Planning & Zoning - Regular Meeting

Good evening, ladies and gentlemen. Welcome to the City of Hialeah Planning and Zoning Board Meeting for Wednesday, August 12, 2026.

Welcome back from vacation, by the way.

Everyone, please rise for the invocation and the Pledge of Allegiance. The microphone. The Lord won't be able to hear you with the mic off.

Dear Lord, thank you for bringing us together today. Please guide our minds and hearts. Give us wisdom to make good choices and listen to each other and work in peace. In Jesus' name I pray. Amen.

Amen. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. You may be seated.

Meeting guidelines. The following guidelines apply to today's planning and zoning board meeting. Any person interested in making comments or posing questions on any item on the agenda may do so during the meeting. Individuals should be respectful of the planning and zoning board members and make every effort to speak with moderate tone using appropriate language and avoiding personal attacks. The public can view the planning and zoning board meeting on the city's YouTube page. All lobbyists must register with the planning and zoning board prior to item being heard. A maximum of four speakers in favor and four speakers in opposition will be allowed to address the planning and zoning board on any item. Each speaker's comments will be limited to three minutes. Roll call. Mr. Perez? Here. Mr. Castellanos?

Here.

Mr. Iglesias?

Here.

Mr. Yuch?

Here.

Mr. Morales?

Here.

Mrs. Enriquez? Here. We have a quorum. Administration of oath to applicants and anyone who will be speaking before the board on any item.

Anyone and everyone that's going to speak in front of the board, please stand, raise your right hand so we can swear you in. If you're going to speak in front of us, you need to swear in. It won't, it doesn't hurt.

Do you swear or affirm to tell the truth before this board? Jura o afirma decir la verdad ante esta junta.

Thank you. You may be seated. Let the record show the answer was on the affirmative.

Summary minutes are a copy of the audio file that proceeded before the Planning and Sowing Board shall be prepared and submitted to the City Council before its hearing. The Planning and Sowing Board recommendations for the following public hearing requests will be heard by the City Council at the scheduled meeting of Tuesday, August 25th, 2026. LU1, small scale map amendment from low density residential to commercial. The property is located at 652 Southeast 5th Avenue, Hialeah Sown R1, One Family District. applicant, Hugo, you are a squire on behalf of El Cuchillo, we highly a property LLC. Okay. Do you want me to reread this? Okay, I'll speak a little. You're welcome.

You want to identify yourself?

Good evening. Hugo Arza, 701 Brickell Avenue, representing Okeechobee Hialeah Property LLC. I'm joined by my colleague, Joey Vasquez, as well as a representative from the property owners team. Thank you.

The property in this application is located at the northwest intersection of Southeast Fifth Avenue and Southeast 7th Street. The lot contains approximately 5,440 square feet or 0.12 acres, according to the Miami-Dade County property appraisals record. The subject property was originally plotted in an irregular triangular configuration as recorded in Platte Book 33, page 1 in 1928. Although the subject property is vacant and does not contain any structure, it is currently being utilized as a surface parking lot serving the adjacent commercial properties located immediately to the south, which are under the same ownership. The subject property is designated low density residential on the city's future land use map, and the surrounding future land use designations are low density residential to the north, east and west, and commercial to the south. The applicant is requesting a small-scale future land use map amendment to change the future land use designation of the subject property from low-density residential to commercial. A companion rezoning application has also been submitted to rezone the property from R1, one-family district, to C2, liberal retail commercial district, in order to establish consistency between the future land use designation and the proposed zoning classification. Additionally, a companion alley closure application has been submitted to vacate the existing 12-foot wide alley located between the subject property and the commercial properties immediately to the south. Approval of the requested future land use map amendment, companion rezoning, and alley closure will establish consistency among all properties under the same ownership, allowing the parcels to be unified through a unity of title and redeveloped as a single integrated development. The proposed redevelopment consists of a six-story mixed-use building. The ground floor is proposed to include an approximately 4,755 square feet of retail commercial space divided into four commercial tenant spaces, a 2,250 square feet restaurant space, and a self-storage office. The ground floor also includes a self-storage vestibule, covered and surface parking, a loading area, and a trash enclosure to support the proposed uses. Floors 2 through 6 are proposed for self-storage use, resulting in an approximately 116,561-square-foot self-storage facility. The proposed redevelopment will transform the underutilized property into a modern mixed-use development that will improve the visual character of the East Okeechobee Road corridor through enhanced architectural design, streetscape improvements, and landscape. A staff finds that the request future land use map amendment is compatible with the surrounding development pattern. Although the subject property does not front East Okeechobee Road, it is directly adjacent to commercially designated and commercially zoned properties under the same ownership that front East Okeechobee Road and collectively function as one development site. furthermore the subject property has historically been utilized as a surface parking lot service the adjacent commercial properties and does not contain any residential structures as such the proposed amendment will not introduce a new activity into the established residential neighborhood but will instead formalize the property existing commercial function while establishing consistency in between the future land use map and proposed zoning classification. Staff furthers find that the proposed commercial future land use designation represents a logical extension of the existing commercial corridor along East Okeechobee Road. The amendment will establish consistency among the unified properties and facilitate their coordinated redevelopment as a single mixed-use project. Given the property location, size, configuration, existing commercial use, and proximity to the established commercial development, the proposed amendment is appropriate and compatible with the surrounding area. The proposed amendment is also consistent with the Future Land Use Map element of the City of Hialeah Comprehensive Plan. Specifically, the request is consistent with Objective 1.1 Land Development and Policy 1.1.1, which encourage the coordination of future land uses with existing and adjacent land uses through the Future Land Use Map. The request is also consistent with policy 1.1.4, which provides that zoning districts shall correspond to specific land use categories, as well as objective 1.5, land use compatibility, and policy 1.5.1, which require land use amendments to be compatible with the surrounding development and consistent with adjacent future land designations. The site is served by pump station PS04-006, which is currently operating in an okay status, indicating that adequate sanitary sewer capacity is available to serve the proposed development at this time. Finally, final concurrency will be evaluated during the site plan and concurrency review process by the appropriate reviewing departments and agencies. Based on the analysis, the staff finds that the proposed small-scale amendment future land use map is consistent with the goals, objectives, and policies of the City of Hialeah comprehensive plan, is compatible with the surrounding land use pattern, and represents an appropriate redevelopment of an underutilized parcel that has historically functioned as a commercial parking area serving the adjacent properties under the same ownership. The amendment establishes consistency between the future land use map and the proposed zoning classification, facilitates the unified redevelopment of the subject properties, and represent a logical extension of the existing commercial corridor along East Okeechobee Road. Therefore, staff recommends approval of the requested small-scale future land use map amendment from low density to residential to commercial. Recommendation approval.

Thank you, Claudia. Hugo?

Thank you, Mr. Chairman. Again, Hugo Arza, 701 Brickell Avenue. So I have only one presentation. You have companion items. You have LU1, which is the rezoning recommendation. I want to thank your zoning director for the recommendation of approval that we received here today. And then items, I believe there are four and five are the companion items that go along with the project. I just have one presentation. So obviously, I'd like to just, I didn't break it up that way because you don't need to hear from me two different times. So I'd like to just go ahead and go through the presentation once, and then obviously you all can handle the items as you and your city are going to be fit. That's fine. So again, thank you to Claudia for the recommendation. So we could go to the next slide. So we're talking about a one-acre property, a little under one acre. I will note that the rezoning request only covers about 5,500 square feet. And I know you heard Claudia speak on at least two or three occasions during her recommendation that this is a site that while it is residentially zoned today has been utilized as parking for this property for as long as any of us could go back to look to what's there today is surface parking when we pull up the site plan and i show you the presentation you'll see that all we do is continue to have surface parking there so we are not encroaching with our proposed building which is fronting on okeechobee we are just candidly legalizing a use that's already been in in practice in that uh for that lot for um like i said at least going back 30 40 years which is as far as we could see so um you know i want to note that because it appears as if we're having to rezone the entire property um in order to provide for the project that we're proposing that's actually not the case in fact you'll see that we're actually even down zoning one portion of our property we don't need C3. The corner parcel fronting Okeechobee is actually a more intense zoning category. The balance of the site is C2. We don't need C3. So we are something that you don't see very often actually bringing the zoning down to C2 because that is the category that we can utilized for our proposed self-storage facility. So just by way of noting the item, the first item before you, the LU-1 item, the rezoning is only covering that small little lot of 5,500 square feet approximately, which has, again, been utilized as a parking lot throughout. So if we can go to the next slide. Give you a visual of the project. And I want to note one thing. I mean, you'll see what the requests are, but you will not see a request from us for any of two things. We're not asking for any kind of height request. Your city code permits a six-story building along Okeechobee. It is obviously a major transit corridor, a major road. You're also not going to see from us asking for any kind of use request or variance or deviation, meaning that the uses that we're proposing, it's a mixed use building, it's got the self-storage, and then it's got ground floor retail, and we've left space for even having a restaurant, are all uses that your zoning category permits. And so when you look at this project, just realize that even absent the rezoning portion of that small piece, This building is a building that fits the use and the height that your code already sets forth today. So I think it's important to note that because, you know, a lot of times folks think, well, the request you're making is so that you can go taller or that you can go bigger or build more. We're not asking for any of those requests. You'll see the requests we're asking for relate to parking, and we have a justification and explanation for that. Next site slide, please, is the site plan. It's in black and white. I think what I would note for you is the little triangle that you see at the top, that's the little area that's being rezoned. The building that you see across the bottom, that is on the existing C2, C3, and you'll see that on those maps. So again, just that little area. And as you can see, what we have there is, I believe it's nine parking spaces. So it's just basically... some additional parking. I will note that the variance request we're asking for for landscaping is not on the side that would be nearest to houses. It's basically so that we didn't lose the three parking spaces fronting southeast fifth. So obviously, those parking spaces are just going to back up into this, or not back up. You come into the site. But the front of those parking spaces will be to the sidewalk and to the street, not to any resident that may live to the kind of northwest. There we are providing the seven foot landscaping buffer that exists. And so we're not requesting any less landscaping adjacent to any existing neighbors today. Next slide, please. So, you know, what is the project? Principally a storage facility. You know, we you've seen the rendering a cube smart and we're all familiar with them. If you drive up and down Okeechobee or, you know, 49th Street, many other streets in your city and throughout the community where you've got self-storage necessary. We seem to accumulate more things as we go along. I know in my house, there seems to be a need for a storage facility on a regular basis. And so there's demand for that kind of use. As I said, and we'll get into a little bit, one of the benefits of self-storage, quite frankly, over being able to do something else that's more intense is the fact that the parking requirements, frankly, are much less from a practical standpoint. The code treats it just as whatever the size of the building is as a commercial building. However, we conducted a parking study that your city evaluated, and that shows that at a site a couple of miles away on Northwest 84th Street and 27th Avenue, just outside the city limits, but at a similar site, the most cars that ever were at a self-storage facility were 12. it like they went there and clicked and counted I mean this wasn't kind of like a one of those like studies in theory they actually went and the city requested and said how does this work in the real world and in the real world and if any of you have ever had a self-storage facility you know that's the case right it's not going to be a place you go every day it's not going to be the the you know the you know the place you go to pick up your laundry on a weekly basis or where you get your hair done or your nails done it's it's it's going to be a place that you go to three times a year four times a year so I note that because again And we'll show you a table of all the other uses that are allowed along the frontage of Okeechobee. And basically, they're all going to be much more intense. They're all going to create more traffic and more parking demand because, again, this is a very low use. We did also work with the city to incorporate some additional features. retail, and even left space for a potential, you know, restaurant. So the ground floor wouldn't have the self-storage. It would have uses that might actually appeal to folks in the vicinity, in the area, you know, something smaller, but it's not an entire, obviously, shopping center or strip shopping center. And so we account for that. We obviously enter on Okeechobee Road, and then we have the entrance on 5th, which I showed you on the on the uh on the aerial that i showed you and then we know i think it's important i mean obviously this is a fairly underutilized i think that claudia used that word i mean right now what's there is just kind of a small building that doesn't generate the type of use and need that you would expect on a major city street and certainly on the okeechobee corridor um it also is reflective of the taxes so i mean today that property only generates about eighteen thousand dollars in taxes because it's a small building and it doesn't have a lot of use You can reasonably anticipate that the redevelopment of this site will create a much larger tax base for the city. And those are benefits that accrue to the city in perpetuity, right? I mean, the property owner has to pay their taxes every year. So we note that just, you know, I think you see a lot of this on this board and there are some new faces on this board. Hialeah doesn't have a lot of vacant land, but it does have a lot of redevelopment, right? A lot of infill redevelopment. And this is the kind of thing you see, something that was built 30, 40, 50 years ago needs to be brought up to current status and the current needs of a city that's tripled in size and a community that's tripled in size over 30 or 40 years. Next slide, our requests, the first one that's been read, small-scale land use amendment, the rezoning, which I've spoken to in some detail, the downzoning, actually, it's considered a rezoning, but then I'll show you in a slide now how one portion is actually going from C3 to C2, and then the parking variance requirements, which I'm going to get into and again touch on that parking study, the minimum landscape on Southeast 5th, which I've already pointed out. In addition to all of that, I've kind of buried the lead. There's an alley back there that doesn't connect to the Northwest. There's a structure built that can't go all the way through and connect. So for the portion that is between our existing C zoning and the small portion that we are proposing to rezone, we are proposing to close that. It really just provides access for us. It doesn't need to be a city road. The city is in support of that closing of that road because it doesn't provide any transit to anyone else, nor can it because to our Northwest, there's a structure and a home built where you punch out into the next street. So again, a relic of something that just occurred a long, long time ago, someone built another house and basically created a dead end street. We would just close that and just have it be part of our property. That, by the way, adds to the tax base then rather than being an alley that's owned by the city, it's not part of our parcel and property. So Those are all the various requests that you have. Next slide will finally give you a visual depiction. So the top left hand is the small triangle I'm talking about. And then it goes from the yellow to the red, again, consistent with the entirety of the site. And again, it's under common ownership and has been for a long time. So like I said, this little triangle has been utilized as parking to support that frontage area for as far back as we could go. So it's important to note that it would just be unifying the zoning, not actually creating a new use. We're going to maintain that same surface parking. Next slide. You get the two blocks or the two areas that are being rezoned. Triangle on the top is the one going from residential to the C2. And then the bottom one is that corner piece I've alluded to. So that portion is actually a higher, more intense zoning. A portion of our property enjoys C3 zoning at this point. That portion we would actually down zone. Mr. Perez is probably the person or Mr. Iglesias has been here the longest. Ms. Enriquez, you've been here a while too. I don't know, I've maybe asked for a down zone once or twice in my life. I mean, most of the time, property owners don't willingly give up any rights, theoretical or not, that they have, right? I mean, it's a bedrock of our country, our property rights. And if you have something, you don't tend to give it up. this owner by the way they own the property already this isn't speculative like they may do this if we get an approval they are committed and they've purchased this property to go through this process are willing to go ahead and down zone it because the reality is we're creating one project we're not trying to create something more intense on the corner and less intense elsewhere so again not not a typical request but it does unify the zoning throughout the entire process next Slide will run through, like I said, the parking variances, the three variances that we've requested. So the overall parking variance, 57 spaces are being provided, where 68 are required. So I mean, obviously, we're not slashing parking by 80%. We're not providing half the parking. We're providing nearly 80% of the parking that's required. The parking study that we provided and that we did and that included the review of a very similar facility showed that the demand was only 45 spaces. So even though we're asking for a reduction from the codes request for parking, we have been able to show and obviously enjoy recommendations of approval from the city with the obvious conditions for that request as a result of being able to show from a practical standpoint that the use and that we are proposing is not going to create an excess of parking. And again, I would urge you all to consider having been to any self-storage facility and what it means and how it's not the kind of place that 50 cars are in there all the time because folks kind of use it sporadically. The landscape buffer variance, I was clear and I showed you, it's just for those three spaces, that front southeast fifth, not in the triangle for the spaces to the north of Northwest that actually do abut a residence so there we provide our seven foot buffer in order to provide those three additional spaces and candidly make you know be able to provide a little bit more of the parking we are putting those parking spaces a little closer to within our property to the sidewalk and just not leaving trees between the parking space the edge of our property and then the sidewalk but again this this to this side not to the side where there might be a where there is a residence and then finally a loading space variance and this one again i'd urge you to think through the use of a Small self-storage. So again, because of the size of the building, three loading spaces are required. I mean, these are the ones that, like, if you had a warehouse building out in Hialeah Heights, you've got 18 wheelers pulling in. You need spaces for people. The reality is people don't tend to come in big trucks. So much of the use of a self-storage facility is going to be folks coming in maybe with a pickup truck, but usually with a car full of things. And so they utilize the normal parking spaces. We are still providing for one loading space in case someone does have a larger truck. But again, the size or the number of those loading space is driven by the size of the building. But in practice, we understand from our study and from the use of the building that this is not the kind of facility that's going to have a lot of large trucks showing up because people aren't typically, I mean, you know, it's the smaller bays. I mean, it's not, you know, you're not storing trucks 50,000 square feet of merchandise. It's not that kind of use. It's self-storage that individuals get. So that's the request with the loading space variance. And again, we enjoy the recommendation, and I'm sure that Claudia will read those recommendations in when you hear items four and five, but we do enjoy recommendations of approval with conditions for those requests. Next slide. And I've touched on all of this, so I won't... belabor the point again, as I get into the presentation, it makes sense sometimes to talk about it sooner, but we've talked about why it's less traffic and we've also talked about why it's more parking than needed. And again, the real world use and the study that you have as evidence before you this evening is showing that we have more spaces than what we're proposing, despite the fact that we are admittedly requesting the variance from what your code requires. And so traffic parking, the entire traffic study that was done, recognize that there's only a 31 net new trips across both peak hours. So morning and afternoon, only 31 additional trips that represents less than 1% of the volume of traffic that exists there. So again, this is not bringing a completely different traffic pattern to the area. Okeechobee obviously has a lot of traffic already. What you reasonably expect is that the people that are in Okeechobee already are coming in and utilizing the same road. So that's how we do it. I talked a little bit next slide, talked a little bit about the, uh, some of the permitted uses. And so again, the much more intensive uses, I mean, C2, even the one that we're seeking, which means a down zone for a portion of it has everything from hotels and motels. We don't need to have a conversation about Okeechobee and motels. I mean, if you've driven and you live in the city, like all of you do, obviously, you know, Much more intense uses. Commercial parking lots, full restaurants. You could have the entire thing be a restaurant. And we recognize that, obviously, an entire site, an entire one-acre site with a restaurant will be a much larger restaurant that creates a lot more parking and traffic demand. Schools, ambulance services. I mean, there's a whole list here. We picked on those. just to show you that the request. And again, and I started out by saying what we're proposing to do is allowed by the zoning and what we're proposing to do is actually less intense. And these are examples of some of the things that would be far more intense within that existing zoning today that you have there today. Next slide just shows you graphically that alley vacation, which again is, is giving us that piece of land and to the Northwest. So to the top sort of left and top there, that as you can see basically closes out into you know built area that can't connect out to the other street so again really we're on both sides and we're just proposing to close it so that we can just incorporate it into our project it's going to be our entrance anyway but rather than the city owning a street and having to maintain a street and having to continue to pay for that we just incorporate it into our project then it becomes our driveway instead of being a street our street is still going to be there our access point is still going to be there so um next slide I'll close with again reiterating I've given you the entire presentation not just the land use element that you've heard already but we do enjoy recommendations um of approval from your staff who we've worked very closely with with the conditions standard conditions the things that we have to go through we accept all of those um and and I would you know leave you with and urge you to please you know follow your planners recommendation this evening they you know have the city's best interest. They work for the city. They want to see smart development. They want to see development in the right places. I've been up here many, many times. And again, those of you that know me know that we work hard to get to the point where the projects that we propose, that our clients propose, are projects that are supported by staff. That makes sense with your city. That makes sense with the vision for your city. And we think that this kind of use on a major transit corridor and a major road like Okeechobee Road makes sense. So I'm happy to answer any questions at this point or later. And Mr. Perez, Mr. Chairman, I'd like to reserve time for rebuttal. I understand there are going to be some folks that speak, and so I'd like to be able to address any questions that come up. But I urge you to follow staff's recommendation, and I thank you for your time.

