Planning & Zoning Board

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING 2023 LAND USE MAP AMENDMENTS TO THE COMPREHENSIVE PLAN November 15th, 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 6:12 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  PUBLIC COMMENTS. None.  PRESENTATIONS. Presentation by Juan Mullerat, PlusUrbia Design, on the City of Hialeah 2025-2050 Master Plan. 1  HIALEAH PLANNING AND ZONING BOARD MEETING- NOVEMBER 15TH, 2023 REPORT: Presented. REPORT: Planning and Zoning Director, Debora Storch spoke on this item. 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: Mrs. Henriquez, Mr. Ulloa, Mr. Iglesias, Mr. D. Perez & Mr. Gamon Absent: Mr. Casanova Late: Mr. Jimenez arrived at 6:13 P.M. 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 Yiselis Gato, Zoning Hearing Specialist. 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, DECEMBER 12TH, 2023. LU-1. Small Scale Map Amendment from Commercial to Office and Professional Services District. Property is located at 383 West 35th Street, Hialeah, zoned R-2 (One-and Two- Family Residential District) Applicant: Ceasar Mestre, Esq. Planner’s recommendation: Approval 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: Planning and Zoning Board Member, Lazaro Gamon spoke on this item. REPORT: Assistant City Attorney, Alexander Magrisso spoke on this item. Motion to Approve: Mr. Iglesias; Second: Mr. Iglesias Motion Passed: 6-0-1 with board member Mr. Casanova absent. Item approved Motion to Recall Item: Mr. Iglesias; Second: Mr. Ulloa Motion Passed: 6-0-1 with board member Mr. Casanova absent. 2  HIALEAH PLANNING AND ZONING BOARD MEETING- NOVEMBER 15TH, 2023 Motion passed Motion to Approve: Mr. Iglesias; Second: Mrs. Henriquez 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 6:33 P.M. CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING REPORT: Planning and Zoning Board Vice Chairman, Diego Perez called the meeting to order at 6:33 P.M. 1. Approval of Planning and Zoning Board Summary Agenda of October 25th, 2023 as submitted. Motion to Approve: Mr. Iglesias; Second: Mrs. Henriquez 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, JANUARY 9TH, 2024. 2. Final decision to allow a rear setback of 4.6 feet 5 feet, 1-inch, where 20 feet is the minimum required for the construction of a new terrace. Property is located at 3395 West 13th Avenue, Hialeah, zoned R-1 (One-Family District). Applicant: Orlando Enrique Seoane Planner’s recommendation: Approve 5 feet, 1-inch south setback with the condition that the terrace remains open on three sides. 3  HIALEAH PLANNING AND ZONING BOARD MEETING- NOVEMBER 15TH, 2023 REPORT: Debora Storch, Planning and Zoning Director spoke on this item. REPORT: Orlando Enrique Seoane (Owner), 3395 West 13th Avenue, Hialeah, Florida 33012 spoke on this item. Motion to Approve with Conditions: Mr. Gamon; Second: Mr. Iglesias Motion Passed: 6-0-1 with board member Mr. Casanova absent. FINAL DECISION NO. 2023-09 Approve 5 feet, 1-inch south setback with the condition that the terrace remains open on three sides. 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, DECEMBER 12TH, 2023. 3. Rezoning property from R-1 (One-Family District) to C-1 (Restricted Retail Commercial District). Property is located adjacent to 4290 East 4th Avenue, Hialeah Folio no. 04- 3106-009-0040, zoned R-1 (One-Family District). Applicant: Ricardo Largo Planner’s recommendation: Approval REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: John C. Lukacs, Esq. (Lobbyist), 2655 South LeJeune Road, Suite 1011, Coral Gables, Florida 33134, addressed the Planning and Zoning Board. REPORT: Planing and Zoning Board Member, Abdel Jimenez spoke on this item. REPORT: Yiselis Gato, Zoning Hearing Specialist read a letter in opposition for the record. Letter sent by David Perez and Teresa Perez, 322 East 43rd Street, Hialeah, Florida 33013. Motion to Approve: Mr. Gamon; Second: Mr. Iglesias Motion Passed: 6-0-1 with board member Mr. Casanova absent. Item approved 4. Rezoning property from R-2 (One-and Two-Family Residential District) to OPS (Office and Professional Services District). Property is located at 383 West 35th Street, Hialeah, zoned R-2 (One-and Two-Family