Planning & Zoning Board

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING September 20th, 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 Board Member, John Ulloa 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 20TH, 2023 Present: Mr. D. Perez, Mr. Ulloa, Mr. Iglesias, Mr. Jimenez, Mr. Gamon, & Mrs. Henriquez Absent: Mr. Casanova 2. Approval of Planning and Zoning Board Summary Agenda of September 6th, 2023 as submitted. Motion to Approve: Mr. Ulloa; Second: Mr. Gamon & Mr. Iglesias Motion Passed: 6-0-1 with board member Mr. Casanova 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. Petition to close, vacate, and abandon a portion of the public right-of-way located on the east end of Park Drive (Hiawatha Drive) and west of SE 8th Court between Lot 8, Block 3, and Lot 1-4, Block 2 of 36th STREET LAWNS, according to PB 24-38 of the Public Records of Miami-Dade County. Applicant: Felix M. Lasarte, Esq. Planner’s recommendation: Approval REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Felix M. Lasarte, Esq. (Lobbyist), 3250 NE 1st Avenue, Suite 334, Miami, Florida 33137, addressed the Planning and Zoning Board. Motion to Approve: Mr. Gamon; Second: Mr. Iglesias & Mrs. Henriquez Motion Passed: 6-0-1 with board member Mr. Casanova absent. Item approved 2  HIALEAH PLANNING AND ZONING BOARD MEETING- SEPTEMBER 20TH, 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, OCTOBER 10TH, 2023. 4. Petition to close, vacate, and abandon a portion of the right-of-way adjacent to the west and southwest boundaries of the property located at 701 East 55th Street in accordance with the sketch and legal description dated May 5, 2023, signed and sealed by Arturo R. Toirac, PSM. Applicant: Jorge J. Clero Planner’s recommendation: Approval REPORT: Planning and Zoning Director, Debora Storch spoke on this item. Motion to Approve: Mr. Iglesias; Second: Mr. Gamon Motion Passed: 6-0-1 with board member Mr. Casanova absent. Item approved 5. Rezoning property from R-1 (One-Family District) to R-3 (Multiple-Family Residential District). Variance permit to allow the expansion of a legal non-confirming use of an existing church, solely congregating on the weekend, with 28 parking spaces, where 76 parking spaces are required for the use of the church; Conditional Use Permit (CUP) to allow a K-5th grade elementary school at the church on weekdays with a maximum capacity of 79 students in conjunction with a daycare with a capacity of 41 children and in compliance with parking and stacking requirements. Property is located at 6491 West 2nd Avenue, Hialeah, zoned R-1 (One-Family District). Applicant: Ceasar Mestre, Esq. Planner’s recommendation: Approve expansion of non-conforming use, rezoning, variances, and Conditional Use Permit subject to conditions. REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Ceasar Mestre, Esq. (Lobbyist), 8105 NW 155th Street, Miami Lakes, Florida 33016, addressed the Planning and Zoning Board. Motion to Approve with Conditions: Mr. Gamon; Second: Mr. Jimenez Motion Passed: 6-0-1 with board member Mr. Casanova absent. Item approved with the following conditions:  Drop-off shifts with a maximum of 25 students per shift.  Minimum of 2 staff members to supervise the drop-off process.  Staff members to supervise the pick-up process, if necessary.  Reconfiguration of on-street parking, from back-out to parallel, along West 2nd Avenue and West 64th Street.  6-feet concrete wall along the east property line.  Bollards along playgrounds facing right-of-ways.  Dumpster enclosure.  No overlapping of school hours and after-school hours with church services. 3  HIALEAH PLANNING AND ZONING BOARD MEETING- SEPTEMBER 20TH, 2023  School to operate on weekdays from 8:30 A.M. to 3:00 P.M. and daycare and before/aftercare services will be available from 6:30 A.M. to 6:30 P.M. with only 2 church staff members present on premises at these times.  Church services to be held exclusively on weekends or weekdays after school hours. 