Planning & Zoning - Regular Meeting

Okay, Mr. Chairman, 6:00 and you have a quorum. Good evening ladies and gentlemen. Welcome to the city planning zoning board meeting for Wednesday, November 18th,

19th. 19th, 2025. Everyone, please rise for the invocation, the pledge of allegiance. Lord, we thank you for this opportunity granted us here tonight. We ask that you please watch over us, enlighten us, and guide guide us tonight as we make these uh decisions for the city and the applicants. Amen. the applicants. And 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 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. Individual individuals should be respectful of the planning and zoning board members and make effort to speak moderate tone using appropriate language and avoiding personal attacks. The public can view the planning and zoning board meetings 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 I'm sorry. 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. Mason is absent. Mr. Ellesia here. Mr. Roya here. Mr. Morales here. Mrs. Enriquez is absent. We have a quum. Summary minutes. Administration of oath to all 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 and uh let's get you sworn in. Do you swear or affirm to tell the truth before his board?

Okay. Thank you. Let the record show the answer was on the affirmative. Do we have anyone in Zoom? No. Okay. Thank you. summary minutes or a copy of the audio files 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 request will be heard by the city council at scheduled meeting of Tuesday, December 9th, 2025. LU1 smallcale map amendment from low density residential to transit oriented development district. Properties are located at 102 East 19th Street and 1012 East 19th Street. Highly ass one family district applicant Caesar Mastery Squire on behalf of 102 East 19th Street LLC. So this item needs to be postponed until Dece 10th 2025th meeting.

That is correct. 2021 25th 20th December 9th 2025th. Oh next Yes. 25. Okay. Well, we're still in 202. I I I know. I'm I'm on 26 already. I do. We really don't want it to go on 26 if that's possible. Okay. So, the item will be postponed until December 10th, 2025th. So, no action.

No action. Okay. LU2 smallcale map amendment from major institution in transportation and utilities to commercial properties identified by folio number 04-2035-001-0550 and a portion of approximately 160.13 ft by 29507 ft 1.8 8 acres of property located at 1550 West 60th Street. Hay owned R21 and2 family residential district and R11 family district. Applicant Manny Rails architect on behalf of Westland Baptist Church, Inc. Good evening.

Manny Rails architect with offices at 18501 Pines Boulevard, sweet 342, Penrook Pines, Florida.

Thank you, sir. This application pertains to the eastern side of the property located at 1550 West 60th Street and to the property identified with volume number 04-2035-00001-0550. The property shown the property known as 1550 West 60 Street has an ongoing application to subdivide the property into two parcels so the church can continue to operate on the western side of the property with its current land use designation. Therefore, only the eastern side is requesting the land use amendment from mayor institutions to commercial. The eastern sign once fully subdivided will be approximately 47,219 square ft or 1.08 acres and the southern parcel is approximately 47,916 square ft or 1.1 acres of land. In some the parcels requesting the land use amendments are approximately 2.18 acres of land. The properties on these applications are surrounded by lowdensity and single family homes to the north, south, east, and west. In addition, commercial and major institutions are to the east and west of the properties. The character of the area is mainly single family homes with West 16th Avenue as a major commercial corridor. AMAN K through8 grades and Spark Parks are within the vicinity as well. Currently, the vacant land is directly surrounded by 11 single family homes and the church. Both parcels are currently under the ownership of Inglesia Bautista, the Westland, Inc. and Westland Baptist Church, Inc. Uh, which also have their um have a rightway easement agreement with FPL. According to Miami Dade County Public Records, book 3945, page 88. Therefore, the properties are currently vacant with several electrical utility poles on site. As mentioned above, the current land use are major institutions and transportation and utilities. Therefore,

the northern portion is currently apt to potentially be a school or hospital, religious institution or other governmental approved uses and the southern portion is used for utilities. In addition, these areas known as the FPL East were intensively review under the city master plan to potentially create linear parks to increase the open space and safer pedestrian and bicyclist routes. It is important to clarify that these properties are privately owned. The applicant is requesting to amend the land use designation from mayor institution to um and transportation and utilities to commercial. The proposed lands land use amendments for the southern portion is technically more impactful than the current land use designation. However, the northern portion has a major institution land use designation which could potentially be redeveloped as a school or hospital or any other use designation. Um I'm sorry. um be redeveloped with a school, hospital, or any other governmental related use. Since the applicant is seeking to develop the site as a commercial surface parking lot for trucks and recreational vehicles, no vertical structures are being proposed except for fencing landscaping since the FPL uh rightway easement imposed several restrictions on how to use the properties. The Florida Department of Transportation FDOT annual average daily traffic a states that the 2024 in 2024 the segment of 60 60th Street between west 16 and 12th Avenue carries a capacity of 22,000 vehicles which is similar to a vehicle capacity of East 25th Street between 8th East 8th Avenue and the eastern boundaries of the city. In terms of capacity and impacts, these properties are under pump station number 04-127 with an absolute moratorum. The level of service for for parks, fires, and police will be evaluated during the site plan and concurrency process. All capacity

has to be in place prior to any redevelopment proposals. And based on the staff analysis and recommendations, a staff recommends approval condition upon the subdivisional approval. Thank you, Manny.

Yes. Good evening. As uh Claudia explained, this basically is an FPL easement that is uh owned by the church to the west side and we are we are designing an off street an on street on property parking that will basically have uh uh some commercial vehicles and entertainment vehicles and uh and small trucks. uh we we're basically generating a buffer between the properties on the east side and on the west side with plenty of landscaping which I've discussed with zoning department for their type of landscaping and we're generating uh site lighting special site lighting that will not basically generate any um introduction of lighting into the properties with baffers and and so forth and and and basically pointing down as as as stated here on the details on the plan. Uh we have two entrances, one on the north side which is an in andout and the one on the south side is basically for an emergency uh occurrence by the fire department. So the 99% of the vehicles will be coming in through the 60th street which is a more heavily u populated with vehicles u and basically we have a simple design uh heavily landscaped and uh hoping that the board reviews it and gives us a an approval.

Thank you Manny. Let the record show that Mrs. Enriquez uh has shown up. That that train was something else. I know I got stuck in it, too. Thank you, Manny. I do have a question for you. Yes, sir. Um, the church owns that easement? Yes, sir. Or they lease it? No, they own it. FPL leases it to do their high tension lines. I I was very surprised. Yeah. When I did my research cuz that's I mean, it's usually the other way around. Yes. Usually FBO owns the the rightway the the land and and

I have a feeling that those high tension lines were put in after god knows how long. I think this goes back like 60 or 70 years or more. So maybe those high tension lines were not there. So at some point uh the developers for the church made an agreement or something. I I don't I don't have that. And of course that line runs north south on that corridor. So it must have been an implemented thing that you either say yes or yes. Yeah. Yeah, because I know you know my background in in and technical and all of that and utilities and easements and stuff and uh

yeah, it's for the most part um the FBL mainly FPL owns the the the easements and then they sublet it or rent it out or whatever for in this case and there's plenty of places yes where they do convert into what you're trying to still here too. If if you go further north, north of 68th Street and and so forth and a little bit south, there's other parcels that have been developed like this. They're not they're they're not wellkept as we're going to keep this as my client is going to keep this, but they are still there in place and being used. Yeah. Okay. Interesting. So, if anybody has any questions, I'll be more than glad to answer them.