Thank you, Mr. Garza. I'm a little surprised that the owner is willing to down zone from a three to a two. I mean, you figure...

They could do something more intense on that corner.

Let's call the kettle black, okay? You already have a wedge in there, in that corner. Like you just said it, you could do a little bit more intensive, but I'm...

Hey, I'm impressed. Yeah, well, like I said, I mean, if you don't need it, it's hard to give it up sometimes just from a theoretical, like, well, I don't want to lose something that I already have and that I purchased. But it makes sense for the project. We don't need C3. But obviously, if this wouldn't move forward or if this isn't done, you could reasonably anticipate that that corner portion might see something more intense, and the rest of it might be developed with something else. And so those are, I think, the trade-offs that the city is considering and recommending approval.

I think it shows a good sign of good faith towards the neighborhood. I mean, because you're not really going to have as an aggressive zoning as, you know, you're down. We agree. You said it very eloquently.

Thank you. We agree. It makes sense for the project.

Like you said before, I'm not used to seeing a down zone, a voluntary down zone like that.

It's not typical.

Okay. Any comments or questions? Anyone in the audience who would like to make a comment or question? Name and address, please.

Palayo M. Duran. I am an attorney licensed to practice law in the state of Florida. I represent the adjacent landowner, Maria Acevedo. The adjacent land, which is a single family, is being maintained there with no variance of that usage. We understand that the city has the obligation to future plan and to grow the city in the way that the city deems appropriate. but to grant this type of variance and to ignore the remaining citizens that remain in the single family district is not the type of zoning that would be favorable to particularly the person who's receiving the brunt of all of this, which is the adjacent landowner. The adjacent landowner will not have a buffer. the adjacent landowner although he says very eloquently that they're going to retire the alley now the retirement of that alley seems to me is going in their favor so the city is going to dedicate that to them as opposed to maintaining the alley or developing the alley in a way that would be fair to the adjacent landowners the proposal although it's presented as a proposal that is favoring the land use, the most telling aspect of it is that the property that they're trying to rezone has been used illegally for as long as we can all remember. And now they're coming to the city and they're saying, look, we've been using it illegally. we continue to use it illegally, and we want you to ratify the illegal use of that land by changing the zoning. And not only changing the zoning, not giving my landowner a buffer, not giving my landowner any explanation for what is gonna happen in that alley, and not allowing a proper evidentiary consideration of this committee because everything that he said to this committee about the impact of the parking is complete hearsay. This committee should not rely on any of that because, first of all, it's contradicted by the very fact that this is not just a development of storage. This is a retail development. They're going to have four retails, and they're going to have a restaurant. So on top of the fact that there's not enough parking to begin with, they're going to add retail. As a final comment, I believe that... Give me one second to see my final comments. Tick tock. That bell that rang is... That bell is your time is up. I apologize. There's 15 fewer parkings. And the few things that I think this project is silent on is the opening of Fifth Avenue. This project has no access from Okeechobee if you're going south. They're not talking about that thing. It's a 24-hour storage, which means 24-hour access. It's storage, which means that people are going to go there with trucks to leave stuff. there's not enough floating i think the the zoning and the ideas are great but the adjacent at the cost of the adjacent landowners so therefore we oppose it and we plan to appeal it if this commission goes forward with it thank you anyone else name and address please you got three minutes ellio oliva 11 eaton overlook

My name is Elio Oliva. I'm speaking on behalf of my mother-in-law, Maria Antonia Acevedo, who's right here. And she is the adjacent landowner that Pelayo Duran spoke about. She's the homeowner of 642 Southeast Fifth Avenue, where she's been living for 56 years. She's elderly, doesn't speak English, is not her main language. So I'm here to speak for her and share her concerns. So our family supports thoughtful growth. But the mixed-use project being proposed by the applicant, Okeechobee Hialeah Properties, will create serious traffic, privacy, noise, and drainage problems that will significantly harm the surrounding residential neighborhood. There are already serious parking problems in that neighborhood, as it is right now. Adding a 24-hour storage center where people can access 24 hours, and while the parking study may have taken a snapshot of and other self-storage somewhere where there was 12 people, there is also peak usage, and there's also the possibility that that particular facility, which also includes retail, restaurants, and others, could easily overwhelm the 53 parking spaces that are being planned, easily. And where is that, I'm sorry, where is that gonna overflow into? The surrounding neighborhood. That is obvious. Okay. And it's not just traffic, it's noise, it's headlights, it's everything. Okay. The zero foot buffers and the consumption of the alley will also completely overwhelm Maria Antonia's house, which is the adjacent landowner. She also bought a property. So Okeechobee Hialeah Properties bought a property. She also bought a property, okay? And she's also a landowner, and she also has property rights, just like anyone else, just like all of us. What we're asking is that those rights be respected. There has to be a modicum of protection for her and her property, which will not exist if this project goes forward. Okay. Furthermore, the 652 Southeast Fifth Avenue property that the applicant wants to rezone is being used illegally. There's heavy commercial truck usage there. It's been going on for years. There is an ongoing code enforcement complaint, which is unresolved, which is before the city right now, that we respectfully request be addressed and resolved. As it stands right now, that is a residential R1 lot. Illegal use of that lot does not justify the rezoning. I'm sure the city doesn't want to set the precedent to everyone in the city that they can just illegally use something for years, for decades, for as long as we can remember, and then it can just somehow later on be approved. I'm sure the city does not want to set that precedent. So we ask respectfully that that existing code violation complaint be addressed and that enforcement action be taken today. As I see now, there's no CubeSmart there now. There should be no commercial trucks. Thank you. I also have pictures, by the way, of the commercial truck usage there now. It's not some benign parking space.

You can forward them to her. Thank you. Thank you.

My name is Estela Oliva and I live at 11 Eaton Overlook. I am the daughter of Maria. I lived in that house since I was six and I frequently visit. And this redevelopment will result in considerable more traffic, considerably more traffic, more overflow, more noise, more congestion into the surrounding residential homes that are already congested. The present zoning violations taking place right now at 652 Southeast Fifth Avenue is the residential lot right adjacent to my mother's house. And I wish the little slide could come back on so that I could show you where my mother's house is. These zoning violations have forced her to stop driving her car because of the heavy commercial trucks that are around her home. The commercial truck activity has caused her to wake in the night. And I do not think that a storage facility will change that. I think it will make it much worse because there will be more people coming in and out. I don't understand how this type of development will serve to help the city and the area. The speaker, the attorney Hugo, I think is making a lot of assumptions. And this study that he continued to refer to, I would like to see copies of because the area seems very different. The area that he mentioned, I know the area, it seems very different than Hialeah right off Okeechobee Road. You can go through that area at any time and it's usually congested. So I really would like to see a copy of that study that he continued to refer to. I respectfully request that the city take appropriate enforcement action to correct the zoning violation that was presently brought to the city at 652 Southeast Fifth Avenue, and to return this lot to the residential use, or at least to make it a green buffer from commercial activity. And the alley is not a dead end. I was exploring and this alley that Mr. Hugo referred to is not a dead end. What there is is the alley is not a straight alley. It's you... You walk through the alley and then there's like a little left turn and then someone's roof is on the other part of the alley. Somebody that decided to extend their home. Legally or not, I'm not sure. So I respectfully request that the city take appropriate measures to ensure that any future project provide the appropriate buffers, setbacks and protections to ensure that the correct that the current residential homes are afforded basic protections to allow them to live peacefully in their home. I appreciate your attention.

Thank you.

Okay. That closes the part of the public hearing. Hugo, you want to? Okay.

I'm sorry. One second.

Go ahead. Go ahead.

Yeah, I did receive an email. Speak up. I did receive an email in opposition to the project, and I would like to read it into the record. Okay. I received an email from Esther Garcia today, August 12, saying, I'm the property owner of 462 Southeast 6th Street, Hialeah, Florida 33010. I was sent a letter that I will attach in this email pertaining the rezoning of the properties around my block. From reading this letter, it comes to my attention that an investor wants to build a high story building. Such building will lower my property and my block's appraised value and will have more traffic. I'm not the only homeowner that feels this way. What I'm proposing is to rezone my property and the other attached properties or buy my property at 462 Southeast 6th Street, Hialeah, Florida 33010 and the other properties that will be impacted at commercial value. If we can't come into an arrangement, they can proceed to have my property value decline and I and my neighbors will fight respectfully. Esther Garcia, Ronald Bruna,

Thank you. Have you seen these pictures?

I have not.

No, the gentleman. You want to? Sure. I'm up here real quick.

Yeah.

They're pretty impressive. Claudia, there's. Do we need to keep those or want to get back to the.

We need to keep it.

Keep it for the record. Is there a code compliance case open on this?

I will have to confirm what is the status of the code enforcement.

Because those are... I hate to say it, they are pretty impressive.

