Planning & Zoning Board

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING 2024 LAND USE MAP AMENDMENTS TO THE COMPREHENSIVE PLAN September 25th, 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, Mr. 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: Planning and Zoning Hearing Specialist, Yumai Oliva 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 25TH, 2024 Present: Mr. Perez, Mr. Iglesias, Mr. Ulloa, Mrs. Henriquez, Mr. Jimenez, and Mr. Masson. Absent: Mr. Santiesteban. 2. Approval of Planning and Zoning Board Summary Agenda of September 11th, 2024 as submitted. Motion to Approve: Mrs. Henriquez; Second: Mr. Iglesias. Motion Passed: 6-0-1 with board member Mr. Santiesteban absent. 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 Planning and Zoning Hearing Specialist, Yumai Oliva. 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 22ND, 2024. 3. 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 14.1 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: Roberto Martinez and Zuleydi Chaple Diaz Planner’s recommendation: Withdraw as per the applicant’s request. REPORT: Planning and Zoning Principal Planner, Claudia Hasbun confirmed this item is withdrawn by applicant’s request. No action on this item. Item is withdrawn by the 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, OCTOBER 8TH, 2024. 2  HIALEAH PLANNING AND ZONING BOARD MEETING- SEPTEMBER 25TH, 2024 REPORT: Ceasar Mestre, Esq. (Lobbyist), 8105 NW 155th Street, Miami Lakes, Florida 33016, addresses the Planning and Zoning Board prioritize his agenda items (items 6 and 9) to be heard first due to a family emergency. 4. 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. The property is located at 533 East 22nd Street, Hialeah, zoned R-1 (One-Family District). Applicant: 533 East 22nd Street, LLC. TABLED ITEM FROM SEPTEMBER 11TH, 2024 MEETING Planner’s recommendation: Approval Motion to Remove Item from Table: Mrs. Henriquez; Second: Mr. Ulloa. Motion Passed: 6-0-1 with board member Mr. Santiesteban absent. Item removed from table. REPORT: Planning and Zoning Principal Planner, Claudia Hasbun spoke on this item. REPORT: Alex Arniela (Owner), 533 East 22nd Street, Hialeah, Florida 33013, 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 Mrs. Henriquez spoke on this item. Motion to Approve: Mr. Jimenez; Second: Mrs. Henriquez. Motion Passed: 6-0-1 with board member Mr. Santiesteban absent. Item approved. 5. 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 TABLED ITEM FROM SEPTEMBER 11TH, 2024 MEETING Planner’s recommendation: Approve only the rezoning to R-2 with conditions. REPORT: Planning and Zoning Principal Planner, Claudia Hasbun spoke on this item. REPORT: Planning and Zoning Board Chairman, Mr. Perez spoke on this item. 3  HIALEAH PLANNING AND ZONING BOARD MEETING- SEPTEMBER 25TH, 2024 REPORT: Planning and Zoning Board Member, Mr. Ulloa spoke on this item. REPORT: Assistant City Attorney, Alexander J. Magrisso spoke on this item. Motion to Continue to Table the Item Until October 9th, 2024 Meeting: Mr. Ulloa Second: Mr. Masson. Motion Passed: 6-0-1 with board member Mr. Santiesteban absent. Item tabled until Octotber 9th, 2024 meeting. 6. Rezoning property from RO (Residential Office District) to OPS (Offices and Professional Services District). Variance permit to allow 16 parking spaces, where 29 parking spaces are required; allow front setback of 13 feet, where 20 feet are required; allow rear setback of 8.11 feet, where 15 feet are required; allow the existing front and corner side landscape buffer between the off-street parking and right-of-way of 1 foot and 8 inches, where 7 feet landscape buffer is required, and allow 10.4% pervious area, where 30% is the minimum required. Property is located at 3499 West 4th Avenue, Hialeah, zoned RO (Residential Office District). Applicant: Ceasar Mestre, Esq., on behalf of Elsa LLC Planner’s recommendation: Approve with conditions. REPORT: Planning and Zoning Principal Planner, Claudia Hasbun spoke on this item. REPORT: Ceasar Mestre, Esq. (Lobbyist), 8105 NW 155th Street, Miami Lakes, Florida 33016, addresses 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. Motion to Approve with Conditions: Mrs. Henriquez; Second: Mr.Iglesias. Motion Passed: 6-0-1 with board member Mr. Santiesteban absent. Item approved with the condition that the existing wall sign on the property is modified to remove the word “Clinic”. 7. Variance permit to allow a lot coverage of 44%, where 30% is the maximum allowed, and allow rear setback of 9.93 feet, where 25 feet are required. Property is located at 1286 West 38th Place Unit 1, Hialeah, zoned R-2 (One-and Two-Family Residential District). Applicant: Adriana Yanetsy Nunez and Cesar Ricardo Nunez Planner’s recommendation: Withdraw to be re-advertised. REPORT: Planning and Zoning Principal Planner, Claudia Hasbun spoke on this item. No action on this item. Item is withdrawn to be re-advertised. 