Planning & Zoning Board
Regular MeetingHialeah, FL · August 14, 2019
Minutes
CITY OF HIALEAH
PLANNING AND ZONING BOARD MEETING
August 14th, 2019
Summary Agenda- Minutes
HIALEAH CITY HALL 7:00 P.M.
501 PALM AVENUE-3RD FLOOR HIALEAH
Call to order.
Invocation and pledge of allegiance
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. D. Perez, Mr. Rodriguez, Mr. Suarez, Mr. Casanova
Late: Mr. O. Perez, Mr. Iglesias, Mr. Banegas
2. Approval of Planning and Zoning Board Summary Agenda of June 26th, 2019 as
submitted.
Motion to Approve: Mr. Suarez; Second: Mr. Casanova
Motion Approved: 4-0-3
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, SEPTEMBER 10TH, 2019.
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HIALEAH PLANNING AND ZONING BOARD MEETING- AUGUST 14 TH, 2019
3. Final decision to allow north side interior setback of 3.3 feet, where 5 feet 1 inch is the
minimum required. Property located at 2177 West 6th Court, Hialeah, zoned R-1 (One-
Family District).
Applicant: Gilberto Aguila
Planner’s recommendation: Approve with conditions
Motion to Approve with Conditions: Mr. Suarez; Second: Mr. Rodriguez
Motion Approved: 4-0-3
Item approved with the condition that the north sidewall of the house remains without
openings.
4. Final decision to allow interior north side setback of 3.5 feet, where 7.5 feet is the
minimum required for an existing addition to be legalized; allow 13 feet rear setback,
where 20 feet is the minimum required for an existing aluminum terrace to be legalized
that includes an outdoor kitchen; allow interior south side setback of 4.10 feet and rear
setback of 4.20 feet, where 7.5 feet is the minimum required respectively for an existing
accessory building to be legalized and allow a distance separation of 9.80 feet between
the terrace and accessory building, where 10 feet is the minimum required. Property
located at 5431 West 9th Court, Hialeah, zoned R-1 (One-Family District).
Applicant: Yunaris Loriga and Alain Loriga
Planner’s recommendation: Deny interior 3.5 feet north side setback request, and
approve other requested setbacks, with conditions; and approve distance separation
between the house and accessory building.
Motion to Approve as Recommended: Mr. Rodriguez; Second: Mr. Casanova
Motion Approved: 4-0-3
Item approved as recommended
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 27TH, 2019.
5. Rezoning property from R-1 (One-Family District) to CBD (Central Business District)
and variance permit to allow on west side of the parcel, a commercial development with
no residential uses, where residential uses are required; allow 41.72 feet, 57.3 feet and
147 feet front setbacks, where 0 feet front setback is required and allow 0% building
frontage, where 100% is required. Property located on the west side of two adjacent
parcels located on the south side of East 21st Street, between East 1st Avenue and East 2nd
Avenue.
Applicant: Ceasar Mestre, Esq.
Planner’s recommendation: Approval
Motion to Approve: Mr. Casanova; Second: Mr. Rodriguez
Motion Approved: 4-0-3
Item approved
6. Variance permit to allow a duplex on each substandard lot (Lots 6 and 7) having a
frontage of 40 feet, where 75 feet is the minimum required and lot area of 5,160 square
feet, where 7,500 square feet is the minimum required respectively and to allow the
following setbacks: on Lot 6 allow interior west side setback of 0 feet and interior east
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HIALEAH PLANNING AND ZONING BOARD MEETING- AUGUST 14 TH, 2019
side setback of 5 feet, where 7.5 feet is the minimum required; allow rear setback of 13
feet, where 25 feet is the minimum required; on Lot 7 allow interior east side setback of 0
feet and interior west side setback of 5 feet, where 7.5 feet is the minimum required and
to allow rear setback of 13.58 feet, where 25 feet is the minimum required. Property
located at 436 East 16th Street, Hialeah, zoned R-2 (One- and Two-Family Residential
District).
Applicant: Ceasar Mestre, Esq. on behalf of Juan Barroso
Planner’s recommendation: Approve with conditions
Motion to Approve with Conditions: Mr. Suarez; Second: Mr. Casanova
Motion Approved: 4-0-3
Item approved with the condition that a 6 feet CBS wall is provided on the east and
west property lines.
7. Variance permit to allow loading and surface parking areas on the exterior of the block,
where loading areas shall be located in the interior of the blocks; allow blank walls
fronting West 40th Avenue, West 108th Street, West 104th Street and NW 107th Avenue,
where blank walls at street level and above the ground floors of buildings are not
permitted; allow 0% building frontage, where 65% is the minimum required and parking
variance to allow 459 parking spaces, where 615 are required. Property located between
West 40th Avenue and NW 107th Avenue, and between West 104th Street and West 108th
Street, Hialeah, zoned BDH (Business Development District).
Applicant: CCP Central LLC
Planner’s recommendation: Approval
Motion to Approve: Mr. Suarez; Second: Mr. Casanova
Motion Approved: 4-0-3
Item approved
8. Repeal and rescind Ordinance 2018-25 and variance permit to allow no residential uses,
where residential uses are required; allow parking in the front setback, where parking in
the front setback is not allowed; allow 10 feet front setback for wall to screen front
surface parking lot, where 5 feet are required, allow 10 feet parking setback, where 65
feet is the minimum required and allow 28% building frontage, where 50% is required
along the front. Property located at 800 Palm Avenue, zoned CR (Commercial
Residential District).
