Planning & Zoning Board

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING December 13th, 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 6:10 P.M. Invocation and pledge of allegiance. REPORT: Planning and Zoning Board Member, Abdel Jimenez 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. Present: Mrs. Henriquez, Mr. Ulloa, Mr. Iglesias, Mr. D. Perez & Mr. Jimenez 1  HIALEAH PLANNING AND ZONING BOARD MEETING- DECEMBER 13TH, 2023 Absent: Mr. Gamon 2. Approval of Planning and Zoning Board Summary Agenda of November 15th, 2023 as submitted. Motion to Approve: Mrs. Henriquez; Second: Mr. Iglesias Motion Passed: 5-1 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 Yiselis Gato, Zoning Hearing Specialist. 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. 3. Conditional Use Permit (CUP) to allow a K-2nd grade elementary school with a maximum capacity of 29 students in conjunction with an existing 62 children daycare; Variance permit to allow 8 parking spaces, where 15 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 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: Planning and Zoning Board Chairman, Diego Perez spoke on this item. 2  HIALEAH PLANNING AND ZONING BOARD MEETING- DECEMBER 13TH, 2023 REPORT: Planning and Zoning Director, Debora Storch spoke on this item. Motion to Deny: Mr. Ulloa Motion Failed Motion to Approve with Conditions: Mr. Jimenez; Second: Mrs. Henriquez Motion Passed: 4-1-1 with board member Mr. Gamon absent and Mr. Ulloa voting NO. Item approved with the condition that the elementary school maintains within the specified maximum capacity of 29 students, and the daycare adheres to a limit of 62 children. 4. Conditional Use Permit (CUP) to allow a K-1st grade elementary school with a maximum capacity of 54 students in conjunction with an existing 42 children daycare; Variance permit to allow the legalization of a 720 square feet expansion of the existing daycare increasing the maximum capacity of children in the daycare from 42 to 62 and to allow 23 parking spaces, where 27 parking spaces are required. 24 students occupying a single bay (bay 352) in conjunction with a 62-children daycare (bays 356, 368, 374, 380, and 386) and approve a parking variance to allow 26 parking spaces (23 on-site and 3 off-site), where 27 parking spaces are required. Property is located at 380 Palm Avenue, Hialeah, zoned CBD (Central Business District). Applicant: Donoso Academy DBR, LLC Planner’s recommendation: With the condition that the legalization of the un- permitted improvements on bays 352, 356, and 386 get completed within 4 months from the date of approval of the application, approve a CUP to allow a K-1st Grade elementary school with a maximum capacity of 24 students occupying a single bay (bay 352) in conjunction with a 62 children daycare (bays 356, 368, 374, 380 and 386) and approve a parking variance to allow 26 parking spaces (23 on-site and 3 off-site), where 27 parking spaces are required. REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Raquel Donoso (Owner of School), 380 Palm Avenue, Hialeah, Florida 33010, addressed the Planning and Zoning Board. REPORT: Kyle Nigro, 380 Palm Avenue, Hialeah, Florida 33010, addressed the Planning and Zoning Board. REPORT: Planning and Zoning Board Chairman, Diego Perez spoke on this item. REPORT: Planning and Zoning Director, Debora Storch spoke on this item. Motion to Approve with Conditions: Mrs. Henriquez; Second: Mr. Iglesias Motion Passed: 5-1 with board member Mr. Gamon absent. Item approved with the conditions that the legalization of the un-permitted improvements on bays 352, 356, and 386 get completed within 4 months from the date of approval of the application, approve a CUP to allow a K-1st Grade elementary school with a 3  HIALEAH PLANNING AND ZONING BOARD MEETING- DECEMBER 13TH, 2023 maximum capacity of 24 students occupying a single bay (bay 352) in conjunction with a 62 children daycare (bays 356, 368, 374, 380 and 386) and approve a parking variance to allow 26 parking spaces (23 on-site and 3 off-site), where 27 parking spaces are required. 