Planning & Zoning Board

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING April 9th, 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 6:00 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: 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- APRIL 9TH, 2025 Present: Mr. Perez, Mr. Iglesias, Mr. Jimenez, Mrs. Henriquez, 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. Absent: Mr. Santiesteban. 2. Approval of Planning and Zoning Board Summary Agenda of March 26th, 2025 as submitted. Motion to Approve: Mr. Ulloa; 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. 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 13TH, 2025. 3. Final decision to allow a west side setback of 5.60 feet, where 6 feet are required for an existing aluminum roof to be legalized, and to allow a rear setback of 10 feet, where 20 feet are required for a proposed addition to the main structure. Property is located at 950 West 37th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Malva Danger, on behalf of Amaury Diaz De La Nuñez and Yumey Galan Ravelo. Planner’s recommendation: Approval with conditions. REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Malva Danger (Representative), 950 West 37th Street, Hialeah, Florida 33012, addressed the Planning and Zoning Board. Motion to Approve with Conditions: Mrs. Henriquez; Second: Mr. Iglesias. Motion Passed: 6-0-1 with Board Member Mr. Santiesteban absent. FINAL DECISION NO. 2025-04 Item approved with the following conditions: 2  HIALEAH PLANNING AND ZONING BOARD MEETING- APRIL 9TH, 2025  Obtain demolition permits for the rear illegal addition and for the concrete removal in the rear yard. The concrete removal is required to comply with the pervious area requirement on residential lots; and  Obtain all building permits for the proposed rear addition prior to commencing any work; and  Plant a minimum of three trees in the lot, at least one of the trees shall be in the front yard. 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 22ND, 2025. 4. 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. TABLED ITEM FROM MARCH 26TH, 2025 MEETING. Planner’s recommendation: Staff recommends to table this item until plans are revised according to the above conditions. Motion to Remove Item from Tabled: Mrs. Henriquez, Second: Mr. Iglesias. Motion Passed: 6-0-1 with Board Member Mr. Santiesteban absent. Motion passed. REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Wilfredo W. Aguirre (Owner), 1158 West 30th 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. Ulloa spoke on this item. REPORT: Planning and Zoning City Principal Planner, Claudia Hasbun translated for the owner on this item. Motion to Table Until May 14th, 2025 meeting: Mr. Ulloa; Second: Mrs. Henriquez. Motion Passed: 6-0-1 with Board Member Mr. Santiesteban absent. Item tabled until the May 14th, 2025 meeting. 5. 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 3  HIALEAH PLANNING AND ZONING BOARD MEETING- APRIL 9TH, 2025 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. TABLED ITEM FROM MARCH 26TH, 2025 MEETING. Planner’s recommendation: Approval of the expansion of non-conforming use, parking variance and landscape mitigation variance with conditions. Motion to Remove Item from Tabled: Mrs. Henriquez, Second: Mr. Iglesias. Motion Passed: 6-0-1 with Board Member Mr. Santiesteban absent. Motion passed. 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: 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. Iglesias 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. REPORT: Planning and Zoning Landscaping Architect, Christopher Borges spoke on this item. APPLICANT DID NOT AGREE WITH CONDITIONS FOR APPROVAL. Motion to Deny: Mr. Ulloa; Second: Mrs. Henriquez. Motion Passed: 6-0-1 with Board Member Mr. Santiesteban absent. Item Denied. 