Applicant: Y & J Investment
Planner’s recommendation: Approval
Motion to Approve: Mr. Rodriguez; Second: Mr. Casanova
Motion Approved: 4-0-3
Item approved
9. Conditional Use Permit (CUP) to allow the expansion of an existing daycare to include
an elementary school with a proposed maximum enrollment of 224 students. Property
located at 1306 West 49th Street, Hialeah, zoned C-2 (Liberal Retail Commercial
District).
Applicant: Raquel E. Valverde Sarmiento
Planner’s recommendation: Withdraw to be re-advertised
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HIALEAH PLANNING AND ZONING BOARD MEETING- AUGUST 14 TH, 2019
ITEM WITHDRAWN
MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING:
10. Old Business. None
11. New Business. None
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.
4
Agenda
CITY OF HIALEAH
PLANNING AND ZONING BOARD MEETING
August 14th, 2019
Agenda
HIALEAH CITY HALL 7:00 P.M.
501 PALM AVENUE-3RD FLOOR HIALEAH
Call to order.
Invocation and pledge of allegiance
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.
2. Approval of Planning and Zoning Board Summary Agenda of June 26th, 2019 as
submitted.
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, SEPTEMBER 10TH, 2019.
3. Final decision to allow north side interior setback of 3.3 feet, where 5 feet 1 inch is the
minimum required. Property located at 2177 West 6th Court, Hialeah, zoned R-1 (One-
Family District).
Applicant: Gilberto Aguila
4. Final decision to allow interior north side setback of 3.5 feet, where 7.5 feet is the
minimum required for an existing addition to be legalized; allow 13 feet rear setback,
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HIALEAH PLANNING AND ZONING BOARD MEETING- AUGUST 14 TH, 2019
where 20 feet is the minimum required for an existing aluminum terrace to be legalized
that includes an outdoor kitchen; allow interior south side setback of 4.10 feet and rear
setback of 4.20 feet, where 7.5 feet is the minimum required respectively for an existing
accessory building to be legalized and allow a distance separation of 9.80 feet between
the terrace and accessory building, where 10 feet is the minimum required. Property
located at 5431 West 9th Court, Hialeah, zoned R-1 (One-Family District).
Applicant: Yunaris Loriga and Alain Loriga
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 27TH, 2019.
5. Rezoning property from R-1 (One-Family District) to CBD (Central Business District)
and variance permit to allow on west side of the parcel, a commercial development with
no residential uses, where residential uses are required; allow 41.72 feet, 57.3 feet and
147 feet front setbacks, where 0 feet front setback is required and allow 0% building
frontage, where 100% is required. Property located on the west side of two adjacent
parcels located on the south side of East 21st Street, between East 1st Avenue and East 2nd
Avenue.
Applicant: Ceasar Mestre, Esq.
6. Variance permit to allow a duplex on each substandard lot (Lots 6 and 7) having a
frontage of 40 feet, where 75 feet is the minimum required and lot area of 5,160 square
feet, where 7,500 square feet is the minimum required respectively and to allow the
following setbacks: on Lot 6 allow interior west side setback of 0 feet and interior east
side setback of 5 feet, where 7.5 feet is the minimum required; allow rear setback of 13
feet, where 25 feet is the minimum required; on Lot 7 allow interior east side setback of 0
feet and interior west side setback of 5 feet, where 7.5 feet is the minimum required and
to allow rear setback of 13.58 feet, where 25 feet is the minimum required. Property
located at 436 East 16th Street, Hialeah, zoned R-2 (One- and Two-Family Residential
District).
Applicant: Ceasar Mestre, Esq. on behalf of Juan Barroso
7. Variance permit to allow loading and surface parking areas on the exterior of the block,
where loading areas shall be located in the interior of the blocks; allow blank walls
fronting West 40th Avenue, West 108th Street, West 104th Street and NW 107th Avenue,
where blank walls at street level and above the ground floors of buildings are not
permitted; allow 0% building frontage, where 65% is the minimum required and parking
variance to allow 459 parking spaces, where 615 are required. Property located between
West 40th Avenue and NW 107th Avenue, and between West 104th Street and West 108th
Street, Hialeah, zoned BDH (Business Development District).
Applicant: CCP Central LLC
8. Repeal and rescind Ordinance 2018-25 and variance permit to allow no residential uses,
where residential uses are required; allow parking in the front setback, where parking in
the front setback is not allowed; allow 10 feet front setback for wall to screen front
surface parking lot, where 5 feet are required, allow 10 feet parking setback, where 65
feet is the minimum required and allow 28% building frontage, where 50% is required
2
HIALEAH PLANNING AND ZONING BOARD MEETING- AUGUST 14 TH, 2019
along the front. Property located at 800 Palm Avenue, zoned CR (Commercial
Residential District).
Applicant: Y & J Investment
9. Conditional Use Permit (CUP) to allow the expansion of an existing daycare to include
an elementary school with a proposed maximum enrollment of 224 students. Property
located at 1306 West 49th Street, Hialeah, zoned C-2 (Liberal Retail Commercial
District).
Applicant: Raquel E. Valverde Sarmiento
MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING:
10. Old Business.
11. 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.
3
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