Planning & Zoning Board

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING 2024 LAND USE MAP AMENDMENTS TO THE COMPREHENSIVE PLAN May 15th, 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 6:00 P.M. Invocation and pledge of allegiance. REPORT: Planning and Zoning Board member, John Ulloa 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: Zoning Hearing Specialist, Yiselis Gato 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- MAY 15TH, 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 Zoning Hearing Specialist, Yiselis Gato. 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. 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. TABLED ITEM FROM APRIL 24TH, 2024 MEETING Planner’s recommendation: Approval. Motion to Remove Item from Tabled: Mr. Santiesteban; Second: Mr. Iglesias. Motion Passed: 7-0. Item removed from tabled 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 Vice-Chairwoman, 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: Carmen Montejo, 165 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- MAY 15TH, 2024 REPORT: Nancy Reyes, 185 East 11th Street, Hialeah, Florida 33010, addressed the Planning and Zoning Board in opposition to this item. REPORT: Principal Planner, Claudia Hasbun spoke on this item. Motion to Approve: Mr. Jimenez; Second: Mr. Santiesteban Motion Passed: 4-3 with board members Mr. Ulloa, Mr. Masson, and Mrs, Henriquez voting NO. Item approved REPORT: Planning and Zoning Board Chairman, Diego Perez adjourned the meeting at 6: 59 P.M. CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING REPORT: Planning and Zoning Board Chairman, Diego Perez called the meeting to order at 6:59 P.M 1. Approval of Planning and Zoning Board Summary Agenda of April 24th, 2024 as submitted. Motion to Approve: Mr. Ulloa; Second: Mrs. Henriquez. 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. 2. 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 3  HIALEAH PLANNING AND ZONING BOARD MEETING- MAY 15TH, 2024 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. TABLED ITEM FROM APRIL 24TH, 2024 MEETING Planner’s recommendation: Approval Motion to Remove Item from Tabled: Mrs. Henriquez; Second: Mr. Ulloa and Mr. Santiesteban. Motion Passed: 7-0. Item removed from tabled 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. Motion to Approve: Mr. Jimenez; Second: Mr. Ulloa. Motion Passed: 7-0. Item approved 3. 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. TABLED ITEM FROM APRIL 24TH, 2024 MEETING Planner’s recommendation: Approval with conditions. Motion to Remove Item from Tabled: Mr. Santiesteban; Second: Mrs. Henriquez. Motion Passed: 7-0. Item removed from tabled REPORT: Planning and Zoning Director, Debora Storch spoke on this item. 4  HIALEAH PLANNING AND ZONING BOARD MEETING- MAY 15TH, 2024 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. Ulloa spoke on this item. REPORT: Planning and Zoning Board member, Mr. Santiesteban spoke on this item. Motion to Approve with Conditions: Mr. Jimenez; Second: Mr. Iglesias. Motion Passed: 5-2 with board members Mr. Masson and Mrs. Henriquez voting NO. Item approved with the following conditions:  The right-of-way area will be converted into on-street parking, increasing the parking capacity.  each residential unit will have secure at least one parking space and the commercial space would benefit from the remaining 3 parking spaces and the on-street parking area created by this project.  The landscaping provided is to enhance the sidewalk along East 11 Street and East 1 Avenue.  The project shall be developed in accordance with the plans submitted along with this application, prepared by Alberto O. Gonzalez Architect, PA received on April 23, 2024.  The updated set of plans includes a domino’s plaza, three pieces of art, a dog park, and an improved corner detail with an art mural, these improvements are imperative to reach the required incentives to increase the density of the project.  The applicant is to enter into a declaration of restriction for the SUP.  In addition, the project shall provide an exterior color palette before the City Council meeting. 4. 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 Retail Commercial District). Applicant: Carlos Trujillo. Planner’s recommendation: Approval with conditions. REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Diana Garcia, (Lobbyist), 1443 West 43rd Place, Hialeah, 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. 5  HIALEAH PLANNING AND ZONING BOARD MEETING- MAY 15TH, 2024 REPORT: Planning and Zoning Board member, Mr. Santiesteban spoke on this item. Motion to Approve with conditions: Mrs. Henriquez; Second: Mr. Iglesias. Motion Passed: 6-1 with Board member Mr. Santiesteban voting NO. Item approved with the following conditions:  The Business owner shall develop the property in accordance to the plans submitted by Mr. Jose E. Polanco signed and sealed on Apirl 19, 2024 which reflect the removal of the excess signages (wood panel signs and all the flags).  Installation of 27 new canppy trees.  The legalization of the southwest parking lot area with its proper drainage. 