Yeah, no, I don't disagree. To be clear, I want to make a few points. I mean, one, we finished assembling and purchasing the last piece of property in this group in 2024. So the property owner here is not one who's enjoyed the use for as long as perhaps that use has been going on. So I do want to sort of note that, you know, this is someone coming in to do something new now. And certainly we'll wait to hear from Claudia if there's any kind of code enforcement. You wouldn't be here today without knowing that there's a code enforcement violation open. I don't know if one has been opened and closed in the past. You wouldn't have historical records necessarily, but there are. I think I feel pretty confident there's none open today, but we're happy to hear from the city on that point. I want to touch on a few other points that were mentioned. I know Mr. Duran by reputation. I don't think I've ever met him. I suspect he spends a lot more time in court. I've been in court twice in my life, both times to be sworn in to be a lawyer in New York and in Florida. Um, you know, when I talk about a report that's been presented into the public record that the city has, that is actually evidence that is not hearsay. I'm referring to a document that has been presented to the city and that the city has reviewed and that the city has made available and can make available to all the neighbors. So, um, You heard words like evidentiary and hearsay. And like I said, I suspect those are more terms that you hear in courts of law. This is a quasi-judicial proceeding with substantial competent evidence. Your attorney can speak to this more eloquently than I can because he has to educate all the cities that he works with on those topics. But certainly what you have before you is not just my word. When I speak about a traffic accident, or a parking study or a traffic study, those were conducted by professionals, submitted to the city, signed and sealed by professionals who put their license on the line, who were sent to the city so that the city's professionals could review it. It's not an attorney who is the first one to say, I'm not a traffic engineer. I'm not a parking expert. It's not for me to have made that determination. It's for me to tell you that that's what that report says. And if you don't want to hear it from me, which I appreciate, certainly Ms. Hasman can speak to the fact that the city reviewed all of that and received that report and that that is actually in the record. It is not hearsay. I want to point that out because, again, I want to make sure no one here thinks that what I'm saying is unfounded or unsupported. Quite the contrary. The city has it and they've reviewed it. as far as making it available i'm sure the city can make everything they have the record and they can make it available or i am happy to provide it to this uh the neighbors for them to review you know we obviously have a copy of it um again the the alley i want to talk a little bit about i have no doubt when you're i mean i've toured the site i'm sure it appears as if the alley could continue but again trust your staff's review what is being closed is the portion that is the alley that is owned by the city today even if it appears that there isn't something in the immediate um area to the northwest and that it could meander or it could continue, that portion is already owned by someone else. So what we're closing is not going to deny access to anyone at all. We are closing something that will just become our driveway. And again, the point that I made previously, rather than being maintained by the city, this is something that's going to be maintained by the property owner as a part of their project. So I wanted to note those points. Certainly, and Mr. Perez in particular, who's been here the longest and known me the longest, standing up before this group, we'll certainly have a conversation with our adjacent property owner. I wouldn't want to live next to those trucks parking there. Our proposal will not permit that to happen, but we do have the ability to control that today. And so you have my commitment that we'll talk about removing those in the interim so that there's no continued impact of having a large box truck or whatever it was kind of next to an adjacent property. The letter that was read into the record, I think, is like two blocks away. You got to go up Fifth and make a right on Southeast 6th Street. It's not adjacent. They're suggesting we buy their property from them. I mean, I don't know what we would do with a property a block, block and a half away. They certainly can express their opinions regarding the fact that they think that this project doesn't belong there. They have that right. but it's not adjacent to our property either. I mean, it is up the street and then, and then you make a right, it's mid block. So we are not adjacent to that property. So certainly our impacts to that property are more removed. And so again, Mr. Perez, you know, well that, that, um, we will maintain and have an open line of communication. We, you know, have not obviously had any opportunity to speak with the neighbors. Um, know this before this evening we're not aware of this and this is typically when it happens you all know that you're kind of the first line of defense right folks show up to this hearing before you move to city council and so um i um you know again i believe you're on firm ground to follow your staff's recommendation with what is uh happening here you can certainly condition certain aspects of the items four and five and and we would voluntarily proffer that we will remove those trucks you know, immediately so that we're not dealing with that nuisance on a short-term basis. But again, the evidence before you today supports your decision to move forward with this item, but I'm happy to obviously answer your questions and see if there's anything else that you'd like.

Thank you. Comments or questions from the board?

Maybe I just clarify a couple of things. So first off, what is before you? The first the first question is before you is the comprehensive plan designation. This has been a consolidated public hearing. So you've heard about the alley. You've heard about the variance. But what you're voting for the first time is whether it makes sense to convert that from residential to commercial. Right. From a comprehensive plan designation. Now, that being said, because we heard about other things, I want to clarify just a couple of things. Number one, the alley is a private alley. It is not a public alley. It was dedicated by Platt to the owners, to the adjacent owners in the subdivision. Okay. That being said, the city can still vacate it. Okay. It's perfectly appropriate what they have asked for. So I just wanted to clarify that one aspect. Okay. In case there's confusion about that. Regarding the evidence that was presented, there's evidence, there's testimony, and there's argument. Okay. Testimony can be evidence. Okay. But you have to give it weight, how much weight you want to give it. Expert testimony is entitled to more weight than just observational testimony. So just keep that in mind when you hear things. In terms of other types of evidence, traffic studies are evidence. The staff report is evidence. So that's what you are looking for in a quasi-judicial capacity. That covered evidence.

and i believe those were the clarifications i wanted to make so uh for this first item you're actually in a legislative capacity you're making a recommendation as to whether this should be adopted or not thank you um you jumped the gun on me because i was i was going to not as eloquently and as professional and legalese as you uh when i grow up i want to be like you okay but um But I was going to, in my limited capacity, I was going to bring up a similar subject. This is a proposed land use. Correct.

The first item before you. Correct.

So you are, in a way, you're testing the waters to see if we can, if the staff, if the city... goes with your plan. See if it fits the master plan, if you will.

Yeah, I think as your attorney said, you're bidding for the short term in a legislative capacity, whether this is an appropriate location for commercial uses in general. And you have to support them.

This is but the first step in a bit of a trip. The alleys, many, many, many years ago, The city, I don't want to say that they vacated the alleys, but they were given, they gave the property owners the ability to use up six feet. The alleys are typically 12 feet wide. So the property owner to the north would enlarge, if you will, their property six feet, And the property to the south would encompass the other six feet. So in essence, the alley will be gone. If you can close it up, fence it, what have you, the alley will be gone. But it's still the alley. Now, it was given to I don't want to say given, but it was granted to the property owners, to the public at large.

Correct. And one other point on the alley, which I didn't mention, I mean, we are under an obligation with the alley item to ensure that if there's any... That's what I was calling that. All of that, we have to relocate that. And that is a commitment we've made to do.

Because I'm in that same predicament. I'm like many, if not all, all the citizens of the city utilize or enclose that extra six foot. It's six feet added to the property. But with the caveat that the water lines. Correct. run right along that alley. The water meters are right there. So just today, on my way here, the meter reader, knocking on my door, say, hey, I need access to your yard so that I can read the meter. So I have to, in good conscience, know that even though I accepted the offer from the city to utilize or close up that alley, city still has dibs on it.

Right. Like I said, we have to either continue to provide access for any use that benefits others, or we have to relocate to an area that has free unfettered access at our cost. And that is one of the conditions of the alley closure.

Hugo, I know you for longer than I care to admit. I appreciate that. I will ask one thing of you. Please. address those pictures. Yeah. Because not only do you have commercial box trucks right up against the house, you also have them on a stand.

Yeah.

Way up there. Like on a second story. That's pretty aggressive.

My client is here. I mean, I will, you know, the representative from the office is here. I can, you know, a commitment I can make and you can let your attorney direct us to when is the appropriate time to add any kind of condition. But I would certainly offer that we will remove those trucks and we'll do so before we get to. I know that. We'll do so before we get the city council. I mean, how you word that. Yeah. It's not going to happen tomorrow morning. Yeah.

Because.

Like everything, it takes time to... No, but I'm committing and I'm getting a head nod that if this moves forward this evening, it goes to the city council.

It needs attention. I would not be happy to have those trucks.

It would move to city council by August 25th. And I can assure you that the commitment that we make publicly today is going to move a lot faster than a code enforcement provision to remove, because we all know that that takes time. So I'd be happy to include as part of a condition that your attorney can certainly guide you on that we would, if we're able to move forward this evening, to the first of two readings. So you might recall that we will end up with two readings before the city council. August 25th, and then I think it's September 8th, if I'm not mistaken, that before that first one on August 25th, we will have removed those trucks that you see in that photograph. And so the owners certainly will have the adjacent property owner represented by the attorney and by her daughter and son-in-law will certainly have the benefit of knowing that that occurred. And if it weren't to occur for some reason, and again, my client is nodding and we're going to remove those trucks, we would not be able to move forward at that time and on that date. And candidly, again, that's going to be faster than a code enforcement provision, because we all know that, you know, you get that notice and you have 30 days and you have this and all of that. We're actually offering to do that to all of you as a sign of good faith. And of course, also to continue a dialogue now that we've know and have someone to speak with, with the neighbors and maybe address some other concerns that they may have.

Okay. Thank you. I'm going to hit you in a second. Any comments or questions on this? Comments or questions? Okay. Given the fact that this is a land use amendment, and it is but the first step on a long journey, Also, given the fact that there are new evidence that just surfaced and supposedly a code enforcement that we don't know about, but you're going to follow up on it. Would it be prudent to table this item or. would it be okay to go through with the pleasure of the board?

It's with the pleasure of the board because I would tell you that the items four and five are the other questions that are before you, which are the alley closure, the rezoning, and the variances. And I would ask if you were going to affix conditions that it be to those two items as opposed to this one. This one should be clean.

Okay.

If it's your intent to move forward with those other two items and approve them.

Okay. So in the eyes of the city, this item is good to go as an amendment right now.

That is how it's being presented, reviewed and presented as an amendment to the future land use map.

Okay. And given the fact that there are other little things that just came up, we'll address that with the other two items.

With the rezoning variants and the alivacated.

Okay. Do we understand this? So this particular item should be a clean up or down. Okay. Okay. Whatever.

I will, I mean, I do have to note that if it's a down, you don't ever hear items four and five, right, Mr. Attorney? I mean, our site plan and the parking variance is all.

No, because this board is making a recommendation to the council. So you would still hear it.

Okay.

Okay. Thank you. All right. Are you, you good with that? I understand. That being said, what's the pleasure of the board on this item? We need a motion. Motion to approve, motion to deny. So.

Okay, we have a motion by Mr. Iglesias. Motion to approve.

By Mr. Iglesias. Do we have a second?

This is just for this item, correct?

Just for this item. And yes, just for this item. Okay. No, no seconds. A second. And we have a second. Okay. Leo second.

So we have a motion from Mr. Alessio. Second by Mr. Castellanos. Mr. Alessio. Yes. Mr. Huge.

Yes.

Mr. Morales.

Yes.

Mr. Perez.

Counting on you. We'll deliver. Big time. Yes.

Mrs. Enrique. No. Mr. Castellanos.

Yes.

Item has been approved.

Okay, so this item has been approved. We can move forward to the other two items where we will, again, rehash all the little...

Right, and where you're going to fix the conditions that you are interested in. Are you going to hear those items now? I know that they're further in your agenda, but I think it's fresh on everyone's mind, so I don't know if you want to just... It's up to you, Mr. Chairman. You've done this many times, but...

And I rely very heavily on, you notice he's on my right hand.

You're well represented. I'm just saying, you know, we can either sit down and allow the other two items to move forward and discuss other projects and other properties, or we can just continue and finish.

You have the ability to do either.

Okay, so for the neighbors, do you understand what just happened? Okay, this is the first step in a long process. that we have to go through. And he is basically asking for permission to change the zoning, okay, to amend the zoning, you know, from a three down to a two and from, what was it, residential to?

The C2.

The C2, okay. So he's going up and down on, you know, titty-totter, you know. One end goes down, the other end goes up. according to staff's recommendation, according to the city, that application holds water. That application is good for the rezonings. So that has been approved. Now comes For the land use, for the land use, right. Now comes the other two items that he's going to talk about. And you, I believe you have, what items are they? Four and five. And I don't expect...

Through the chair, we do have two minor final decisions in front of the other two.

Yes, yes. We'll have to revisit you and have a couple of other applicants in between. Okay? So... All right. So with that decision the land use portion has been closed. We will now go to the regular planning and zoning portion of the meeting.

Item number one, approval of planning and zoning board summary agenda of June 24th, 2026 as submitted.

Motion to approve.

Second that motion.

We had a motion by Mrs. Enriquez, second by Mr. Iglesias. Mr. Castellano? Yeah. Mr. Iglesias?

Yes.

Mr. Morales? Yes. Mr. Hughes? Yes. Mrs. Enriquez? Yes. Mr. Perez?

Yes.

Item has been approved. A written decision, resolution, and or ordinance 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 and or ordinance is adopted, contact a member of the City Clerk's office to obtain a copy of the resolution and or ordinance. Upon your receipt of the resolution and ordinance, contact the building department to obtain your required building permit. Summary minutes or a copy of the audio files of the 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 at a scheduled meeting of Tuesday, September 8th, 2026. Okay.

Since everybody was already sworn in that, uh, We don't need to go through those steps. So go ahead and read the first item.

So item number two, final decision to allow an interior west side setback at 3.8 feet or 6.9 feet is required for the legalization of an existing accessory building of approximately 137 square feet. To allow a three foot distance separation between the existing accessory building and a proposed aluminum roof terrace. where 10 feet is required, and to allow the second existing accessory building of approximately 120 square feet to maintain a three-foot distance separation from the proposed aluminum roof terrace, where 10 feet is required. The property is located at 110 West 53rd Terrace, Hialeah Sonder 1, One Family District. Applicant, Janice Jimenez and Alberto Marrero.

Thank you. Name and address, please.

GOOD EVENING, CHAIRMAN AND BOARD MEMBERS. MY NAME IS ALBERTO MORERO AND THIS IS MY WIFE, YANITZA JIMENEZ. WE ARE THE OWNERS OF THE PROPERTY LOCATED AT 110 WEST 53RD TERRACE IN HIALEAH. WE ARE RESPECTFULLY REQUESTING APPROVAL OF THE VARIANCE AND LEGALIZATION APPLICATION BEFORE YOU TONIGHT.

Okay, let's let her read it into the record first. Okay. And then you have the floor and you can take whatever time you need.

