Planning & Zoning Board

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING 2024 LAND USE MAP AMENDMENTS TO THE COMPREHENSIVE PLAN January 10th, 2024 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 6:06 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. Roll Call. 1  HIALEAH PLANNING AND ZONING BOARD MEETING- JANUARY 10TH, 2024 Present: Mrs. Henriquez, Mr. Ulloa, Mr. Iglesias, Mr. Perez, Mr. Santiesteban & Mr. Gamon Absent: Mr. Jimenez PZ-1. Presentation by the Planning and Zoning Department of an overview of the Multifamily Residential Developments in Hialeah Heights. REPORT: Presented. REPORT: Planning and Zoning Director, Debora Storch spoke on this item. 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, JANUARY 23RD, 2024. LU-1. Small Scale Map Amendment from Industrial to Mixed Use. Property is located at 3605 West 108th Street, Hialeah, zoned BDH (Business Development District). Applicant: Manny Reus, Architect 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. REPORT: Planning and Zoning Board Member, Julissa Henriquez spoke on this item. REPORT: Planning and Zoning Board Chairman, Diego Perez spoke on this item. REPORT: Planning and Zoning Board Member, Eduardo Santiesteban spoke on this item. Motion to Approve with Conditions: Mr. Iglesias; Second: Mr. Gamon Motion Passed: 6-0-1 with board member Mr. Jimenez absent. Item approved with the condition that the platting process is completed within 3 months of the approval of this land use application and shall be proffered in a Declaration of Restrictive Covenants. 2  HIALEAH PLANNING AND ZONING BOARD MEETING- JANUARY 10TH, 2024 REPORT: Planning and Zoning Board Chairman, Diego Perez adjourned the meeting at 6:41 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 6:41 P.M. 1. Approval of Planning and Zoning Board Summary Agenda of December 13th, 2023 as submitted. Motion to Approve: Mrs. Henriquez; Second: Mr. Ulloa Motion Passed: 6-0-1 with board member Mr. Jimenez 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, FEBRUARY 13TH, 2024. 2. Final decision to allow east side setback of 5 feet, where 7 feet are required. Property is located at 720 East 13th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Angel G. Gomez Planner’s recommendation: Approval REPORT: Debora Storch, Planning and Zoning Director spoke on this item. REPORT: Angel G. Gomez (Owner), 720 East 13th Street, Hialeah, Florida 33013, addressed the Planning and Zoning Board. Motion to Approve: Mr. Gamon; Second: Mrs. Henriquez Motion Passed: 6-0-1 with board member Mr. Jimenez absent. FINAL DECISION NO. 2024-01 Item approved 3  HIALEAH PLANNING AND ZONING BOARD MEETING- JANUARY 10TH, 2024 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 23RD, 2024. 3. Rezoning property from R-3 (Multiple-Family District) to R-3-4 (Multiple-Family District) and variance permit to allow a front setback of 4.33 feet, where 25 feet are required; allow 0.33-foot south side setback, where 10 feet are required; allow rear setback of 9 feet, where 20 feet are required, and allow 22% pervious area, where 30% is the minimum required. Properties are located at 1050 SE 9th Court and 1070 SE 9th Court, Hialeah, zoned R-3 (Multiple-Family District). Applicant: Ceasar Mestre, Esq. Planner’s recommendation: Approve 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: Planning and Zoning Board Chairman, Diego Perez spoke on this item. REPORT: Planning and Zoning Board Member, Julissa Henriquez spoke on this item. Motion to Approve with Conditions: Mr. Gamon; Second: Mr. Ulloa and Mr. Iglesias Motion Passed: 6-0-1 with board member Mr. Jimenez absent. Item approved with the condition that the applicant provides a recorded unity of title prior to the Building permit (Currently two different property owners) and provides a color scheme prior to the first reading at the City Council meeting on Tuesday, January 23rd, 2024. 