4  HIALEAH PLANNING AND ZONING BOARD MEETING- APRIL 9TH, 2025 6. Conditional Use Permit (CUP) to allow the expansion of an existing K-12th grade school allowed by Ordinance 2015-60 that limited the number of students to 400, proposing now the addition of a 3-story, 30,852 square feet building with new uses including a 45-children daycare, fitness center, adult training, and behavioral therapy for adults, families and/or individuals with autism. Property is located at 3751 West 108th Street, Hialeah, zoned BDH (Business Development District). Applicant: Glenn Pierce, on behalf of SFACS Real Estate LLC. Planner’s recommendation: Approval with conditions. REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Glenn Pierce (Representative), 3751 West 108th Street, Hialeah, Florida 33018, addressed the Planning and Zoning Board. REPORT: Ivan Fajardo (Representative), 3751 West 108th Street, Hialeah, Florida 33018, 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 with Conditions: Mr. Iglesias; Second: Mrs. Henriquez. Motion Passed: 6-0-1 with Board Member Mr. Santiesteban absent. Item approved with the following conditions:  Personnel shall be stationed at the entrance gate at all operating times to open and close gates for entering traffic and also for making sure that gates remain open 30- minutes prior to drop-off and pick-up times, to avoid any queuing outside of the property; and  Personnel should be available at drop-off and pick-up times to implement double stacking when required or alternatively organize staggered shifts; and  Daycare children shall be limited to a maximum of 45-children; and  Install marked crosswalks and crossing signs at W 108 St and NW 97th Avenue (all approaches) and at W 108th Street and W 38th Avenue (Southbound approach); and  Six months after obtaing CO and when school and community center are in operation the applicant shall provide a traffic field observation report including an entire school/community center weekday to verify that queues do not extend outside the school limits. 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 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 5  HIALEAH PLANNING AND ZONING BOARD MEETING- APRIL 9TH, 2025 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 TABLED ITEM FROM MARCH 12TH, 2025 MEETING. Planner’s recommendation: Approval with conditions. Motion to Remove Item from Tabled: Mrs. Henriquez, Second: Mr. Iglesias. Motion Passed: 6-0-1 with Board Member Mr. Santiesteban absent. Motion passed. REPORT: Planning and Zoning Director, Debora Storch 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; Mr. Jimenez; Second: Mr. Iglesias. Motion Passed: 6-0-1 with Board Member Mr. Santiesteban absent. Item approved with the following conditions:  Provide a Declaration of Restrictions stipulating restrictions about parking, short-term rental, condominium conversion, and stating timelines for expiration of approvals; and  Profer the Friends of the Hialine contribution; and  Provide the tree mitigation payment if the minimum tree requirement is not met; and  The project shall be developed according to the NBD Design Guidelines. Revised plans shall be presented prior to the second reading to the city council. 8. Special Use Permit (SUP) to allow a pharmaceutical research center conducting clinical trials to test new drugs, devices, and other forms of treatments to operate in conjunction with an existing medical office. Property is located at 3412 West 84th Street, Suite 102, Hialeah, zoned C-2 (Liberal Retail Commercial District). Applicant: Aurelio Torres Consuegra on behalf of Cathe Investments, LLC. Planner’s recommendation: Approval of the SUP with conditions. REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Aurelio Torres Consuegra (Owner), 3412 West 84th Street, Suite 102, Hialeah, Florida 33018, 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. 6  HIALEAH PLANNING AND ZONING BOARD MEETING- APRIL 9TH, 2025 Motion to Approve with Conditions; Mr. Iglesias; Second: Mrs. Henriquez and Mr. Ulloa. Motion Passed: 6-0-1 with Board Member Mr. Santiesteban absent. Item approved with the following conditions:  Proffer a declaration of restrictions prior to second reading of the ordinance including the following conditions; and  The clinical trials are to be performed on 3412 West 84th Street Unit 102 only, and any modification or expansion would require a new Special Use Permit; and  The maximum number of patients at unit 102 shall be limited to 10 patients in conjunction with 4 staff members; and  Patients will be scheduled by appointment, and no patients may line up outside the unit waiting for their appointments; and  No clinical trial patients are to stay overnight on the premises. 