The property in this application is located on the south side of West 53rd Terrace between Palm Avenue and West 4th Avenue of Red Road. The load is approximately 9,522 square feet or 0.22 acres. The site is improved with a 1,158-square-foot one-story single-family home originally built in 1952 according to Miami-Dade County property appraisals records. The property is designated as a low density residential on the city's future land use map, and the zoning classification is R1, one family district, which is consistent therewith. A review of the city microfilm's records indicate that the residence was originally constructed as a three-bedroom, two-bathroom residence under permit number 1952-19354. The existing carport was subsequently enclosed and converted into a family room under permit number 1976-30611. The windows and doors were replaced under permit number 2015-2625. And additionally, a new driveway was installed under permit number 2021-9022. And a new roof was installed under permit number RFR-009-550-2024. In March 2026, the property owner applied for a building permit number BLDR-002539-2026 to construct an aluminum roof terrace. During the zoning review process, the staff determined that the proposed improvement could not be approved because two existing accessory buildings on the property do not have do not comply with setbacks and distance separation requirements. As a result, this request is being presented for your consideration today. The submitted site plan indicates that the proposed aluminum roof terrace is approximately 1,019 square feet and follows the existing building envelope of the residents while complying with the required size setbacks, the plans further indicate that the existing accessory building located on the west side of the property consisting of approximately 137 square feet and the existing accessory building located on the east side of the property consisting of approximately 120 square feet are both proposed to remain and be legalized. According to the applicant request to allow both accessory buildings to maintain a three-foot distance separations from the proposed aluminum roof terrace, where a minimum separation of 10 feet is required. The site plan demonstrate that the property contains approximately 4,199 square feet or 44.18 percent of the pervious area, which exceeds the minimum pervious area requirements. Staff also noted that the property does not comply with their required two-foot drainage separation along the west side of the property line. As part of the review process, the staff conducted a site visit and photographed both existing accessory buildings, and based on that site inspection, staff determined that both structures are currently being utilized for storage purposes. Additionally, the property owner has executed and submitted an authorized declaration of use, acknowledging that the property shall be used only as a single-family residence and that only one kitchen shall be permitted on the premises. STAT finds that the request to allow the existing accessory building located on the west side of the property to maintain an interior size setback of 3.8 feet may be approved. The structure is existing, remains entirely within the property boundaries, and the reduced setback will not adversely affect adjacent properties. Furthermore, because the accessory building is an existing concrete structure, relocating it will require substantial reconstruction. Therefore, staff finds that the requested setback reduction is reasonable. Staff also finds that the requested distance separation of three feet between the proposed aluminum roof terraces and both existing accessory buildings may be approved. The reduced separation will not adversely affect surrounding properties, will not interfere with the use and enjoyment of adjacent properties, and is not expected to create any negative impacts on the neighborhood. Additionally, the property maintains adequate pervious area and will continue to function as a single-family residence in accordance with the executed declaration of use. Based on the analysis, the staff finds that the request is reasonable, subject to the following conditions. Number one, the proposed aluminum roof terrace shall remain open on all sides and shall not be enclosed. 2. The existing accessory buildings located on the west side of the property and the existing accessory building located on the east side of the property shall be legalized through the applicable building permit process. 3. The property shall comply with the required two-foot drainage separation along the west side property line. Recommendation approval with conditions.

Excuse me. Yeah, before.

Yeah. Dear board members, the subject property at 110 West 53rd Terrace, yes, was developed in 1952. It includes an existing masonry storage structure and a wooden storage shed in the rear yard. There's also two large mango trees planted in the 1950s and now mature over 70 years old with extensive root systems and canopy are positioned immediately adjacent to these structures. Relocating the masonry storage structure in the wooden storage shed is not feasible without killing or severely damaging these protected trees which would require a separate tree removal mitigation permit substantial costs and likely denial due to their age size and protections these long-standing trees and the fixed placement of the masonry storage structure or unique pre-existing physical conditions we propose an open terrace with a metal roof, open and unenclosed on the east, west, and south sides in this area for typical single-family residential enjoyment. sufficient space for outdoor family holiday dinners, requiring rooms for tables, seating, and guests, and exercise equipment needing a safe usable area for movement. Strict enforcement of the full 10 foot minimum separation requirement between the proposed terrace and the existing masonry storage structure and the wooden storage shed would leave only approximately nine and a half feet of usable depth. This extremely limited space would render the terrace functionally useless and too narrow to accommodate a dining set up for family gatherings or effective placement of use of exercise equipment. The requested variance reduces the separation from the masonry structure to approximately 2 and a half feet which is the minimum necessary for a practical terrace. The hardship is site-specific, not self-created, and prevents reasonable use without relief. Granting this variance will cause no adverse effects on neighboring properties, light, air, privacy, or public welfare. In addition, the terrace shall remain open and unenclosed on the east, west, and south sides. No walls, screens, or conversion to habitable space. No flammable material or fuel shall be stored inside the masonry and wooden structure. Applicant will obtain all required building permits for the masonry storage and wooden structure and comply with the Florida Building Code and Florida Fire Prevention Code. The existing location of the structures has not created any adverse impact on neighboring properties or their surrounding neighborhoods. In fact, one adjacent property owner has submitted a letter supporting this application and another adjacent property owner is present in support of this request. Relocation of the structures would be impractical due to the existing site layout, mature landscaping, and established improvements of the property. For that reason, we are requesting approval of the existing configuration. Our goal is to work cooperatively with the city, comply with all applicable requirements, and properly legalize these existing improvements. We appreciate your time and consideration, and we respectfully request your approval of this application. Thank you.

Thank you. Did you understand the recommendations from the city planner?

Yeah.

Okay. Like you just said, terrorists should be maintained open. Yeah. You pretty much repeated what she said.

Yeah, just, I guess, in layman terms.

In layman terms? Yeah. Okay, okay.

It's exactly what she said. You know, I want to make sure that we're both, you know, on the same page.

We are. Comments or questions? No? Ooh, that's... Anyone in the audience have a comment or question? No? All right. Closes a part of the public hearing. It was a pleasure of the board. Motion to approve.

Second.

With conditions, right?

With conditions. Yes, I can hear you, ma'am.

With conditions. There you go.

Okay. We had a motion by Mr. Morales, second by Mrs. Enriquez. Mr. Iglesias?

Yes.

Mr. Castellanos?

With conditions.

Mr. Huch?

Yes. Yes.

Mrs. Enriquez? Yes. Mr. Perez?

Yes.

Mr. Morales?

Yes.

Item has been approved with conditions.

Thank you. Thank you. They need to come back, right?

Yes, you will need to come back before the City Council on September 8, 2026 at 5 p.m. Okay. Thank you. Bye. Okay, so item number three. Final decision to allow a rear setback of three feet where five feet is required and to allow a street-sized setback of 13 feet where 15 feet is required for the legalization of an existing aluminum terrace. The property is located at 4416 West 10th Avenue, Hialeah-Sondra 1, One Family District. The applicant, Yasmin R. Borrell-Rivero. So we received a call from the applicant. He couldn't make it today, so he wants his item to be tabled until August 26th.

Okay, we're reading a recommendation of approval with conditions from the planner. Do you want to read it into the record, or do you want to wait until the...

Wait until. So if you have a motion to table, we'll hear it when the applicant is present.

We can... The applicant requested to table.

Motion to table.

Motion to table until the 26th.

Okay, so motion, Mrs. Enriquez. And I'm sorry, who's second? Mr. Morales. Mr. Yuge?

Yes.

Mr. Morales? Yes. Mr. Perez? Yes. Mr. Castellanos? Yes. Mrs. Enriquez? Yes. Mr. Iglesias? Yes. Item has been tabled until August 26, 2026.

Okay, so no more final decisions? No more. Okay, so here we go. Back to the planning is on and part of the The meeting.

The planning and zoning board recommendations for the following public hearing requests will be heard by the City Council at a scheduled meeting of Tuesday, August 25, 2026. Item number four. Petition to close, vacate, and abandon for public use a portion of the existing 12-foot alley located west of Southeast 5th Avenue, extending northwesterly approximately 193.30 feet. more or less between block seven of east Hialeah and track seven of revised plot of block seven of the subdivision of east Hialeah containing approximately two thousand fifty three point seventy eight square feet as more particularly depicted in exhibit eight contingent upon relocating agreements with the city of Hialeah public works Florida power and light Florida City Gas, AT&T, and Comcast. Applicant, Hugo Arza, Esquire on behalf of Okeechobee Hialeah Property LLC.

Thank you. Go ahead. Yeah, Mr. Chairman, Hugo Arza again, 701 Brickell Avenue. We made a lengthy presentation. I would ask if you can incorporate that presentation by reference. I don't think you need to see the presentation. I don't think you need to see the presentation again. So we would ask you to incorporate the public hearing and presentation that we made previously. This item is just simply on the... right of way on the closure of the alley. So it's that narrow scope, much like the first item was only about the land use. This item four is just about the closure of that alley. I would just note as the description that was read states, obviously the commitment to relocate any existing infrastructure utilities in that alley fall upon the property owner moving forward. And we agree with that and any other conditions that staff has imposed in their recommendation of approval. So I think that's all you'll hear from me.

I have a question here that just, again, those pictures are still. Are you currently using both halves of the alley? Yeah.

I mean, we're on both sides of it. We use it as we're proposing to use it in the site plan, which is as the entrance to our property. Yeah. Yeah. yeah okay so you access it is an access point yes i mean i guess maybe that's the easier way to answer that question um doesn't the homeowner on the other side of that alley also have uh

dibs or rights to that or the half of the alley they do they do that's the way yes yes and if you look at the um there's an image the survey sketch in your packages or wherever you have the information um the a portion the portion of that alley that is being closed that is adjacent to property that this owner does not own is being left it's not marked as belonging to this to this property that would stay, that would remain a private alley, but it's currently being used by adjacent owners, just like everything else further down the block.

So if I understand you correctly, I'm trying to visualize, it's just that those pictures, you know, they threw me off. I mean, they really threw me off for a loop. I'm trying to visualize the alley, and by those pictures here, Those trucks are parked right up against the property line of the house. Correct.

That house right there.

So, correct me if I'm wrong, they have half of that alley, a good six foot from the property line to where the truck's parked.

Through the chair? Through the chair?

It's angled. It's the right dimension. Yeah, through the chair.

So, the... Between the two properties, between the parking lot and the single family home, there is no alley. That is the wall that is separating. That is a property line. The alley is behind a parking lot. So they owned the south and the north, the triangular shape.

Claudia, do you want to put up? I think if you put up the visual, if you put up my slide, I think Claudia can explain. Yeah, the alley is between our two properties, the one that we've received the first reading land use change for and our C2s and C3s across.

Yeah, the majority of it. There's one portion.

I'm having a little bit of a mental block here because I'm not... I'm not about to... Yeah, let's give you a vision.

Okay, so the black, I will call it the white part over here. Right. Okay, so these portions, these parcels are owned by this property owner, and this one is the residential that is being used as a parking lot. What you see in the pictures is depicting this area right here. And the alley runs diagonally to here.

Okay, okay.

So the six-foot section, it's affecting this area because they don't own this north portion. So it is 12 feet from Southeast Fifth Avenue all the way to stopping here and the six-foot to whatever the other parts of the district.

See, that little portion there, that was the one that I had questions about. Because I was thinking, you know, looking at the pictures, I mean, the trucks are right up against the wall. so you're already using using up the alley but now this is the the pictures you know i mean looking at them i think the pictures are simply where the triangle that you see that is currently on that's where it is it's not now that has been explained to me i can i see so basically from the from the western corner of that green triangle going a little bit further west they're still going to have their six feet

available to them correct you're just gonna utilize your southern right if we are not on both sides we can't enjoy both sides we are only um taking well you know for the portion where we own properties on both sides then obviously both of those six feet go to the same owner so it becomes the consolidated site plan okay beyond that we we can't take someone else's problem well that's that's see that's what the sketch yeah the sketch and obviously you're

That's why I wanted to see something, you know, like some kind of a design or a sketch. But you have it right here.

Yeah, that's part of it. A nice little L cut away. We had to present, again, the sketch and legal for what's being closed had to be presented to the city.

Ah, there it is. Okay. Yeah, but still... the display here with the colors and all of that, that just makes it so much more eye-catching. Okay. Comments or questions from the board? Yeah, I think.

We have to read it into the record.

Yeah, the staff recommendation. No, you read the staff recommendation already. Yeah, on this one.

For this one?

Yes. Oh. Yes.

Okay. Mr. Chair, I need to read the report into the record.

I thought you had.

I think you just said the land use.

Oh. Not for the vacation. Not for the other way. No.

Oh. We stand corrected. See, that's why you're the second in command.

The petition in this application seeks the closure, abandonment, and vacation of a portion of the alley located in the west of Southeast Fifth Avenue, extending northwesterly approximately 193.30 feet, more or less, between Block 7 of the East Hialeah Track 7 of the revised plot of Block 7 of the subdivision of East Hialeah, which is privately owned according to the above-mentioned plot. The portion of the alley proposed for closure contains approximately 2,053.78 square feet, as shown in Exhibit A. The alley proposed for closure is adjacent to the following six parcels. 652 SE 5th Ave., 455 East Okeechobee Road, 475 East Okeechobee Road, 491 East Okeechobee Road, folio number 04-3120-005-1280 and folio number 04-3120-005-1290. The properties on both sides of the alley are under the same ownership. The purpose of the request is to consolidate the northern and southern portions of these properties to facilitate the development of a six-story mixtures building. The western portion of the alley will remain open to continue providing access to adjacent properties under separate ownership. Letters of no objections had been received from the Florida City Gas confirming that there is not existing facilities within the portion of the alley proposed for closure and from Comcast, which has indicated no objection provided that the new utility Eastman is granted and all costs associated with relocating its existing aerial facilities are at the developer's expense. No objection letters from the City of Hialeah, Public Works Department, FPL, and AT&T remain pending. Staff finds that the proposed alley closure will facilitate the elderly redevelopment of the subject properties while preserving access to neighboring properties. Therefore, the request was recommended for approval subject to the following conditions. Number 1, the relocation of Comcast facilities shall be completely at the developer's expense. Number 2, no objection letter shall be obtained from the City of Hialeah Public Works Department, FPL, and AT&T prior to final approval. And three, no certificate of occupancy shall be issued until all conditions of approval have been met. Staff recommends approval with conditions.

Thank you. Would it be possible, would it be okay with you if we combine four and five together and just read your report for five also?

Wouldn't I have to read? I don't know. One second. Item number five, rezoning property located at 652 Southeast Fifth Avenue from R1 One Family District to C2 Liberal Retail Commercial District. Rezoning property is located at 489, 491, 493, and 499 East Okeechobee Road from C3 Extended Liberal Commercial District to C2 Liberal Retail Commercial District. Variants permit to allow 51 parking spaces where 68 parking spaces are required. To allow one loading parking space where three loading parking spaces are required. And to allow zero foot landscape buffer adjacent to three proposed parking spaces facing southeast Fifth Avenue where a minimum of seven foot landscape buffer is required. For the redevelopment of a six-story mixed-use building. The properties are located at 455 East Okeechobee Road, 475 East Okeechobee Road, 489 East Okeechobee Road, 491 East Okeechobee Road, 493 East Okeechobee Road, 499 East Okeechobee Road, and 652 Southeast Fifth Avenue. And folio numbers 04-3120. dash 0, 0, 5, dash 12, 80 and 0, 4, dash 31, 20 dash 0, 0, 5, dash 12, 90. Highly assumed are one, one family district, C2 liberal retail commercial district and C3 extended liberal commercial district. Applicant Hugo Arza, Esquire on behalf of Okeechobee Hialeah Properties.

Okay, Hugo, what we're going to do is we're going to try and combine both of them together.