Residential District). Applicant: Ceasar Mestre, Esq. Planner’s recommendation: Approval REPORT: Planning and Zoning Director, Debora Storch spoke on this item. 4  HIALEAH PLANNING AND ZONING BOARD MEETING- NOVEMBER 15TH, 2023 REPORT: Ceasar Mestre, Esq. (Lobbyist), 8105 NW 155th Street, Miami Lakes, Florida 33016, addressed the Planning and Zoning Board. REPORT: Planning and Zoning Board Chairman, Diego Perez spoke on this item. Motion to Approve: Mrs. Henriquez; Second: Mr. Iglesias Motion Passed: 6-0-1 with board member Mr. Casanova absent. Item approved 5. Rezoning property from M-1 (Industrial District) to C-2 (Liberal Retail Commercial District) C-1 (Restricted Retail Commercial District) for the use of a new cafeteria. Variance permit to allow an existing 5 feet rear setback, where 15 feet is the minimum required, and allow the existing landscape buffer between the off-street parking and the right-of-way of 2.5 feet, where 7 feet are required. Property is located at 4185 East 10th Court, Hialeah, zoned M-1 (Industrial District). Applicant: Suniel Arzola Planner’s recommendation: Approve rezoning from M-1 to C-1, rear setback, and landscape buffer variances with the condition that the parking and ROW improvements be completed within 180 days. REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Frank De La Paz (Lobbyist), 11000 West 104th Street, Suite 2804, Hialeah Florida 33018, addressed the Planning and Zoning Board. Motion to Approve as Amended and with Conditions: Mr. Gamon & Mr. Iglesias; Second: Mr. Jimenez Motion Passed: 6-0-1 with board member Mr. Casanova absent. Item approved as amended and with the conditions that the parking and ROW improvements be completed within 180 days. 6. Variance to re-plat the property into two substandard lots, with each lot having a frontage of approximately 37.5 feet and total area of approximately 4,275 square feet, where frontage of 75 feet and total area of 7,500 square feet are required; allow no interior north side setback for the southern lot, where 7.5 feet is the minimum required; allow no interior south side setback for the northern lot, where 7.5 feet is the minimum required; allow a rear setback of 15 feet for both lots, where 25 feet is the minimum required; and allow a lot coverage of 36% for each lot, where 30% is the maximum allowed. Property is located at 2450 West 5th Avenue, Hialeah, zoned R-2 (One-and Two-Family Residential District). Applicant: Manny Reus Planner’s recommendation: Approve with conditions REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Manny Reus (Architect), 10501 Pines Boulevard, Suite 342, Pembroke Pines, Florida 33029, addressed the Planning and Zoning Board. 5  HIALEAH PLANNING AND ZONING BOARD MEETING- NOVEMBER 15TH, 2023 REPORT: Planning and Zoning Board Chairman, Diego Perez spoke on this item. REPORT: Assistant City Attorney, Alexander Magrisso spoke on this item. Motion to Approve with Conditions: Mr, Jimenez; Second: Mr. Iglesias Motion Passed: 6-0-1 with board member Mr. Casanova absent. Item approved subject to the development of the property in consistency with the plans prepared by Manny Reus, Architect dated 08/28/2023 including the proposed site plan, elevations, architectural features, color scheme, and landscaping. The front parking lot fronting the ROW shall be paved with pavers. 7. Conditional Use Permit (CUP) to allow a K-2nd grade elementary school with a maximum capacity of 15 students in conjunction with an existing 59 children daycare; Variance permit to allow 8 parking spaces, where 14 parking spaces are required, and allow all parking spaces to back out into the right-of-way, where back out parking is only allowed in low-density residential properties. Property is located at 484-490 East 32nd Street, Hialeah, zoned R-3 (Multiple-Family District). Applicant: Ceasar Mestre, Esq. Planner’s recommendation: Denial WITHDRAWN 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: Octavio Santurio (Architect), 6262 Bird Road, Suite 3E, Miami, Florida 33155, addressed the Planning and Zoning Board. REPORT: Alicia Garcia (Owner), 484-490 East 32nd Street, Hialeah, Florida 33013, addressed the Planning and Zoning Board. REPORT: Joana Rivera, 575 East 16th Street, Hialeah, Florida 33013, addressed the Planning and Zoning Board in favor of this item. REPORT: Planning and Zoning Board Chairman, Diego Perez spoke on this item. REPORT: Planning and Zoning Director, Debora Storch, stated that the application needs to be withdrawn and re-advertised. 