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Planning & Zoning Board

Regular Meeting

Hialeah, FL · April 26, 2023

AgendaMinutes

Minutes

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING 2023 LAND USE MAP AMENDMENTS TO THE COMPREHENSIVE PLAN April 26th, 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 6:16 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. Roll Call. Present: Mr. Jimenez, Mr. D. Perez, Mr. Ulloa, Mr. Iglesias, Mrs. Henriquez & Mr. Gamon Late: Mr. Jimenez arrived at 6:21 P.M. 1 HIALEAH PLANNING AND ZONING BOARD MEETING- APRIL 26TH, 2023 Absent: Mr. Casanova 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, MAY 9TH, 2023. LU-1. Small Scale Map Amendment from Low-Density Residential to Transit Oriented Development District. Properties are located at 901 East 27th Street, 921 East 27th Street, 931 East 27th Street, 941 East 27th Street, 951 East 27th Street, 957 East 27th Street, 967 East 27th Street, 971 East 27th Street, 981 East 27th Street, 991 East 27th Street, 902 East 28th Street,912 East 28th Street, 922 East 28th Street, 932 East 28th Street, 952 East 28th Street, 962 East 28th Street, 972 East 28th Street, 982 East 28th Street, 992 East 28th Street and 2740 East 10th Avenue, Hialeah, zoned R-1 (One-Family District). Applicant: Tomas Vasquez Planner’s recommendation: Approval REPORT: Debora Storch, Planning and Zoning Director spoke on this item. REPORT: Carlos L. Diaz, Esq. (Lobbyist), 333 SE 2 Avenue, Floor 44, Miami 33131 spoke on this item. REPORT: Amelia Diaz Bencomo, 979 East 29th Street, Hialeah 33013 addressed the Planning and Zoning Board with questions about the proposed project. Motion to Approve: Mr. Iglesias; Second: Mrs. Henriquez Motion Passed: 6-0-1 with board member Mr. Casanova absent. Item approved LU-2. Small Scale Map Amendment from Low-Density Residential and High-Density Residential to Transit Oriented Development District. Properties are located at 965 East 24th Street, 975 East 24th Street, 981 East 24th Street, 991 East 24th Street and 997 East 24th Street, Hialeah, zoned R-1 (One-Family District) and R-3-4 (Multiple-Family District). Applicant: Carlos L. Diaz, Esq. Planner’s recommendation: Approval REPORT: Debora Storch, Planning and Zoning Director spoke on this item. REPORT: Carlos L. Diaz, Esq. (Lobbyist), 333 SE 2 Avenue, Floor 44, Miami 33131 spoke on this item. 2 HIALEAH PLANNING AND ZONING BOARD MEETING- APRIL 26TH, 2023 REPORT: Raul Marinez, 947 East 24th Street, and 953 East 24th Street, Hialeah 33013 addressed the Planning and Zoning Board with questions and concerns about the proposed project. Motion to Approve: Mrs. Henriquez; Second: Mr. Gamon & Mr. Iglesias Motion Passed: 6-0-1 with board member Mr. Casanova absent. Item approved REPORT: Planning and Zoning Board Chairman, Diego Perez adjourned the meeting at 6:36 P.M. CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING REPORT: Planning and Zoning Board Chairman, Diego Perez called the meeting to order at 6:36 P.M. 1. Approval of Planning and Zoning Board Summary Agenda of April 12th, 2023 as submitted. Motion to Approve: Mrs. Henriquez; Second: Mr. Ulloa Motion Passed: 6-0-1 with board member Mr. Casanova 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 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, MAY 9TH, 2023. 2. Rezoning properties from R-1 (One-Family District) to TOD (Transit Oriented Development District). Properties are located at 901 East 27th Street, 921 East 27th Street, 931 East 27th Street, 941 East 27th Street, 951 East 27th Street, 957 East 27th Street, 967 East 27th Street, 971 East 27th Street, 981 East 27th Street, 991 East 27th Street, 902 East 28th Street,912 East 28th Street, 922 East 28th Street, 932 East 28th Street, 952 East 28th Street, 962 East 28th Street, 972 East 28th Street, 982 East 28th 3 HIALEAH PLANNING AND ZONING BOARD MEETING- APRIL 26TH, 2023 Street, 992 East 28th Street, and 2740 East 10th Avenue, Hialeah, zoned R-1 (One- Family District). Applicant: Tomas Vasquez Planner’s recommendation: Approval REPORT: Debora Storch, Planning and Zoning Director spoke on this item. REPORT: Carlos L. Diaz, Esq. (Lobbyist), 333 SE 2 Avenue, Floor 44, Miami, Florida 33131 spoke on this item. REPORT: Raul Marinez, 947 East 24th Street, and 953 East 24th Street, Hialeah, Florida 33013 addressed the Planning and Zoning Board