Any comments or questions on the board? All right. uh through the check. Yeah. But well cap. You're going to have a buffering all the way around. Oh yeah. We have landscaping and we have a 6ft chain link fence and heavily landscaped on on both the east side and the west side. That way would not be able to see from the street. It would well it would buffer it until the plants take growth but you know they were planted at a certain height. Okay. Okay. Anyone else? Any comments or questions from the question? Uh, yes sir. See, isn't that what

No. Well, if you live underneath it, you may want to reconsider that from all the EMI that comes out of it. But if it's just a matter of parking or um I know several that use it for like um RVs. Yes. Boats, trucks, what have you. Small trucks. Uh um storage, if you will. Yes. So, what this does is also it cleans up a lot of the areas, right?

Cleans it up. Find you go drive up and down in different locations, not just highly at different locations. You see boats parked in the front and blah blah. So, this basically is an enhancement. It will be definitely an enhancement for the immediate community. So, so this is going to be people could rent parking space for me. Let's say if I have a boat. Yes, sir. I could bring my vote in page. Yes, sir. Interesting. That's I think that's a very good idea. Now, are you going to be having events there because it's bec some sometimes have

segregated a little bit of the area to the west which is not part of this where they're they're eventually going to expand. They've contacted us to expand the the parking and there there's going to be like a sitting gazebo area outside this property. If then there'll be a gate, a pedestrian gate from here. If you want to do something or whatever, you go to the west and use that facility. So, this is going to be open 24 hours a day or is this going to be limited access like a storage? I I don't have an answer for that, but I have a feeling it could be open 24 hours a day as long as you have the codes to get in through the chair. Yes. In the zoning application, the applicant submitted a letter of intent and this is going to be restricted. Yes. So,

and another thing that we're doing here, which a lot of places don't do, is we have a stacking area along 60th Street. So, we got like 40 to 60 ft coming in. So, there'll be two or three vehicles inside the property getting in rather than being stopping traffic outside. That's a good idea. Another idea that we came up with and you know, these are things that we have to do. We've run it we run it through fire already. Rick Gonzalez, our friend, and he has no problem as long as he had they have access through the south area, which will be strictly they'll have signs only exit for fire department.

This question may be a little redundant, but just bear with me. Um, have they come up with uh um uh future usage like uh what uh um vehicles are they going to have there or just

I know that my my clients are very selective very exclusive clients that we do a lot of projects in Halia for this is our their first venture into this field and they're already doing their research. Uh it's not going to be a mom and pop operation. And it's going to be very heavily restricted as to who uses what and how it's kept. There there are maintenance crews etc etc. Fully landscaped fully irrigated fully lit etc. And the reason I'm asking this and again at the risk of being repetitive in my years of you know my previous life um I've had to work on those FPL easements many many times and when they get converted or leased out to storage parking what have you. seen them where they tend to start storing um commercial vehicles like dump trucks, rigs and whatnot and they start a repair shop

in there and you know you get grease and noise and FPL is very involved with my clients as to what is how what their radiuses are around the poles, what can be there and cannot be there because I've already seen those documents that they're they're dealing with. Yeah. Well, I'm talking to you from personal experience. I have I've had to navigate around those old trucks and whatnot to get to the to get to the polls to do my services and uh it it hasn't been easy. Go ahead, Mr. Lis. Is that going to be uh security in the area at all times? Cameras and all that. I'm sure there will be cameras be able to keep

Yes, I am sure the cameras will be there. Uh we're not allowed to do any type of structure on the site. Uh so uh and we're also by the way doing a handicap spaces. Okay. With a pedestrian flow to the 60th street which was an idea that is not really required but we threw it in as architects for the project. You had a question ma'am. Yes. Um I came in a little bit late. So just to understand this is the church that owns the land and they're going to build a parking lot that they're going to uh rent the spaces to the people. church is not the church is owns the land. Okay.

And it's got a lease with FPL to that who has their high tension power lines and the big concrete poles and uh uh they my clients have ret the church and them got together and they created a a contract or whatever and they're going to run this place for for themselves and I guess pay a lease agreement to the the church. Okay. Okay. Okay. Got it. Thank you. Okay. Thank you, Manny. Anyone else? One more question. Yes, sir. Say what about you? 18 wheelers and stuff like that. No, sir. No, sir. No 18 wheelers that are going to be like boats and small trucks. No dump trucks or anything like that because dump trucks? I don't I don't believe we're going to have any dump trucks there.

Where where I live, there's those type of parking lots. No. And it's detrimental to the traffic. First of all, the turning radiuses for the dump truck and the spaces for the dump truck, we don't have. Yeah. Okay. So because where where I live at the the ratas the big 18 wheelers come out and they come out in droves at at a time. No, there's no no that's not going to happen. And if it needs to be in writing to the zoning department, it will be in writing and and I'm not even looking back to my client. I know I know them long enough to respond for them. Whenever we get to the zoning application, we'll discuss the the restrictions that we had uh you know requested. Yeah, there should be a restriction on some type of vehicles because like those 18 wheelers

on that area will cause a lot of traffic. Keep pulling out and pulling in. That will cause traffic. That's my only concern. Thank you. Anyone in the audience have a comment or question? Um, step up here, please. Need your name and address for the record, please.

Oh, welcome. This is my first time. My name is Margarita Caravayo. I live at 5830 West 14th Lane, the property that that will be right adjacent to the uh to this debacle that's happening. And I've been a resident of Hyia for over 30 years. I'm a longtime Halyia resident and my home will be negatively impacted by this proposed zoning change. The zoning change from a residential district, a quiet residential district to a C2 liberal retail commercial district is an abomination. On June 24th, I attended the city hall meeting here to address this parking lot issue because I already had heard rumors about this and I have been inquiring to the city council since February 11th on this particular issue. There's about 15 homes that are directly impacted by this zoning change and the only one who stands to benefit from this is the Westland Baptist Church and whatever developers or clients this is uh that Manny has. Um this is a massive project installing about 81 parking spaces to replace a green space and destroying a residential neighborhood. This is what the lot looks like now. Nice and clean mode, quiet, and it's going to become this is high aliyah. We know what it's going to turn into. Their impacts to health, safety, welfare, and the aesthetics of the community need to be taken into consideration. It's going to reduce our property values. Our homes are our nest egg. It's going to be a safety issue with the coming and going of vehicles and individuals and probably with all these alleyways. There could be maybe homeless

people coming in. You never know. It's an environmental issue. There's pipelines located there and the green space. There's going to be no green space. Could be spilling of oil, trash, exhaust fumes. Aesthetically, parking lot versus homes. There could be probably potential illegal dumping which is already an issue in that area. There's going to be noise, the coming and going of vehicles, radios, conversations, increased traffic, and also a flooding issue, which is one of the most important things. I've lived there over 30 years, and all these major storms and major rainstorms that flood streets here in Hyia, we've never had a flooding issue because the water collects in that particular lot. in these major storms when there's been all this flooding in over that looks like I have a lakefront home because the water collect there and also there's no drainage in the streets in that area. So if that becomes concrete what's going to happen where's the water going to go? So if also in this particular have they done a flood plane management report to see how it might affect us? I guess my time is up.