The properties in this application consist of six parcels under common ownership. Five of the parcels front East Okeechobee Road between Southeast 4th Avenue and Southeast 5th Avenue, while the sixth parcel is located at the northwest intersection of Southeast 5th Avenue and Southeast 7th Street, immediately north of the other five parcels. The properties contain approximately 38,987 square feet or 0.90 acres, according to Miami-Dade County property appraisals records. The properties were originally plotted in 1928 as recorded in plot book 33, page 1. The five parcels fronting East Okeechobee Road are designated commercial on the City's Future Land Use Map and are zoned C2, Liberal Retail Commercial, and C3, Extended Liberal Commercial District. The sixth parcel, located at 652 SE Fifth Avenue, is designated Low Density Residential and zoned R1, One Family District. Although this parcel retains a residential land use and zoning classification is currently improved with a surface parking lot service that's serving the adjacent commercial properties along East Okeechobee Road and does not contain any residential structures. The applicant is requesting to re-zone the property located at 489, 491, 493 and 499 East Okeechobee Road from C3 to C2 and the property is located at 652 Southeast Fifth Avenue from R1 to C2. The rezoning of the C3 properties is requested to establish a single consistent zoning classification across the entire development site. Although self-storage facilities are permitted within both the C2 and C3 zoning district, a unified C2 zoning designation will provide regulatory consistency for the redevelopment of the site as one coordinated project. A companion future land use map amendment application has been submitted to amend the property located at 652 Southeast Fifth Avenue from low density residential to commercial, thereby ensuring consistency between the future land use map and the proposed zoning classification. In addition, a companion alley closure application has been submitted to vacate the existing 12-foot wide alley located between the subject properties. Approval of the future land use map amendment, rezoning, and alley closure applications will allow the parcels to be unified under a single ownership through a unity of title to facilitate the redevelopment of the property. The proposed redevelopment consists of a six-story mixed-use building designated to modernize the property and enhance the East Okeechobee Road corridor. The ground floor is proposed to include approximately 4,755 square feet of retail commercial space divided into four commercial tenant spaces, a 2,250 square foot restaurant space, a self-storage office, a self-storage vestibule, covered and surface parking, and loading area and a trash enclosure. Floors 2 through 6 are proposed for self-storage use, resulting in approximately a 116,561 square foot self-storage facility. The proposed redevelopment incorporates modern architectural elements, enhanced building materials, native landscaping, and improve streetscape treatment intended to improve the appearance of the corridor while maintaining compatibility with the surrounding commercial area. The proposed site plan provides a total of 51 on-site parking spaces, including one loading parking space. The landscaping plan provides approximately 8,143 square feet or 20% pervious area, exceeding the minimum landscaping requirement of 18%. The applicant is requesting a variance permit to allow 51 on-site parking spaces where 68 parking spaces are required. A parking study prepared by Choice Engineering Consultants Inc. was submitted in support of the request and review by the city's traffic consultant. The parking study evaluated and anticipated the parking demand generated by the proposed mixed-use development and concluded that the proposed parking supply is expected to adequately accommodate the projected parking demand. The study determined that the proposed development is anticipated to generate an estimated parking demand of approximately 45 parking spaces, which is below the total proposed parking supply to serve this site. The self-storage component is expected to generate relatively low parking demand due to the intermittent nature of customer visits and minimal employee parking requirements, while the commercial component represents only a limited portion of the overall development. The city traffic consultant reviewed the submitted traffic and parking study and provided comments requiring additional clarification, corrections, and supporting analysis. These comments are included as Exhibit A and shall be addressed by the applicant during the site plan and concurrency review process. as part of the review process staff forward the proposed site plan to the city street division for review of the proposed parallel on the street parking along southeast fifth avenue the street division advised that the city has scheduled roadway improvements for southeast fifth avenue which will include the construction of parallel on street parking as part of the city capital improvement project Therefore, the applicant is not required to construct the proposed on street parking improvements at this time. The street division further advised that the applicant may obtain a permit should repairs to the existing sidewalk or swell be desired prior to the city roadway improvements. Based upon the findings of the parking study, the comments provided by the city traffic consultant and the street division, and the operational characteristics of the proposed self-storage and commercial uses, staff finds that the request parking reduction may be accommodated, subject to the applicant addressing the traffic consultant comments, including in exhibit A during the site plan and concurrency review process. The applicant is also requesting a variance to allow one loading parking space where three loading parking spaces are required. The proposed loading area is intended to accommodate deliveries associated with the commercial tenant space and the self-storage facility. Staff recognize that self-storage facilities generally generate significantly lower loading activity than traditional warehouse or industrial uses, with deliveries occurring occasionally rather than simultaneously. Furthermore, the proposed commercial tenant space represents only a small portion of the overall development. Based upon the operational characteristics of the proposed uses, staff finds that one loading space will adequately accommodate anticipated loading activities. In addition, the applicant is requesting a variance to allow a zero foot landscaping buffer adjacent to three parking spaces facing Southeast Fifth Avenue, where a minimum seven foot landscaping buffer is required. The requested variance is limited to only three parking spaces and is necessary due to the site constraints associated with maintaining code compliance parking dimensions and internal vehicular circulation. Although the required landscaping buffer cannot be provided in this limited location, the development exceeds the city's overall minimum landscaping requirement. A staff finds that the remainder of the site provides adequate landscaping, visual buffering, and streetscape improvements to minimize the impacts to the public right-of-way and surrounding properties. Therefore, staff finds that the request variance will not adversely affect the character of the surrounding area. Lastly, on one of the subject parcels, there is currently a permitted billboard sign that it will be eliminated as part of the redevelopment of this project, bringing an additional improvement to the overall corridor. Overall, the proposed resigning and associated variances will facilitate the redevelopment of an underutilized commercial property into a modern mixed-use development that is consistent with the surrounding commercial corridor. The requested rezoning establishes consistency between the future land use map and zoning classifications, while the proposed variances have been adequately justified based on the operational characteristics of the proposed development, the support parking study, and the comments provided by city staff consultants and the street division. Staff finds that the proposed development will not adversely affect surrounding properties, will enhance the visual character of the East Okeechobee Road corridor, and is consistent with the intent of the Comprehensive Plan and Land Development Code. Based on the analysis, the staff recommends approval of the requested rezoning and variance permits subject to the following conditions. Number one, the companion future land use map amendment application and alley closure application shall be approved concurrently with approval of the requested rezoning and variances. And two, the subject property shall be unified through a unity of title prior to approval of the site plan and concurrency process, and that the applicant shall enter into a declaration of restrictions requiring the development to be constructed in substantial accordance with the plans prepared by Eugenio Palenzuela, AR, sign and seal in July 22nd, 2026, and the removal of the billboard sign shall occur prior site plan and concurrency approval, and the applicant shall comply with and submit satisfactorily address all comments and recommendations provided by the city traffic consultants and including an exhibit A, including any required revisions to the traffic and parking study as part of the site plan and concurrency review process, and that the proposed development shall comply with all applicable comments and requirements of the city street division, public works departments, and other reviewing agencies during the site plan and concurrency process. And in addition, it's not part of the staff report, but I will add it, As part of the discussion during last night's council meeting, there were comments regarding aesthetics, especially during commercial buildings. So I would like to also add that addressing the proposed exterior painting of the building. And with that, staff recommends approval with those conditions.

Thank you, Mr. Chairman. If I may, I mean, that item was passed at the commission, at the council yesterday, excuse me?

It was a discussion, and it will be brought back in future meetings.

Yeah, I mean, obviously, we must comply with whatever the law of the city is at the time that we seek any building permits.

Remember, I think the color yellow doesn't quite fly with...

We'll, Mr. Chairman, just for the record, we accept staff's recommendation, staff's conditions to their recommendation of approval.

I have one question, Claudia. You mentioned something about streets division. It's going to be improving the- Southeast. Okay. Are they counting or are they including those available, future available parking spots that the city will provide on street parking in their variance or?

Not in their variance. The variance required 51. They're proposed on their private site.

Okay.

And they're required to have 68. I believe during the presentation, it was counted that 57 because those six parking spaces are on the street.

The request is legally accurate. We're asking for everything we need. I did note that those spaces will come online at some point. We offered to build them, but the city told us that it was already part of their plan to do so. The streets department has a plan for some.

So in essence, that will become part of your. Well, it'll be on the street. Yeah.

And again, our variants won't count those. It'll just be the spots adjacent to our building, which reasonably, but are going to be available and open to anyone who wishes to use them.

Okay. So in a nutshell, what we have done here is we have, even though, because you had a presentation at the beginning. Yes. We had a, we combined these two items so that we can address, you know, the elephant in the room. I was enlightened by console and by staff about the The alley. I was not real happy about the alley, but once I saw black and white, or should I say the color version, I'm good with that. Okay. Any comments or questions from the board? Yeah. No comments or questions? All right, well, sit tight. Let's open it up to the public and let's see what they say. Remember, three minutes.

I didn't realize you were going to open public comment again. Then I reserve time for rebuttal.

Oh, yeah, absolutely. Three minutes, remember, I can only be so generous.

I appreciate it. I didn't realize that before. Thank you.

May it please the members of this committee.

Once again, we have a situation where...

Okay, name and address.

My name is Pelayo Duran. I'm an attorney in the state of Florida. My... initial objection was that they are using this illegally and they continue to use it illegally and now they're coming to change the alley now if you see the pictures that have been provided they have already gone ahead and closed off any access that my client has to her property as you can see from that picture that's there my client has a right to walk through that property and she can't. And that piece of property in the back that remains is her access from the street that they have decided on their own to illegally fence. So here we have a situation where they're saying the alley is of no value because we have taken it upon ourselves to illegally enclose it and block off access to any other member of the city of hialeah now the remaining portion of the back of the alley which abuts this property it should be divided in a fair fashion for my clients use now the additional parking that they're saying, they have candidly admitted that that overflow is gonna land on the streets. Now, this is an example of spot zoning, because what we have here is giving this land use a beneficial use that only serves them. and you are altering what is already an existing single-family low-density designation to only accommodate the use of this developer, to give them a variance on buffers that are designed by the city and the law to protect homeowners against specifically this kind of use. So therefore, we respectfully object to the appropriation of the alley

we object to the fact that they have illegally done that and now they're coming to this board again with unclean hands asking for remedies that only benefit them okay thank you i'm just one second i want to ask you something and if you go over a couple seconds you know it's all right it's only pleasure i want to ask you something here and uh be candid about this uh i understand the fact that you're very eloquent about They're taking over the alley and they're obstructing the client from getting access to the alley. How do you come by that? How do I come back? How do you come to that conclusion that they're taking the whole alley?

I think that's a very good question. If you look at the picture that I provided, you can see that fence. That fence is blocking that alley. So my client can't get to her property. That's okay. Go ahead. Because she has been denied the access by them and they blocked it off. And now they come here with their unclean hands say, well, it's closed anyways, but they closed it. So they have unclean hands.

Okay. Wait, wait, wait, wait, wait, wait. Look at the screen up there. I see. I see it. Your, your client is this right here, right? That is correct. Okay. Okay. They own this property. Correct. They own this property. Correct. Okay. By law, correct me on this if I'm wrong, but by law, six feet of that alley belongs to the green triangle. The other six feet belong to the red portion of said alley. Correct? Correct. All right. your client here will still have her six feet here while they utilize their southern six foot here.

Yeah, but the problem is there's no access.

Okay, but this property here, this property here has the right to utilize their southern six foot And this property here has the right to utilize the northern six foot. So you're right. In essence, the alley is blocked, but it's blocked because they own those properties. Your client on the northwest still has her six foot there. Her access will be through her own property. Okay, so I'm at a loss as to how you come up with the reason that they're blocking off her alley.

Well, there's no access there on Fifth Avenue because I'm showing you the fence.

Because they own the North property, they own the South property, and they're going to utilize their property given right to utilize that alleyway.

They're here for that, but they're doing it before they got here without any lawful rights. So they come here again with unclean hands to ask for a remedy that's equitable.

That is something that is a court enforcement?

That's correct. And will I ask if do they know since when that alleyway has been blocked?

Since they put that fence.

Do you know when that fence was built?

No, because it was done probably legally. Because I don't think that they can put that fence there legally.

I'm asking if you know more or less.

I can ask.

Well, let me clarify one thing. Again, this is a private alley. This is a property dispute between two private property owners. This is two neighbors that have a dispute. This is not the appropriate forum for that dispute. We're not discussing equitable remedies. Mr. Duran mentioned that. This is a quasi-judicial item where you are comparing the request for the alley based on the criteria. That's what you're looking at. Okay, this is a separate dispute, and Mr. Durand may have a legitimate beef, but this is not the appropriate forum for that beef.

And in my eyes, I stand where I sat before.

That's fine. I understand how the process goes.

Hugo? And I do emphasize this. The property owners there. Those vehicles, those trucks, got to go. Now, in the future, should this pass, we're not going to have commercial trucks there, right?

No, I mean, there will be no parking for trucks. Only if somebody comes in to drop something off. It is going to be parking for development, not open parking where trucks are stored. That can also, by the way, Mr. Perez, as you know, that can also certainly be a condition that we do not provide for commercial parking overnight or that we don't do anything like that so that we can't keep there now. I mean, obviously, I can't stop somebody who happens to drive a truck from parking and accessing are building, but my client can ensure that no one can park there overnight or do anything. And the parking spaces are also being now drawn in a way where you couldn't park this way. You'd face out.

You know I'm going to suggest that condition, that no commercial vehicles park there. Another thing, and I may be jumping the gun a little bit, but just for curiosity reasons, What would the operating hours be for that area there?

Well, the self-storage facilities, you have remote access that you could get to 24 hours, but the office is manned just during normal business hours. So you're only receiving customers to sign a contract or to do anything like that on a normal business hours basis. We do have... the commercial units that we have. And I can ask my client if we can agree to hours of limitation on the retail or the restaurant space that we're leaving so that there certainly wouldn't be something like that. I can certainly have that conversation with my client. The self-storage facility, though, if you have rented a self-storage facility, you get like a... Right, right. And you could access it at any time, but there'd be no staff there to deal with business except during normal business hours.

Because my fear is... And again, I hate to reassert back to those pictures. My fear is that all of a sudden they'll start going back to their old routine and bringing back commercial vehicles.

I mean, again, we can agree to that as a condition. Your city has enforcement mechanisms for that. The property is going to be redeveloped. I mean, a redevelopment of this type, this building is in the tens of millions of dollars. And so there's a desire to protect that investment. When you invest that kind of money, we're not going to sully spending tens of millions of dollars building a new building and then allow people to do whatever they want with parking so that people don't have access to our building. You're not going to spend the money to build a building and not prohibit that. Obviously, professionally maintained, professionally managed building, we can ensure that those conditions are met.

OK. One sec. I don't know if Claudia would be, or if it will be up to you, Tony, to draft up the conditions that restrict them. Oh, you're doing it already? Yeah. OK. Go ahead, please.

There's an impossible way. instead of being a 24-hour access, like to 12 o'clock p.m., you know, at nighttime.

