Planning & Zoning Board

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING 2024 LAND USE MAP AMENDMENTS TO THE COMPREHENSIVE PLAN April 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 6:02 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- APRIL 24TH, 2024 Present: Mrs. Henriquez, Mr. Ulloa, Mr. Perez, Mr. Jimenez, Mr. Masson, Mr. Santiesteban and 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, MAY 14TH, 2024. LU-1. Small Scale Map Amendment from Major Institutions to Medium-Density Residential. Property is located at 1098 East 1st Avenue, Hialeah, zoned R-2 (One-and Two-Family Residential District). Applicant: Alejandro Arias, Esq., on behalf of Iglesia Cristiana Vida, Inc. Planner’s recommendation: Approval. REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Alejandro Arias, Esq. (Lobbyist), 701 Brickell Avenue, Suite 3300, Miami, Florida 33131 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. Santiesteban spoke on this item. REPORT: Planning and Zoning Board Member, Mrs. Henriquez spoke on this item. REPORT: Planning and Zoning Board Member, Mr. Jimenez spoke on this item. REPORT: Planning and Zoning Board Member, Mr. Ulloa spoke on this item. REPORT: Assistant City Attorney, Alexander J. Magrisso, Esq. spoke on this item. REPORT: Carmen Montejo, 165 East 11th Street, Hialeah, Florida 33010, addressed the Planning and Zoning Board in opposition to this item. REPORT: Nancy Reyes, 185 East 11th Street, Hialeah, Florida 33010, addressed the Planning and Zoning Board in opposition to this item. REPORT: Giovani Gonzalez, 66 East 11th Street, Hialeah, Florida 33010, addressed the Planning and Zoning Board in opposition to this item. 2  HIALEAH PLANNING AND ZONING BOARD MEETING- APRIL 24TH, 2024 REPORT: Rosario Gonzalez, 66 East 11th Street, Hialeah, Florida 33010, addressed the Planning and Zoning Board in opposition to this item. Motion to Approve with Conditions: Mr. Iglesias; Second: Mr. Jimenez Motion Failed: 3-4 with board members Mr. Ulloa, Mr. Santiesteban, Mrs. Henriquez, and Mr. Masson voting NO. Motion failed Motion to Table Item Until May 15th, 2024 Meeting: Mr. Jimenez; Second: Mr. Masson and Mr. Ulloa Motion Passed: 7-0. Item Tabled until May 15th, 2024 meeting. 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 Chairman, Diego Perez called the meeting to order at 6:41 P.M. 1. Approval of Planning and Zoning Board Summary Agenda of April 10th, 2024 as submitted. Motion to Approve: Mr. Ulloa; Second: Mr. Iglesias 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, MAY 28TH, 2024. 3  HIALEAH PLANNING AND ZONING BOARD MEETING- APRIL 24TH, 2024 2. Final decision to allow street side setback of 5 feet, where 15 feet are required for an existing terrace to be legalized, and to allow street side setback of 13.5 feet, where 15 feet is the minimum required for an existing accessory structure to be legalized. Property is located at 502 East 14th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Zuleidy Chaple Diaz and Roberto Martinez. Planner’s recommendation: Denial REPORT: Debora Storch, Planning and Zoning Director spoke on this item. REPORT: Zuleidy Chaple Diaz, 502 East 14th Street, Hialeah Florida 33010, 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 Postpone Item: Mr. Ulloa; Second: Mr. Iglesias Motion Passed: 7-0 Item postponed until further notice. 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. 3. Proposed amendment to the existing Declaration of Restrictive Covenants and Unity of Title recorded in Official Record Book 16509, Page 0760, of the public records of Miami-Dade County in order to release a restriction on the property which limits the utilization of the property as a religious institution. Property is located at 1098 East 1st Avenue, Hialeah, zoned R-2 (One-and Two-Family Residential District). Applicant: Alejandro Arias, Esq., on behalf of Iglesia Cristiana Vida, Inc. Planner’s recommendations: Approval. REPORT: Debora Storch, Planning and Zoning Director spoke on this item. REPORT: Alejandro Arias, Esq. (Lobbyist), 701 Brickell Avenue, Suite 3300, Miami, Florida 33131 addressed the Planning and Zoning Board. REPORT: Planning and Zoning Board Chairman, Mr. Perez spoke on this item. Motion to Table Item Until May 15th, 2024 Meeting: Mr. Jimenez; Second: Mrs. Henriquez Motion Passed: 7-0. Item Tabled until May 15th, 2024 meeting. 