Thank you. And also the stress on the infrastructure. Thank you. Um, Manny. Yes. Um, I know it's a little early for drawings and planning and designs and stuff. What's the uh what's going to be the deal with the drainage? Drainage is going to be as required by the city of Halia uh water and sewer and um streets department uh public works actually. And uh it's going to have underground French drains like every parking space that we do that we design. That's coming in. that's coming forward in in the construction documents. Not at this stage. Okay. Right. Yeah. I know. I know.

And it'll be properly designed or, you know, we've got a great team. So, we worried

I just I brought it up just to kind of like ease her her concerns a little bit that there is there is Let me give you a little side note here. this gentleman here and this other gentleman at the end here, the one with the receding hairline. Um they um they when they design and build projects, they go above and beyond what the requirements are to make sure that the neighborhood is improved, property values go up. Uh that's why I'm sure you heard me talking to him about trucks repairs noise because I I've have firsthand experience in many many FPL easements and you do know that we we will suggest some kind of restricted covenant as far as operations and maintenance and cleanliness and all of that. Okay. If this goes through, it has to do with the board. Okay.

You got it. Thank you. Anyone else in the audience? Name and address, please.

Oscusa, 5865 West 14 Lane. I have lived there since 1990. Um, and what I want to say is that if this project goes through, it's going to change the uh the neighborhood. on 60th. Um, on 60th you have two lanes going from west to east and the same going the other way. You have Gracianos on the corner of 60 and 16. You have a small shop. they don't have um enough parking and what they do is a truck parks on the street in order to unload for the uh store the Argentinian store and it becomes one lane. You also have Milm Elementary diagonally across and that's a school zone right there and the traffic is only 15 in a school zone. So, the traffic is going to be horrendous. And what about the noise? Because the trucks, you know, they're not quiet and we live in a residential area. This will change our neighborhood from a very residential to a commercial and it's not going to help the values of our properties or the quality of living. You know, our city is becoming way way way uh too congested. When they opened 60 at 60th Avenue to allow the traffic because there was a lot of traffic on 49 and 68, they opened 60th. speak to the principal on Milm and see how that has affected that school zone. As it is when I come during uh around two between two and three from the west

side to the east there's a line that backs up all the way from Milm all the way to like just before 24 Avenue. It's really bad because I go to the uh Publix and when the parents are trying to pick up their kids, it becomes one lane and it took me one time to get to my house over 45 minutes. So, this is not going to help our quality of life in Halia. Thank you for your time. Thank you, sir.

I have a small comment to make. Um, this is going to be a storage place for vehicles. This is not going to be an in-n-out where you go in and buy something at the Publix and park and leave and come back. This is a a storage facility. That's what everybody I guess is missing the boat on that end. No, we're not. Okay. All right. Um, anyone else would like to uh make a comment? Yeah. Uh if any comments need to be you need to come up to the mic here and yeah can I make

uh you had you had your turn. Okay. We need to swear you in. Raise your right hand please. Hi. Hi. Can you swear or form to tell the truth before his board? I swear. Okay. Your name and address, please.

Hi, my name is Julio and I live on 5959 West 14th Lane. My father owns the property. Um, and I've lived there for about five years. Um, and I can tell you for sure this is a community of very nice, kind, well-meaning people. Um, I've gotten the chance to meet them recently talking about this. This is not going to benefit the community whatsoever. Um, nobody on the street owns a boat or a big truck or anything that would allow us to benefit from this. And, uh, John, you said it yourself, you have something in your neighborhood similar. and it has very much negatively affected your experience there. So, this is your opportunity to do something right for people that have been living here quietly, peacefully um and are at your mercy with this. I don't think I need to say anything else. Thank you.

Thank you, sir. Go ahead. He could have conceded her time to her if he still has time left. Uh, no it's four. One, two, three.

No, it's See, you used up some of your time. Now, had you at the beginning volunteered your time to her, then it would have been okay. But since you used up your time, she used up her time, it's No, no, no. That's Sorry.

So So we we we tend to follow this the same rules as the city council and we we don't allow sharing of time. So one person is entitled their three minutes and if that person wants to use their three minutes, they're entitled to their three minutes. But one person cannot give, you know, four people cannot give one person 3 minutes and one person have 12 minutes to speak. So each person has three minutes to speak and they are entitled to use that time how they see fit. Thank you. Um okay we have one more person if you want to come up and say something. Okay closes the bar public hearing. Manny, do you want to say something else? I just want to say that we're trying to do something for the area. Um that apparently the people that have spoken don't interpret it that way, but we want to create a facility that will help people. I mean, you're you're not going to live 10 miles away from here and bring your boat in or your car in or your whatever. And you got to be within the radius of the area. That's the way these facilities usually work. So that's all I have to say. I don't know if anybody else has any more questions.

John, do you have any more questions? No, sir. Thank you. Go ahead. Uh Manny. Yes, sir. Is this as long as you said at the beginning, is it going to be on writing that people cannot do any mechanics there? It's just storage. Yes. You leave your boat or you leave your RV. Yes. Disconnect and go. Correct. Yes. That's the way it's going to be. No, no big trucks, no big rigs. They they won't fit. they can't get in and out. That is my main concern. If it's not going to be any type of working in there, fixing no to oil change, all those things that that that will be written into a consent agreement with the city with the zoning department.

That might be that is my concern and I'm I'm really glad that you said that it's going to be on right that they cannot uh do that there. It's a benefit for the business. Okay. We need to uh make sure that we make note of the his voluntary restrictions and um the law department and and staff will sit down and ward it right where he can agree and property owner can agree and then you know we're going to hold you to it.

Just just as a chair just as a point of clarification we are dealing right now with the land use. Yes. The only uh condition in the land use is that the subdivision of the land it's it's continue and completed. Okay. Whenever we go through the zoning then we'll you know elaborate and and and talk about all the um conditions and um that they have been established. Okay. Do you all understand that? We okay go ahead. Go ahead.

So this application um it's considering the land use of the land. Okay. As you you know mentioned this currently there are two land uses in this area. One is a mayor's institution and mayor's institutions allowed for a school a public school for hospitals for um any government's you know facility. So in a way potentially okay it can be something even more than just a parking you know parking um for recreational vehicles. The other land is transportation and utilities. Okay. So, transportation technically you can have other uses as well. Okay. By being commercial and having all the restrictions that the FPL um lines actually including there. That's why staff consider that this surface parking lot with not vertical. You don't h you're not going to have anything besides a wall that we are considering requesting for it. A physical masonry wall and land landscaping on the wall. You're not going to have any other structures. So this is the land use that we're dealing. You have a second round so don't go where we're going to be discussing the zoning aspects of it. Okay.

One more question if you don't mind through the share. Uh the flooding aspect is another thing that I was concerned about too. Is there a study done for the flooding? Because yeah I'm familiar with that area. I have family that live in that area and yeah that back part does turn into like a lake when it rains because all the water does pour into that area. And my concern is a French drain is not going to do very much to control the flood.

No. And probably um not probably they will have to go through durm not only just to p uh public works and a street. They're going to have to go to the county to submit all that drainage calculations and improvements and everything. So they will have to be um deeper analysis and everything whenever they go through the building permit process.