For the self-storage or for the retail and restaurant?

No, no, for storage.

Yeah.

Like to 12 o'clock at night to... 6 o'clock in the morning. Block that part off. I mean, in consideration with the neighbors. And then, you know, through the whole day. I don't know if it's...

I asked that question already.

If it's possible, I don't think... 12 o'clock at night is...

Right. I mean, you've got plenty of time. It's highly unlikely people are going to a storage facility anyway. But I did ask the question when we first discussed this an hour and a half ago of my client. I mean, the national, the Cube Smarts and the national companies that do self-storage, those units and those facilities are accessible 24 hours a day on a regular basis. The one we studied was accessible 24 hours a day and the like. So I mean, I was told that it would be an issue with our long-term tenant to have a facility that doesn't enjoy the same benefits as others. But I can certainly I can certainly, Mr. Iglesias, I mean, confer with my client again and see if it's something that we can do now that you've asked for it officially. No, I did. I can tell you that, you know, certainly for the retail and restaurant use, we can, we have more flexibility because those are going to be smaller.

I'm talking about just for the consideration with the whole scenario.

Right, right. So if you'll, if I could confer with my client to see if that's something that we could, while you continue, or if you want to ask any other questions and I just confer once, I'm happy to do it either way.

gentlemen at the end there yes sir so um if i lived in uh her her um her house and i had this that it was gonna go up i guess my only concern would be what type of buffers would separate it and when it comes to maybe greenery a fence something like that that um would still be within the required code something that you guys could do but something that would make her feel a lot better something that might block off light noise etc etc

to ease it's like you know throwing a tylenol at uh at that conjunction yeah no i appreciate that so you'll notice that none of the requests that you have this evening the the limited variance on landscaping is to the street so i mean i think that that's clear we're fully complying with code for a masonry wall, right? We have to have a dissimilar use wall. So the fact that there's a residence on one side and a business on the other side, your city code, like most city codes, requires there to be the construction of a wall. We are not not we are not not providing any landscape along that side so you know the entirety of the boundary that we share with our neighbor will have a wall and the landscaping per coat um you know in terms of what additional things we can do i mean you know obviously we could try and embellish the landscaping some and the like but we are not asking for any relief when it comes to The neighbor, you know, that's represented here this evening, the parking is obviously about our site. The one variance is about facing fifth, the street, which does not front on that property. But we meet code otherwise and do everything that your city requires in this kind of situation, which is, you know, a business use next to a residential use.

Through the chair, just for clarifications, because I want to point out to all the board, the landscaping plan that it was submitted as part of this application. So you can go to that page. Currently, there is a seven foot masonry wall between the single family home and the parking lot. And as you saw in the pictures, the trucks are parking right above that wall. The application is proposing two large parking two large in the corners, landscaping areas and a five foot landscaping buffer from that wall. So you will have wall five feet of landscaping than the parking spaces. And in those two corners, there will be landscaping island. So it will be with trees, canopy trees.

If I can direct you, you have sheet A1.01. You should have it in your record. I think Claudia is showing you the landscaping plan. But if you take a look at that. Oh, I know. What I can show you is that this is the subject property. This is where the neighbor lives. Here's the seven foot buffer and here are the two areas. So our parking is only occupying portion of it. The corner closest to the street and towards the front of her property and the rear are unimproved. And so those are landscaped and that's the landscaping plan plus the seven foot buffer. So our parking doesn't go here. Where we're asking for the relief is here. We're not giving the seven foot buffer on the street because we're... parking slightly closer to a sidewalk in the street, but that doesn't impact, obviously, our neighbor the same way, and it allowed us to accommodate some additional parking. Understood. No, I pulled it up. I see it. Thank you.

Okay. Go ahead.

So through the chair. Yes, sir. Can we pull up? So this whole back and forth with the alley.

Mm-hmm.

If you pull it up on Google Earth, everybody's taken all their spaces already. So the only person that hasn't taken their space is that one little section. So everybody's already taken their space. So regardless, it will be blocked from the other side as well. If nobody would have taken their space, then they would have access from it. So it makes no sense just to gain access through one side when everybody else has already taken their space and pushed their fences. It was even said that somebody pushed their roof through and I guess did some illegal building at the end.

Yeah. Not our property, so yeah. Yeah.

That's the rest of the block going through, meaning the rest of the alleys close up.

Okay, I'm going to give you a chance to speak up, but we do need to hear you.

I think if you showed the aerial, I think that Mr. Castellanos' point would be borne out, which is that...

I would understand if it was all open room and everybody's kind of fighting for that open space, but everybody's kind of gone at their own pace with it.

I'm getting dizzy. You drink much at all, but Okay, so Sorry. So what you're seeing in the screen right now is the alleyway from Southeast 5th Avenue all the way to Southeast 6th Street. So this is the complete alleyway. What Mr. Castellano was pointing out that in the middle of this section, there are already properties that they had blocked already that alley with fencing. That's already blocked.

You can also see... We go here to the street view. See that the drums are here. Go here to see more dates. Go all the way back to 2007. These trucks have been here since 2007. So 2009. The fence came out around 2013. Speak to me. They've been there for over 20 years, the trucks.

Oh, okay.

Okay.

I think Mr. Castellanos had the... Yeah, he used to...

If we're going to go ahead and point out to one side, I mean, let's do it all the way through, not just look at one side of it. You know what I mean?

Yeah.

Okay. So we still got to open the floor for the comments. What do you suggest?

I mean, it's...

But wait a minute. Before we go any further, let me get some legal clarification. Because I remember a few minutes ago, you mentioned something about a property dispute about the alleys and all of that. Do we have any... We have no jurisdiction on that whatsoever. You're not...

litigating whether there's whether it should be blocked or it shouldn't be blocked that's not your purview this is a private alley it's a private dispute between neighbors if they want to uh try to enforce that with respect to each other they absolutely can you've seen uh the the google aerials that show that there are others that are blocking that that that portions of that alley are taking it up as part of their property that would again be between neighbors does that does that make sense

Okay.

All right. Let's open up the floor and hear what they say.

I mean, you did that already, but I guess we'll... Well, we did that before. No, no, no. You did it again. Mr. Duran spoke, but no, I didn't realize it was still open.

Name and address again, please.

Elio Oliva, 11 Eaton Overlook. Thank you very much. I would just like to clarify, just to put the whole, to try to shed some light on the alley issue. It's only five minutes from here, a five-minute drive. I invite any of you to go there and walk. As Ms. Haspun pointed out, you can definitely walk from 6th all the way to 5th until you get, you can't get to 5th. the only thing blocking that alley is the fence that the applicant has put up. There is no other blockage. What you were seeing there earlier, yeah, there are some trees and stuff, but there's plenty of space. Anyone can walk from 6th Street.

Into the microphone, please.

Anyone can walk from 6th Street to the fence, up until the fence that the applicant has placed. That's the reality. It's not blocked anywhere else. I invite you to go and walk it yourself. It's five minutes from here. But what I'd really like to say is, Putting the alley issue aside, I think the residential parcel, I don't know if you can put up that little map that you had with the red triangle. So the residential parcel that is currently being used for commercial truck usage. The point I'd like to, or what I'd like to ask the council, City of Hialeah founded in 1925, okay? We all grew up here. I grew up here. I met my wife when I was 19 years old here. This is an honorable city. It's a great city. Wonderful people live here. And I think it behooves, I respectfully request the council carefully consider the fact that the current applicant who's owned this land for quite some time. And when he bought the land, if he was somehow innocent and didn't know, this residential lot, that red triangle up on the top has been used illegally for a long time, has created incredible suffering. I mean, I don't wanna overuse the word to my mother-in-law who has grown up. I mean, my wife grew up in that house for decades. Heavy commercial truck usage in a lot that is zoned residential. I think the city of Hialeah does not want to set the precedent that anyone can make any illegal use, and if you do it long enough and people don't say anything, it's okay. I think that's a bad precedent for the city of Hialeah to set. And I think the city of Hialeah maybe needs to pause, maybe needs to pause for a moment They'll have plenty of time to build their development, but I respectfully request City of Hialeah pause for a bit, understand what's happened here in this parcel, which is not zoned commercial today as we speak. What has happened here? What has this applicant done? They know, they have lawyers. They know that they're not discovering this now. They know full well the tenant they have. These gentlemen here, they know the tenant that they have operates commercial trucks. It's not a childcare facility. I'm sure they know. They're well aware of this. So this is not some innocent little thing. This has been going on for a long time, running roughshod over zoning, completely ignoring it. I requested the city pause. an investigation be conducted, what has happened here in the past, and what enforcement action is going to take place going forward. When those issues are resolved, by all means. All right. Thank you.

That's my point. Hugo, how long have they owned that property?

They acquired the last piece in 2024. They haven't owned all of it since then. I don't know specifically. There are several parcels.

The northern...

The corner parcel, I'd have to look up. I know that it was only after they had acquired the assemblage that they reached out to us and we started working with them and filed the application. So again, I reiterate, we would be... willing to accept the condition in which we remove the trucks the you know before we move forward oh you know that's happening you know that's no i understand that i mean the gentleman's suggestion i'm just saying to pause and conduct an investigation even if it results in a code enforcement violation and does all of this actually delays the relief i'm going to be just very candid because i know full well how long it takes for a code enforcement provision uh uh uh You know, proceeding to move forward and the like. So actually, the remedy that they seek, which is not to have trucks parked there, can be addressed much more quickly by allowing our project to move forward. And there's nothing dishonorable. I mean, if we're going to use that word, it's certainly nothing dishonorable about the city taking into account what is there and saying this is not appropriate. It's appropriate to do something different in rezoning. And I do have to make a comment again, Mr. Duran. is thrown a lot of terms around. Ask your city attorney if you believe this is spot zoning. And that's one of those terms that when you don't spend your life in this, as I've chosen my career, gets thrown around. This is not spot zoning. Do not be discouraged by someone saying that. Your staff is recommending that it is consistent with your master plan. It is not being selected in the middle of an area that doesn't have similar zoning, obviously adjacent And with proper buffering and the like, we can actually be there. So legally speaking, if Mr. Duran is going to use terms like that, I must state on the record very unequivocally, this is not spot zoning. Don't take my word for it. Ask your city attorney, who I am confident would not have allowed a matter to move forward this evening if he felt it was spot zoning and your city zoning director who would not have recommended approval for a spot zoning application. Again, that's the evidence. If we're going to talk about hearsay and throwing words around, Can't walk in here and just start saying things that aren't true. So just urge you again. We're going to work with the neighbors. We're going to actually give them the remedy faster than it is. But let's not kind of throw out terms that kind of scare people into believing that what we're doing is untoward in any fashion. We're following your staff's recommendation. We're following your master plan. We're following your zoning code to address issues that obviously have been around for some time. And that I would note, I mean, I'm if it's been going on for that long, I mean, and there's been no code enforcement proceedings, I mean, I know the city of Hialeah. I mean, if that had been reported at any point, like I don't, I mean, I'm a little lost for why, if this has been going on for some time, even before my client owned it, why the neighbor next door wouldn't have Well, that's our start-out scope. Right. No, I understand that. But we're willing to clean it up now. I mean, I'm at a loss for that, but I'm willing to move that forward and take those trucks out of there before August 25th, which is your next meeting, which I'm telling you will be considerably faster than if we pause this for an investigation and delay the time and then move forward. Did you want to speak?

Yeah.

You already did.

Can I?

Nope. Name? Did you swear in?

Yeah, I swear.

Okay. Name and address.

462 Southeast 6th Street, Ronald Pruner.

Okay.

I've been, we're the owner of the house in 1986. I want to know if all the houses in the backside of the alley are going to be commercial too? Or they just residential?

The back of the alley, so they're facing, the ones that they're facing Southeast 6th?

Yes, like right in back of the tire place.

Look up and see the yellow.

Back of the triangle.

Okay, no, they're maintaining to be residential. They're residential. Those properties are not changing.

They're not going to change to commercial?

No.

Okay, what we're worrying about is that it's going to lower the prices, the values of our houses. They build, you know, half by half. Because those top buildings, people are going to look down. We're not going to have privacy in our backyards no more.

May I address the setback? Okay. So currently right now, there are basically three warehouses. The three warehouses that are currently there are the buildings that are there. They're basically abooting the property line, okay? So you don't have any setback separation currently for those warehouses, even though they're one story, but they're right abooting into the property line. The proposal that they have here tonight, they have...

Thank you.

They have approximately 70 feet separation from the property line to Okeechobee. So the building is going to be completely pushed towards Okeechobee. This is not a residential building. There are not windows. There are no balconies. There is not going to be somebody living in those units or potentially, you know, units that they're going to be looking at somebody's backyard. This is a storage building. And it's completely pushed towards Okeechobee to exactly to provide that privacy towards those residential houses. And you don't have anyone living in a storage building. So you don't have that issue of privacy because nobody's going to be looking at your backyard.

So in that corner building, the yellow building you're talking about to the left? That's where they're going to build a building of living, right? Apartment buildings?

No, sir. This is not an apartment building. This is a storage building. They have mixed-use commercial. They have a restaurant, an office in the ground level, and they have a storage from the second level to the sixth level.

Okay.

No apartments, just, you know, like mini warehouse type of thing. No, no. OK, one more.

For the record, Estella Oliva, 11 in Overlook. I just want to thank you again for listening to us, because as you saw, my mom's house is very, very close to all of this action. I really don't know how she is going to have more quiet, even with a buffer, when a facility, as Mr. Morales said, is gonna be open 24 hours a day. I mean, her bedroom window is that area, is that little triangle that you mentioned, that we see there, 652. That's going to be parking. How is she going to be able to sleep and, you know, manage? We find that very difficult that right now it's difficult. And it's just as Ms. Hashba mentioned, three businesses that are there and trucks coming in every now and then. But with this facility open 24 hours a day, you know, how is the neighbor right next door going to be able to function? I really want you to consider that because it's not trivial.

Thank you. If I may answer that, and I'm just going to go on my own. Okay. Top of my head here. Going by what has been brought forth. Okay. 24 hours. That sounds very aggressive. Okay. We will, we have drafted limitations, conditions of operation hours. Okay. Remember, That little triangle there, that's going to be the parking. There's going to be walls. There's going to be landscaping. There's going to be buffering to keep out the noise as much as possible. Keep out the noise. Keep out the visibility from her. So she's going to have a wall. She's going to have trees, shrubs, whatnot. And the activity going on down there after hours, would be only for, and that will be part of the restrictions will be only for the storage facility. So that may be like one or two people coming in.

We don't know that. What is that based on? Okay.

All right.

I mean, well,

Believe me, he's very busy. His fingers are going nuts behind the computer here.

So he's going to tighten up the rope. Go ahead. So I have a question for you the same way I had for him because I want to be even with all parties. Let's assume in a perfect world that they conduct this exactly how they're supposed to go ahead and do it, how we believe that they would be able to do it. Would that solution be better than the reality you live right now?