4  HIALEAH PLANNING AND ZONING BOARD MEETING- SEPTEMBER 25TH, 2024 8. Variance permit to re-plat the property into two substandard lots and to allow the construction of a duplex on each substandard lot having a frontage of approximately 65 feet and 50.5 feet and a total lot area of approximately 5,200 square feet and 4,040 square feet, where frontage of 75 feet and total lot area of 7,500 square feet are required. Rezoning property from R-1 (One-Family District) to R-2 (One-and Two-Family Residential District). Variance permit to allow the following setback adjustments for the northern lot: allow front setback of 10 feet, where 25 feet are required; allow interior south side setback of 5 feet, where 7.5 feet are required; allow rear setback of 5 feet, where 25 feet are required; allow 46% lot coverage, where 30% is the maximum allowed, and allow 20% pervious area, where 30% is the minimum required. Variance permit to allow the following setback adjustments for the southern lot: allow front setback of 10 feet, where 25 feet are required; allow street side setback of 10 feet, where 15 feet are required; allow rear setback of 5 feet and 1 inch, where 25 feet are required; allow interior north side setback of 5 feet, where 7.5 feet are required; allow 59% lot coverage, where 30% is the maximum allowed, and allow 22% pervious area, where 30% is the minimum required. Property is located at 501 East 8th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Frank de la Paz on behalf of Gino Dominico Planner’s recommendation: Approve with conditions. REPORT: Planning and Zoning Principal Planner, Claudia Hasbun spoke on this item. REPORT: Frank De La Paz (Lobbyist), 11000 SW 104th Street, Suite 2804, Miami, Florida 33116 addresses 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. Motion to Approve with Conditions: Mr. Jimenez, Second: Mrs. Henriquez. Motion Passed: 6-0-1 with board member Mr. Santiesteban absent. Item approved with the following conditions:  The project must have a gate at each vehicular access and a solid wall at the western and northern property lines; and  The project is to submit a landscaping plan and a tree removal permit, if trees are removed; and  The project shall be developed according to the conceptual plans developed by Architecture Associates, Inc. signed and sealed by Ruben Travieso dated August 23, 2024; and  Final replat shall be completed prior the issuance of a certificate of occupancy. 9. Conditional Use Permit (CUP) to allow a Kindergarten class with a maximum capacity of 22 students in conjunction with an 81-children daycare. Property is located at 5378 West 16th Avenue, Unit 5356, Hialeah, zoned C-2 (Liberal Retail Commercial District). Applicant: Ceasar Mestre, Esq., on behalf of Jiny’s Learning Center Planner’s recommendation: Approve with conditions 5  HIALEAH PLANNING AND ZONING BOARD MEETING- SEPTEMBER 25TH, 2024 REPORT: Planning and Zoning Principal Planner, Claudia Hasbun 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. Motion to Approve with Conditions: Mr. Iglesias; Second: Mr. Ulloa. Motion Passed: 6-0-1 with board member Mr. Santiesteban absent. Item approved with the following conditions:  Submit building permits for a change of use according to plans submitted and no later than 3 months from approval; and  Restrict the maximum capacity to 81 daycare children and 22 schoolchildren in kindergarten; and  Enter into a Declaration of Restrictions prior second reading of the ordinance. 10. RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, EXPRESSING ITS INTENT TO APPROVE AND ADOPT TEXT AMENDMENTS TO THE FUTURE LAND USE ELEMENT OF THE CITY OF HIALEAH, FLORIDA, COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. REPORT: Planning and Zoning Principal Planner, Claudia Hasbun spoke on this item. 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: Mrs. Henriquez; Second: Mr. Iglesias. Motion Passed: 6-0-1 with board member Mr. Santiesteban absent. Item approved. MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 11. FINAL PLAT OF FLIGHTWAY NORTH. Planner’s recommendation: Approval REPORT: Planning and Zoning Principal Planner, Claudia Hasbun spoke on this item. REPORT: Planning and Zoning Board Chairman, Mr. Perez spoke on the item. Motion to approve: Mrs. Henriquez; Second: Mr. Masson. 6  HIALEAH PLANNING AND ZONING BOARD MEETING- SEPTEMBER 25TH, 2024 Motion Passed: 6-0-1 with board member Mr. Santiesteban absent. Item approved. 12. Old Business. None. 13. New Business. REPORT: Planning and Zoning Board Chairman, Mr. Perez, addressed the item, expressing his thoughts for those affected by Hurricane Helene and extending his best wishes to everyone impacted. REPORT: Planning and Zoning Board Chairman, Diego Perez adjourned the meeting at 6:49 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, OCTOBER 9TH, 2024 AT 6:00 P.M. 7