4. Rezoning property from BDH (Business Development District) to RH-CD (Mixed Use Multiple Family District). Variance permit to allow 62% of the residential units to be less than 700 square feet, where 90% of the units shall have a minimum of 700 square feet and 10% of the units may have a minimum floor area of 500 square feet; allow a setback of 10 feet along public edges, where 20 feet minimum setback along public edges is required; allow a 4 feet landscape buffer along public edges, where a 7 feet minimum landscape buffer is required, and allow 50 commercial use parking spaces, where 107 commercial use parking spaces are required. Property is located at 3605 West 108th Street, Hialeah, zoned BDH (Business Development District). Applicant: Manny Reus, Architect Planner’s recommendation: Table item until a traffic study is completed REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Assistant City Attorney, Alexander Magrisso spoke on this item. Motion to Postpone Item: Mr. Gamon; Second: Mrs. Henriquez 4  HIALEAH PLANNING AND ZONING BOARD MEETING- JANUARY 10TH, 2024 Motion Passed: 6-0-1 with board member Mr. Jimenez absent. Item postponed 5. Conditional Use Permit (CUP) to allow a multifamily development including 239 units on property located within a quarter-mile radius of the Hialeah Heights Commercial Development District (CDH) and Rezoning property from MH (Industrial District) to RH-CD (Mixed Use Multiple Family District). Property is located at 8875 West 40th Avenue, Hialeah, zoned MH (Industrial District). Applicant: Ceasar Mestre, Esq. Planner’s recommendation: Approve 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: Ian Rairden on behalf of Kimley-Horn & Associates Inc., 8201 Peters Road, Plantation, Florida 33324, addressed the Planning and Zoning Board. REPORT: Planning and Zoning Board Member, John Ulloa spoke on this item. REPORT: Planning and Zoning Board Member, Eduardo Santiesteban spoke on this item. REPORT: Planning and Zoning Board Member, Julissa Henriquez spoke on this item. REPORT: Lowell Dunn, 8083 NW 103rd Street, Hialeah Gardens, Florida 33016, addressed the Planning and Zoning Board with comments and concerns. REPORT: Planning and Zoning Board Chairman, Diego Perez spoke on this item. Motion to Approve with Conditions: Mr. Gamon; Second: Mr. Ulloa Motion Passed: 4-2-1 with board members, Mr. Santiesteban, and Mrs. Henriquez voting NO and Mr. Jimenez absent. Item approved subject to substantial consistency with the proposed site plan and elevations by Stantec Architecture, Inc. dated October 11th, 2023, including proposed density, buffers, color palette, walkways, sidewalks, and open access with no vehicular gates at the NW 102nd Street entrance. As required by the Conditional Use Permit process a Declaration of Restrictive Covenants shall accompany this application providing for construction completion deadlines and adherence to the submitted proposal as detailed above. 6. Conditional Use Permit (CUP) to allow a K-1st grade elementary school with a maximum capacity of 24 students occupying a single bay (bay 356 Palm Avenue) in conjunction with a 62-children daycare (bays 362, 368, 374, 380, and 386 Palm Avenue) and parking variance to allow 26 parking spaces (23 on-site and 3 off-site), where 27 5  HIALEAH PLANNING AND ZONING BOARD MEETING- JANUARY 10TH, 2024 parking spaces are required. Property is located at 356 Palm Avenue, Hialeah, zoned CBD (Central Business District). Applicant: Ceasar Mestre, Esq., on behalf of Donoso Academy DBR, LLC Planner’s recommendation: Approve 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. Motion to Approve with Conditions: Mrs. Henriquez; Second: Mr. Iglesias Motion Passed: 6-0-1 with board member Mr. Jimenez absent. Item approved with the condition that the legalization of the unpermitted improvements on bays 356, 362, and 386 get completed within 4 months from the date of approval of the application. 