I'm not sure.

So that's a difficult respectfully, I'm not sure because I haven't conducted a study. And I don't have all the information.

Okay. Fair. Because, you know, whether there's a change or it's maintained the same, right? If it's not ideal on either end, I'm always an advocate of, I guess, going the path of least resistance, whatever that may be. But it's just embracing either reality. That's the way that I see it.

Yeah. But take a look at those pictures again. I appreciate your time.

Also, the company that's currently there is 24 hours also.

Wow. Yeah. So two points I was going to make. Thank you, Mr. Yuch. I mean, your code allows businesses to operate their 24 hours today. But I have good news. So we've been looking into it and I can accept that the CubeSmart have hours that it's closed and no access. So we can accept the condition. I think you suggested midnight to 6 a.m. so that no one could access between midnight and 6 a.m. You won't. And we can agree to the same conditions for our ground floor retail. I mean, we're not going to be operating 24-hour retail on the ground floor. So in essence, the property will be quiet, which it isn't today and is allowed to operate 24 hours. We are, again, in the spirit of coming in and reaching a compromise. So this issue has come up regarding the noise. And this has been answered part of my, part of my answer, which was our building is shifting forward. There's a greater distance between the properties, but if we can address those sleeping hours, let's call them, um, from a facility that today is not, you know, obviously you can, can operate 24 hours to agreeing to having, um, a restriction, nothing between midnight and 6 AM, I think gives everyone, you know, sort of, uh, additional comfort. So you had asked that question at some point during our two hours here, and I'm able, thankfully, after we did some research to say that, yes, we could accept that condition as part of an approval this evening.

Thank you. One last question. Uh, Just out of curiosity, those existing buildings, are they going to be level?

Where this is going to go up? Yeah. No, no. This is totally new. Everything is going to be level. This will be leveled and built up.

Including a billboard.

Yeah.

Including a billboard.

Oh, okay. So, yeah. No, of course. Yeah, this is a brand new development. We're not. There's no way.

All new, all fancy and shiny and... It's going to, that's why I'm a little leery when they say the property values are going to go down. You're going to have a brand new building right now.

Well, I think the gentleman that mentioned that was concerned about a residential building, which this is not, apartments, this is not, there's nobody living here. And now there's no one that can peer out anyway between midnight and 6 AM either. So it's only during normal business hours. So it obviously, I think, gives some relief and comfort. I hope it'll be taken in good faith that this property owner wants to do the right thing. And again, our commitment to remove the trucks much sooner than any proceeding that the city can undertake before we go to city council for first reading. And we'll show that evidence so that when that condition goes forward, I give you my word, our presentation will show that those trucks have been removed.

Build them the before and after.

Yeah, we'll utilize the pictures.

Thank you. Any more comments or questions? Yes.

One more thing, just so you guys can kind of... Yeah, we need to move along. With a six-foot building, it's going to block most of the ogichobi noise anyways. Yeah. Think about it.

Six-story, but yes. I mean, yeah, you do lose sound. Yeah, I mean, it provides some sound barriers.

That's a busy road as it is. I mean, at whatever time everybody's getting from Lejeune, you know, so that's going to block a lot of noise.

Especially in the morning, those big old trucks, you know, coming up and down that road.

I'd be more worried about that than actually traffic there. Cause what are you going to have U-Hauls? You're got, I mean, it's not going to be, I mean, I mean, again, there's no 18 wheelers.

It's not a warehouse, you know, it's not a distribution center. It's not Amazon. So you're having personal trucks and cars or maybe a small U-Haul, but no one, you know, you're not, that's not the storage facility. It is.

Okay. Thank you. We're going to go ahead and close, close this blah, blah, blah. And I'm going to turn it over to the legal department and planning and let them come forward and offer the restrictions and conditions and whatnot. And we'll move forward. We'll dump them on you.

Mr. Attorney, are you thinking of conditioning four or five or just adding the same conditions to both of the remaining votes?

I, so there are three conditions on the alley closure. I would suggest we leave those as, as, as part of the alley closure. Okay. Yeah. The other, the other one, which is a rezoning in the variances, we would be conditioning the variances and then we would, we would want a declaration of restrictions that. Correct.

I'm saying like the hours of operation and all of that will apply to the variances in the, in the variance.

Yeah. Correct. Okay. Yeah. So there are five conditions in the staff report. Those would remain. And then to those, we would add, based on the discussion that we've heard, the applicant shall immediately terminate the illegal use of any illegal use on 652 Southeast Fifth Avenue, including but not limited to storage, parking of trucks and heavy machinery. and shall maintain the property in compliance. Building permission not be issued if the property is not in compliance with code. The next condition would be to address proposed exterior painting of existing buildings until such time as they demolish them. Maintain buildings painted and free from chipping, pitting, cracking, discoloration, peeling, or facing as required by Section 98-1673. There would be another condition that says... An ongoing operational condition, no commercial truck or equipment parking on the portion of the property located at 652 Southeast Fifth Avenue. That's going forward. That's after the building is built. The operating hours of another condition, operating hours of all uses, including self-service storage, tenant spaces and restaurant, shall be limited to 6 a.m. to 12 a.m. And then there was... I believe those were all the ones that we heard.

There was only one more condition that I read into the record that you don't have. I'm sorry, Mr. Attorney, that you don't have the latest staff report is regarding the billboard signed to be removed.

Billboard U shall be abandoned on the property prior to construction.

Yes.

We accept all the conditions.

Okay. All right. Since you accept all the conditions brought forth, I open the floor for a motion. Now remember, this is for both items, for and by, yes.

Can we take individual votes for each, please?

We can take individual votes, yeah. Please. And now the conditions apply to both items.

The conditions for the alley closure are the staff conditions only. The conditions, all the ones that I just read would go with the variance, with the rezoning and the variance, but specifically with the variance.

Okay, so let's see here. Rezoning and variance and alley closure. Okay, so let's go with number four first, alley closure. We have, he read the conditions, so.

Motion to approve. Second that motion.

With the conditions.

Okay. With the conditions. We had a motion from Mr. Hughes, second from Mr. Iglesias. Mr. Morales? Yes. Mr. Perez?

Yes. Yes.

Mr. Castellanos? Yes. Mr. Iglesias? Yes. Mrs. Enriquez?

Yes.

Mr. Hughes?

Yes.

Item has been approved with conditions. For item number five, we would need a motion and a second.

Item number five is for the rezoning and variances and read the conditions that apply to that. Need a motion and a second.

Motion to approve? Second. Second. What conditions? With conditions.

So we had a motion by Mr. Iglesias, second by Mr. Yuch and Mr. Morales.

You agree, Mr.? Yes, we agree with all the conditions. We do. Okay.

Mr. Perez?

Yes.

Mr. Castellanos? Yes. Mr. Iglesias?

Yes.

Mrs. Enriquez?

No.

Mr. Yuch?

Yes.

Mr. Morales?

Yes.

Item has been approved with conditions.

Okay. Thank you all. I will charge you with the responsibility of keeping an eye on what's going on. You heard it with your own ears. Conditions were brought forth. They were agreed upon that by, was it two weeks before the first consummating? Within two weeks, those trucks will be gone. It will be a completely different set of scenarios over there. If that has not happened, we expect to see you there, you know, with all your might.

Mr. Chairman, you know, I mean, obviously you know me, so we will pass along our contact information and I'd like for them to meet the property owner. I know. Believe me.

I understand you're 100% confident, but I have to say it because I do have to offer... My constituents. Of course.

Some kind of... Our neighbors.

Our neighbors, yeah. Thank you. Okay. So please do come back and please do speak up. Okay. Thank you.

Item number six, variance permit to allow business and professional services on the ground floor where businesses and professional services are not allowed on the ground floor. The property is located at 1033 East 25th Street, Hialeah-Sund TOD, Transit Oriented Development District. Applicant Maritza Jaro Salgado, Esquire on behalf of 1025 Hialeah Development LLC.

I'm sorry, what did you say? Never mind, you're ready. Name an address, please.

Good evening. Maritza Haro Salgado with Office of the 200 South Biscayne Boulevard here on behalf of the applicant.

Thank you. It's been a long night so far.

The subject property is located at the northeast corner of the intersection of East 25th Street and East 10th Avenue. The subject property consists of approximately 41,751. One second.

Can you please take it outside? Hello? Can you take it outside, please?

Thank you.

Thank you.

I'm sorry, go ahead. 41,751 square feet and is currently improved with a mixed-use multifamily building containing 151 residential units, a parking garage, and a ground floor commercial space. The development is currently occupied under a temporary certificate of occupancy, TCO, issued on July 2nd, 2026, pursuant to building permit number multi-8867-2025. The property current future land use designation is Transit Oriented Development, TOD, as approved by Ordinance Number 2018-081, and the property was subsequently re-sown to the TOD zoning district through Ordinance Number 2018-136, which is consistent therewith. The City of Hialeah adopted the Transit Oriented Development Plan, also known as TOD, through Ordinance Number 2016-64 on October 25, 2016, which included the subject property. The vision and goals of this regulatory framework are to promote compact, pedestrian-friendly, mixed-use development supported by high-quality urban design and architectural standards. The TOD plan encourages a mix of... residential, commercial services, and retail uses within the proximity to regional transit facilities. In this case, the subject property is located approximately 500 feet from both the Tri-Rail Transfer Station and the Miami-Dade County Metro Rail Transfer Station to achieve an active and pedestrian-oriented streetscape. The TOD regulations require that ground floor uses promote a street level activity. According to section 98-1543 of the city zoning code does not permit business and professional service users including offices on the ground floor of mixed use buildings within the TOD district. This restriction limits the types of activities that may be occupy ground floor commercial spaces within mixed use development. The applicant is requesting a use variance to allow business and professional service uses such as office space on the ground floor of the subject property. Currently, the north side of East 25th Street includes two occupied mixed-use development with an additional mixed-use project under construction. Since the adoption of the TOD plan, the corridor has undergone significant physical improvements, including wider sidewalks, enhanced storefront facade, landscaping, and other pedestrian-oriented streetscape features. Although permitting, office uses on the ground floor could reduce pedestrian activity during certain hours of the day compared to traditional retail uses. This request involves the first ground floor commercial occupancy within the corridor the proposed office use will still maintain the physical design elements intended to support an active streetscape including a storefront architecture and pedestrian oriented design elements during the review process of the building permit to improve the interior layout of the ground level commercial space according to building permit bldc 2846-2026 THE APPLICANT WAS DENIED BASED ON THE PROPOSED BUSINESS AND PROFESSIONAL USE SPACE. AT THIS TIME, THE APPLICANT ALSO BROUGHT UP TO THE STAFF ATTENTION THAT THE GROUND FLOOR SPACE WAS IDENTIFIED AS RETAIL'S LARGE OFFICE DURING THE BUILDING PERMIT REVIEW IN 2022, CREATING THE IMPRESSION THAT OFFICE USE WILL BE PERMITTED. HOWEVER, THE SONY REGULATIONS CLEARLY PROHIBIT BUSINESSES AND PROFESSIONAL SERVICE USES IN THE GROUND FLOOR WITHIN THE TOD DISTRICT. Notwithstanding this misunderstanding, the applicant has agreed that the commercial space directly fronting East 25th Street will be occupied by retail or customer-oriented services, such as a barber, nail technician, or similar establishment, to promote the street-level activation and maintain the pedestrian-oriented character envisioned by the TOD plan. And this request will allow office uses further into the first floor area. Staff has evaluated the use various requests and recommends that the applicant profess a declaration of restrictions to include the following. One, the ground level shall be developing substantial conformity with the plans prepared by Guimaraes-Martin and signed by, sealed by Nidia Cardona RA, dated April 13, 2026, as received and reviewed by planning and zoning staff. and that the space facing the storefront towers East 25th Street are active retail or service-based occupations, and that the business and professional offices spaces are permitted on the ground level under the management of a single entity such as Regus or any similar business model. The ground level is not to be permitted to function as independent office spaces unless a separate proposal is submitted to the Planning and Signing Division. Recommendation is staff approval with conditions.

Okay. Floor's yours.

Thank you. Good evening again. Maritza Haro Salgado with Office at 200 South Biscayne Boulevard here on behalf of 1025 Hialeah Development LLC, the owner of the property located at 1033 East 25th Street. I'm joined this evening by Frank Espinosa and Fernandos Villegas from Ownership. And we respectfully request your favorable recommendation. this application to allow office uses on the ground floor of an existing mixed-use building located just steps away from the tri-rail in the Hialeah Transfer Station TOD. Your professional staff has given a thorough review of the application. We do have a thorough presentation that we're willing to make at the board's discretion. I know the last item took two hours. So at the board's will, would you like, I'm happy to make the presentation or we have no issues with staff condition. We have a favorable staff recommendation. We can either answer questions or go through our full presentation.

Well, all in all, it was three items.

That's true.

So it did take a while, but it was three items. Yeah, if you can make it quick, yeah.

