Planning & Zoning Board

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING 2024 LAND USE MAP AMENDMENTS TO THE COMPREHENSIVE PLAN April 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 6:02 P.M. Invocation and pledge of allegiance. REPORT: Planning and Zoning Board Member, Eduardo Santiesteban 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- APRIL 10TH, 2024 Present: Mrs. Henriquez, Mr. Ulloa, Mr. Perez, Mr. Jimenez & Mr. Masson and Mr. Santiesteban Absent: Mr. Iglesias 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 23RD, 2024. LU-1. Small Scale Map Amendment from Low-Density Residential to Transit-Oriented Development District. Property is located at 951 East 28th Street and 2881 East 9th Avenue, Hialeah, zoned R-1 (One-Family District). Applicant: Jorge Navarro, Esq. on behalf of Tomas Vasquez Planner’s recommendation: Approval REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Jorge Navarro, Esq. (Lobbyist), 333 SE 2nd Avenue, Miami, Florida 33131 addressed the Planning and Zoning Board. REPORT: Planning and Zoning Board Chairman, Mr. Perez spoke on this item. Motion to Approve: Mrs. Henriquez; Second: Mr. Ulloa Motion Passed: 6-0-1 with board member Mr. Iglesias absent. Item approved REPORT: Planning and Zoning Board Chairman, Diego Perez adjourned the meeting at 6:11 P.M. CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING REPORT: Planning and Zoning Board Chairman, Diego Perez called the meeting to order at 6:11 P.M. 1. Approval of Planning and Zoning Board Summary Agenda of March 27th, 2024 as submitted. 2  HIALEAH PLANNING AND ZONING BOARD MEETING- APRIL 10TH, 2024 Motion to Approve: Mrs. Henriquez; Second: Mr. Ulloa Motion Passed: 6-0-1 with board member Mr. Iglesias 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, MAY 14TH, 2024. 2. Final decision to allow rear setback of 2 feet and 7.5 feet, where 14 feet are required as per Ordinance 90-14 for an existing terrace and rear addition to be legalized. Property is located at 3195 West 70th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Hades Gonzalez on behalf of Elio Perez and Tamara Abull Perez Planner’s recommendation: Denial REPORT: Debora Storch, Planning and Zoning Director spoke on this item. REPORT: Hades Gonzalez (Lobbyist), 1700 SW 82nd Place, Miami, Florida 33155 addressed the Planning and Zoning Board. REPORT: Planning and Zoning Board Chairman, Mr. Perez spoke on this item. REPORT: Tamara Abull Perez (Owner), 3195 West 70th Street, Hialeah, Florida 33012 addressed the Planning and Zoning Board. 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, Mr. Ulloa spoke on this item. REPORT: Planning and Zoning Board Member, Mr. Santiesteban spoke on this item. REPORT: Planning and Zoning Board Member, Mr. Jimenez spoke on this item. REPORT: Planning and Zoning Board Member, Mr. Masson spoke on this item. Motion to Tabled Item until June 12th, 2024 meeting: Mr. Jimenez; Second: 3  HIALEAH PLANNING AND ZONING BOARD MEETING- APRIL 10TH, 2024 Motion fails ITEM WITHDRAWN AS PER APPLICANT’S REQUEST 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. Rezoning properties from R-1 (One-Family District) to TOD (Transit-Oriented Development District). Properties are located at 951 East 28th Street, and 2881 East 9th Avenue, Hialeah, zoned R-1 (One-Family District). Applicant: Jorge Navarro, Esq. on behalf of Tomas Vasquez Planner’s recommendation: Approval REPORT: Debora Storch, Planning and Zoning Director spoke on this item. REPORT: Jorge Navarro, Esq. (Lobbyist), 333 SE 2nd Avenue, Miami, Florida 33131 addressed the Planning and Zoning Board. REPORT: Planning and Zoning Board Chairman, Mr. Perez spoke on this item. Motion to Approve: Mrs. Henriquez; Second: Mr. Santiesteban Motion Passed: 6-0-1 with board member Mr. Iglesias absent. Item approved 4. Rezoning property from R-2 (One-and Two-Family Residential District) to P (Parking). Property is located at 1171 West 69th Place, Hialeah, zoned R-2 (One-and Two-Family Residential District). Applicant: Ceasar Mestre, Esq. on behalf of Adolfo Nuñez 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. REPORT: Planning and Zoning Board Member, Mr. Santiesteban spoke on this item. REPORT: Planning and Zoning Board Chairman, Mr. Perez spoke on this item. REPORT: Manny Reus, Architect, 10501 Pines Boulevard, Suite 342, Pembroke Pines, Florida 33029, addressed the Planning and Zoning Board. REPORT: City of Hialeah Assistant Attorney, Alexander Magrisso spoke on this item. Motion to Approve with Conditions: Mrs. Henriquez; Second: Mr. Santiesteban 4  HIALEAH PLANNING AND ZONING BOARD MEETING- APRIL 10TH, 2024 Motion Passed: 5-0-1 with board member Mrs. Henriquez voting NO and Mr. Iglesias absent. Item approved with the condition that this property proffers a Unity of Title to serve as a parking lot for the properties located at 1179 West 69th Place and 1174 West 70th Place. 