Planning & Zoning Board

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING September 6th, 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 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. REPORT: Yiselis Gato, Zoning Hearing Specialist, read the meeting guidelines for the record. 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. 1  HIALEAH PLANNING AND ZONING BOARD MEETING- SEPTEMBER 6TH, 2023 Present: Mr. D. Perez, Mr. Ulloa, Mr. Iglesias, Mr. Jimenez, Mr. Casanova, & Mrs. Henriquez Absent: Mr. Gamon 2. Approval of Planning and Zoning Board Summary Agenda of August 23rd, 2023 as submitted. Motion to Approve: Mrs. Henriquez; Second: Mr. Casanova Motion Passed: 6-0-1 with board member Mr. Gamon absent. Item approved ADMINISTRATION OF OATH TO ALL APPLICANTS AND ANYONE WHO WILL BE SPEAKING BEFORE THE BOARD ON ANY ITEM. REPORT: All were duly sworn in by Alexander Magrisso, Assistant City Attorney. 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, SEPTEMBER 26TH, 2023. 3. Variance permit to allow the construction of a single-family home on a substandard lot having a total area of 4,763 square feet, where 7,500 square feet are required, and allow lot width of 35 feet, where 75 feet are required. Property is located at 5520 East 8th Avenue, Hialeah, zoned R-1 (One-Family District). Applicant: Anthony Del Pino Planner’s recommendation: Approval REPORT: Planning and Zoning Technician, Christopher Borges spoke on this item. REPORT: Anthony Del Pino (Plans Runner), 345 West 75th Place, Hialeah, Florida 33014, addressed the Planning and Zoning Board. REPORT: Yiselis Gato, Zoning Hearing Specialist read an email in opposition for the record. Email sent by Timothy Wayne Fisher, 770 East 55th Street, Hialeah, Florida 33013. 2  HIALEAH PLANNING AND ZONING BOARD MEETING- SEPTEMBER 6TH, 2023 REPORT: Planning and Zoning Director, Debora Storch spoke on this item through Zoom. Motion to Approve: Mr. Iglesias; Second: Mrs. Henriquez Motion Passed: 6-0-1 with board member Mr. Gamon absent. Item approved 4. Variance permit to allow the construction of a new duplex on a substandard lot having a total area of 6,750 square feet, where 7,500 square feet are required; allow a lot width of 50 feet, where 75 feet are required, and allow street side setback of 10 feet, where 15 feet are required. Property is located at 302 East 17th Street, Hialeah, zoned R-2 (One-and Two-Family Residential District). Applicant: Veloz Family Investments LLC Planner’s recommendation: Approval REPORT: Planning and Zoning Technician, Christopher Borges spoke on this item. REPORT: Rogelio Veloz (Owner), 614 East 51st Street, Hialeah, Florida 33013, addressed the Planning and Zoning Board. Motion to Approve: Mr. Iglesias; Second: Mrs. Henriquez Motion Passed: 6-0-1 with board member Mr. Gamon absent. Item approved Motion to Reopen Item 4 for Public Discussion: Mr. Jimenez; Second: Mrs. Henriquez Motion Failed: 3-3-1 with board members Mr. D. Perez, Mr. Casanova, and Mr. Ulloa voting NO and Mr. Gamon absent. Motion failed 5. Variance permit to allow 48 parking spaces, where 93 parking spaces are required, on an existing industrial building where 76,505 square feet will remain for industrial use and 3,140 square feet will be repurposed for commercial use. Special Use Permit (SUP) to allow the use of a 3,140 square feet bay as a clinical investigational research facility operating 24 hours and 7 days a week with a maximum of 12 patients per day and 8 staff members. Property is located at 2300 West 8th Avenue, Hialeah, zoned M-1 (Industrial District). Applicant: Ceasar Mestre, Esq. Planner’s recommendation: Approval is subject to conditions to be recorded in a DOR REPORT: Planning and Zoning Technician, Christopher Borges spoke on this item. REPORT: Ceasar Mestre, Esq. (Lobbyist), 8105 NW 155th Street, Miami Lakes, Florida 33016, addressed the Planning and Zoning Board. 3  HIALEAH PLANNING AND ZONING BOARD MEETING- SEPTEMBER 6TH, 2023 REPORT: Planning and Zoning Director, Debora Storch spoke on this item through Zoom. Motion to Approve with Conditions: Mr. Jimenez; Second: Mr. Iglesias Motion Passed: 6-0-1 with board member Mr. Gamon absent. Item approved with the condition that the 13 bays allocate 2 parking spaces each, Unit 1 (the research facility subject of this application) gets allocated 16 parking spaces, and 6 spaces remain open for ADA parking spaces and overflow. This parking allocation shall be recorded in a Declaration of Restrictions limiting all bays to industrial uses and allowing only Unit 1 to have the proposed commercial use as a research facility. With this condition on parking allocation in place, the Special Use Permit to allow a research facility on Unit 1, could be approved limiting its operation to 8 employees and no more than 12 patients per day. 6. Repeal and Rescind City if Hialeah, Florida Ordinance 2021-008; Special Use Permit (SUP) to allow the expansion of the Neighborhood Business District (NBD) Overlay; Variance permit to allow 100% of the units with an area of less than 850 square feet, where 850 square feet is the minimum area required, and only 10% of the units can have an area of 600 square feet; allow 7.5 feet rear setback, where 15 feet are required; allow 2.5 feet interior side setback, where 15 feet are required, and allow 25 parking spaces, where 37 parking spaces are required. Property is located at 90 East 21st Street, Hialeah, zoned CBD (Central Business District). Applicant: Hugo P. Arza, Esq., Alejandro J. Arias, Esq., and Alessandria San Roman, Esq., on behalf of East 21 ST LLC Planner’s recommendation: Approve with conditions REPORT: Planning and Zoning Technician, Christopher Borges spoke on this item. REPORT: Hugo P. Arza, Esq. (Lobbyist), 701 Brickell Avenue, Suite 3300, Miami, Florida 33131, addressed the Planning and Zoning Board. REPORT: Planning and Zoning Director, Debora Storch spoke on this item through Zoom. Motion to Approve with Conditions: Mr. Jimenez; Second: Mr. Iglesias Motion Passed: 6-0-1 with board member Mr. Gamon absent. Item approved subject to the construction of street improvements in compliance with standards required by the Streets Department. MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 7. TENTATIVE PLAT OF BOOS-OL Planner’s recommendation: Approval is subject to comments REPORT: Planning and Zoning Technician, Christopher Borges spoke on this item. 4  HIALEAH PLANNING AND ZONING BOARD MEETING- SEPTEMBER 6TH, 2023 REPORT: Felix M. Lasarte, Esq. (Lobbyist), 3250 NE 1st Avenue, Suite 334, Miami, Florida 33137, addressed the Planning and Zoning Board. REPORT: Planning and Zoning Director, Debora Storch spoke on this item through Zoom. Motion to Approve Subject to Comments: Mr. Iglesias; Second: Mr. Casanova Motion Passed: 6-0-1 with board member Mr. Gamon absent. Item approved subject to Comments 8. Old Business. None. 9. New Business. None. REPORT: Planning and Zoning Board Chairman, Diego Perez adjourned the meeting at 7:04 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, SEPTEMBER 20TH, 2023 AT 6:00 P.M. 5