Planning & Zoning Board

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING January 11th, 2023 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. Ulloa, Mr. Iglesias, Mr. Casanova, Mr. Jimenez & Mrs. Henriquez 1  HIALEAH PLANNING AND ZONING BOARD MEETING- JANUARY 11 TH, 2023 2. Approval of Planning and Zoning Board Summary Agenda of December 14th, 2022 as submitted. Motion to Approve: Mr. Ulloa; Second: Mr. Casanova Motion Passed: 7-0 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, FEBRUARY 14TH, 2023. 3. Final decision to allow interior west side setback of 3 feet, where 6 feet are required for the legalization of a pergola. Property is located at 120 East 53rd Terrace, Hialeah, zoned R-1 (One-Family District). Applicant: Nataly Ortega Planner’s recommendation: Approve with conditions REPORT: Nataly Ortega, 120 East 53rd Terrace, Hialeah, Florida 33014, addressed the Planning and Zoning Board through zoom. Motion to Approve with Conditions: Mr. Iglesias & Mr. Gamon; Second: Mr. Casanova Motion Passed: 7-0 FINAL DECISION NO. 2023-01 Item approved with the condition that the pergola remains an open-air structure and cannot be converted into a detached habitable addition. 4. Final decision to allow rear setback of 18.75 feet, where 20 feet are required for the legalization of an addition. Property is located at 875 East 8th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Dayan Daniel Gonzalez Florin Planner’s recommendation: Approve with conditions 2  HIALEAH PLANNING AND ZONING BOARD MEETING- JANUARY 11 TH, 2023 REPORT: Dayan Daniel Gonzalez Florin, 875 East 8th Street, Hialeah, Florida 33010, addressed the Planning and Zoning Board. REPORT: Ariel Morales, 1378 West, Hialeah, Florida 33010, addressed the Planning and Zoning Board. Motion to Approve with Conditions: Mr. Iglesias; Second: Mr. Casanova Motion Passed: 7-0 FINAL DECISION NO. 2023-02 Item approved with the conditions that no exterior doors are to be added to the gym and that the property will continue to abide by the 30 percent drainage requirements once the work is completed. 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, JANUARY 24TH, 2023. 5. Rezoning properties from R-1 (One-Family District) to R-3-3 (Multiple-Family District); granting a Special Use Permit (SUP) to allow the expansion of the Neighborhood Business District Overlay; and granting a variance permit to allow only residential uses, where a vertical mix of uses is required; allow residential use on the ground floor, where residential uses are only allowed above the ground level; allow front setback of 3 feet fronting East 6th Avenue,7.25 feet fronting East 26th Street and 8.00 feet fronting East 27th Street, where 10 feet built-to-line are required; allow a 10-foot interior side setback, where 15 feet are required; allow 26.2% pervious area, where 30% pervious area is the minimum required; and allow 56 parking spaces, where 63 parking spaces are required. Properties are located at 585 East 26th Street, 591 East 26th Street, 595 East 26th Street, Folio No. 04-3108-001-2570 and 04-3108-001-2580, Hialeah, zoned R-1 (One-Family District). Applicant: Alejandro J. Arias, Esq. on behalf of Caribbean Cat Corp. and Jordani Properties, LLC. Planner’s recommendation: Approval TABLED ITEM FROM DECEMBER 14TH, 2022 MEETING. Motion to Remove Item from Tabled: Mr. Ulloa; Second: Mr. Iglesias & Mr. Gamon Motion Passed: 7-0 Item removed from tabled REPORT: Alessandria San Roman, Esq., 701 Brickell Avenue, Suite 3300 Miami, Florida 33131, addressed the Planning and Zoning Board. REPORT: Manny Reus, 18501 Pines Boulevard, Suite 342, Pembroke Pines, Florida 33029, addressed the Planning and Zoning Board. Motion to Approve: Mr. Casanova & Mr. Jimenez; Second: Mr. Iglesias Motion Passed: 7-0 3  HIALEAH PLANNING AND ZONING BOARD MEETING- JANUARY 11 TH, 2023 Item approved 6. 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 5. “USES” CREATING SUBDIVISION XIV ENTITLED “PRIVATE SCHOOLS”. 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. Gamon; Second: Mr. Casanova Motion Passed: 7-0 Item approved MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 7. Old Business. None. 8. New Business. Zoning Hearing Specialist, Yiselis Gato wished board member Abdel Jimenez a Happy Birthday. REPORT: Planning and Zoning Board Chairman, Diego Perez adjourned the meeting at 6:51 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 25TH, 2023 AT 6:00 P.M. 4