Planning & Zoning Board

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING March 26th, 2025 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: Planning and Zoning Planner I, 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- MARCH 26TH, 2025 Present: Mr. Perez, Mr. Iglesias, Mr. Jimenez, Mrs. Henriquez, Mr. Santiesteban, Mr. Masson, Mr. Ulloa, Yiselis Gato, Planner I, Debora Storch, Planning and Zoning Official, Claudia Hasbun, City Principal Planner, and Alexander J. Magrisso, Esq., Assistant City Attorney. 2. Approval of Planning and Zoning Board Summary Agenda of March 12th, 2025 as submitted. Motion to Approve: Mrs. Henriquez; Second: Mr. Iglesias and Mr. Ulloa. Motion Passed: 7-0. Item approved. ADMINISTRATION OF OATH TO ALL APPLICANTS AND ANYONE WHO WILL BE SPEAKING BEFORE THE BOARD ON ANY ITEM. 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, APRIL 8TH, 2025. 3. Rezoning property from CR (Commercial Residential District) to R-3-D (Multiple-Family District). Conditional Use Permit (CUP) to allow a K-3rd grade elementary school with a maximum capacity of 28 students in conjunction with a 42-children daycare. Variance permit to allow 11 parking spaces, where 15 parking spaces are required, and to allow 21% pervious area, where 30% is required. Property is located at 106 West 9th Street, Hialeah, zoned CR (Commercial Residential District). Applicant: Yamilia Delgado on behalf of 106 W Hialeah, LLC. Planner’s recommendation: Approval of the rezoning, CUP, and variances with conditions. REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Lazaro Picallo (Owner), 106 West 9th Street, Hialeah, Florida 33012, addressed the Planning and Zoning Board. REPORT: Yamila Delgado (Lobbyist), 106 West 9th Street, Hialeah, Florida 33012, addressed the Planning and Zoning Board. 2  HIALEAH PLANNING AND ZONING BOARD MEETING- MARCH 26TH, 2025 REPORT: Leslie Picallo (Owner), 106 West 9th 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 Vice-Chairwoman, 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; Second: Mr. Iglesias. Motion Passed: 7-0. Item approved with the following conditions:  No business license shall be issued prior to completion of all improvements; and  Submit building permits for a change of use according to plans submitted; and  Submit permits to the Street Department for the proposed modification of the on- street parking area along West 1st Avenue; and  Have school staff available during drop-off and pick-up hours to directly supervise operations and to make sure that the existing sidewalk remains clear and no cars park encroaching into the sidewalk; and  Enter into a declaration of restrictions prior second reading of the ordinance restricting the maximum capacity to 42 daycare children and 28 schoolchildren in kindergarten through 3rd grade. 4. Rezoning property from R-1 (One-Family District) to R-2 (One-and Two-Family Residential District). Variance permit to allow a detached duplex on a substandard lot with frontage of 50 feet, where 75 feet are required and total lot area of 6,750 square feet, where 7,500 square feet are required; allow a total lot coverage of 43.5%, where 30% is the maximum allowed. Variance permit to allow the following setback adjustments for Unit A: allow front setback of 23.50 feet, where 25 feet are required; allow west and east side setbacks of 5 feet, where 7.5 feet are required; Variance permit to allow the following setback adjustments for Unit B: allow rear setback of 6.65 feet, where 25 feet are required; allow west side setback of 5 feet, where 7.5 feet are required, and allow the unit to have a floor area of 759.7 square feet, where 1,000 square feet is the minimum required, and variance permit to allow 2 parking spaces, where 4 parking spaces are required. Property is located at 175 East 17th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Horacio H. Gomez on behalf of Horacio Giordano Gomez Trust. Planner’s recommendation: Approval for the rezoning and variances with conditions. REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Jorge Gomez (Trustee), 175 East 17th Street, Hialeah, Florida 33010, addressed the Planning and Zoning Board. REPORT: Planning and Zoning Board Chairman, Mr. Perez spoke on this item. 3  HIALEAH PLANNING AND ZONING BOARD MEETING- MARCH 26TH, 2025 REPORT: Assistant City Attorney, Alexander J. Magrisso, Esq. spoke on this item. REPORT: Planning and Zoning Board Vice-Chairwoman, Mrs. Henriquez, spoke on this item. REPORT: Planning and Zoning Board Member, Mr. Ulloa spoke on this item. Motion to Table Until Later: Mr. Ulloa; Second: Mr. Masson. Motion Passed: 7-0. Item tabled until later. Motion to Remove Item from Tabled: Mr. Ulloa and Mr. Iglesias. Motion Passed: 7-0. Motion Passed. REPORT: Assistant City Attorney, Alexander J. Magrisso, Esq. spoke on this item. REPORT: Planning and Zoning Board Chairman, Mr. Perez spoke on this item. Motion to Approve with conditions: Mr. Jimenez, Second: Mr. Masson. Motion Passed: 7-0 Item approved with the following conditions:  Property owner shall obtain building permits within six (6) months to legalize the additional residential unit; if no building permit is obtained within this timeframe, this approval shall be null and void.  