Planning & Zoning Board

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING 2024 LAND USE MAP AMENDMENTS TO THE COMPREHENSIVE PLAN March 27th, 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 6:07 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- MARCH 27TH, 2024 Present: Mrs. Henriquez, Mr. Ulloa, Mr. Iglesias, Mr. Perez, Mr. Jimenez & Mr. Masson and Mr. Santiesteban. 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, APRIL 9TH, 2024. LU-1. Small Scale Map Amendment from Low-Density Residential to Medium-Density Residential. Property is located at 4935 East 8th Avenue, Hialeah, Florida, zoned R-2 (One & Two Family Residential District). Applicant: Felix M. Lasarte, Esq. on behalf of Elena Lapica Planner’s recommendation: Approval REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Felix M. Lasarte, Esq. (Lobbyist), 3250 NE 1 Avenue, Miami, Florida addressed the Planning and Zoning Board. REPORT: Planning and Zoning Board Chairman, Mr. Perez spoke on this item. REPORT: William Martinez, 4955 East 8th Avenue, Hialeah, Florida addressed the Planning and Zoning Board with concerns. REPORT: Planning and Zoning Board Member, Mr. Ulloa spoke on this item. Motion to Approve: Mr. Ulloa; Second: Mrs. Henriquez. Motion Passed: 6-0-1 with board member Mr. Iglesias abstaining his vote. Item approved REPORT: Planning and Zoning Board Chairman, Diego Perez adjourned the meeting at 6:24 P.M. CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING REPORT: Planning and Zoning Board Chairman, Diego Perez called the meeting to order at 6:24 P.M. 2  HIALEAH PLANNING AND ZONING BOARD MEETING- MARCH 27TH, 2024 1. Approval of Planning and Zoning Board Summary Agenda of March 13th, 2024 as submitted. Motion to Approve: Mr. Henriquez; Second: Mr. Iglesias and Mr. Ulloa. Motion Passed: 7-0 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, APRIL 9TH, 2024. 2. Final decision to allow a rear setback of 8.1 feet, where 20 feet is the minimum required for an existing metal roof to be legalized. Property is located at 5491 West 5th Lane, Hialeah, zoned R-1 (One-Family District). Applicant: Martin Gutierrez Planner’s recommendation: Approval with conditions. REPORT: Debora Storch, Planning and Zoning Director spoke on this item. REPORT: Joaquin Jiron, Esq. (Lobbyist), 11401 SW 40 Street, Suite 328, Miami, Florida 33165 addressed the Planning and Zoning Board. REPORT: Planning and Zoning Board Chairman, Mr. Perez spoke on this item. REPORT: Planning and Zoning Board Member, Mr. Ulloa spoke on this item. Motion to Approve with Conditions: Mrs. Henriquez; Second: Mr. Santiesteban. Motion Passed: 7-0 FINAL DECISION NO. 2024-06 Item approved with the condition that the front aluminium carport for two vehicles must be removed, several concrete areas must be removed to comply with 30% of pervious areas, must legalize the fences, and must remove the side canvas awning and remove the 9 feet by 8 feet shed. 3  HIALEAH PLANNING AND ZONING BOARD MEETING- MARCH 27TH, 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, APRIL 23RD, 2024. 3. Variance permit to allow an LED pylon sign outside of the geographic area where LED signs are allowed, and allow a distance of 120 feet from residential properties, where LED signs shall be placed at a distance no less than a 300-foot radius from residential properties. Property is located at 4380 West 12th Avenue, Hialeah, zoned C-3 (Extended Liberal Commercial District). Applicant: Carlos Trujillo on behalf of Cubamax ITEM POSTPONED UNTIL FURTHER NOTICE. REPORT: Planning and Zoning Hearing Specialist Yiselis Gato spoke on this item. NO ACTION 4. Conditional Use Permit (CUP) to allow a K-1st grade elementary school with a maximum capacity of 24 students in conjunction with a 72-children daycare, and variance permit to allow 35 parking spaces, where 42 parking spaces are required. Property is located at 2863 West 2nd Avenue, Hialeah, zoned C-2 (Liberal Retail Commercial District). Applicant: Andres Felipe Rico on behalf of Tiny Toons Preschools, Inc. Planner’s recommendation: Approval with conditions. REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Andres Rico (Representative), 800 N. Miami Avenue, Miami, Florida 33136, addressed the Planning and Zoning Board. REPORT: Planning and Zoning Board Chairman, Mr. Perez spoke on this item. Motion to Approve with Conditions: Mr. Iglesias; Second: Mrs. Henriquez Motion Passed: 7-0 Item approved with the following conditions:  CUP may be granted with the condition that the satellite parking agreement is secured at all times and that the school may remain in operation only if the satellite parking facility or an alternate are viable.  