with questions and concerns about the proposed project. Motion to Approve: Mr. Ulloa; Second: Mr. Iglesias Motion Passed: 6-0-1 with board member Mr. Casanova absent. Item approved 3. Rezoning properties from R-1 (One-Family District), R-3-4 (Multiple-Family District), and C-1 (Restricted Retail Commercial District) to TOD (Transit Oriented Development District). Variance permit to allow a maximum building height of 10 stories, where 8 stories is the maximum allowed. Properties are located at 965 East 24th Street, 975 East 24th Street, 981 East 24th Street, 991 East 24th Street, 997 East 24th Street, 934 East 25th Street, and 954 East 25th Street, Hialeah, zoned R-1 (One-Family District), R-3-4 (Multiple-Family District), and C-1 (Restricted Retail Commercial District). Applicant: Carlos L. Diaz, Esq. Planner’s recommendation: Approval REPORT: Debora Storch, Planning and Zoning Director spoke on this item. REPORT: Carlos L. Diaz, Esq. (Lobbyist), 333 SE 2 Avenue, Floor 44, Miami, Florida 33131 spoke on this item. Motion to Approve: Mr. Iglesias; Second: Mrs. Henriquez Motion Passed: 6-0-1 with board member Mr. Casanova absent. Item approved 4. Rezoning 390 East 43rd Street from R-1 (One-Family District) to P (Parking) for the construction of a new parking lot to serve the existing restaurant located at 4290 East 4th Avenue and rezoning of property with folio no. 04-3106-009-0040 from R-1 (One-Family District) to C-1 (Restricted Retail Commercial District) to make the zoning consistent with the existing land use. Variance permit to allow 27 parking spaces, where 38 parking spaces are required related to the proposed expansion of the existing restaurant. Properties are located at 390 East 43rd Street, 4290 East 4th Avenue, and Folio no. 04-3106-009-0040, Hialeah, zoned R-1 (One-Family District) and C-1 (Restricted Retail Commercial District). Applicant: Ricardo Largo 4 HIALEAH PLANNING AND ZONING BOARD MEETING- APRIL 26TH, 2023 Planner’s recommendation: Approval REPORT: Debora Storch, Planning and Zoning Director spoke on this item. REPORT: John C. Lukacs, Esq. (Lobbyist), 2655 South Lejuene Road, Suite 1011, Coral Gables, Florida 33134 spoke on this item. REPORT: David Perez, 322 East 43rd Street, Hialeah, Florida 33013, addressed the Planning and Zoning Board in opposition to the approval of this item. REPORT: Fernando O. Coipel, 3760 East 6th Avenue, Hialeah, Florida 33013, addressed the Planning and Zoning Board in opposition to the approval of this item. REPORT: Teresa Mejides-Perez, 322 East 43rd Street, Hialeah, Florida 33013, addressed the Planning and Zoning Board in opposition to the approval of this item. REPORT: Maria Mejides, 625 West 60th Street, Hialeah, Florida 33012, addressed the Planning and Zoning Board in opposition to the approval of this item. Motion to Approve with Conditions: Mr. Jimenez; Second: Mr. Iglesias & Mr. Gamon Motion Passed: 5-1-1 with board member Mr. Ulloa voting NO and Mr. Casanova absent. Item approved with the following conditions: 1. Owner to comply with the signage required by the City of Hialeah Streets Division. 2. Owner is to have a traffic control person on site to facilitate access and parking. 3. Deliveries shall be limited to off-peak hours between 8:30 a.m., and 12:00 noon Monday through Friday. No deliveries on weekends. 4. Owner is to provide closed commercial-grade garbage cans on site for patrons’ use. 5. There shall be no street–sidewalk vendors, nor sidewalk-boxed fruit/vegetable containers. 6. Parking lots are to be closed after business hours with a chain restraint, fence, or the like to deter/prevent entry after hours. 7. Owner shall install landscaping along the inside of the 8’ privacy wall to be constructed along the westerly boundary of the property. 8. There shall be no outdoor cleaning of pots and pans; gas pressure washers shall not be used after business hours. Electric pressure washers shall be used whenever possible. 9. Personnel shall be attentive to maintaining the cleanliness of the exterior of the premises. MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 5. Old Business. None. 6. New Business. None. 5 HIALEAH PLANNING AND ZONING BOARD MEETING- APRIL 26TH, 2023 REPORT: Planning and Zoning Board Chairman, Diego Perez adjourned the meeting at 9:03 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, MAY 10TH, 2023 AT 6:00 P.M. 6