Okay. What's usually done John so you would understand is um when we go into the construction document phase we would order a percolation test which is required various tests and then our civil engineer digest that and designs the system for percolation of the rainwater to make sure that there is no that it it can absorb it. So if the drain has to be different for whatever reason based on the dictation of the percolation test, it will have and not only that but like like uh Claudia said, it has to go to Durham and it has to go to different facilities or control facilities that are very strict as to what can be done and cannot be done.

Okay. Thank you. Okay, that being said, um if there's any more questions from the board, if not then, um what's the pleasure of the board? Motion to approve. Are we going to put condition? Well, this is just for the condition. They all have to be of the land. Correct. Mhm. So, we have a motion. We have a motion from Mr. Mr. Lefield, do we have a second? We have a motion from Mr. Glacius. Can we have a second going twice?

Okay, the motion fails. Motion fails. All righty. So, does anybody want to make another motion? Motion to deny. Second. I have a motion and a second to deny. We had a motion by Mrs. Enrique, second by Mr. Yua, Mr. Yes. Yes. to deny to deny. Well, I already voted. So, yes to approve, but it's what it is. Well, um, excuse me if Well, we're still on your vote. Mhm. You can't change your vote.

I still stand Well, I still stand for my vote. Okay. Okay. So, but on you know because once we leave you you're I still stand for good. So yes. Mr. Enriquez. Yes. Mr. Morales. No. Mr. Ya. Yes. Mr. Perez. No. Okay. Motion uh passed. So the item has been denied.

So it'll it'll go to um the city council with a recommendation of denial. Okay, thank you. All right, we are done with the uh land use part of the meeting. We're going to go ahead and open up the regular planning and zoning part of the meeting. Item number one, approval of planning and zoning board summary agenda of October 29th, 2025 as submitted. Motion to approve. Second that motion. We had a motion by Mrs. Enriquez second by Mr. Mr. Yes. Mr. Morales. Yes. Mr. Yes. Mr. Enriquez. Yes. Mr. Perez.

Yes.

Item has been approved. A written decision and resolution will be prepared and presented for review to the city council. The city council is authorized to affirm with conditions to override the decisions by resolution. After the resolution is adopted, contact the member of the city clerk's office to obtain a copy of the final decision and resolution. Upon your receipt of the final decision and resolution, contact the building department to obtain your required building permit. Summary minutes or a copy of the audio file of the proceedings before the planning and zoning board shall be prepared and submitted to the city council before his hearing. The planning and zoning board recommendations for the following public hearing request will be heard by the city council at a scheduled meeting of Tuesday, January 13, 2026. Item number two, final decision to allow a rear setback of 8.5 ft or 20 ft are required for a proposed aluminum terrace. Properties located at 6120 East 4th Avenue, HIA zones are one one family district applicant Gonzalez and George Figeredo Ala

postponed item from Okay. So this is table item or no this not table. So it's open from last meeting to this meeting. So Mr. Gonzalez

name and address please. Gonzalez. Okay. Um Okay. Okay. Thank you.

And I'm just basically informing him to, you know, just be be courteous because we do have to translate it. So,

the property in this application is located on the northwest corner of the intersection of East 61st Street and East 4th Avenue. The lot is approximately 6,300 ft² or um 0.14 acres. The site is improved with a 1,886 square foot single family home originally built in 1968 according to Miami Day County property appraisal records. The property is designated as low density residential on the city's future land use map. The Sony classification is R11 family district which is consistent there with the applicant is before the city requesting approval of a proposed 493 ft aluminum terrace which proposes a rear setback of 8.5 ft where 20 ft are required. A review of the city microfilms records indicate that several prior improvements were permitted, including a Florida room addition to the rear of the existing structure under permit number 1971-14042, installation of an aluminum dura fence and aluminum gates under permit number BLDR 004218-2023, and a partial demolition for a 10 ftx 10 ft shed under permit number BLDR 00460 was approved. approved on May 12th, 2025, but remains pending uh pending payment and pickup. Records also indicate that a building permit for an addition of a bedroom and bathroom was submitted in 2021 under perpend. However, it was never approved and its current status shows as can. During the review of the submitted plans and survey, a staff observed that the existing terrace and an addition at the rear of the property were constructed without the benefit of a building permit. A staff met with the property owner on October 21st, 2025 to inform the applicant of the multiple constructions built without permits. The owner was informed that although the property was purchased in its current condition, a review of the microfilms

record revealed that the addition and terrace must be legalized under a separate permit application. Also, the submitted site plan does not include a zoning legend with previous areas calculations and setback dimensions. The site plan must be revised to demonstrate compliance with the minimum pvious area requirements of 30% approximately 1,890 ft. Given that the required rear setback is 20 feet and the proposed aluminum terrace provides 8.5 feet, a staff finds that the reduced setback does not negatively impact the adjacent properties as the structure is not built to the property line and complies with the required interior side and a street setback. A staff recommends approval of the request to approve the proposed aluminum terrace with the proposed rear setback reduction subject to the following conditions. One applicant must apply for a building permit to legalize existing rear addition and terrace. The site plan must demonstrate compliance with the minimum 30% of previous areas requirement and include a Sony legend and setback dimensions prior to receiving final approvals from the planning and zoning division. The proposed aluminum terrace must remain remain open at all sides. The partial demolition for the 10 by 10 10 ft by 10 ft shed must be picked up and the structure is to be removed. Um therefore staff recommends uh approval with conditions. Okay. Fore

Miami Day County. Landation. This records Florida room. Foreign

Fore! Foreign! Foreign! Fore construction. construction. Fore setback.

Okay. Thank you. Uh let the record show that uh Mr. Mason is on board. Welcome. That train got you too, huh? Yeah. Welcome aboard. Um Okay.

The applicant has no comments, comments or questions from the board. Can can we just confirm that he accepts all the conditions in Spanish, please? Yeah, he understands and he has set the conditions.

Okay. Just um wanted to make sure that offering him a the recommendation. All right. Comments or questions from the board? Anyone in the audience? All right. was the pleasure of the board. Motion to approve. Second. With conditions. So, we had a motion by Mr. Allesia, second by Mr. Morales. Mr. Yes. Mr. Morales? Yes. Mr. Perez? Yes. Mr. Mason? Yes. Mr. Enriquez? Yes. Mr. Allesius? Yes. Item has been approved with conditions.

Um, yeah. I see. Wait a minute. Does when does he have to come back? Yes. Okay.

Item number three, final decision to allow an interior east side setback of 5.84 ft or 7 1/2 ft are required for the existing addition to the main residence to be legalized. to allow a street size setback of 7 and 1/2 ft where 15 ft are required for an existing addition proposed to be converted into one car garage and storage room to allow an interior east side setback of 4.41 ft or 7 1/2 ft are required for an existing 148 ft gustbo to be legalized and to allow a distance separation of 7.25 ft between the geo and the main structure where a minimum of 10 ft are required. Properties located at 100 East 37th Street Helia zones R11 family District. Applicant Manny Rails Architect on behalf of Plaldo Pedrasa A Costa.