Absolutely. Thank you. So on the first slide, you'll see the property is located along East 25th Street, just west of the Tri-Rail Station. The property is approximately 0.96 acres in size, and as I mentioned, developed with an eight-story mixed-use building. On the next slide, you'll see that the property already has TOD, land use designation, and zoning. And the property is the product of the city's successful efforts to revitalize aging and unused industrial spaces through the implementation of the transit-oriented development district regulations adopted in 2016. Now, 10 years later, we're seeing many of the buildings being developed and the area becoming a true mixed-use neighborhood. On the next slide, you'll see our specific request before you this evening is a variance of Section 98-1543B2 to allow office uses in the ground floor of the property. On the next slide, you'll see... this is the 2018 approval which uh rezone the property from c2 to tod on the next slide you'll see a copy of the 2022 building permit where the city approved the mixed-use building including ground floor as proposed retail office space as claudia mentioned based on these labels and notes provided on the building permits that the applicant understood that retail or office would be permitted on the ground floor. And the intent was to come back and modify the building permit once a suitable tenant was found. As mentioned by staff, the building has been constructed and a TCO secured. And the results on the next slide you'll see. is a modern mixed-use building that advances the city's vision for the TOD, providing first-class residences and amenities with a pedestrian-oriented ground floor activation. On the next slide, you'll see that in reliance on the approved BUILDING PERMIT PLANS THE APPLICANT LISTED IN MARKET THE PROPERTY GROUND FLOOR AS AVAILABLE GROUND FLOOR RETAIL OR OFFICE SPACE AFTER MANY MONTHS THE PROPERTY WAS LISTED WITH COLIERS AND IN EARLY 2026 THEY REALLY THEY HAD NOT RECEIVED ANY INTEREST FROM COMMERCIAL TENANTS BUT THEY DID GET UM INTEREST FROM REGIS EXECUTIVE OFFICES, AND THE APPLICANT PROMPTLY BEGAN WORKING ON A PLAN REVISION SUBMITTAL TO ACCOMMODATE THIS PROMISING AND TRANSFORMATIVE TENANT. I'LL TELL YOU A LITTLE BIT ABOUT REGIS ON THE NEXT SLIDE. YOU'LL SEE THAT REGIS IS A MULTINATIONAL CORPORATION THAT HAS BEEN AROUND FOR OVER 27 YEARS WITH OVER 6,000 LOCATIONS WORLDWIDE, PROVIDING SERVICE TO OFFICES, CO-WORKING SPACES, VIRTUAL OFFICES, AND MEETING ROOMS ON FLEXIBLE TERMS. Regis provides individuals, freelancers, small businesses, and large enterprises the opportunity to work anywhere in the world without the burden of long-term commercial leases. On the next slide, you'll see that Regis' mission, complement Hialeah's historically entrepreneurial character, by facilitating the ability to create and operate a small business in the city. Today's entrepreneurs are seeking office spaces that are modern, convenient, affordable, and accessible without that large overhead. And so with existing locations in Brickell, Coral Gables, and Doral, it's very exciting that Regis chose Hialeah as their next South Florida location. On the next slide, you'll see Some of the amenities that, you know, Regis will give Hialeah small business owners an opportunity to enjoy a move-in ready office space with no fixed lease burden and a professional address. On the next slide. You'll note that Regis' presence on the ground floor of this building encourages pedestrianism in the area, protects the privacy of the building's residents, and supports the economic growth of the surrounding businesses. What's really important here to note is that by providing that necessary foot traffic during business hours, Regis patrons will seek places for coffee, for lunch, and other commercial amenities in the nearby area. We know a lot of the other buildings have CURRENTLY VACANT COMMERCIAL SPACES, INCLUDING OUR CLIENT OWNS THE PROPERTY JUST IMMEDIATELY TO THE EAST, 1067 EAST, AND THAT WILL HAVE GROUND FLOOR COMMERCIAL USES. SO THIS WILL SUPPORT AND ENCOURAGE THOSE OTHER COMMERCIAL TENANTS TO LEASE SPACE WITHIN THE TOD AS THE NEIGHBORHOOD CONTINUES TO GROW INTO THE FULL VISION OF A TRUE LIVE, WORK AND PLAY NEIGHBORHOOD. On the next slide, essentially we're before you today because as Claudia mentioned, once the building permit application was submitted for Regis' interior build out, the applicant was advised that office uses were not allowed on the ground floor, and as a result, we are before you seeking a variance to allow the use. This application is in harmony with the general purpose and intent of the code. The TOD regulations intend to promote This exact type of use pedestrian friendly mixed use development with the goal of enhancing livability and mobility. Granting the requested variance will provide substantial justice and will not be contrary to the public interest. The purpose of the request is to grant accessibility to a world class workspaces within the city. The increased pedestrian traffic in the area. will help further all the goals of the TOD and will also lead to a positive economic impact in the surrounding area that will benefit from that foot traffic. On the next slide, you'll note, as staff indicated, the applicant has agreed to limit the uses along the East 25th facade to customer-oriented service uses such as nail techs, barbers, and other similar types of uses to activate that ground floor. We're also part of the frontage on East 25th is like the coffee snack area for the Regis offices. And just to conclude, we've earned a favorable staff recommendation and approval of this application will encourage pedestrian mobility and support economic vitality in the city's TOD. And with that, we respectfully request your favorable recommendation and reserve time for rebuttal. Thank you.

That was a mouthful.

I tried to be quick.

So if I understand you correctly, the original plans for that building bottom floor was for multiple types of businesses like restaurants, cafeterias, barbershops, beauty shops, what have you. And they haven't been able to fulfill those contracts or attract those types of businesses yet.

The existing zoning regulations does not allow for offices on the ground floor. And during the building permit process in 2022, it was labeled that space, the ground level, as office sludge retail or vice versa, retail sludge office.

Sludge office, right.

So it was a misunderstanding between the review and the approval. So right now, when they came for the built-out, the interior built-out, then is when it was clearly denied because they were proposing 100% office space on the ground level. So that's why they're here. So we have, you know, worked together, negotiated, leave the frontage, the store frontage with active uses. And then behind that liner that it shows over here. So this is 25th Street, what you see on the bottom, that will be the storefront of 25th with active uses. And then in the back, they can develop and design it and occupy by office space, by office uses.

So is... And correct me, pardon my, you know, my thickness. Is Regis like putting it... A layman. Like a rent an office type of business where you rent a space and you conduct business for a short period of time. And it also gives you a professional address, that type of thing. That's what you're after?

Exactly. So members would have, you'd have a membership, and it can be used worldwide at any of their locations, depending on the level of membership that you have. And so you can rent the the like a space for a certain amount of time during the day. So think you're traveling to Miami, maybe you're meeting some clients here, and then you look up, hey, I'm a Regis member, because I regularly travel, you look, you look up the locations, maybe you're nearby, maybe, you know, you're Because of the proximity of the tri-rail, it's so convenient, right? Like from the airport, you can easily get to the area. So you would rent a space here. You can rent a conference room. You can rent larger spaces. So they have a variety of memberships.

Is it like a timeshare type of thing for the office, the business world?

I guess, kind of. The idea is that you get a professional office space, executive, you know, highly amenitized. There's a front desk receptionist. There's amenities, like I mentioned, a coffee snack shop. You have conference rooms. without having the overhead of having that level of service. That's why every month.

That's why I asked you, because I've heard of this type of endeavors happening where and I, you know, I call it a time shot, an office usage timeshare thing where you can say, OK, I get to use this office next week because i have some important clients coming down and and yet you don't have to have the overhead of building or buying or renting this giant every month every month right okay i thank you i you clarified my uh my pleasure right comments and questions anyone in the audience

Just a brief question. Can I get a copy of the record of prior items? They're asking me.

Can you get what?

A copy of the record of the prior items.

Yeah, you would have to say clerk's office and whatever was in the record you're entitled to. That's a public record.

Is there a transcript?

There is no transcript. Yeah, you can have the video.

Video?

Yeah.

And I can request it downstairs?

Yes. Or you can go to YouTube and, I mean, this is being live on YouTube, but it's there in perpetuity.

Whatever record that remains for this, I can get it at the Flourish Balls. Down here?

Yeah, right at the end here. All right, thank you. That will be a written or video. Audio? OK. But remember, it's also on YouTube. Okay. All right. Anyone else? That was an unrelated comment, but it was a pleasure of the board. Motion to approve the conditions.

We had a motion by Mr. Morales, second by Mr. Iglesias. Mr. Castellanos?

Yes.

Mr. Iglesias?

Yes.

Mrs. Enriquez? Yes. Mr. Morales? Yes. Mr. Yuge?

Yes.

Mr. Perez?

Yes.

Item has been approved with condition. Thank you. Have a good evening. Thank you. Item number seven, variance permit to allow a front setback of zero feet where 10 feet is required. To allow a street size setback of 6.75 feet where 10 feet is required. To allow 53.35% lot coverage or 45% is the maximum lot coverage allowed. To allow parking within the required front setback where parking in the front setback is not allowed. To allow the parking stalls and parking lanes to cover 57% of the total lot size where parking stalls and parking lanes shall cover no more than 55% of the total lot size. And to allow a two-way driveway width of 17.66 feet where 20 feet is the minimum required. The property is located at 215 East 8th Street, Hialeah Zones, R3D, Multiple Family District within the Hialeah Downtown Urban Center area. Applicant Alter Gambarte on behalf of Eliezer Villamontes.

Name and address, please.

Tony Fernandez. I'm the architect. 780 Northwest 42nd Avenue, Suite 619. It's Miami 33126.

You are the architect, but you're also the registered applicant. Pardon me? You're the registered.

No. Alter Gambarte on behalf of the owner.

You're the owner or you're on behalf of the owner? Okay. All right. Thank you.

The subject property is located at the northeast corner of the intersection of East 2nd Avenue and East 8th Street. The property consists of approximately 6,750 square feet and is currently developed with a single family residence constructed in 1946, according to Miami-Dade County property appraisal records. However, based on a visual inspections of the exterior, the property appears to be operating as more than a single family residence. According to Miami-Dade County Platte Book 5, page 77, the property was planted in 1921 as a lot measuring 45 feet in width by 150 feet in depth. resulting in a narrow and an elongating configuration. The subject property has a central business district, future land use designation, and is zoned R3D, residential multifamily downtown, which are consistent with one another. Additionally, the property is located within the Hialeah Downtown Urban Center, HDUC overlay district, which establishes objectives and implementation standards intended to enhance the character and development of the downtown area. The applicant proposes to construct a two-story multifamily development consisting of three residential units and six cover parking spaces. All units are accessed from the street through cover entry porches. One unit is designed as in a townhouse configuration with a living room, and kitchen located on the ground floor and the bedrooms and bathrooms on the second floor. The remaining two units are located entire on the second floor. Unit 1 located on the corner of East 2nd Avenue and East 8th Street contains approximately 1,092 square feet and includes three bedrooms and two bathrooms. Unit 2, designed in a town hall configuration, contains approximately 940 square feet, includes 3 bedrooms and 2 bathrooms, and is the only one with a private terrace. Unit 3, located on the eastern portion of the property, contains approximately 1,092 square feet, and it also includes 3 bedrooms and 2 bathrooms. The arrangement of the unit reflects the narrow and elongated shape of the subject property. Vehicular access is provided exclusively from East 2nd Avenue through a two-way driveway serving the six covered parking spaces located on the ground level. The applicant requests a variance to reduce the required driveway width by 2 feet and 4 inches, providing a driveway width of 17 feet and 8 inches, where 20 feet is required. Due to the property's narrow configuration, this reduction represents the maximum feasible adjustment without adversely affecting access for emergency and service vehicles. The requested driveway variance also affects the required street-size setback. In order to maintain a clear driveway width of 17 feet and 8 inches, the building must be shifted toward East 8th Street, resulting in a zero-foot street-size setback where 10 feet is required. This reduction applies only to three building projections consisting of cover entry porches totaling approximately 42 linear feet. The remaining of the building maintains a 5-foot street-sized setback, allowing sufficient space for landscaping and other pervious areas. The project also requested additional variances, including a reduction of the required front setback from 10 feet to 6 feet and 9 inches, and a reduction of the required rear setback from 10 feet to 5 feet. Additional variances related to parking coverage and overall lot coverage are also requested. While the project provides all six required parking spaces, the parking area occupies 57.45% of the site, exceeding the maximum permitted parking coverage of 55% by 2.45%. Similarly, the project proposes a total lot coverage of 53.35%, exceeding the maximum permitted lot of 45% by 8.35%. The R3D zoning district also requires parking spaces to be set back from the street. The intent of this standard is to minimize the visual impact of a parking area, promoting attractive building facades and enhance the pedestrian environment within the downtown area. Although the proposed parking area is not enclosed, it is adequately screened from public view. However, due to the constraints imposed by the lot dimensions, the parking area cannot be fully compliant with the required parking setback. In summary, the proposed development consists of a low-rise multifamily project that complies with the applicable residential density, required parking, and minimum green area requirements. The architectural design is compatible with the character of the downtown area, minimize additional curb cuts, and promotes a pedestrian-oriented streetscape. The requested variances have been carefully evaluated to ensure that they minimize impacts on surrounding properties while addressing site constraints and maintaining adequate access and safety. Staff finds that the requested modifications are limited in scope and unnecessary to allow for a reasonable development of this uniquely configured property. Staff is aware of the multitude of variances, therefore it provides for the following conditions to maintain the intent of the project. That the site shall be developed in substantial conformity with the plans prepared by Tony Fernandez RA, signed and sealed on June 26, 2026. as reviewed by staff and that the project shall submit two sets of architectural, civil, and landscaping plan to the planning and zoning department to initiate the site plan and concurrency review within 12 months from the date of approval of this application. If not site plan and concurrency application is received within the time provided, the city reserves the right to revoke and null any variances approval. The staff recommends approval with conditions.

Do you understand all of that? Yes, I do. I'm glad you did. Any comments or questions?

No, just a comment. Essentially, the lot is not buildable unless we get all these variances. It's 45 by 150 feet. And all the rules make it not buildable unless you do a single family residence.

Okay, so what do you plan to do?

I want you to approve the project.

Comments or questions?

Do you agree with the terms, with the conditions?

Absolutely. All right. Anyone in the audience have a comment or question? Okay.

We have a... Motion to approve with conditions. Second with conditions. There you go.

We had a motion by Mr. Iglesias, second by Mr. Morales. Mr. Castellanos?

Yes.

Mr. Perez?

Yes.

Mr. Yuch?

Yes.

Mr. Morales? Yes. Mrs. Enriquez? Yes. Mr. Iglesias?

Yes.

Item has been approved with conditions.

Thank you.

The lot is 45 by 150. That's a narrow lot. Talk about a substandard lot. It's nice and long. Okay.

Thank you very much. All right.

Good night. See, good things come to those who wait.

Item number eight. Resolution of the mayor and the city council of the city of Hialeah, Florida, expressing its intent to approve and adopt the city of Hialeah 20-year water supply facility work plan updated 2025-2045, and related text amendments to the potable water element, conservation element, intergovernmental coordination element, I don't even know what I'm reading anymore, and capital improvement element of the Hialeah, Florida Comprehensive Plan 2025-2050, and providing for an effective date.

Through the chair. I have to read the report now. This is the water supply plan that we're required by state statute to submit after the South Florida Water Management adopts their water supply plan, which they did 18 months ago. So the county is working in their water supply plan and the city has to update it and go based on the state statute requirements. Right now, we will transmit it to the state, and then it will be presented to council for adoption. And we have been working with this water supply plant in coordination with our water department.

So does that mean our water bill's going up?

No, sir. That has nothing to do with it.

Because every time they do one of them studies, no question, no comments, right? Right.

This is actually to ensure that you have water. Okay.

All right. Comments or questions? All right. It was a pleasure to board. Motion to approve. Second that motion.

We had a motion by Mrs. Enriquez, second by Mr. Iglesias.

Mr. Perez? Yes.

Mr. Morales?

Yes.

Mr. Hughes?

Yes.

Mrs. Enriquez? Yes. Mr. Castellano?

Yes.

Mr. Iglesias?

Yes.

Item has been approved. Miscellaneous item now requiring advertising. Item number nine, old business. Okay, we have no old business. Item number nine, new business. Number 10, new business.

Through the chair. Yes. I just wanted to recognize Mr. Sebastian Sala. He's our new employee in the department. He's our planner one. So I just want to make you aware. So welcome.

Okay. I was going to ask who, you know, He sat there so quiet, you know, being a good boy, you know. You think so? No, he's not the new board member, is he?

A new employee. He said, our new employee.

It's been a, listen, it's been a long one. Okay, so welcome aboard, by the way. Don't be a stranger. Anything else? All right, meeting's adjourned. Kill it.