Agenda

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING 2023 LAND USE MAP AMENDMENTS TO THE COMPREHENSIVE PLAN April 26th, 2023 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. Roll Call. 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. 1 HIALEAH PLANNING AND ZONING BOARD MEETING- APRIL 26 TH, 2023 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, MAY 9TH, 2023. LU-1. Small Scale Map Amendment from Low-Density Residential to Transit Oriented Development District. Properties are located at 901 East 27th Street, 921 East 27th Street, 931 East 27th Street, 941 East 27th Street, 951 East 27th Street, 957 East 27th Street, 967 East 27th Street, 971 East 27th Street, 981 East 27th Street, 991 East 27th Street, 902 East 28th Street,912 East 28th Street, 922 East 28th Street, 932 East 28th Street, 952 East 28th Street, 962 East 28th Street, 972 East 28th Street, 982 East 28th Street, 992 East 28th Street and 2740 East 10th Avenue, Hialeah, zoned R-1 (One-Family District). Applicant: Tomas Vasquez LU-2. Small Scale Map Amendment from Low-Density Residential and High-Density Residential to Transit Oriented Development District. Properties are located at 965 East 24th Street, 975 East 24th Street, 981 East 24th Street, 991 East 24th Street and 997 East 24th Street, Hialeah, zoned R-1 (One-Family District) and R-3-4 (Multiple-Family District). Applicant: Carlos L. Diaz, Esq. CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING 1. Approval of Planning and Zoning Board Summary Agenda of April 12th, 2023 as submitted. 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, MAY 9TH, 2023. 2 HIALEAH PLANNING AND ZONING BOARD MEETING- APRIL 26 TH, 2023 2. Rezoning properties from R-1 (One-Family District) to TOD (Transit Oriented Development District). Properties are located at 901 East 27th Street, 921 East 27th Street, 931 East 27th Street, 941 East 27th Street, 951 East 27th Street, 957 East 27th Street, 967 East 27th Street, 971 East 27th Street, 981 East 27th Street, 991 East 27th Street, 902 East 28th Street,912 East 28th Street, 922 East 28th Street, 932 East 28th Street, 952 East 28th Street, 962 East 28th Street, 972 East 28th Street, 982 East 28th Street, 992 East 28th Street, and 2740 East 10th Avenue, Hialeah, zoned R-1 (One- Family District). Applicant: Tomas Vasquez 3. Rezoning properties from R-1 (One-Family District), R-3-4 (Multiple-Family District), and C-1 (Restricted Retail Commercial District) to TOD (Transit Oriented Development District). Variance permit to allow a maximum building height of 10 stories, where 8 stories is the maximum allowed. Properties are located at 965 East 24th Street, 975 East 24th Street, 981 East 24th Street, 991 East 24th Street, 997 East 24th Street, 934 East 25th Street, and 954 East 25th Street, Hialeah, zoned R-1 (One-Family District), R-3-4 (Multiple-Family District), and C-1 (Restricted Retail Commercial District). Applicant: Carlos L. Diaz, Esq. 4. Rezoning 390 East 43rd Street from R-1 (One-Family District) to P (Parking) for the construction of a new parking lot to serve the existing restaurant located at 4290 East 4th Avenue and rezoning of property with folio no. 04-3106-009-0040 from R-1 (One- Family District) to C-1 (Restricted Retail Commercial District) to make the zoning consistent with the existing land use. Variance permit to allow 27 parking spaces, where 38 parking spaces are required related to the proposed expansion of the existing restaurant. Properties are located at 390 East 43rd Street, 4290 East 4th Avenue, and Folio no. 04-3106-009-0040, Hialeah, zoned R-1 (One-Family District) and C-1 (Restricted Retail Commercial District). Applicant: Ricardo Largo MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 5. Old Business. 6. 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, MAY 10TH, 2023 AT 6:00 P.M. 3

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