Yes. Good evening. Many Rose Architect with offices at 18501 Pines Boulevard Street 342 Penrook Pines, Florida. Good evening.

Um this application just to begin with is for a property that you already heard it in March 2025. Okay. So, this lot is located in the southeast corner of East 37th Street and East 1st Avenue intersection. According to city record, the lot is approximately 10,350 ft and was improved and and was improved with a one-story single family home in 1955. A westside carport and a Florida room were built with proper building permits in 1960 and a pool was permitted to be built in 1970s. In 2000, the applicant received a final decision approval number 00-00002 for a carport in front in the front yard and the west uh site carport conversion to a garage. The 2000 plans reflected the removal and reduction of two aluminum roofs because they were built without the benefit of a permit. The plan also called for the correction of size setbacks and the removal of a portion of concrete slab to provide for the minimum of 2 ft size setback for drainage. The property has received several code enforcement cases over the years, primarily primarily for work conducted without building permits. The latest is under complaint ID number 2019-04435 which includes sever several irregularities of constructions without the required building permits. These applications survey reflects several items built without the benefit of a building permit. The following list the uh lists the pending items. A westside garage expansion with an aluminum roof and an eastside master bedroom addition and an attached south terrace with an aluminum roof and a pool deck with several concrete slab throughout the property and an east side carport and a detach enclosed rear structure with an open gazebo. The property owner presented another application in March 2025 where staff provided a series of comments to satisfy the minimum zoning code requirements. This application

proposes several improvements from the March 2025 submitt starting with the demolition of the detached enclosure rear structure and demolition of the east side carper and terrace. These items were the most impactful to neighboring properties since the set since the setback of some of these structures did not exist. The applicant is also proposing to legalize several other structures where setback reductions are required to be processed. The following items are being uh requested to reduce the setbacks. The master bedroom addition was built at 5.84 ft of the interior size setback where 7.5 ft is required. And the garage expansion with the storage room addition was built at 7.5 ft where 15 ft are required. And the southeast open gibo was built at 4.41 ft of the interior size setback and only separated at 7.25 25 ft from the main structure where the minimum interior size setback is 7.5 ft and separation and 10 ft. In addition, this application is proposing the removal of several concreteed slab throughout the property to comply with the minimum green space. However, the plants are only proposing to achieve 27% of green area. Therefore, staff recommends to meet the minimum of 30% of green open space so that to satisfy the previous areas within the property since there is plenty of concrete or impervious areas that can be converted to green areas. Since the applicant has been addressing the comments received from a staff and from the planning and zoning board, a staff recommend the following conditions. That the property owner obtain obtains building permits to address all the structures built without permits and the properties improve according to the plans prepared by Money Rails architect. sign and seal on September 19, 2025 with the exception of the open space calculations and that the property meets the minimum 30% of green and open space and that the property owner enters into a declaration of use stipulate stipulating stipulating that the

property is to be used as a single family home with one kinship facility only recommendation approval with conditions and the status above. Thank you Manny.

Yes, good evening again. Um, basically on the open space, uh, Claudia, that's already been achieved. Uh, we've already got a a demo permit. The permit, uh, Alex is was already obtained and it's already being worked on, and I'm going to stop by twice a week. This gentleman who's sitting back there is a we usually don't do this kind of work, but we're trying to help people out. So, I'm we're on board to help him out. U So, basically, where we at with this demo permit has been obtained. demo permit. The demo construction has started. Uh and uh as far as the open space, we've already uh established that once we submit the construction docks, the we will we will not be requiring variance for open space because we're meeting the open space during the demolition. So, I just want to make sure you understand that, please. Uh the setbacks and all that, that's all been discussed by uh Claudia u and and that's all I have to say. This is a small project but it's challenging. Nobody wanted to help the gentleman and we stepped in and trying to remedy and we we we start and we finish. So it will be finished. Give you my word on that and that's basically it. So if anybody has any questions please uh more than glad to answer them.

Thank you Manny. Comments or questions from the board through the chair. Yes. The demolition is for that structure in the back. the whole the whole there's one structure which borders the south portion all the way in the back that's being demoed 100%. That's that's already part of the demolition permit package. Okay. And what else needed to be removed from there? What else? I'm looking at the Google. Well, the the uh there there's a canv there's an aluminum canvas on the left side that's being removed. The the garage is being mostly removed and we're redesigning a onecar garage rather than what they had. Uh the covered terrace is encroaching into the five footstep back into the for the pool blah blah. All that stuff is being taken care of.

Perfect. Thank you. Anyone else? Anyone from the audience have a comment or question? Go to the part of public hearing. What's the pleasure of the board? Motion to approve. Second that motion. So we uh what was that? What the what's the condition? Yes, sir. Apologize. So motion by Mr. Morales, second by Mr. Allesia. Mr. Yes, Mr. Senica. Yes, Mr. Allesia. Yes, Mr. Mason. Yes, Mr. Perez. Yes, Mr. Morales. Yes. Item has been approved with condition. Thank you.

The planning and zoning board recommendations for the following public hearing requests will be heard by the city council at a schedule meeting of Tuesday, December 9th, 2025. Item number four, amendments to city of Helia ordinance number 2024-072 to allow a street size setback of 0 feet where 10 ft build to line required and to allow 10.17% pvious area where 30% is the minimum required and to allow partial waiver of minimum minimum landscape requirements through landscape mitigation as per section 98-2235 for the construction of a mixeduse 8-story development consisting of 21 residential units in approximately ly 1,781 ft of commercial space. Properties are located at 805 Home Avenue and 11 East 8th Street High CR commercial residential district within the neighborhood business district MBD overlay. Applicant Caesar Mastering Square on behalf of 11 East A Street LLC.

Caesar Masterwood office is at 8105 Northwest 155th Street, Miami Lakes, Florida.

Thank you. The properties are located at the northeast corner of Palm Avenue and 8th Street and are composed of two platted lots. The lots are currently improved with a two-story commercial building with parking lots towards the north and east of the commercial building. The commercial build building as it currently stand was built in 1982. According to city records, the property received a special use permit approval to expand the neighborhood business district MBD with variances related to the size of the residential units, waiver of the building mass and frontage and reduction of the previous areas. The um was approved um the approval was granted according to ordinance number 2024-072 adopted on June 24, 2024. As part of the approval, a declaration of restriction was recording according to CFN 2025 0771018 in the Miami Day County Clerks of Courts and no amendments are required to the existing declaration of restrictions. The project has submitted site plan and concurrency according to the applications number SP-0000338-2024 and C-0000337-2024. Therefore, the project is moving along with the redevelopment requirements. However, the applicant reached out regarding an FPL conflict with the north side of the property. There are currently overhead electrical wires and poles within the north side of the property servicing adjacent properties and the previously approved design proposed a zero north setback and a zero north side setback and a 10-ft southside setback as permitted and required by the MBD regulations. As stated in the applica in the applicant's letter of intent, this application is requesting a southside setback reduction of zero feet where 10 feet are required. The applicant is stating that the request is made due to the FPL request to provide a north side 10T eastment. Therefore, shifting the building for southwards. Since the setback reduction reduction is

towards the street, no neighboring properties are being affected by the shifting of the building. Even though the request is encapsulating within the property, the East 8 Street elevation becomes crucial since no area to provide for landscaping to soften the structures into the corner will be available. The south building elevation proposes a perforated metal screen from the second to the fourth floor. This improvement become becomes crucial to reduce the closeness to the wall to of the wall to the street. Therefore, these improvements shall be um required and maintained and no engineering value shall affect the street such a street elevation treatment since the enveloped of the project the uses density and parking and no other components are being modified from the regional project approval except for the southern sidesight setback reduction. A staff evaluates the request the request positively recommendation approval.

