Planning & Zoning Board

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING 2023 LAND USE MAP AMENDMENTS TO THE COMPREHENSIVE PLAN August 9th, 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 6:05 P.M. Invocation and pledge of allegiance. REPORT: Planning and Zoning Board Vice Chairwoman, Julissa Henriquez 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. D. Perez, Mr. Gamon, Mr. Iglesias, Mrs. Henriquez Absent: Mr. Jimenez, Mr. Casanova, and Mr. Ulloa 1  HIALEAH PLANNING AND ZONING BOARD MEETING- AUGUST 9TH, 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, AUGUST 22ND, 2023. LU-1. Small Scale Map Amendment from Low-Density Residential to Transit-Oriented Development District. Properties are located at 901 East 28th Street, 915 East 28th Street, 923 East 28th Street, 929 East 28th Street, 941 East 28th Street, 961 East 28th Street, 971 East 28th Street, 981 East 28th Street, 991 East 28th Street, 910 East 29th Street, 920 East 29th Street, 930 East 29th Street, 940 East 29th Street, 950 East 29th Street, 960 East 29th Street, 976 East 29th Street, 990 East 29th Street, 998 East 29th Street, and 2861 East 9th Avenue, Hialeah, zoned R-1 (One-Family District) Applicant: Tomas Vasquez Planner’s recommendation: Approval REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Carlos L. Diaz, 333 S.E. 2nd Avenue, Miami, Florida 33131, addressed the Planning and Zoning Board. REPORT: Emilio Morales, 861 East 32nd Street, Hialeah, 33013 addressed the Planning and Zoning Board with questions and concerns. Motion to Approve: Mr. Iglesias; Second: Mr. Gamon Motion Passed: 4-0-3 with board members Mr. Jimenez, Mr. Casanova, and Mr. Ulloa absent. Item approved REPORT: Planning and Zoning Board Chairman, Diego Perez adjourned the meeting at 6:20 P.M. CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING REPORT: Planning and Zoning Board Chairman, Diego Perez called the meeting to order at 6:21 P.M. 1. Approval of Planning and Zoning Board Summary Agenda of June 28th, 2023 as submitted. 2  HIALEAH PLANNING AND ZONING BOARD MEETING- AUGUST 9TH, 2023 Motion to Approve: Mr. Iglesias; Second: Mr. Gamon Motion Passed: 4-0-3 with board members Mr. Jimenez, Mr. Casanova, and Mr. Ulloa 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, AUGUST 22ND, 2023. 2. Rezoning properties from R-1 (One-Family District) to TOD (Transit-Oriented Development District). Properties located at 901 East 28th Street, 915 East 28th Street, 923 East 28th Street, 929 East 28th Street, 941 East 28th Street, 961 East 28th Street, 971 East 28th Street, 981 East 28th Street, 991 East 28th Street, 910 East 29th Street, 920 East 29th Street, 930 East 29th Street, 940 East 29th Street, 950 East 29th Street, 960 East 29th Street, 976 East 29th Street, 990 East 29th Street, 998 East 29th Street, and 2861 East 9th Avenue, Hialeah, zoned R-1 (One-Family District). Applicant: Tomas Vasquez Planner’s recommendation: Approval REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Carlos L. Diaz, 333 S.E. 2nd Avenue, Miami, Florida 33131, addressed the Planning and Zoning Board. REPORT: Jesse Jones, 1082 East 21st Street, Hialeah, 33013 addressed the Planning and Zoning Board with questions and concerns. Motion to Approve: Mr. Iglesias; Second: Mrs. Henriquez Motion Passed: 4-0-3 with board members Mr. Jimenez, Mr. Casanova, and Mr. Ulloa absent. Item approved 3. Rezoning property from R-1 (One-Family District) to TOD (Transit-(Oriented Development District) and variance permit to allow 0 feet Step-back above ground floor for buildings fronting 11th Avenue, where 10 feet step-back is required. Property is located at 1092 East 21st Street, Hialeah, zoned R-1 (One-Family District). 3  HIALEAH PLANNING AND ZONING BOARD MEETING- AUGUST 9TH, 2023 Applicant: Ceasar Mestre, Esq. Planner’s recommendation: Approval REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Ceasar Mestre, Esq., 8105 NW 155th Street, Miami Lakes, Florida 33016, addressed the Planning and Zoning Board. REPORT: David Ortiz, 100 South Point Drive, Miami Beach, Florida 33139, addressed the Planning and Zoning Board. REPORT: Jesse Jones, 1082 East 21st Street, Hialeah, 33013 addressed the Planning and Zoning Board with questions and concerns. Motion to Approve: Mr. Iglesias; Second: Mrs. Henriquez Motion Passed: 4-0-3 with board members Mr. Jimenez, Mr. Casanova, and Mr. Ulloa absent. Item approved 4. Rezoning property from R-1 (One-Family District) to TOD (Transit-Oriented