8. Special Use Permit (SUP) to allow an elementary school to operate on property zoned R-1 (One-Family 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 169 children and variance permit to allow an 8-foot height wall, where a 6-foot height wall is the maximum allowed on residential zoned properties. Property is located at 21 East 59th Street, Hialeah, zoned R-1 (One-Family District). 6  HIALEAH PLANNING AND ZONING BOARD MEETING- NOVEMBER 15TH, 2023 Applicant: Ceasar Mestre, Esq. Planner’s recommendation: Table item as per applicant’s request REPORT: Ceasar Mestre, Esq. (Lobbyist), 8105 NW 155th Street, Miami Lakes, Florida 33016, addressed the Planning and Zoning Board. REPORT: Planning and Zoning Director, Debora Storch spoke on this item. Motion to Table Item: Mr. Iglesias; Second: Mr. Gamon Motion Passed: 6-0-1 with board member Mr. Casanova absent. Item tabled until December 13th, 2023 Planning and Zoning meeting. 9. Special Use Permit (SUP) to allow the expansion of the Neighborhood Business District Overlay. Variance permit to allow such expansion on a property that is not within an activity node and that has an area of 6,450 square feet and a street frontage of 129 feet, where the NBD overlay regulations may extend to properties that are within activity node areas situated on sites with a minimum area of 20,000 square feet and a minimum street frontage of 200 feet. Variance to allow single use as a 3-story/10-unit multifamily residential development, where mixed use is required; allow all units to have an area of 592 square feet, where 850 square feet is the minimum area required for each residential unit, and only 10% of the units may have a minimum of 600 square feet; allow front setbacks of 7.5 feet and 0 feet, where 10 feet built to lines is required; allow 0 feet interior setback, where 15 feet are required; allow 13 parking spaces, where 23 parking spaces are required; allow density increase from 32 unit s/acre to 70 unit s/acre without providing the incentives to increase density; and variance to waive the building mass and building frontage development standards. Property is located at 93 West 28th Street, Hialeah, zoned R-3 (Multiple-Family District). Applicant: Ceasar Mestre, Esq. Planner’s recommendation: Denial 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: Oscar Gonzalez (Architect), 7901 West 25th Avenue, Hialeah, Florida 33016, addressed the Planning and Zoning Board. REPORT: Planning and Zoning Board Chairman, Diego Perez spoke on this item. REPORT: Planning and Zoning Board Member John Ulloa spoke on this item. REPORT: Planning and Zoning Board Member, Abdel Jimenez spoke on this item. REPORT: Assistant City Attorney, Alexander Magrisso spoke on this item. Motion to Deny: Mr. Ulloa; Second: Mrs. Henriquez 7  HIALEAH PLANNING AND ZONING BOARD MEETING- NOVEMBER 15TH, 2023 Motion Failed: 2-4-1 with board member Mr. Casanova absent and Mr. Iglesias, Mr.Gamon, Mr. Jimenez, and Mr. D. Perez voting NO. Motion failed Motion to Approve: Mr. Jimenez; Second: Mr. Iglesias Motion Passed: 4-2-1 with board member Mr. Casanova absent and Mr. Ulloa and Mrs. Henriquez voting NO. Item approved MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 10. TENTATIVE PLAT OF RIESGO HIALEAH WITHDRAWN REPORT: Planning and Zoning Director, Debora Storch, stated that this item needs to be withdrawn. 11. TENTATIVE PLAT OF PRESTIGE CENTER REPORT: Planning and Zoning Director, Debora Storch spoke on this item. Motion to Approve: Mrs. Henriquez & Mr. Iglesias; Second: Mr. Jimenez Motion Passed: 6-0-1 with board member Mr. Casanova absent. Item approved 12. Old Business. None. 13. New Business. Members of the Planning and Zoning Board reflected on prospective approaches for conducting their future meetings. REPORT: Planning and Zoning Board Chairman, Diego Perez adjourned the meeting at 9:06 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, DECEMBER 13TH, 2023 AT 6:00 P.M. 8