5. Variance permit to allow the expansion of a legal non-conforming use of an existing daycare. Conditional Use Permit (CUP) to allow a K-3rd grade elementary school with a maximum capacity of 24 students in conjunction with a 24-children daycare. Variance permit to allow 0 parking spaces, where 5 parking spaces are required. Property is located at 6861 West 14th Court, Hialeah, zoned C-1 (Restricted Retail Commercial District). Applicant: Dania Jurado and Migda Navarro. Planner’s recommendation: Denial REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Dania Jurado (Owner), 6861 West 14th Court, Hialeah addressed the Planning and Zoning Board. REPORT: Migda Navarro (Owner), 6861 West 14th Court, Hialeah 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: Yasmin Gavaliche, 6146 West 14th Court, Hialeah, spoke in favor of this item. REPORT: Robert Ramos, 6146 West 14th Court, Hialeah, spoke in favor of this item. REPORT: Ashley Hinze, 2681 West 74th Terrace, Hialeah, spoke in favor of this item. REPORT: Dalay Rodriguez, 1370 West 69th Street, Hialeah, spoke in favor of this item. Motion to Table Item until May 29th, 2024 Meeting: Mr. Jimenez; Second: Mr. Iglesias. 6  HIALEAH PLANNING AND ZONING BOARD MEETING- MAY 15TH, 2024 Motion Passed: 6-1 with board member Mr. Ulloa voting NO. Item Tabled until May 29th, 2024 meeting. 6. 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 18 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 Centers. Planner’s recommendation: Approval 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, Mr. Perez spoke on this item. REPORT: Planning and Zoning Board Vice-Chairwoman, Mrs. Henriquez spoke on this item. Motion to Approve with Conditions: Mr. Iglesias; Second: Mr. Jimenez. Motion Passed: 7-0. Item approved with the following conditions:  Obtain a Change of Use approval before the 2024-2025 school opening.  Provide a declaration of restrictions for the CUP including 44 maximum number of students in K-1st grade school in conjunction with a 75-children daycare.  Obtain all required building permits to implement improvements as shown on site plan dated March 27, 2024 signed and sealed by Jose A. Martinez, PE, in addition, to install bollards in the perimeter of the playgrounds, all these improvements are to be completed before 2024-2025 school year.  All children are to be dropped off and picked up as shown on the plans listed above 7. 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).). 7  HIALEAH PLANNING AND ZONING BOARD MEETING- MAY 15TH, 2024 Applicant: Alejandro Arias, Esq., on behalf of 701 Lofts, LLC. TABLED ITEM FROM APRIL 24TH, 2024 MEETING Planner’s recommendation: Denial NO ACTION, THE ITEM REMAINS TABLED UNTIL MAY 29TH, 2024 MEETING. 8. 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. TABLED ITEM FROM APRIL 24TH, 2024 MEETING Planner’s recommendation: Approval with conditions. Motion to Remove Item from Tabled: Mrs. Henriquez; Second: Mr. Ulloa. Motion Passed: 7-0. Item removed from tabled 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: Mr. Ulloa; Second: Mrs. Henriquez. Motion Passed: 7-0. Item approved with the following conditions:  Provide a Declaration of Restrictions and a Unity of Title for the two parcels that will reflect the cost estimate and construction schedule.  The project shall be developed according to plans prepared by OA Architecture signed and sealed by Daniel Alonso dated 11.13.2023. 9. ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, AMENDING THE HIALEAH CODE OF ORDINANCES CHAPTER 74 ENTITLED “SIGNS”, ARTICLE III. “REGULATIONS”, DIVISION 1. “GENERALLY,”, § 74-146 “PROHIBITED SIGNS AND SIGN DEVICES”; AND CREATING § 74-151 “ADDITIONAL BILLBOARDS”; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. 8  HIALEAH PLANNING AND ZONING BOARD MEETING- MAY 15TH, 2024 REPORT: Planning and Zoning Director, Deborah Storch spoke on this item. REPORT: Assistant City Attorney, Alexander J. Magrisso, Esq. spoke on this item. Motion to Approve: Mr. Santiesteban; Second: Mr. Jimenez Motion Passed: 7-0 Item approved 10. ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, AMENDING THE HIALEAH “LAND DEVELOPMENT CODE”, “REGULATION NO. 7 “SIGN REGULATION”; § 7-3 “PROHIBITED SIGNS AND SIGN DEVICES”; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. REPORT: Planning and Zoning Director, Deborah Storch spoke on this item. REPORT: Assistant City Attorney, Alexander J. Magrisso, Esq. spoke on this item. Motion to Approve: Mrs. Henriquez; Second: Mr. Iglesias Motion Passed: 7-0 Item approved MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 11. FINAL PLAT OF 7-ELEVEN HIALEAH OKEECHOBEE AND EIGHTEENTH REPORT: Planning and Zoning Director, Debora Storch spoke on this item. Motion to Approve: Mrs. Henriquez; Second: Mr. Santiesteban Motion Passed: 7-0 Item approved 12. Old Business. None. 13. New Business. Planning and Zoning Board member, Abdel Jimenez reflected on prospective approaches on how future meetings should be conducted. REPORT: Planning and Zoning Board Chairman, Diego Perez adjourned the meeting at 9:00 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- MAY 15TH, 2024 NEXT PLANNING AND ZONING BOARD MEETING: WEDNESDAY, MAY 29TH, 2024 AT 6:00 P.M. 10