7. Conditional Use Permit (CUP) to allow a K-1st grade elementary school with a maximum capacity of 30-students in conjunction with a 62-children daycare. Variance permit to allow 187 parking spaces, where 253 parking spaces are required. Property is located at 5480 Palm Avenue, Hialeah, zoned C-2 (Liberal Retail Commercial District). Applicant: Ceasar Mestre, Esq., on behalf of Caterpillar Academy Daycare Preschool Planner’s recommendation: Table item as per applicant’s request 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 Table Item: Mrs. Henriquez; Second: Mr. Iglesias Motion Failed: 1-5-1 with board members, Mrs. Henriquez, Mr. Ulloa, Mr. Iglesias, Mr. Perez, and Mr. Santiesteban voting NO and Mr. Jimenez absent. Motion failed REPORT: Assistant City Attorney, Alexander Magrisso spoke on this item. Motion to Postpone Item: Mrs. Henriquez; Second: Mr. Iglesias Motion Passed: 6-0-1 with board member Mr. Jimenez absent. Item postponed 8. Conditional Use Permit (CUP) to allow a vocational nail technical school with 16 stations. Property is located at 1290 West 49th Street and 1300 West 49th Street, Suite 1304, Hialeah, zoned C-2 (Liberal Retail Commercial District) and C-3 (Extended Liberal Commercial District). Applicant: Sandra Abreu Planner’s recommendation: Approve with conditions 6  HIALEAH PLANNING AND ZONING BOARD MEETING- JANUARY 10TH, 2024 REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Irma Artiaga (Owner of Nail Technical School), 815 West 48th Street, Hialeah, Florida 33012, addressed the Planning and Zoning Board. Motion to Approve with Conditions: Mrs. Henriquez; Second: Mr. Iglesias Motion Passed: 6-0-1 with board member Mr. Jimenez absent. Item approved with the condition that the vocational nail school stays with 16 stations and does not violate any of the restrictions applicable under the recorded Declaration of Restrictive Covenant. 9. Special Use Permit (SUP) to allow the expansion of the Neighborhood Business District (NBD) Overlay. Variance permit to allow residential use only, where mixed use is required; allow 40% of the units with an area 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 337 parking spaces, where 459 parking spaces are required; allow front setback of 16.83 feet, where 10 feet built-to-line are required; allow street side setback of 131.25 feet, where 10 feet built-to-line are required respectively; allow surface parking facing front and street side setbacks, where parking is not allowed in front and street side setbacks, and variance to waive the building mass and building frontage development standards. Property is located at 11205 West 40th Avenue, Hialeah, zoned BDH (Business Development District). Applicant: Ceasar Mestre, Esq., on behalf of L. Michael Osman 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: Principal Planner, Claudia Hasbun spoke on this item. REPORT: Michael Osman (Owner), 1474 West 84th Street, Hialeah, Florida 33014, addressed the Planning and Zoning Board. REPORT: Planning and Zoning Board Member, John Ulloa spoke on this item. REPORT: Planning and Zoning Board Chairman, Diego Perez spoke on this item. REPORT: Frank De La Paz (Lobbyist), 11000 SW 104th Street, Suite 2804, Miami, Florida 33116, addressed the Planning and Zoning Board. Motion to Deny: Mr. Ulloa; Second: Mrs. Henriquez Motion Failed: 3-3-1 with board members, Mr. Perez, Mr. Iglesias, and Mr. Gamon voting NO and Mr. Jimenez absent. Motion failed 7  HIALEAH PLANNING AND ZONING BOARD MEETING- JANUARY 10TH, 2024 Motion to Approve: Mr. Gamon; Second: Mr. Iglesias Motion Failed: 3-3-1 with board members, Mrs. Henriquez, Mr. Ulloa, and Mr. Santiesteban voting NO and Mr. Jimenez absent. Motion failed Motion to Table Item: Mrs. Henriquez; Second: Mr. Iglesias Motion Passed: 4-2-1 with board members, Mr. Ulloa, and Mr. Santiesteban voting NO and Mr. Jimenez absent. Item tabled until January 24th, 2024 MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 10. Old Business. None. 11. 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 9:32 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 24TH, 2024 AT 6:00 P.M. 8