5. 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). Applicant: Ceasar Mestre, Esq. Planner’s recommendation: Approve Special Use Permit, approve wall height variance and approve Conditional Use Permit with conditions. TABLED ITEM FROM NOVEMBER 15TH, 2023 MEETING Motion to Remove Item fromTabled: Mrs. Henriquez; Second: Mr. Iglesias Motion Passed: 5-1 with board member Mr. Gamon absent. Item removed from tabled 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 Chairman, Diego Perez spoke on this item. REPORT: Carlos Cardoso (Architect), 14125 NW 80th Avenue, Suite 303, Miami Lakes, Florida 33016, addressed the Planning and Zoning Board. REPORT: Ruth Abreu, 43 East 58th Street, Hialeah, Florida 33013, addressed the Planning and Zoning Board in favor of this item. REPORT: Michelle A Vacali, 7155 NW 179 Street Apt # 107, Miami, Florida 33015, addressed the Planning and Zoning Board in favor of this item. REPORT: Maricelis Gonzalez, 360 West 63rd Street, Hialeah, Florida 33012, addressed the Planning and Zoning Board in favor of this item. REPORT: Ruth Abreu, 43 East 58th Street, Hialeah, Florida 33013, 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. REPORT: Dairon Fonseca, 805 West 74th Street, Hialeah, Florida 33014, addressed the Planning and Zoning Board. 4  HIALEAH PLANNING AND ZONING BOARD MEETING- DECEMBER 13TH, 2023 REPORT: Silvino Monteagudo, 41 East 59th Street, Hialeah, Florida 33013, addressed the Planning and Zoning Board in opposition to this item. REPORT: Anay Monteagudo, 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: Michael Rodriguez, 41 East 59th Street, Hialeah, Florida 33013, addressed the Planning and Zoning Board in opposition to this item. Motion to Approve with Conditions: Mrs. Henriquez; Second: Mr. Iglesias Motion Passed: 5-1 with board member Mr. Gamon absent. Item approved with the following conditions: •Total children and student capacity to be limited to 240 students. •Building colors to be changed as recommended. •Illegal classroom trailer to be removed immediately. •Swale area parking to be ceased immediately. •Proposed redevelopment of the site to get completed in a period not to exceed 2 years. •8 feet CBS wall and dense landscaping to be provided along the north and east property lines. 6. ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, AMENDING CHAPTER 98 OF THE CITY OF HIALEAH CODE OF ORDINANCES ENTITLED “ZONING”, ARTICLE VI, SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 3, BUILDINGS AND STRUCTURES, CREATING A NEW SECTION, 98-1681 TO ALLOW MOBILE FOOD DISPENSING VEHICLES A/K/A FOOD TRUCKS TO OPERATE IN THE CITY SUBJECT TO CERTAIN OPERATING STANDARDS; 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. REPORT: Assistant City Attorney, Alexander Magrisso spoke on this item. REPORT: Planning and Zoning Board Chairman, Diego Perez spoke on this item. Motion to Approve: Mr. Ulloa; Second: Mrs. Henriquez Motion Passed: 5-1 with board member Mr. Gamon absent. Item approved MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 7. TENTATIVE PLAT OF RIESGO HIALEAH Planner’s recommendation: Approval is subject to comments 5  HIALEAH PLANNING AND ZONING BOARD MEETING- DECEMBER 13TH, 2023 REPORT: Planning and Zoning Director, Debora Storch spoke on this item. Motion to Approve Subject to Comments: Mr. Iglesias; Second: Mrs. Henriquez Motion Passed: 5-1 with board member Mr. Gamon absent. Item approved subject to comments 8. TENTATIVE PLAT OF FOUR INFINITY TRACT Planner’s recommendation: Approval is subject to comments WITHDRAWN 9. Old Business. None. 10. New Business. Planning and Zoning Director, Debora Storch extended warm wishes for a happy holiday season and a happy New Year to the board members. REPORT: Planning and Zoning Board Chairman, Diego Perez adjourned the meeting at 7:48 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, JANUARY 10TH, 2024 AT 6:00 P.M. 6