Planning & Zoning Board

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING 2023 LAND USE MAP AMENDMENTS TO THE COMPREHENSIVE PLAN March 29th, 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 6:08 P.M. Invocation and pledge of allegiance. REPORT: Planning and Zoning Board Member, Abdel Jimenez 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. Jimenez, Mr. D. Perez, Mr. Ulloa, Mr. Iglesias, Mr. Casanova & Mrs. Henriquez Absent: Mr. Gamon 1  HIALEAH PLANNING AND ZONING BOARD MEETING- MARCH 29 TH, 2023 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, APRIL 11TH, 2023. LU-1. Small Scale Map Amendment from Industrial to Transit Oriented Development District. Property is located at 1145 East 24th Street, Hialeah, zoned M-1 (Industrial District). Applicant: 1140 E. Owner LLC Planner’s recommendation: Approval REPORT: Debora Storch, Planning and Zoning Director spoke on this item. REPORT: Javier Zayas-Bazan (Owner), 1110 Brickell Avenue, Suite 504, Miami 33131 spoke on this item. Motion to Approve: Mr. Jimenez; Second: Mrs. Henriquez Motion Passed: 6-0-1 with board member Mr. Gamon absent. Item approved LU-2. Small Scale Map Amendment from Low-Density Residential to Medium-Density Residential. Property is located at 455 West 25th Street and 555 West 25th Street, Hialeah, zoned R-3-1 (Multilpe-Family District). Applicant: Alejandro J. Arias, Esq., on behalf of Hialeah Housing Authority Planner’s recommendation: Approval REPORT: Debora Storch, Planning and Zoning Director spoke on this item. REPORT: Alejandro J. Arias, Esq. (Lobbyist), 701 Brickell Avenue, Suite 3300, Miami 33131 spoke on this item. Motion to Approve: Mr. Iglesias; Second: Mr. Casanova Motion Passed: 6-0-1 with board member Mr. Gamon absent. Item approved LU-3. Small Scale Map Amendment from Industrial and Office (MDC) to Industrial. Property is located at 11190 West 40th Avenue, Hialeah, zoned A (Agriculture-MDC Designation). Applicant: Chad Friedman Esq., on behalf of Miami Lakes Storage, LLC Planner’s recommendation: Approval 2  HIALEAH PLANNING AND ZONING BOARD MEETING- MARCH 29 TH, 2023 REPORT: Debora Storch, Planning and Zoning Director spoke on this item. REPORT: Alejandro Uribe, Esq. (Lobbyist), 2800 Ponce de Leon, Suite 1200, Coral Gables 33134 spoke on this item. Motion to Approve: Mr. Jimenez; Second: Mr. Casanova & Mr. Iglesias Motion Passed: 6-0-1 with board member Mr. Gamon absent. Item approved LU-4. Small Scale Map Amendment from Low-Density Residential to Commercial. Property is located at 383 West 35th Street, Hialeah, zoned R-2 (One-and Two-Family Residential District). Applicant: Ceasar Mestre, Esq. Planner’s recommendation: Denial REPORT: Debora Storch, Planning and Zoning Director spoke on this item. REPORT: Ceasar Mestre, Esq. (Lobbyist), 8105 Northwest 155th Street, Miami Lakes 33016 spoke on this item. Motion to Approve: Mr. Jimenez; Second: Mr. Iglesias Motion Passed: 4-2-1 with board members Mrs. Henriquez and Mr. Ulloa voting NO and Mr. Gamon absent. Item approved REPORT: Planning and Zoning Board Chairman, Diego Perez adjourned the meeting at 7:31 P.M. CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING 1. Approval of Planning and Zoning Board Summary Agenda of March 15th, 2023 as submitted. Motion to Approve: Mr. Casanova; Second: Mr. Iglesias Motion Passed: 6-0-1 with board member Mr. Gamon absent. Item approved 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 3  HIALEAH PLANNING AND ZONING BOARD MEETING- MARCH 29 TH, 2023 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 25TH, 2023. 2. Final decision to allow rear setback of 20.2 feet, where 25 feet are required for a proposed aluminum pergola. Property is located at 51 East 60th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Duniesky Dieguez and Alejandro Cruz Solis Planner’s recommendation: Approve with conditions TABLED ITEM FROM MARCH 15TH, 2023 MEETING. Motion to Remove from Tabled: Mr. Casanova; Second: Mr. Iglesias Motion Passed: 6-0-1 with board member Mr. Gamon absent. Motion passed REPORT: Debora Storch, Planning and Zoning Director spoke on this item. REPORT: Manuel Rivera (Contractor), 51 East 60th Street, Hialeah 33013 spoke on this item. Motion to Approve with Conditions: Mr. Iglesias; Second: Mrs. Henriquez Motion Passed: 6-0-1 with board member Mr. Gamon absent. FINAL DECISION NO. 2023-05 Item approved with the condition that the required 30% pervious area is provided. 