Staff shall park at all times at proposed satellite parking site.  24 maximum number of students in Kindergarten and 1st grade and a maximum of 72 children daycare .  Obtain a Change of Use approval within 90 days of CUP approval. 5. Conditional Use Permit (CUP) to allow a K-5th grade elementary school with a maximum capacity of 38 students, in conjunction with a 52-children daycare; Variance permit to allow 240 parking spaces, where 276 parking spaces are required. Property is located at 4100 West 12th Avenue, Hialeah, zoned C-2 (Liberal Retail Commercial District). Applicant: Maybet Hernandez on behalf of Big Star Day Care, Inc. 4  HIALEAH PLANNING AND ZONING BOARD MEETING- MARCH 27TH, 2024 Planner’s recommendation: Denial of the parking variance request and approval for the CUP request. REPORT: Planning and Zoning Board Chairman, Mr. Perez spoke on this item. Motion to Table Item Until April 10th, 2024 Meeting: Mrs. Henriquez; Second: Mr. Iglesias Motion Passed: 6-0-1 with board member, Mr. Ulloa voting NO. Item tabled until April 10th, 2024 meeting 6. Conditional Use Permit (CUP) to allow a K-2nd grade elementary school with a maximum capacity of 20 students, in conjunction with a 21 children daycare; Variance permit to allow 84 parking spaces in a shopping plaza that requires no less than 169 parking spaces with 7 spaces allocated to the daycare and school. Property is located at 1570 West 43rd Place, suites 15, 16, 17, and 18, Hialeah, zoned C-2 (Liberal Retail Commercial District). Applicant: Ceasar Mestre, Esq. on behalf of My Child’s Dreams Day Care, Inc. Planner’s recommendation: Denial of the parking variance request and approval for the CUP request. REPORT: Debora Storch, Planning and Zoning Director 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 Mr. Perez spoke on this item. Motion to Approve as Amended and with Conditions: Mr. Jimenez; Second: Mr. Henriquez. Motion Passed: 7-0 Item approved after amending the application to approve only the Conditional Use Permit (CUP) with the following conditions:  The Applicant must provide a declaration of restrictions for the CUP including 20 maximum number of school grade students in Kindergarten and 2nd grade school, in conjunction with a maximum of 21 children daycare.  The applicant must obtain a Change of Use approval within 90 days of CUP approval.  The shopping center property owner to submit an operational parking plan and parking variance to satisfy the parking requirements of the entire shopping center and obtain a landscaping re-certification.  7 parking spaces allocated to this use. 7. Conditional Use Permit (CUP) to allow a K-5th grade elementary school within a shopping plaza with a maximum capacity of 112 students, in conjunction with an 81 children daycare; Variance permit to allow 409 parking spaces, where 418 parking spaces 5  HIALEAH PLANNING AND ZONING BOARD MEETING- MARCH 27TH, 2024 are required. Property is located at 4056-4058 West 12th Avenue, Hialeah, zoned C-2 (Liberal Retail Commercial District). Applicant: Ceasar Mestre, Esq. on behalf of Sunshine Childcare & Preschool Center Planner’s recommendation: Table item as per applicant’s request. REPORT: Debora Storch, Planning and Zoning Director 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 Until April 10th, 2024: Mrs. Henriquez; Second: Mr. Santiesteban. Motion Passed: 7-0 Item tabled until April 10th, 2024 meeting 8. Conditional Use Permit (CUP) to allow a Prescribed Pediatric Extended Care (PPEC) with a maximum of 4 patients and 2 staff members. Property located at 1022 East 8th Avenue, Hialeah, zoned C-2 (Liberal Retail Commercial District). Applicant: Ceasar Mestre, Esq., on behalf of New Vision Rehab Inc. Planner’s recommendation: Approval with conditions. REPORT: Debora Storch, Planning and Zoning Director 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: 7-0 Item approved with the following conditions:  Maximum of 2 staff members and 4 patients at the same time with no patient overlapping.  