4  HIALEAH PLANNING AND ZONING BOARD MEETING- APRIL 24TH, 2024 4. Rezoning property from R-2 (One-and Two-Family Residential District) to R-3-1 (Multiple-Family District). Special Use Permit (SUP) to allow the expansion of the Neighborhood Business District (NBD) overlay in relation to a proposed mixed-use development including 27 residential units and 488 square feet of commercial space. Variance permit to allow residential use on the ground floor, where residential use is only allowed above the ground floor; allow 27 units with areas ranging from 488 square feet to 626 square feet, where only 10% of residential units may have a minimum area of 600 square feet; Variance to waive the building mass and building frontage development standards; allow street frontage of 135 feet facing East 1st Avenue and 150 feet facing East 11th Street, where minimum street frontage of 200 feet are required. Variance permit to allow rear setback of 10 feet, where 15 feet are required; allow 30 parking spaces, where 61 parking spaces are required, and allow 28.5% pervious area, where 30% pervious area is required. Property is located at 1098 East 1st Avenue, Hialeah, zoned R-2 (One-and Two-Family Residential District). Applicant: Alejandro Arias, Esq., on behalf of Iglesia Cristiana Vida, Inc. Planner’s recommendations: Approval with conditions. REPORT: Debora Storch, Planning and Zoning Director spoke on this item. REPORT: Alejandro Arias, Esq. (Lobbyist), 701 Brickell Avenue, Suite 3300, Miami, Florida 33131 addressed the Planning and Zoning Board. REPORT: Planning and Zoning Board Chairman, Mr. Perez spoke on this item. Motion to Table Item Until May 15th, 2024 Meeting: Mr. Jimenez; Second: Mrs. Henriquez Motion Passed: 7-0. Item Tabled until May 15th, 2024 meeting. 5. Rezoning property from R-1 (One-Family District) to R-2 (One-and-Two-Family Residential District). Variance permit to allow the construction of a new detached duplex on a substandard lot having a lot width of 60 feet, where 75 feet are required; allow total area of 7,021.17 square feet, where 7,500 square feet are required, and allow a rear setback of 13 feet, where 25 feet are required. Property is located at 337-339 Jai Lai Street, Hialeah, zoned R-1 (One-Family District). Applicant: Rogelio Veloz and Yany Veloz. Planner’s recommendation: Approval with conditions. REPORT: Debora Storch, Planning and Zoning Director spoke on this item. REPORT: Yany Veloz, 614 East 51st Street, Hialeah, Florida 33013, addressed the Planning and Zoning Board. REPORT: Rachel Veloz, 614 East 51st Street, Hialeah, Florida 33013, addressed the Planning and Zoning Board. REPORT: Planning and Zoning Board Member, Mr. Jimenez spoke on this item. 5  HIALEAH PLANNING AND ZONING BOARD MEETING- APRIL 24TH, 2024 REPORT: Planning and Zoning Board Member, Mr. Santiesteban spoke on this item. Motion to Approve with Conditions: Mr. Iglesias; Second: Mr. Jimenez and Mr. Santiesteban. Motion Passed: 7-0. Item approved with the condition that the lot is developed according to the submitted plans signed and sealed by Arshad Viqar, P.E. dated February 13, 2024. 6. Rezoning property from R-1 (One-Family District) to P (Parking District). Property is located at 112 East 14th Street, Hialeah zoned R-1 (One-Family District). Applicant: Manny Reus, Architect. 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. Jimenez spoke on this item. REPORT: Planning and Zoning Board Member, Mrs. Henriquez spoke on this item. Motion to Approve with Conditions: Mr. Iglesias; Second: Mr. Jimenez Motion Passed: 7-0. Item approved with the condition that the property owner proffers a Unity of Title in order for the property to serve as a parking lot for property located at 1425 East 1st Avenue. 