Planning & Zoning Board

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING 2024 LAND USE MAP AMENDMENTS TO THE COMPREHENSIVE PLAN September 11th, 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 6:01 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: 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. 1. Roll Call. 1  HIALEAH PLANNING AND ZONING BOARD MEETING- SEPTEMBER 11TH, 2024 Present: Mr. Perez, Mr. Iglesias, Mr. Ulloa, Mrs. Henriquez, Mr. Santiesteban, and Mr. Masson. Late: Mr. Jimenez arrived at 6:09 p.m. 2. Approval of Planning and Zoning Board Summary Agenda of August 28th, 2024 as submitted. Motion to Approve: Mr. Ulloa; Second: Mr. Santiesteban. 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 Zoning Hearing Specialist, Yiselis Gato. 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, OCTOBER 8TH, 2024. 3. Final decision to allow a rear setback of 7.1 feet, where 7.5 feet is the minimum required, and street side setback of 7.70 feet, where 15 feet are required for a 365 square feet accessory building. Property is located at 10 West 63rd Street, Hialeah, zoned R-1 (One- Family District). Applicant: Manuel Rodriguez Planner’s recommendation: Approval with conditions. REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Manuel Rodriguez (Owner) 10 West 63rd Street, 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. Santiesteban spoke on this item. Motion to Approve with Conditions: Mr. Santiesteban; Second: Mrs. Henriquez. Motion Passed: 7-0 2  HIALEAH PLANNING AND ZONING BOARD MEETING- SEPTEMBER 11TH, 2024 FINAL DECISION NO. 2024-08. Item approved with the following conditions:  Property shall provide pervious area at a minimum of 30%.  No second access and curb-cut will be built along Palm Avenue.  The accessory building will only be utilized for personal use.  No bathroom or kitchen will be included within the accessory structure.  No business will be conducted at and from the accessory building.  Noise levels within the accessory structure shall be maintained at a level to not exceed. 75 decibels. 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, SEPTEMBER 24TH, 2024. 4. Rezoning property located at 445 West 11th Street from R-1 (One-Family District) to R- 3-1 (Multiple-Family District). Variance permit to allow interior west side setback of 4.97 feet, where 10 feet are required; allow interior east side setback of 4 feet, 6 inches, where 10 feet are required, and allow rear setback of 15.39 feet, where 20 feet are required. Allow a Conditional Use Permit (CUP) for properties located at 441 West 11th Street and 445 West 11th Street to allow a K-1st grade school with a maximum capacity of 19 students. Variance permit to allow 4 parking spaces, where 13 parking spaces are required, and to allow all parking spaces to back out into the right-of-way, where back out into the right- of-way is only permitted in Low-Density Residential properties. Properties are located at 441 West 11th Street and 445 West 11th Street, Hialeah, zoned R-1 (One-Family District) and R-3 (Multiple-Family District). Applicant: Ceasar Mestre, Esq. on behalf of Little Angel Academy. Planner’s recommendation: Approval with parking variance, CUP, variances and rezoning to R-3-1 subject to the seven conditions outlined above. 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 Member, Mrs. Henriquez spoke on this item. REPORT: Planning and Zoning Board Member, Mr. Santiesteban spoke on this item. Motion to Approve with Conditions: Mrs. Henriquez; Second: Mr. Santiesteban. Motion Passed: 7-0. Item approved with the following conditions: 3  HIALEAH PLANNING AND ZONING BOARD MEETING- SEPTEMBER 11TH, 2024  Keep the designated off-street (inside the property lines) parking areas operational as parking at all times during daycare/school operation hours.  Do not use the off-street (inside the property lines) parking area as a playground.  On-street parking (outside the property) adjacent to the sidewalk shall be stripped as parallel parking with the required Streets Department permits in order to avoid parking on top of the existing sidewalk.  Have school staff available during drop-off and pick up hours to directly supervise on-street parking (outside the property) by parents and teachers to make sure that the existing sidewalk remains clear and no cars park encroaching into the sidewalk.  