3. Final decision to allow a rear setback of 14.7 feet, where 20 feet is required for the legalization of an existing addition. Property is located at 8030 West 15th Court, Hialeah, zoned R-1 (One-Family District). Applicant: Mario Figueredo Planner’s recommendation: Approve 14.7 feet rear setback for a building width of 11.78 feet located at the southwest corner of the lot. REPORT: Debora Storch, Planning and Zoning Director spoke on this item. REPORT: Mario Figueredo (Lobbyist), 122 NE 17 Street, Homestead 33030 spoke on this item. Motion to Approve with Conditions: Mr. Casanova; Second: Mr. Iglesias Motion Passed: 6-0-1 with board member Mr. Gamon absent. FINAL DECISION NO. 2023-06 4  HIALEAH PLANNING AND ZONING BOARD MEETING- MARCH 29 TH, 2023 Item approved with the condition that the independent entrance to the terrace area converted into a living area including a bathroom be removed, to avoid the creation of a second living unit in this single-family home. 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 11TH, 2023. 4. Rezoning from M-1 (Industrial District) to TOD (Transit Oriented Development District). Properties are located at 1140 East 25th Street, 1145 East 24th Street, Folio No. 04-3108-005-0032, and Folio No. 04-3108-005-0040, Hialeah, zoned M-1 (Industrial District). Applicant: 1140 E. Owner LLC Planner’s recommendation: Approval REPORT: Debora Storch, Planning and Zoning Director spoke on this item. REPORT: Javier Zayas-Bazan (Owner), 1110 Brickell Avenue, Suite 504, Miami 33131 spoke on this item. REPORT: Gustavo Spokoiny (Architect), 3204 Bird Avenue, Unit 115, Miami 33133 spoke on this item. Motion to Approve: Mr. Jimenez; Second: Mr. Casanova Motion Passed: 6-0-1 with board member Mr. Gamon absent. Item approved 5. Variance permit to allow 2 3 parking spaces, where 16 parking spaces are required; allow back-out parking in a commercial area, where back-out parking is only allowed in Low-Density Residential, and allow a waiver of the landscape requirements. Property is located at 242 West 23rd Street, Hialeah, zoned M-1 (Industrial District). Applicant: Claudio Losada Rodriguez Planner’s recommendation: Approve with conditions REPORT: Debora Storch, Planning and Zoning Director spoke on this item. REPORT: Sara Santos (Lobbyist), 242 West 23rd Street, Hialeah 33010 spoke on this item. Motion to Approve with Conditions: Mr. Iglesias; Second: Mr. Casanova Motion Passed: 6-0-1 with board member Mr. Gamon absent. Item approved with the condition the automated lab operates with a maximum staffing of two employees provided that if the lab, as described, ceases operation then the parking variance will be rescinded and the property will be operated as industrial, as originally conceived. 5  HIALEAH PLANNING AND ZONING BOARD MEETING- MARCH 29 TH, 2023 6. Special Use Permit (SUP) to allow the expansion of the Neighborhood Business District Overlay; Variance permit to allow 45 residential units with an area ranging from 504 to 711 square feet, where 850 square feet is the minimum required and only 10% of the units may have an area less than 850 square feet; allow front setback of 0 feet setback for stoops encroaching into the front setback along East 10th Avenue, where 10 feet built-to-line is required and allow to waive the building mass and building frontage development standards. Property is located at 455 East 10th Avenue, Hialeah, zoned M- 1 (Industrial District). Applicant: Ceasar Mestre, Esq. Planner’s recommendation: Approve with conditions REPORT: Debora Storch, Planning and Zoning Director spoke on this item. REPORT: Ceasar Mestre, Esq. (Lobbyist), 8105 Northwest 155th Street, Miami Lakes 33016 spoke on this item. REPORT: Daniel Alonso (Architect), 1235 Coral Way, Suite 101, Miami 33145 spoke on this item. Motion to Approve with Conditions: Mr. Casanova; Second: Mr. Iglesias Motion Passed: 6-0-1 with board member Mr. Gamon absent. Item approved with the conditions that the property is platted and the ROW is dedicated. MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 7. Old Business. None. 8. New Business. Planning and Zoning Director, Debora Storch announced that on the April 12th, 2023 meeting the board members will need to vote for a Chairman and Vice Chairman. REPORT: Planning and Zoning Board Chairman, Diego Perez adjourned the meeting at 8:14 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, APRIL 12TH, 2023 AT 6:00 P.M. 6