Development District) and variance permit to allow 13 feet front setback on East 30th Street, where 17 feet built-to-line setback is required. Property is located at 3011 East 8th Avenue, Hialeah, zoned R-1 (One-Family District). Applicant: Ceasar Mestre, Esq. Planner’s recommendation: Approval REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Ceasar Mestre, Esq., 8105 NW 155th Street, Miami Lakes, Florida 33016, addressed the Planning and Zoning Board. REPORT: Naida Martinez, 874 East 31st Street, Hialeah, Florida 33013, addressed the Planning and Zoning Board in opposition to the approval of this item. REPORT: Jesse Jones, 1082 East 21st Street, Hialeah, 33013 addressed the Planning and Zoning Board with questions and concerns. REPORT: David Ortiz, 100 South Point Drive, Miami Beach, Florida 33139, addressed the Planning and Zoning Board. Motion to Approve: Mr. Iglesias; Second: Mrs. Henriquez Motion Passed: 4-0-3 with board members Mr. Jimenez, Mr. Casanova, and Mr. Ulloa absent. Item approved 5. Rezoning property from R-1 (One-Family District) to R-2 (One- and Two-Family Residential District) and variance permit to allow a duplex on a substandard lot with 4  HIALEAH PLANNING AND ZONING BOARD MEETING- AUGUST 9TH, 2023 frontage of 40 feet, where 75 feet are required and area of 4,000 square feet, where 7,500 square feet are required; allow 5 feet side setbacks, where 7.5 feet are required and allow 22.92 feet front setback, where 30 feet are required. Property is located at 4448 East 10th Avenue (Lot 28), Hialeah, zoned R-1 (One-Family District). Applicant: Israel Pino Planner’s recommendation: Approve with conditions REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Israel Pino, 175 West 58th Terrace, Hialeah, Florida 33012, addressed the Planning and Zoning Board. Motion to Approve with Conditions: Mr. Gamon; Second: Mrs. Henriquez Motion Passed: 4-0-3 with board members Mr. Jimenez, Mr. Casanova, and Mr. Ulloa absent. Item approved with the condition that the applicant shall proffer in his lease contracts a clause stating that no commercial vehicles will be allowed to park in the property’s parking spaces and that tandem parking and obstruction of the sidewalk are prohibited. 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”, AMENDING §98-2200 “PARKING COMMERCIAL VEHICLES, RECREATIONAL VEHICLES, BOATS OR VESSELS ON PROPERTY ZONED RESIDENTIAL” REGULATING THE PLACEMENT AND NUMBER OF RECREATIONAL VEHICLES, VESSELS AND BOATS PERMITTED ON PROPERTY ZONED RESIDENTIAL; 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. TABLED ITEM FROM JUNE 28TH, 2023 MEETING Motion to Remove Item from Tabled: Mr. Iglesias; Second: Mrs. Henriquez Motion Passed: 4-0-3 with board members Mr. Jimenez, Mr. Casanova, and Mr. Ulloa absent. Motion passed REPORT: Planning and Zoning Technician, Christopher Borges spoke on this item. REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Assistant City Attorney, Alexander Magrisso spoke on this item. Motion to Deny: Mrs. Henriquez; Second: Motion Failed Motion failed 5  HIALEAH PLANNING AND ZONING BOARD MEETING- AUGUST 9TH, 2023 Motion to Deny: Mrs. Henriquez; Second: Mr. Iglesias Motion Passed: 4-0-3 with board members Mr. Jimenez, Mr. Casanova, and Mr. Ulloa absent. Item denied MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 7. FINAL PLAT OF MIDPOINT LOGISTICS Planner’s recommendation: Approval REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Alessandria San Roman, Esq., 701 Brickell Avenue, Suite 3300, Miami, Florida 33131, addressed the Planning and Zoning Board. Motion to Approve: Mrs. Henriquez; Second: Mr. Gamon Motion Passed: 4-0-3 with board members Mr. Jimenez, Mr. Casanova, and Mr. Ulloa absent. Item approved 8. Old Business. Motion to Reconsider Item # 6: Mr. Iglesias; Second: Mrs. Henriquez Motion Passed: 4-0-3 with board members Mr. Jimenez, Mr. Casanova, and Mr. Ulloa absent. Motion passed Motion to Approve Item # 6: Mr. Gamon; Second: Mr. Iglesias Motion Passed: 4-0-3 with board members Mr. Jimenez, Mr. Casanova, and Mr. Ulloa absent. Item approved 9. New Business. Planning and Zoning Director, Debora Storch spoke about the 2050 City of Hialeah Master Plan. REPORT: Planning and Zoning Board Chairman, Diego Perez adjourned the meeting at 8:10 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. 6  HIALEAH PLANNING AND ZONING BOARD MEETING- AUGUST 9TH, 2023 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, AUGUST 23RD, 2023 AT 6:00 P.M. 7