5. Variance permit to allow a height of 60 feet, where 45 feet is the maximum height allowed, and to allow 60% lot coverage, where 45% is the maximum lot coverage allowed. Property is located at 111 East Okeechobee Road, Hialeah, zoned CR (Commercial Residential District). Applicant: Manny Reus, Architect on Behalf of SANXENXO 111 LLC 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 Member, Mr. Ulloa spoke on this item. Motion to Approve with Conditions: Mr. Ulloa; Second: Mrs. Henriquez Motion Passed: 6-0-1 with board member Mr. Iglesias absent. Item approved with the condition that the project shall be developed according to the plans submitted along with this application prepared by Manny Reus, Architect, signed and sealed on February 19th, 2024. The applicant is also required to submit a Declaration of Restrictive Covenants. 6. Conditional Use Permit (CUP) to allow a K-8th grade school with a maximum capacity of 97 students. Variance permit to allow interior west side setback of 9.5 feet, where 10 feet are required, and allow 20 parking spaces, where 26 parking spaces are required. Properties are located at 1179 West 69th Place, and 1174 West 70th Place, Hialeah, zoned R-3-3 (Multiple-Family District). Applicant: Ceasar Mestre, Esq. on behalf of Hope & Light School 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. REPORT: Planning and Zoning Board Member, Mr. Santiesteban spoke on this item. REPORT: Planning and Zoning Board Chairman, Mr. Perez 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- APRIL 10TH, 2024 REPORT: City of Hialeah Assistant Attorney, Alexander Magrisso spoke on this item. Motion to Approve with Conditions: Mr. Ulloa; Second: Mr. Masson Motion Passed: 6-0-1 with board member Mr. Iglesias absent. Item approved with the following conditions:  Provide a Declaration of Restrictions for the CUP including 97 maximum number of school grade students in Kindergarten and 8th grade school.  Obtain a building permit to convert property located at 1171 West 69th Place to a parking lot according to the plans submitted dated 12/04/2023 signed and sealed by Manny Reus, Architect.  Obtain a Change of Use approval within 90 days of CUP approval.  Provide a Unity of Title for the three lots considered to operate the school. 7. 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. TABLED ITEM FROM MARCH 27TH, 2024 MEETING Planner’s recommendation: Denial of the parking variance request and approval for the CUP request. Motion to Remove Item from Tabled: Mrs. Henriquez; Second: Mr. Santiesteban Motion Passed: 6-0-1 with board member Mr. Iglesias absent. Motion passed REPORT: Debora Storch, Planning and Zoning Director spoke on this item. REPORT: Hilda Milan (School Director), 4100 West 12th Avenue, Hialeah, Florida 33012 addressed the Planning and Zoning Board. REPORT: Planning and Zoning Board Chairman, Mr. Perez spoke on this item. Motion to Table Item Until April 24th, 2024 Meeting: Mr. Ulloa; Second: Mr. Masson Motion Passed: 6-0-1 with board member Mr. Iglesias absent. Item tabled until April 24th, 2024 meeting 8. 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 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 6  HIALEAH PLANNING AND ZONING BOARD MEETING- APRIL 10TH, 2024 TABLED ITEM FROM MARCH 27TH, 2024 MEETING Planner’s recommendation: Approval with conditions for the CUP and parking variance. Motion to Remove Item from Tabled: Mrs. Henriquez; Second: Mr. Ulloa Motion Passed: 6-0-1 with board member Mr. Iglesias absent. Motion passed 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. REPORT: Planning and Zoning Board Member, Mrs. Henriquez spoke on this item. Motion to Approve with Conditions: Mrs. Henriquez; Second: Mr. Santiesteban Motion Passed: 6-0-1 with board member Mr. Iglesias absent. Item approved with the following conditions:  Obtain Building and Street permits to re-establish the swale area with landscaping along West 12th Avenue according to plans submitted with this application signed and sealed by Mr. Jose Martinez on March 27, 2024.  Provide a declaration of restrictions for the CUP including 112 maximum number of school grade students in K-5 grade elementary school, in conjunction with a maximum of 81 children daycare. Including the designated parking spaces and modification to the entrance of the school to mitigate the traffic impact during drop-off and pick-up of children and students.  Obtain a Change of Use approval within 90 days of CUP approval. 