Planning & Zoning Board

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING January 24th, 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. 1. Roll Call. 1  HIALEAH PLANNING AND ZONING BOARD MEETING- JANUARY 24TH, 2024 Present: Mrs. Henriquez, Mr. Ulloa, Mr. Iglesias, Mr. Perez, Mr. Santiesteban & Mr. Masson Late: Mr. Jimenez arrive at 6:14 P.M. 2. Approval of Planning and Zoning Board Summary Agenda of January 10th, 2024 as submitted. Motion to Approve: Mrs. Henriquez; Second: Mr. Iglesias Motion Passed: 6-0-1 with board member Mr. Jimenez not present for the vote. 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, FEBRUARY 27TH, 2024. 3. Final decision to allow rear setback of 15.61 feet, where 20 feet are required for a proposed addition. Property is located at 218 East 50th Street, Hialeah, zoned R-1 (One- Family District). Applicant: Lazaro Catalan Planner’s recommendation: Approve with conditions REPORT: Debora Storch, Planning and Zoning Director spoke on this item. REPORT: Lazaro Catalan (Owner), 218 East 50th Street, Hialeah, Florida 33013, addressed the Planning and Zoning Board. Motion to Approve with Conditions: Mrs. Henriquez; Second: Mr. Iglesias Motion Passed: 7-0 FINAL DECISION NO. 2024-02 Item approved with the condition that a minimum of 30% or 2,125 square feet of pervious area (grass area) is created and maintained within the lot. 2  HIALEAH PLANNING AND ZONING BOARD MEETING- JANUARY 24TH, 2024 4. Final decision to allow rear setback of 1.69 feet, where 7.5 feet are required, and allow east side setback of 1.50 feet, where 5 feet, 1 inch is required for an existing CBS structure to be legalized. Property is located at 407 West 16th Street, Hialeah, zoned R-1 (One- Family District). Applicant: Haydee Torres Planner’s recommendation: The application, as submitted, shall be denied. Alternatively, the applicant may amend the application to request a final decision to allow 4 feet east side setback, where 5.08 feet are required, for rear and side terraces to be legalized. REPORT: Debora Storch, Planning and Zoning Director spoke on this item. REPORT: Elisa Garcia (Lobbyist), 488 Palm Avenue, Hialeah, Florida 33013, 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, Esmiley Iglesias spoke on this item. Motion to Deny: Mr. Ulloa REPORT: Assistant City Attorney, Alexander Magrisso spoke on this item. REPORT: Planning and Zoning Board Member, John Ulloa retracted his vote to deny the item. ITEM WITHDRAWN AS PER APPLICANT’S REQUEST 5. Final decision to allow rear setback of 7 feet, where 20 feet are required for an existing metal roof to be legalized. Property is located at 1495 West 75th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Ives Zamora Planner’s recommendation: Approve with conditions REPORT: Debora Storch, Planning and Zoning Director spoke on this item. REPORT: Elisa Garcia (Lobbyist), 488 Palm Avenue, Hialeah, Florida 33013, addressed the Planning and Zoning Board. Motion to Approve with Conditions: Mr. Iglesias; Second: Mr. Jimenez Motion Passed: 7-0 FINAL DECISION NO. 2024-03 Item approved with the condition that the applicant maintains the wood roof open on three sizes and shall provide at least 30% of the lot as pervious area (grass area). The property shall obtain building permits according to the plans submitted to the Planning and Zoning Department dated October 10th, 2023. 3  HIALEAH PLANNING AND ZONING BOARD MEETING- JANUARY 24TH, 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, FEBRUARY 13TH, 2024. 6. Rezoning from R-2 (One-and Two-Residential District) to B-1 (Highly Restricted Retail District) and variance permit to allow 100% of the units with area less than 850 square feet, where 850 square feet is the minimum required and only 10% of the units may have an area of less than 850 square feet; allow 16 parking spaces, where 32 parking spaces are required and waive building mass requirements. Property is located at 3670 East 4th Avenue, zoned R-2 (One-and Two-Family Residential District) within Area 2 of NBD Overlay 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 Member, Julissa Henriquez spoke on this item. Motion to Approve with Conditions: Mr. Santiesteban; Second: Mr. Ulloa Motion Passed: 7-0 Item approved with the condition that the applicant shall provide revised plans and a recorded declaration of restrictive covenants relating to the incentives for affordable housing and other amenities prior to first reading. 7. Rezoning properties from R-3 (Multiple-Family District) to R-3-5 (Multiple-Family District). Variance permit to allow 44 additional units having a side setback of 7.58 feet to the north and 7.91 feet to the south, where 20 10 feet are required, and to allow 127 parking spaces, where 333 parking spaces are required. Properties are located at 1200, 1205, 1265, and 1280 West 25th Place including vacated portion of West 25th Place ROW, Hialeah, zoned R-3 (Multiple-Family District). Applicant: Hugo P. Arza, Esq., on behalf of Oceanmar Park Apartments, LLC Planner’s recommendation: Approve with conditions REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Hugo P. Arza, Esq. (Lobbyist), 701 Brickell Avenue, Suite 3300, Miami, Florida 33131, addressed the Planning and Zoning Board. REPORT: Planning and Zoning Board Chairman, Diego Perez spoke on this item. REPORT: Planning and Zoning Board Member, Abdel Jimenez spoke on this item. 4  HIALEAH PLANNING AND ZONING BOARD MEETING- JANUARY 24TH, 2024 Motion to Approve with Conditions: Mr. Jimenez; Second: Mr. Iglesias & Mr. Santiesteban Motion Passed: 7-0 Item approved with the following conditions:  Remove the four (4) parking spaces that are illegally backing up to W 12th Street to exit.  