6. Rezoning property from R-1 (One-Family District) to R-3 (Multiple-Family Residential District). Conditional Use Permit (CUP) to allow a K-5th grade elementary school, on a freestanding campus setting property, with a maximum capacity of 71 students in conjunction with a daycare with a capacity of 199 children. Property is located at 21 East 59th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Ceasar Mestre, Esq. Planner’s recommendation: Approve rezoning or alternatively approve a Special Use Permit and approve Conditional Use Permit with conditions. REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Ceasar Mestre, Esq. (Lobbyist), 8105 NW 155th Street, Miami Lakes, Florida 33016, addressed the Planning and Zoning Board. REPORT: Carlos Cardoso (Architect), 14125 NW 80th Avenue, Suite 303, Miami Lakes, Florida 33016, addressed the Planning and Zoning Board. REPORT: Efran Valdes, 36 East 59th Street, Hialeah, Florida 33013, addressed the Planning and Zoning Board in opposition to this item. REPORT: Michael Rodriguez, 41 East 59th Street, Hialeah, Florida 33013, addressed the Planning and Zoning Board in opposition to this item. REPORT: Sandy Palacios, 10 East 60th Street, Hialeah, Florida 33013, addressed the Planning and Zoning Board in opposition to this item. REPORT: Palacios, 10 East 60th Street, Hialeah, Florida 33013, addressed the Planning and Zoning Board in opposition to this item. REPORT: Osiel Ferrer Diaz, 21 East 59th Street, Hialeah, Florida 33016, addressed the Planning and Zoning Board in favor of this item. REPORT: Yonaiky Miranda (Owner), 21 East 59th Street, Hialeah, Florida 33013, addressed the Planning and Zoning Board. Motion to Table: Mr. Ulloa; Second: Mr. Jimenez Motion Passed: 6-0-1 with board member Mr. Casanova absent. Item tabled until Planning and Zoning Board Meeting on Wednesday, October 25th, 2023. 7. Special Use Permit (SUP) to allow a research health center to operate in a 918 square feet bay within an existing strip mall with a maximum of 4 patients per day and 5 staff members. 4  HIALEAH PLANNING AND ZONING BOARD MEETING- SEPTEMBER 20TH, 2023 Property is located at 3810 West 12th Avenue, Hialeah, zoned C-2 (Liberal Retail Commercial District). Applicant: Alexander Montane De Mesa Planner’s recommendation: Approve with conditions REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Alexander Montane De Mesa (Owner of Business), 3810 West 12th Avenue, Hialeah, Florida 33012, addressed the Planning and Zoning Board. REPORT: Karen Diaz, 3880 West 11th Avenue, Hialeah, Florida 33012, addressed the Planning and Zoning Board in opposition to this item. REPORT: Maureen Lobo Abantes, 1140 West 39th Terrace, Hialeah, Florida 33012, addressed the Planning and Zoning Board in opposition to this item. Motion to Approve with Conditions: Mr. Iglesias; Second: Mr. Jimenez Motion Passed: 6-0-1 with board member Mr. Casanova absent. Item approved with the following conditions:  Maximum of 5 employees and maximum of 4 patients per day.  Patients coming to the facility will have scheduled appointments.  No walk-ins will be allowed.  No promotion aimed to attract crowds into the shopping plaza will be pursued by the proposed business. MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 8. TENTATIVE PLAT OF LAGO VISTA Planner’s recommendation: Approval is subject to comments REPORT: Planning and Zoning Director, Debora Storch spoke on this item. Motion to Approve Subject to Comments: Mr. Iglesias; Second: Mr. Gamon & Mrs. Henriquez Motion Passed: 6-0-1 with board member Mr. Casanova absent. Item approved subject to Comments 9. Old Business. None. 10. New Business. Planning and Zoning Director, Debora Storch asked the board members to vote on rescheduling the Planning and Zoning Board Meeting from October 11th, 2023 to October 4th, 2023. Motion to Approve: Mr. Iglesias; Second: Mr. Gamon Motion Passed: 6-0-1 with board member Mr. Casanova absent. Motion passed 5  HIALEAH PLANNING AND ZONING BOARD MEETING- SEPTEMBER 20TH, 2023 REPORT: Planning and Zoning Board Chairman, Diego Perez adjourned the meeting at 8:17 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, OCTOBER 4TH, 2023 AT 6:00 P.M. 6