9. Conditional Use Permit (CUP) to allow a Kindergarten class with a maximum capacity of 13 students in conjunction with a 47-children daycare. Variance to allow 7 parking spaces backing out into the street, where 9 parking spaces are required and backout parking is not allowed. Property is located at 118 West 7th Street, Hialeah, zoned R-3-D (Multifamily District). Applicant: Ceasar Mestre, Esq. on behalf of Second Home Daycare & School. Planner’s recommendation: Withdrawal of the parking variance and approval of the CUP 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. REPORT: Planning and Zoning Board Chairman, Mr. Perez spoke on this item. 7  HIALEAH PLANNING AND ZONING BOARD MEETING- APRIL 10TH, 2024 REPORT: Planning and Zoning Board Member, Mrs. Henriquez spoke on this item. REPORT: Miguel Ruiz (Owner), 118 West 7th Street, Hialeah, Florida 33010, addressed the Planning and Zoning Board. Motion to Approve as Recommended: Mr. Jimenez; Second: Mrs. Henriquez Motion Passed: 6-0-1 with board member Mr. Iglesias absent. Item approved as recommended 10. Conditional Use Permit (CUP) to allow a K-5th grade school with a maximum capacity of 55 students in conjunction with a 28-children daycare. Variance to allow 90 parking spaces in a shopping plaza that requires no less than 167 parking spaces, and variance to allow an allocation of 8 parking spaces, where the proportional allocation of parking shall be 10 parking spaces and the daycare/school requirement for the subject 5 bays is 17 parking spaces. Property is located at 1006 East 8th Avenue, Units 1004, 1006, 1008, 720, and 736, Hialeah, zoned C-2 (Liberal Retail Commercial District). Applicant: Ceasar Mestre, Esq. on behalf of My First Steps Learning School. Planner’s recommendation: Withdrawal of the parking variance and approval of the CUP 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. REPORT: Planning and Zoning Board Chairman, Mr. Perez spoke on this item. REPORT: Planning and Zoning Board Member, Mrs. Henriquez spoke on this item. Motion to Approve with Conditions and as Recommended: Mrs. Henriquez; Second: Mr. Jimenez. Motion Passed: 6-0-1 with board member Mr. Iglesias absent. Item approved with the following conditions:  CUP may be granted with the condition that the property owner creates 15 new parking spaces and that the school has eight (8) designated parking spaces.  Provide a Declaration of Restrictions Covenants for the CUP including 55 maximum number of students in Kindergarten-5th grade in conjunction with a maximum of 28 children daycare.  Obtain a Change of Use approval within 90 days of CUP approval. 11. Special Use Permit (SUP) to allow the expansion of the Neighborhood Business District (NBD) Overlay in relation to a proposed mixed-use development including 815 residential units and approximately 32,624 square feet of commercial space. Variance permit to allow waiving mass requirements; allow 10 feet front and street side setbacks, where 22 feet and 34 feet are required for the middle and penthouse levels, and allow 1,559 parking 8  HIALEAH PLANNING AND ZONING BOARD MEETING- APRIL 10TH, 2024 spaces where 2,006 parking spaces are required. Property is located at 1625 West 49th Street, Hialeah, zoned C-2 (Liberal Retail Commercial District). Applicant: Federico M. Moreno. Planner’s recommendation: Approval with conditions. REPORT: Debora Storch, Planning and Zoning Director spoke on this item. REPORT: Joe Jimenez, Esq. (Lobbyist), 2020 Salzedo Street, 5th Floor, Coral Gables, Florida, 33134, 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. REPORT: Planning and Zoning Board Member, Mrs. Henriquez spoke on this item. REPORT: Planning and Zoning Board Member, Mr. Masson spoke on this item. REPORT: Planning and Zoning Board Member, Mr. Santiesteban spoke on this item. Motion to Approve with Conditions: Mr. Jimenez and Mr. Santiesteban; Second: Mr. Masson. Motion Passed: 6-0-1 with board member Mr. Iglesias absent. Item approved with the conditions that the applicant proffers a demolition and construction schedule, and consistency with the plans in a Declaration of Restrictive Covenants. MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 12. Old Business. None. 13. New Business. Planning and Zoning Director, Debora Storch invited the board members to participate in Take Transit to Work Day on Friday, April 12th, 2024 to help identify ways to make the transit experience more efficient, safe, and convenient. REPORT: Planning and Zoning Board Chairman, Diego Perez adjourned the meeting at 8:26 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. 9  HIALEAH PLANNING AND ZONING BOARD MEETING- APRIL 10TH, 2024 NEXT PLANNING AND ZONING BOARD MEETING: WEDNESDAY, APRIL 24TH, 2024 AT 6:00 P.M. 10