Henriquez absent. Item tabled 2  HIALEAH PLANNING AND ZONING BOARD MEETING- OCTOBER 26TH, 2022 5. Rezoning from M-1 (Industrial District) to C-3 (Extended Liberal Commercial District) for the retrofit of an industrial building into a commercial building and variance permit to allow 26 parking spaces (19 off-street parking spaces and 7 on-street parking spaces), where 140 parking spaces are required; allow a partial waiver of minimum landscaping requirements allowing 9 trees, where 22 trees are required, waiving the 7 foot landscape buffer requirement along West 74th Place and allowing 3.11% pervious area, where 30% pervious area is required. Property located at 7445 West 4th Avenue, Hialeah, zoned M-1 (Industrial District). Applicant: Alejandro J. Arias, Esq. on behalf of Feuer Family 2 LLC Planner’s recommendation: Withdraw to be readvertised. WITHDRAWN 6. Variance to allow an LED pylon sign outside of the geographic area where LED signs are allowed and allow a distance of 60 feet from residential properties, where LED signs shall be placed at a distance of no less than a 300-foot radius from residential properties. Property is located at 2590 West 76th Street, Hialeah, zoned R-1 (One-Family District). Applicant: City of Hialeah Education Academy, Inc. Planner’s recommendation: Approve with conditions. Motion to Approve with Conditions: Mr. Iglesias; Second: Mr. Gamon & Mr. Ulloa Motion Passed: 7-0 Item approved with the condition that the illumination intensity gets reduced at night time. 7. Variance permit to allow a duplex on a substandard lot with 50 feet frontage and area of 6,750 square feet, where frontage of 75 feet and area of 7,500 square feet are required; allow 21.25 feet front setback, where 25 feet are required; allow 4.79 feet rear setback, where 25 feet are required and 5.95 east side setback, where 7.5 feet are required for garage to be converted into a second living unit; allow 3 feet west side setback for terrace to be legalized and allow west side setback of 2.35 feet, where 3 feet are required for a 96 square feet shed to be legalized. Property is located at 317 East 13th Street, Hialeah, zoned R-2 (One-and Two-Family Residential District). Applicant: Valeska Reyes Planner’s recommendation: Approve with conditions. Motion to Approve with Conditions: Mr. Jimenez; Second: Mr. Gamon & Mr. Casanova Motion Passed: 7-0 Item approved with the condition that the terrace remains open on three sides. 8. Conditional Use Permit (CUP) to allow a k-3rd grade elementary school with a maximum capacity of 27-children to be dropped off and picked up in 3 shifts in conjunction with a 14-children daycare and a total of 5 staff members and variance permit to allow 6 parking spaces, where 9 parking spaces are required. Property is located at 367 West 29th Street, Hialeah, zoned C-2 (Liberal Retail Commercial District). Applicant: Ceasar Mestre, Esq. 3  HIALEAH PLANNING AND ZONING BOARD MEETING- OCTOBER 26TH, 2022 Planner’s recommendation: Approve with conditions. Motion to Approve with Conditions: Mr. Jimenez; Second: Mr. Gamon & Mr. Casanova Motion Passed: 7-0 Item approved with the condition that three, no overlapping shifts for the school are provided, that the daycare schedule will not coincide with the elementary school drop- off and pick-up times, that school personnel will assist in the drop-off/pick-up process, that the drop-off area will remain clear at all times, that teachers and staff will not exceed 5, that the daycare is limited to 14 children and that the school maximum capacity is limited to 27 students. The applicant shall also acknowledge that the after- school/tutoring business is independent from the school operation. The parking variance could be approved with the condition that the existing parking is assigned to teachers and staff and that no parking of any duration is allowed at the circular driveway designated for drop-off. 9. ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, AMENDING THE HIALEAH CODE OF ORDINANCES CHAPTER 98, ENTITLED “ZONING”, ARTICLE VI. “SUPPLEMENTARY DISTRICT REGULATIONS”, DIVISION 11. “LANDSCAPING”; AMENDING AND RETITLING §98-2231 “PURPOSE.”, §98-2232 “LANDSCAPING REQUIREMENT”, §98-2233 “IRRIGATION”, AND §98-2234 “LANDSCAPING AND IRRIGATION CERTIFICATION AND RECERTIFICATION FOR RESIDENTIAL-OFFICE, COMMERCIAL, INDUSTRIAL PROPERTIES, AND MULTI-FAMILY DEVELOPMENTS”; AND CREATING SECTIONS §98-2235 “WAIVER OF MINIMUM LANDSCAPE REQUIREMENTS; LANDSCAPE MITIGATION.”, §98- 2236 “RENOVATION AND REMODELING OF RESIDENTIAL-OFFICE, MULTIPLE FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS; SUPPLEMENTAL LANDSCAPING”, AND §98-2237 “FEES” REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Motion to Approve: Mr. Iglesias; Second: Mr. Gamon Motion Passed: 7-0 Item approved MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 10. Old Business. None. 11. New Business. None. REPORT: Planning and Zoning Board Chairman, Diego Perez adjourned the meeting at 7:03 P.M. 4  HIALEAH PLANNING AND ZONING BOARD MEETING- OCTOBER 26TH, 2022 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 9TH, 2022 AT 6:00 P.M. 5