Thank you Claudia Caesar. I have a PowerPoint which is the presentation I used before, but I think I'm going to skip it and get to to the bottom line. This is exactly the same building that was already approved. The declarations have been recorded. It's the same size, same units, same parking. The problem was when they started to do the construction documents, etc., they found out that there's an FPL easement on the north side. So, all we're asking is to shift the building 10 feet to the front. Um, as Claudia said, it's not affecting any of the neighbors. That's where the street is. So, that's the ask and it's that's why it's just an amendment to something that's already been approved. Do you have any questions? I'll be happy to answer.

Thank you. Comments or questions? Anyone in the audience? All right. It's a pleasure to the board. Motion to approve. Second motion. Okay. So, we had a motion by Mr. Ou and second by Mr. Was I'm sorry, Mr. Mason. Mr. Mason, I'm sorry. So, motion by Mr. Mason, second by Mr. Mr. Perez. Yes. Mr. Mason, yes. Mr. Yes. Mrs. Yes. Mr. Aua. Yes. Mr. Morales. Yes. Item has been approved.

Okay. So item number five is the companion um application to the LU1 that was postponed until December uh 10th 2025th meeting. Would you like for me to read it into the record? Just yet.

Okay. So the address is 1002 East 19th Street and 1012 East 19th Street. Okay. So no action. This will be postponed until December 10th, 2025th. Item number six, reszoning properties located at 1780 East 4th Avenue and 7 the 375 East 17th Street from R21 and2 family residential district to B1 highly restricted retail district. Conditional use permit to allow a K through 12th grade private school with a maximum capacity of 272 students in conjunction with a 14 children daycare. variance permit to allow 51 parking spaces where 57 parking spaces are required and to allow the existing dumpster enclosure to be one foot from the rightway facing East 18th Street where 10 ft is the minimum required. Properties are located at 37 I mean 375 East 17th Street 1702 East 4th Avenue 1780 East 4th Avenue and 1750 East 4th Avenue. Highly ass R2 one and two family residential district and V1 highly restricted retail district. Applicant Caesar Masterquire on behalf of DP Real Real Estate Holdings LLC.

Caesar Master with offices at 8105 Northwest 155th Street, Miami Lakes, Florida. With me today is Demetrio Perez, who is the owner of Lincoln Marty Schools. This application encompasses four parcels of land owned by DP Real Estate Holdings LLC and 375E7th Street LLC. All despite the different corporate names are registered under the same owner, the Metro J. Paris. The property's boundaries are East 18th Street to the north, East 17th Street to the south, and East 4th Avenue to the east. The total combined area of the four parcels is 1.08 acres. The property in this application is located um um the property in this um I'm sorry the property is known known as 1750 East 4th Avenue and 1702 East 4th Avenue have commercial land use and B1 zoning uh zoning therefore consistent the properties known as 1780 East 4th Avenue and 375E7 have a commercial and major institution land use and are two zoning. Therefore, these two properties are requesting a reasoning of to be one to be consistent. The addition since the prop in addition since the property known as 375E7 Street received a land use amendment to major institution according to ordinance number 2024-080 approved in August 27, 2024. Accordingly, the requested conditional use CUP will permit the private school and daycare to operate at the unified properties. The cup application was a requirement when the property um came in 2024 for the land use amendment since the operation of the private school link Martia school has been expanding without the proper permitting. According to the applicant, the unified property to operate a K through2 school with a total of 265 students and a daycare with a total of 21 children. This shall be the maximum

enrollment capacity unless a new cup increasing the enrollment is submitted in the future. The applicant submitted a traffic analysis that is that it has not yet been reviewed by the city of traffic engineer. However, since the school had the school and the daycare are already in operations and the applicant is to submit for building permit, if any negative traffic and parking conditions are reflected, mitigation strategies shall be addressed at building permitted um or at any time if conditions affect the neighboring residential area. This cons this condition is imposed because the applicant is also requesting a parking variance requesting 51 parking spaces where 57 parking spaces are required to operate a school with such enrollment. Therefore, no parking is spillover shall occurred to adjacent street. Lastly, the existing dumpster enclosure is too close to East 18th Street right away. Only a 10 foot only a foot where 10 ft are required. This variance can be approved if the gates of the dumpster are open into the private property and a stop bar is placed so no gates is to swing out into the rightway. The reszoning and the cup request can be approved to achieve the requirement to properly permit the existing school and daycare. The parking variance can be also be approved if conditions are accepted as well as the dumpster. The following conditions are stipulated. That the applicant shall enter into a declaration of restrictions for the K through 12 grade CUP with a maximum student capacity of 265 students and a daycare with a maximum capacity of 21 children. And that the applicant enters into a unity of title for the four parcels of land including in this application. That the applicant shall obtain a change of use and building permittence within the 12 months. and that the applicant addresses any traffic and parking conditions if negative impacts are found in the surrounding areas of the unified property. Staff recommends approval for the resoning CUP and variances with conditions.

Thank you.

I'll start off by saying that we accept the conditions um and then I'll go through a PowerPoint presentation that I have. This is kind of a uh cleanup of of this school that's been operating there for over 20 years. Um these are the four properties. Uh two of them are on 18th Street right next to each other's big building there. Um the corner on the south west corner of East 4th and 17 and the small house that's right next to that property. Um last year I came before you and we requested a land use change to the single family house which is going to be the daycare. uh and that was approved uh by by the board and by the council. Two of the properties 1750 and 1702 already have commercial uh land use. There's the next slide. And now we're requesting to change the zoning on the other two properties to B1 so that it'll all be the same. There will be a unity of title which all four properties will be put together. Next slide. This is what the properties look like now. Um, and I will tell you, uh, Claudia, when I went out there myself to put the signs up, I saw that there was cars like in this photograph parked in the soil area, but I noticed that it was people from the shopping center across the street on East 4th Avenue. there's a barber shop or a tattoo shop or something and I saw them coming to the car and going back and forth. So, I just want to make sure that I I I state that for the record and that we don't end up having to uh deal with that situation because there's really not too much we can do about that. Um, like I said, the school's been operating for for over 20 years. It's been working and it has expanded. It started here on

18th Street. Then it expanded over to the 1702, the the the corner building. And then now uh we're adding that little house that's going to be the daycare portion of the school. This is what it looks like. Next next page, just to give you an idea, u the next one has the the small house that's uh going to be part of this and then an overhead view of all of the properties. on the next page. There you go. The next page is just uh the plans that we submitted with the zooming legends. So, as this has been operating and it's been working fine for over 20 years, uh as I said, this is kind of a cleanup. Um Mr. Perez's father was the one that started the schools and ran them. Unfortunately, he's not uh with the family anymore. So he took over and then we put this all together. We see what do we need to do to make sure that we comply with everything and this is the last part the cup and the resoning so that it all is uniform. It's all one big school and it'll continue operating as it has been. If you have any questions let me know.