9. Special Use Permit (SUP) to allow the partial retrofit of the second floor of an existing shopping center into a mixed-use development project with a maximum of 33 live-work loft units in conjunction with the existing shopping center. Variance permit to allow residential use within the C-2 (Liberal Retail Commercial District) Zoning District, and allows 445 parking spaces, where 599 parking spaces are required. Property is located at 2750 West 68th Street, Hialeah, zoned C-2 (Liberal Retail Commercial District). Applicant: Felix M. Lasarte, Esq., on behalf of Sarria Holdings, Inc. Planner’s recommendation: Approval with conditions for the SUP and the variances. REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Bill Riley, Esq. (Lobbyist), 16343 SW 256th Street, Homestead, Florida 33031, 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. 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. REPORT: Planning and Zoning Board Member, Mr. Masson spoke on this item. Motion to Approve with Conditions; Mr. Jimenez; Second: Mr. Iglesias. Motion Passed: 6-0-1 with Board Member Mr. Santiesteban absent. Item approved with the following conditions:  Proffer a declaration of restrictive covenants limiting the residential units to 33 live- work residential lofts. All required building permits and change of use are to be obtained 7  HIALEAH PLANNING AND ZONING BOARD MEETING- APRIL 9TH, 2025 within two years from the date of the council approval, if building permits are not obtained within the timeframe, this approval shall be null and void; and  Landscaping on site shall meet the 1988 landscaping approvals that includes a minimum of 100 canopy trees and corresponding shrubs; and  The manual carwash needs to clear any areas blocking additional parking spaces beyond those permitted according to the approved building permits. All carwash operations and canopies shall reflect the approved building permit plans, if any existing structure and/or parking area has been occupied by the carwash without the benefit of a building permit, it shall be removed; and  All residential areas shall have access through secured and locked entrances from the common commercial areas. The retrofit of the second floor shall be consistent with the conceptual plans and renderings submitted to the planning and zoning department for this application. 10. ORDINANCE OF THE MAYOR AND THE CITY OF HIALEAH, FLORIDA AMENDING CHAPTER 98 ENTITLED “ZONING”, ARTICLE V. ZONING DISTRICT REGULATIONS BY ADDING NEW SECTIONS TO DIVISION 33 ENTITLED “NBD NEIGHBORHOOD DISTRICT” RELATED TO INCENTIVES FOR MIXED- AFFORDABLE HOUSING UNITS, TO PROVIDE A PURPOSE; DEFINITIONS; REQUIREMENTS AND INCENTIVES; REPEALING ALL ORDINANCES OR PART OF ORDINANCES IN CONFLICT HEREOF; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Planning and Zoning Board Member Mr. Jimenez spoke on this item. Motion to Approve: Mr. Ulloa; Second: Mr. Iglesias. Motion Passed: 6-0-1 with Board Member Mr. Santiesteban absent. Item approved MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 11. TENTATIVE PLAT OF MURPHY PALM AVENUE. Planner’s recommendation: Approval subject to comments. REPORT: Planning and Zoning Director, Debora Storch spoke on this item. REPORT: Jerry Proctor, Esq., (Lobbyist), 7600 SW 57th Avenue, Miami, Florida 33143, addressed the Planning and Zoning Board. REPORT: Planning and Zoning Board Chairman Mr. Perez spoke on this item. Motion to Approve Subject to Comments: Mrs. Henriquez; Second: Mr. Iglesias. Motion Passed: 6-0-1 with Board Member Mr. Santiesteban absent. Item approved subject to comments. 8  HIALEAH PLANNING AND ZONING BOARD MEETING- APRIL 9TH, 2025 12. Old Business. None. 13. New Business. Planning and Zoning Board Chairman and Vice-Chairman Election. Motion to Nominate Mr. Diego Perez for Chairman of the Planning and Zoning Board: Mr. Iglesias; Second: Mr. Ulloa. Motion Passed: 6-0-1 with Board Member Mr. Santiesteban absent. Motion to Nominate Mr. John Ulloa for Vice-Chairman of the Planning and Zoning Board: Mr. Jimenez, and Mr. Iglesias. Motion Passed: 6-0-1 with Board Member Mr. Santiesteban absent. REPORT: Planning and Zoning Board Chairman, Diego Perez adjourned the meeting at 8:02 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 23RD, 2025 AT 6:00 P.M. 9