Two designated parking spaces for pick-up and drop-off of patients.  Posting of signs on designated parking spaces.  10-minute time limitation on pick-up/drop-off designated parking spaces.  Staggered scheduling for patients arriving in collective transportation and private transportation. 9. Special Use Permit (SUP) to allow the expansion of the Neighborhood Business District (NBD) Overlay. Variance permit to allow 24 units to have 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 less than 600 square feet; allow 65 parking spaces, where 84 parking spaces are required; allow front setback of 5 feet, where 10 feet built-to-line are required, and variance to waive the building mass and building frontage development standards. Properties are located at 308 East 9th Street, 330 East 9th Street, and 342 East 9th Street, Hialeah, zoned CR (Commercial Residential District). Applicant: Manny Reus, Architect on behalf of Mitchel Sabina 6  HIALEAH PLANNING AND ZONING BOARD MEETING- MARCH 27TH, 2024 Planner’s recommendation: Approval with conditions. REPORT: Debora Storch, Planning and Zoning Director 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 Mr. Perez spoke on this item. REPORT: Planning and Zoning Board Member Mr. Ulloa spoke on this item. REPORT: Planning and Zoning Board Member Mr. Jimenez spoke on this item. Motion to Approve with Conditions: Mr. Jimenez; Second: Mr. Iglesias. Motion Passed: 7-0 Item approved with the following conditions:  The proposed parking count will allow 2 parking spaces for each of the 9, two-bedroom apartments (18p.s.), 1 parking space for the remaining 24 one-bedroom apartments (24p.s.), 3 accessible parking spaces and 20 parking spaces for the retail component during the day that might be shared with the apartments overnight. Since no car parking is available on East 9th Street, 20 parking spaces will be available after hours and on- street parking is available on East 3rd Avenue.  The development of the property in consistency with the plans prepared by Manny Reus, Architect dated 02/14/2024 including the proposed site plan, elevations, architectural features, color scheme and landscaping.  As required by Sec. 98-1630.9 and to avoid real estate speculation and delay the applicant will need to proffer a demolition, construction schedule, and consistency with plans in a Declaration of Restrictive Covenants. 10. ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, AMENDING THE HIALEAH CODE OF ORDINANCES CHAPTER 98, ENTITLED “ZONING”, AMENDING § 98-1536 “PURPOSE” AND § 98-1539 “DEFINITIONS” AND § 98-1541 “HIALEAH TRANSFER STATION SUBDISTRICT” REGULATING SINGLE-USE COMMERCIAL AREAS AND PROMOTE VEHICULAR TRAFFIC AT PEAK HOURS AND PROVIDE FOR INCORPORATION OF MIXED-USE DEVELOPMENT WITH COMPATIBLE ACTIVE USES ON THE FIRST FLOOR AND MULTIFAMILY RESIDENTIAL ON THE UPPER FLOORS; 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: Debora Storch, Planning and Zoning Director spoke on this item. REPORT: Planning and Zoning Board Chairman Mr. Perez spoke on this item. REPORT: Planning and Zoning Board Member Mr. Ulloa spoke on this item. 7  HIALEAH PLANNING AND ZONING BOARD MEETING- MARCH 27TH, 2024 REPORT: Planning and Zoning Board Member Mr. Iglesias spoke on this item Motion to Approve: Mr. Ulloa; Second: Mr. Iglesias. Motion Passed: 7-0 Item approved MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 11. Old Business. None. 12. New Business. Planning and Zoning Board Member, Mr.Ulloa addressed the board with concerns about future development in the City of Hialeah. Planning and Zoning Director, Debora Storch addressed Mr. Ulloa’s concerns. Planning and Zoning Board Chairman, Mr. Perez stated that Code Compliance was actively enforcing the regulations concerning RVs across the entire city. REPORT: Planning and Zoning Board Chairman, Diego Perez adjourned the meeting at 7:21 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, APRIL 10TH, 2024 AT 6:00 P.M. 8