Thank you. Comments or questions? I have a question here. uh for that parking in the SW. Can we just put like a no parking sign there or maybe those little triangle cement cones so people don't park there to prevent because it looks kind of ugly with the picture that you show. Um that be nice to prevent that. Yeah, I don't think we're allowed to put those signs. I think the city has to go out there and put them up. That's correct. So I I noted we'll include it that um the street department can install no parking signs in the club, right? Yeah. Because that that shopping center is real small, the one across the street. I noticed it because I was putting the signs and I'm like, why is this guy coming from over there to over here and parking and they have very little parking across the street just

they shouldn't be parking there anyway. So, yeah, put away sign there that'll scare people. Yeah. Also, the the barber shop has parking on the back. I guess they're leaving that open parking lot in the back. They don't use it. It's I know, but there is a parking lot in the back. Really? I maybe it's more convenient to walk across the street. I don't know. I don't know. for sure. Yeah. I'm just glad I saw it, you know, so I don't want somebody to think that it was school personnel that was parking there because we don't need it. Okay. Anyone else? Anyone in the audience have a comment or question? All right. Close to the public hearing. What's the pleasure of the board?

Motion to approve with condition. Second. Okay. So, we had a motion by Mr. Yo, second by Mr. Morales. Mr. Allesia, yes. Mrs. Enriquez, yes. Mr. Morales, yes. Mr. Aa, yes. Mr. Perez, yes. Mr. Mason, yes.

Item has been approved with conditions. Item number seven, reszoning property from R11 family district to R21 and two family residential district. Variance permit to allow the construction of a duplex on a substandard lot having a lot width of 40 feet where 75 feet are required to allow a lot area of 4,000 square feet where 7,500 ft are required. To allow a front setback of 21 feet where 25 feet are required to allow interior north side and southside setbacks of 5.5 feet where seven and a half feet are required to allow a rear setback of 20.5 ft where 25 ft are required and to allow a lot coverage of 31.9% where 30% is the maximum lot coverage allowed. Properties located at 4442 East 9inth Court Hay Leo zone R11 family district. Applicant Manny Rails architect on behalf of LSA Sanchez and Janette Al.

Good evening Manny Rose architect with the offices at 18501 Pines Boulevard sweet 342 Pines Florida.

The property in this application is located on the west side of East 9 Court between East 43 Street and East 45th Street. The lot is the fifth lot from the East 45th Street with approximately 4,000 square feet uh or 0.09 acres. The site is currently improved with a single family home structure measuring uh 1,653 ft built in 1960. According to Miami Day County property appraisals records, the property is designated as low density residential in the city's future land use map and currently uh zone R1 family district. The surrounding land use designation and zoning classifications are as follow. To the north, low density residential zone R1. To the east, low density residential zone R1 and R2 one. And two family um residential districts. To the south, low density residential zone R1. To the west, low density residential zone R1 and R2. The applicant is before the city requesting to reszone the property from R1, one family district to R2, one and two family residential districts to allow the construction of a duplex on a substandard lot. The applicant is also requesting a variance permit to allow the a lot with a lot width of 40 feet where 75 feet are required to allow a lot area of 4,000 square ft where 7,500 ft are required to allow a front setback of 21 feet where 25 are required to allow interior north and south setbacks of 5.5 ft where 7.5 feet are required. and to allow a rear setback of 20.5 feet where 25 ft are required and to allow a lot coverage of 31.9 where 30% is the minimum lot coverage allowed. According to the submitted plans, the proposed project consists of twotory duplex buildings. Each unit will have approximately living area of 1,269

square ft and will be designed with three bedrooms and two bathrooms, including a covered terrace at the rear of the building. The second floor unit will be accessed through an exterior stairwell located at the front of the structure. The project will provide a minimum of four parking spaces meeting the meeting the minimum parking requirements and an enclosed trash bin area is proposed along the north side of the building providing a designated and a screened location for waste storage and collection in compliance with city requirements. In addition, the plans indicates a total purpose areas of 1584 square ft which is 39.6 6% which exceeds the minimum uh required 30% pvious area thereby improving site drainage and contributing to the overall aesthetics and environmental quality of the property. To address the variances being requested, it's important to note that the property was plotted prior to the adoption of the current minimum lot width and the lot area requirements for the R2 zoning classification. As a result, the lot is considered substandard in size. Also, the proposed stairways at the front of the building encroaches into the required front setback providing 21 feet where 25 feet are required. A staff does not find this encroachment to have a negative impact as the staircase um are an open architectural element and does not obstruct the visibility or pedestrian movement. The encroachment is minor in a scale and contributes to the overall functionality and design of the building by allowing direct pedestrian access from the parking area located at the front of the property. The project also seeks approval of reducing interior north and south side setbacks of 5.5 ft where five where 7.5 ft are required and a reduced rear setback of 20.5 ft where 25 are required. Staff finds these reductions acceptable uh given the limited lot width and the fact that the proposed building maintains adequate separation from adjacent properties preserving privacy. Finally, the proposal is seeking approval of a total low coverage of 31.9% where 30% is the maximum allow. A staff

that's not considered this increase in law coverage to be negative impact on the surrounding properties. The proposed duplex include a larger building footprint to accommodate additional bedrooms, thereby providing more housing opportunities and and improving the site functionality while remaining consistent with the character of the neighborhood. The proposal was submitted to the Miami Day County Public School Concurrency Management System to ensure that the adequate school capacity is available to serve the students generated by the proposed residential development and is currently under review. The site is served by Palm Station PS04-013 which is in okay status. Final capacity and utility impacts will be further evaluated during the stipen and concurrency review process. Based on the applicant request, staff recommends approval with the following condition to enter into a declaration of restrictions to develop the site according to plan science and seal by Manny Rails Architect dated September 16, 2025. Staff recommends approval with a condition.

Thank you, Claudia. Manny,

yes. Good evening. Um, we're uh designing a we have designed a beautiful two-story duplex which each unit has three bedrooms uh which will accommodate the uh the the needs of the area. I know the streets department has done the streets brand new in the area and unfortunately they did not provide off- streetet parking. Uh some other areas in the vicinity do have off- streetet parking but not necessarily this specific uh uh ninth court. U basically um to the west of us there are other duplexes and to the east of us there are other duplexes uh block block and a half away. So basically this is something that will be in our opinion uh better for the area and will enhance uh the uh neighborhood and try to keep away from the all these efficiencies that are popping up by having an additional unit in on the site to facilitate the commodity for individuals that want to live in the neighborhood which is becoming a very very nice neighborhood. That's all I have to say. And if anybody has any questions, I'd be more than glad to answer them.