Provide revised site plans reflecting addition of 44 units and proposed improvements including landscaping plans and a color palette.  Provide a queuing analysis if the gate is kept on plans.  Finalize the vacation process with Miami-Dade County and have the parcels reflecting the vacated area.  Record at Miami-Dade County of Clerk the proffered declaration of restriction. 8. Variance permit to allow 13.5 feet front setback, where 20 feet built-to-line setback is required, and to allow 1.16 feet setback along SE 9th Court, where 10 feet built-to-line setback is required. Property is located at 955 SE 12th Street, Hialeah, zoned TOD (Transit-Oriented 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 Chairman, Diego Perez spoke on this item. REPORT: Planning and Zoning Board Member, Eduardo Santiesteban spoke on this item. Motion to Approve: Mr. Iglesias; Second: Mr. Jimenez Motion Passed: 7-0 Item approved 9. Conditional Use Permit (CUP) to allow a K-1st grade school with a maximum capacity of 44 students in conjunction with a 75-children daycare. Variance permit to allow 19 parking spaces, with 7 of those spaces backing out into the street, where 48 parking spaces are required and back-out parking is not allowed. Property is located at 499 East 21st Street, Hialeah, zoned R-3 (Multiple-Family District). Applicant: Ceasar Mestre, Esq., on behalf of La Scala Pre-School Learning Centers Planner’s recommendation: Staff is recommending denial for CUP to the school and is recommending approval for the parking variance of 19 parking spaces since the daycare is also operating with a parking deficiency where 25 parking spaces are required for a daycare with seven (7) of those spaces backing out into the street. REPORT: Planning and Zoning Director, Debora Storch spoke on this item. 5  HIALEAH PLANNING AND ZONING BOARD MEETING- JANUARY 24TH, 2024 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, John Ulloa spoke on this item. REPORT: Jorge Machado (Owner), 16451 NW 84th Avenue, Miami Lakes, Florida 33016, addressed the Planning and Zoning Board. Motion to Table Item: Mrs. Henriquez REPORT: Assistant City Attorney, Alexander Magrisso spoke on this item. REPORT: Planning and Zoning Board Member, Julissa Henriquez retracted her vote to deny the item. Motion to Postpone: Mr. Iglesias; Second: Mrs. Henriquez & Mr. Santiesteban Motion Passed: 7-0 Item postponed 10. Conditional Use Permit (CUP) to allow a K-5th grade elementary school with a maximum capacity of 54 students in conjunction with a 77-children daycare. Variance permit to allow 53 parking spaces, where 62 parking spaces are required. Property is located at 1301 West 68th Street, Hialeah, zoned C-1 (Restricted Retail Commercial District). Applicant: Ceasar Mestre, Esq., on behalf of Kid’s Daycare & Kindergarten I, Inc. 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, Abdel Jimenez spoke on this item. REPORT: Planning and Zoning Board Chairman, Diego Perez spoke on this item. Motion to Approve: Mr. Jimenez; Second: Mrs. Henriquez Motion Passed: 7-0 Item approved 11. 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 6  HIALEAH PLANNING AND ZONING BOARD MEETING- JANUARY 24TH, 2024 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: Deny the Special Use Permit (SUP) and deny all variances because of the incompatibility with the existing uses, the inconsistency with the Comprehensive Plan and zoning regulations, and the negative impact to future residents who will be surrounded by industrial uses operating 24/7. TABLED ITEM FROM JANUARY 10TH, 2024 MEETING Motion to Remove Item from Tabled: Mr. Ulloa; Second: Mr. Iglesias Motion Passed: 7-0 Motion passed 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: Michael Osman (Owner), 1474 West 84th Street, Hialeah, Florida 33014, addressed the Planning and Zoning Board. REPORT: Planning and Zoning Board Member, Julissa Henriquez spoke on this item. 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 Chairman, Diego Perez spoke on this item. REPORT: Michael Osman (Owner), 1474 West 84th Street, Hialeah, Florida 33014, addressed the Planning and Zoning Board. REPORT: Assistant City Attorney, Alexander Magrisso spoke on this item. REPORT: Carlos Narvaez, 9796 West 34th Avenue, Hialeah, Florida 33018, addressed the Planning and Zoning Board through Zoom in opposition to this item. REPORT: Luis Resendiz, 3560 West 92nd Place, Hialeah, Florida 33018, addressed the Planning and Zoning Board through Zoom in opposition to this item. REPORT: Rodolfo F. Carvajal, 3359 West 96th Place, Hialeah, Florida 33018, addressed the Planning and Zoning Board through Zoom in opposition to this item. 7  HIALEAH PLANNING AND ZONING BOARD MEETING- JANUARY 24TH, 2024 REPORT: Jose Azze, 788 SE Park Drive, Hialeah, Florida 33010, addressed the Planning and Zoning Board in opposition to 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: Mr. Santiesteban Motion Passed: 7-0 Item denied MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 12. TENTATIVE PLAT OF FOUR INFINITY TRACT 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: Mrs. Henriquez; Second: Mr. Jimenez Motion Passed: 7-0 Item approved subject to comments 13. Old Business. None. 14. New Business. Planning and Zoning Director, Debora Storch briefed the board members on the upcoming workshops for the City of Hialeah 2050 Master Plan. Planning and Zoning Board Chairman, Diego Perez reflected on prospective approaches for conducting future meetings. REPORT: Planning and Zoning Board Chairman, Diego Perez adjourned the meeting at 9:40 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, FEBRUARY 14TH, 2024 AT 6:00 P.M. 8