Provide unity of title for 441 and 445 West 11th Street  Restrict school to K and 1st grade with a maximum total of 19 students  Rezoning of 445 West 11th Avenue shall be limited to the most restrictive R-3 classification, namely R-3-1 5. Rezoning property from R-1 (One-Family District) to R-3-5 (Multiple-Family District). Variance permit to allow front setback of 10 feet, where 25 feet is the minimum required; allow interior east and west side setbacks of 5 feet, where 10 feet is the minimum required; allow rear setback of 5 feet, where 20 feet is the minimum required, and to allow 27% pervious area, where 30% is the minimum required. Property is located at 533 East 22nd Street, Hialeah, zoned R-1 (One-Family District). Applicant: 533 East 22nd Street, LLC. Planner’s recommendation: Approval. REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Planning and Zoning Board Chairman, Mr. Perez spoke on this item. REPORT: Planning and Zoning Board Member, Mr. Jimenez spoke on this item. Motion to Table Item Until September 25th, 2024 Meeting: Mr. Ulloa Second: Mr. Masson. Motion Passed: 7-0. Item tabled until September 25th, 2024 meeting 6. Rezoning property from R-1 (One-Family District) to R-2 (One-and Two-Family Residential District). Variance to allow one of the units to have a floor area of 787.2 square feet, where 1,000 square feet is the minimum required. Property is located at 991 East 17th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Isis M. Sieira. Planner’s recommendation: Approve only rezoning to R-2 with the four conditions detailed above. REPORT: Planning and Zoning Director, Debora Storch spoke on this item. Motion to Table Item Until September 25th, 2024 Meeting: Mr. Santiesteban; Second: Mrs. Henriquez. Motion Passed: 7-0. 4  HIALEAH PLANNING AND ZONING BOARD MEETING- SEPTEMBER 11TH, 2024 Item tabled until September 25th, 2024 meeting. 7. Variance permit to allow a 21-foot boat to park in the front yard of a townhouse, where parking a boat in the front yard of a townhouse is not allowed, and to allow 1 parking space, where 2 parking spaces are required. Property is located at 6935 West 3rd Court, Hialeah, zoned R-3 (Mutltiple-Family District). Applicant: Miguel Angel Pita. Planner’s recommendation: Denial. REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Miguel Angel Pita (Owner), 6935 West 3rd Court, 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. Santiesteban, 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. Iglesias, spoke on this item REPORT: Lino Perera, 6940 West 3rd Ave, Hialeah, Florida 33012, addressed the Planning and Zoning Board with questions and concerns. REPORT: Eddie Dennis, 6965 West 3rd Court, Hialeah, Florida 33012, addressed the Planning and Zoning Board with questions and concerns. REPORT: Assistant City Attorney, Alexander J. Magrisso, Esq., spoke on this item. REPORT: Planning and Zoning Principal Planner, Claudia Hasbun, spoke on this item. Motion to Deny: Mr. Ulloa; Second: Mr. Santiesteban. Motion Failed: 3-4. Motion failed. Motion to Approve: Mr. Jimenez; Second: Mr. Masson. Motion Passed: 4-3. 5  HIALEAH PLANNING AND ZONING BOARD MEETING- SEPTEMBER 11TH, 2024 Item approved. 8. Variance permit to allow surface parking facing West 4th Avenue, where surface parking shall not be located at the front of the building, and to allow 272 parking spaces, where 287 parking spaces are required. Property is located at 7450 West 4th Avenue, Hialeah, zoned R-3-3 (Multiple-Family District). Applicant: Alejandro Arias, Esq. on behalf of Amelia TH 4.9, LLC. Planner’s recommendation: Approval. NO ACTION Item was withdrawn as per the applicant’s request until further notice. 9. Conditional Use Permit (CUP) to allow a Kindergarten class with a maximum capacity of 23 students in conjunction with a 73-children daycare. Property is located at 1575 West 42nd Street, Units 4203, 4205, 4231, and 4235, Hialeah, zoned C-2 (Liberal Retail Commercial District). Applicant: Ceasar Mestre, Esq. on behalf of My Happy House Daycare, Corp. 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 Chairman, Mr. Perez 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. Motion To Approve: Mrs. Henriquez; Second: Mr. Iglesias. Motion Passed: 7-0. Item approved. 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” DIVISION 33 ENTITLED “NBD NEIGHBORHOOD BUSINESS DISTRICT”, AMENDING § 98-1627 “PURPOSE”, § 98-1628 “DEFINITIONS”, § 98-1629 “GEOGRAPHIC AREA AND EXCLUSION”, § 98-1630.1 “PERMITTED USES, LIMITATIONS AND PROHIBITED COMMERCIAL USES”, § 98-1630.2 “BUILDING USES”, § 98-1630.3 “DEVELOPMENT STANDARDS”, § 98-1630.4 “HEIGHT INCENTIVES”, § 98-1630.6 “BUILDING DESIGN CONCEPT REQUIREMENTS”, § 98-1630.7 “DEVELOPMENT STANDARDS”, § 98-1630.8 “LIMITED EXPANSION OF NBD OVERLAY DISTRICT REGULATIONS SUBJECT TO SPECIAL USE PERMIT”, § 98-1630.9 “SITE PLAN REVIEW, AND DEMOLITION, AND CONSTRUCTION SCHEDULE”, § 98-2189 “MINIMUM REQUIRED OFF-STREET PARKING SPACES”, AND STRIKING § 98- 1630.5 “DENSITY INCENTIVES”; REPEALING ALL ORDINANCES OR PARTS OF 6  HIALEAH PLANNING AND ZONING BOARD MEETING- SEPTEMBER 11TH, 2024 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. Jimenez spoke on this item. Motion to Approve: Mrs. Henriquez; Second: Mr. Iglesias. Motion Passed: 7-0 Item approved. MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 11. Old Business. None. 12. New Business. Planning and Zoning Director, Debora Storch reminded the board members of the upcoming workshops for the City of Hialeah 2050 Master Plan. REPORT: Planning and Zoning Board Chairman, Diego Perez adjourned the meeting at 7:55 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, SEPTEMBER 25TH, 2024 AT 6:00 P.M. 7