7. Rezoning property located at 374 East 12th Street from R-2 (One-and Two-Family Residential District) to B-1 (Highly Restricted Retail District) and variance permit to allow 6.8% pervious area, where 18% pervious area is the minimum required. Properties are located at 374 East 12th Street, 398 East 12th Street, and 400 East 12th Street, Hialeah, zoned R-2 (One-and Two-Family Residential District) and B-1 (Highly Restricted Retail District). Applicant: Ceasar Mestre, Esq., on behalf of Rincon de San Lazaro, 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. REPORT: Planning and Zoning Board Chairman, Mr. Perez spoke on this item. REPORT: Planning and Zoning Board Member, Mr. Jimenez spoke on this item. 6  HIALEAH PLANNING AND ZONING BOARD MEETING- APRIL 24TH, 2024 Motion to Approve with Conditions: Mr. Jimenez; Second: Mr. Iglesias. Motion Passed: 7-0 Item approved with the following conditions:  The property owner must proffer a Unity of Title to ensure Lot 10 can function as an ancillary use to the church.  Paving and drainage plans, a demolishing permit for the illegal carport, and a landscape and irrigation recertification shall be provided during the Building permit process. 8. Variance permit to allow a gas station canopy sign of 24.76 square feet, where 9 square feet is the maximum allowed. Properties are located at 336 and 398 West 9th Street, Hialeah, zoned C-3 (Extended Liberal Commercial District). Applicant: Armando Antelo. Planner’s recommendation: Approval REPORT: Debora Storch, Planning and Zoning Director spoke on this item. REPORT: Cassandra Antelo, 1745 West 37th Street, Bay 7, Hialeah, Florida 33012, 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: Mrs. Henriquez; Second: Mr. Iglesias. Motion Passed: 7-0. Item approved 9. 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 APRIL 10TH, 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 and Mr. Masson. Motion Passed: 7-0. Item removed from tabled REPORT: Debora Storch, Planning and Zoning Director spoke on this item. 7  HIALEAH PLANNING AND ZONING BOARD MEETING- APRIL 24TH, 2024 REPORT: Hilda Milan, 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. 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: Assistant City Attorney. Alexander J. Magrisso, Esq. spoke on this item. Motion to Approve Item as Amended and with Conditions: Mrs. Henriquez; Second: Mr. Masson and Mr. Iglesias. Motion Passed: 7-0. Item approved as amended and with the following conditions:  Provide a Declaration of Restrictive Covenants for the CUP including 38 maximum number of school grade students in K and 5th grade school, in conjunction with a maximum of 52 children daycare.  Obtain a Change of Use approval within 90 days of CUP approval.  Shopping center property owner to submit an operational parking plan and parking variance to satisfy the parking requirements of the entire shopping center. 10. Conditional Use Permit (CUP) to allow a K-1st grade elementary 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. ITEM WITHDRAWN TO BE RE-ADVERTISED NO ACTION 11. Conditional Use Permit (CUP) to allow a K-6th grade school with a maximum capacity of 80 students, in conjunction with a 76-children daycare. Property is located at 470 West 49th Street, Unit B, Hialeah, zoned C-2 (Liberal Retail Commercial District). Applicant: Ceasar Mestre, Esq., on behalf of Children’s Paradise Learning Center. 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 with Conditions: Mrs. Henriquez; Second: Mr. Iglesias and Mr. Santiesteban. Motion Passed: 7-0. 8  HIALEAH PLANNING AND ZONING BOARD MEETING- APRIL 24TH, 2024 Item approved with the following conditions:  Apply for a building permit including improvements to facilitate school students entrance through the south side of the building, installation of bollards in the perimeter of the playground and in front of the west side glass door.  