Provide a street tree, where possible since the pervious swale area is being used as a parking space. 5. Variance permit to allow a total lot coverage of 48%, where 30% is the maximum allowed. Property is located at 1158 West 30th Street, Hialeah, zoned R-2 (One-and Two-Family Residential District). Applicant: Wilfredo W. Aguirre. Planner’s recommendation: Table item until plans are revised according to the above conditions. APPLICANT REQUESTED VIA EMAIL TO TABLE THE ITEM UNTIL APRIL 9TH, 2025 MEETING. REPORT: Planning and Zoning Board Chairman, Mr. Perez spoke on this item. Motion to Table Item Until April 9th, 2025: Mr. Ulloa; Second: Mr. Santiesteban and Mr. Iglesias. Motion Passed: 7-0. Item tabled until April 9th, 2025. 4  HIALEAH PLANNING AND ZONING BOARD MEETING- MARCH 26TH, 2025 6. Variance permit to allow the expansion of an existing non-conforming 256 square feet manual carwash business granted by Ordinance 90-139 issuing a Special Use Permit (SUP) to allow said use on property zoned B-1 (Highly Restricted Retail District), where manual carwash use has never been an allowed use in the B-1 zoning classification; where manual carwash is not a permitted use under Sec. 98-1987; where non-conforming manual carwashes are only allowed on properties zoned C-1 (Restricted Retail Commercial District) and C-2 (Liberal Retail Commercial District); and where a Declaration of Restrictive Covenants has been proffered in 1990 stating that the manual carwash would comply with Sections A through G of Ordinance 89-81. The proposed expansion includes the construction of an additional 460 square feet structure replacing an existing 460 square feet metal roof built without the benefit of a building permit and in violation of the 1990 proffered Declaration of Restrictive Covenants and that is inconsistent with current building code requirements. Variance permit to allow 104 parking spaces, where the existing shopping center was approved with 106 parking spaces, and where 115 parking spaces are required and variance permit to allow landscape mitigation of 15 canopy trees, where only 4 canopy trees currently exist at the site that was originally approved with 20 canopy trees. Property is located at 5350 West 12th Avenue, Hialeah, zoned B-1 (Highly Restricted Retail District). Applicant: Javier Gaitan on behalf of Jacinto Lam. Planner’s recommendation: Approval of the expansion of non-conforming use, parking variance and landscape mitigation variance with conditions. REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Javier Gaitan (Property Manager), 5350 West 12th Avenue, Hialeah, Florida 33012, addressed the Planning and Zoning Board. REPORT: Julian Perez (Car Wash Owner), 5350 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: Assistant City Attorney, Alexander J. Magrisso, Esq., 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 Table Item Until April 9th, 2025: Mr. Ulloa; Second: Mr. Santiesteban. Motion Passed: 7-0. Item tabled until April 9th, 2025. 7. Special Use Permit (SUP) to allow the expansion of the Neighborhood Business District (NBD) overlay in relation to a proposed development including 7 residential units. Variance to allow 7 units (100%) with a total area of less than 700 square feet, where 700 square feet is the minimum required and only 25% of residential units may have a minimum area of 500 square feet; allow residential use only, where mixed-use is required; allow residential units on the ground floor, where residential units are allowed above ground floor 5  HIALEAH PLANNING AND ZONING BOARD MEETING- MARCH 26TH, 2025 level; allow east side setback of 5 feet, where 15 feet are required; allow 12.87% pervious area, where 30% is the minimum required, and variance to allow partial waiver of minimum landscape requirements through landscape mitigation as per Sec. 98-2235. Property is located at 65 West 7th Street, Hialeah, zoned R-3-D (Multifamily District). Applicant: Ceasar Mestre, Esq., on behalf of RHM Development, LLC. Planner’s recommendation: Approval with conditions. TABLED ITEM FROM MARCH 12TH, 2025 MEETING. The applicant has requested that the item remain tabled until further notice. NO ACTION. MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 8. Old Business. None. 9. New Business. Planning and Zoning Board Member, Mr. Jimenez stated that he dislikes seeing Mrs. Storch being mistreated by the applicants. REPORT: Planning and Zoning Board Chairman, Diego Perez adjourned the meeting at 6:55 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, APRIL 9TH, 2025 AT 6:00 P.M. 6