Eliminate daycare drop-off on the west side of the building.  Implement school pick-up/drop-off as shown on plans Signed and sealed by Carlos Pizarro, R.A. dated 11/11/2023. 12. Special Use Permit (SUP) to allow the expansion of the Neighborhood Business District (NBD) overlay in relation to a proposed development including 24 residential units. Variance permit to allow residential use only, where mixed use is required and to allow residential use on the ground floor, where residential use is only allowed above the ground floor; allow 24 units with an area of 560 square feet, where only 10% of residential units may have a minimum area of 600 square feet; Variance to waive the building mass and building frontage development standards; allow a site area of 17,148 square feet with a street frontage of 109.16 feet, where a minimum site area of 20,000 square feet and a minimum street frontage of 200 feet are required. Variance permit to allow front setback of 5 feet, where 10 feet built-to-line are required; allow rear setback of 4 feet, where 15 feet are required; allow 31 parking spaces, where 50 parking spaces are required, and allow 15.5% pervious area, where 30% pervious area is required. Property is located at 701 East 21st Street, Hialeah, zoned R-3-2 (Multiple-Family District).). Applicant: Alejandro Arias, Esq., on behalf of 701 Lofts, LLC. REPORT: Debora Storch, Planning and Zoning Director spoke on this item. REPORT: Alejandro Arias, Esq. (Lobbyist), 701 Brickell Avenue, Suite 3300, Miami, Florida 33131 addressed the Planning and Zoning Board. Motion to Table Item: Mr. Jimenez; Second: Mrs. Ulloa. Motion Passed: 7-0. Item tabled until May 15th, 2024 meeting. 13. Special Use Permit (SUP) to allow the expansion of the Neighborhood Business District (NBD) overlay in relation to a proposed mixed-use development including 21 residential units and approximately 2,050 square feet of commercial space. Variance permit to allow 3 residential units with an area of 593 square feet, where only 10% of residential units may have a minimum area of 600 square feet; Variance to waive the building mass and building frontage development standards, and to allow a site area of 13,500 square feet with a street frontage of 135 feet, where a minimum site area of 20,000 square feet and a minimum street frontage of 200 feet are required, and to allow 10.71% pervious area, where 30% pervious area is the minimum required. Properties are located at 805 Palm Avenue and 11 East 8th Street, Hialeah, zoned CR (Commercial Residential District). Applicant: Ceasar Mestre, Esq., on behalf of 11 E 8 St, LLC. REPORT: Debora Storch, Planning and Zoning Director spoke on this item. 9  HIALEAH PLANNING AND ZONING BOARD MEETING- APRIL 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 Member, Mr. Ulloa spoke on this item. Motion to table item: Mr. Ulloa; Second: Mrs. Henriquez and Mr. Masson. Motion Passed: 7-0. Item tabled until May 15th, 2024 meeting MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 14. FINAL PLAT OF BALLIA’S VILLAGE SUBDIVISION. Planner’s recommendation: Approval. REPORT: Debora Storch, Planning and Zoning Director spoke on this item. Motion to Approve: Mr. Ulloa; Second: Mrs. Henriquez and Mr. Iglesias. Motion Passed: 7-0. Item approved 15. Old Business. None. 16. New Business. Planning and Zoning Board Chairman and Vice-Chairman Election. Motion to Nominate Mr. D. Perez for Chairman of the Planning and Zoning Board: Mr. Iglesias; Second: Mr. Jimenez and Mr. Santiesteban. Motion Passed: 7-0. Motion to Nominate Mrs. Henriquez for Vice-Chairman of the Planning and Zoning Board: Mr. Ulloa; Second: Mr. Masson, Mr. Iglesias, and Mr. Santiesteban. Motion Passed: 7-0. REPORT: Planning and Zoning Board Chairman, Diego Perez adjourned the meeting at 8:12 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, MAY 15TH, 2024 AT 6:00 P.M. 10