Comments or questions from the board? The chair? Yes, sir. I I No, no disrespect, man. I love what you're doing with this design and everything, but we keep doing these spot pieces in in neighborhoods, twostory units, three store units, and we're knocking down these houses. this this type of uh zoning. I I don't understand that we keep putting apartments small apartment buildings in residential areas and how to so so when Ed John if I may interrupt uh this is not an apartment building this is a duplex but is it

and is a R2 zoning uh which is compatible with other properties in the area. If you look at the map that I submitted, uh, we're not removing residential. We're we're not doing three, fourtory high buildings. We're not using 10 units, eight units, whatever. We're doing a duplex, which is compatible to the areas. Look to the east and look to the west. Well, when I was looking at Google Maps, most of the homes that I saw there are one-story homes. I don't see very many two-story homes in that area when I'm looking at Google Maps. So, that's it. Right. I and I understand your concern, but basically the zoning code for R1 and R2, which is single family home, allows for two stories and a half. Yeah.

So 35 ft. You can go even, you know, taller than what you know this project is proposing. So those are regulations that we currently have. And when we talk about R1's and R2, they are compatible with each other. You are not bringing additional uses. You are not bringing any other um you know aspects from the interior. is basically residential homes only what what you're allowing in that area. I understand that the volume the envelope is what you know you're considering but in the R1 the code already allows you for two stories and a half.

It's just you know just aesthetically I see it you know one story homes and all a sudden you have two story hold on right in the middle of everything just I think it just doesn't look right. Have you driven by the area John? I haven't been there in a while. I'm looking at a Google Maps and I we just finished a beautiful four unit double duplex on the corner work is you know beyond it's all been approved and build and it's beautiful. Your work is beautiful. I I I respect your work and everything. I was just wondering you know about the about the spot zoning and I this was a spot zoning situation. No sir.

This is not spot zoning. Thank you. Are you going to be able to put all the um all the parking with Yes, sir. We're complying 100% with zoning, which requires two parking spaces for the each unit, 100%. Dumpsters going to be closed.

It's the trash enclosure is behind, etc. and I drove by there and a lot of people that live there are actually parking on the driveway and blocking a little bit of the of the uh sidewalk, but they are parking in an angle on the driveway that has been built by the city as an approach to their units. So, we're going to probably end up here with five or six parking spaces uh that are going to be parked two on the outside and one on the two and four on the inside. But, you know, it it is what it is. We're following 100% of the code. Now, you mentioned the streets department didn't provide you with on-site. Uh, no, sir. Off-site parking. No, I don't know why. When

when was it done? It was finished. A few few weeks ago, a few months ago. I know. When Millie Millie, please Millie, please. You know the rules. You want to speak? I will I over here. Um, when you begin, Millie, would we have do would you like me to have you escorted out? Please, please maintain to the quorum. Okay. Okay. Well, just just Millie, please. Manny. Yes, sir.

Question. when you start the construction. Mhm. And and this is just for my information and I I do understand the streets department just uh improve the swale and the area and the streets and the sidewalks and what have you. Is there any way possible and I could be stepping out of bounds here. Is there any way possible that you could remedy that uh issue with the parking you just mentioned where they park caddy corner and they take up um extra space or extra swale talking about during construction? When you do your construction the construction process. You talking about the construction process?

Yes. Yes. Well, um I'm sure that the employees are going to park inside the uh the premises cuz the building is set back. The the duplex is set back. So, I'm sure they'll park two or three vehicles inside at least. And then the other one will probably go in the driveway and you know they'll have to make arrangements not to they cannot park on the street will not be allowed to park on the street and there is no there's no room for on street uh parking

through through there is I think what I if I understood correctly please clear me. So what you're asking if is if there is any possibility to improve the swell with a parking space while you are going through the city process even though the city just finished doing it recently. Uh is that a possibility? That's something that would have to be discussed with the streets department. I mean it's brand new work so it's going to have to be heavily protected. Yeah, I am sure the developer, the owner is going to have to meet with the streets department on site with their superintendent to make sure that everything is followed to the letter because they're not going to allow destruction of something that was just finished

um through the chair. So, I will suggest that we include another condition into the report that it says if feasible the applicant will do, you know, all the collaboration and trying to figure it out if you can include an on street parking adjacent to the property. Yes. Is that that's not that's not going to be a problem. That's what I'm trying to get at. That's That depends on the streets department though.

100%. That is what I'm saying. You will just collaborate and seek you know approval if feasible depending on the plans. We don't know the storm, you know, drainage that they are currently included in the street. Well, they will street will have to review everything. That that's exactly the point I was trying to get across because I know for a fact that when the city does or the county when they improve a a roadway, swailes, sidewalks, curbs, what have you, um especially this one was just recently done, they do I don't want to say see the word moratorium is a little harsh, but they do put a limit as to you can't touch this this for x amount of years. as far as you know improving uh maybe widening adding a an extra parking spot if feasible. I'm not, you know, putting the burden on you, but if you know,

I mean, we'll we'll we'll probably I'll I'll mention to the owner to uh contact through us, the streets department, to see if they will allow us to do one off- streetet parking in addition to the four parkings that we're providing inside the property that are follow we're following the code 100%. That's what I I want everybody on the board to understand that we're following the code. We're not deviating. We're not asking for a variance for two spaces when we have two units and two residential units. They're not multifamily. I I understand. But my thing is that typically when the streets haven't been improved recently.

Sure. Uh there there's a little wiggle room between you and the owner and the contractors and what have you where yes, you can manipulate an extra you know, manufacture an extra on on street parking, that kind of thing. But this may be an issue with since they just improved that. Well, I'm sure we'll talk to the the chief of uh streets who I know very well, and we'll we'll see what we can do. We'll do something to that effect. All I want to make sure is that everybody on the board, if they have a question or a concern, please ask me, and I'll I'll do the best I can to answer it professionally. That's all I can do. Thank you. Anyone else? To the chair. Yes, sir.

The current property that's there, the way the the front parking is set up, it appears to be that there's multiple units in that current building. Probably. Probably. Maybe. I cannot I I cannot vouch for that.

But I'm sure there's quite a few buildings in the area that are one-story buildings that have more than two or three or four units. I am sure 100%. So, you know, we're trying to do something to remedy partly that or mostly that. And, you know, this is this is this is going to be very nice. So, I don't I don't have an answer for you as to how many units are. We don't own the property. I wouldn't doubt it that there's two or three or four units there. I have no idea. I mean, all you can do is drive at night after six o'clock and if you see more than four or five cars in the front, you don't have to be a rocket scientist. and that's what we're trying to avoid.

Thank you, man. Thank you. Anyone else? Anyone in the audience? Okay. For the record, I would like to say that Millie Herrera did send the city clerk's office a an email on November 12, 2025 expressing her reasons why she's opposing to this item. But since she's here, she'll have her three minutes and I don't have to read the email. Okay. Update the uh time.

Thank you very much. Uh thank you Manny for picking up my phone call. Millie Herrera 4341 East Ace Lane. I did speak with Manny. Manny is the same architect of the duplex which is now a quadruple in the corner of 43rd and 8th Court. And look what the street department did. I am so angry at them and at this city because there is multiple. You can check my email address. I sent it to the engineers. I spoke to Behar. I spoke to Ignasio. The street workers. I made them coffee. Okay. And the street department did a terrible, terrible thing. They left us with no parking. When somebody passed by my street and said, "How did you get this much parking?" in Spanish, I go, "I fought like a lion. You would not have recognized me. You think I'm mad now? You should have seen me." Okay, we have police going and citing people. They're all over the streets. Now, here's the problem I have with this property. I think it's in foreclosure and they're trying to sell it to an investor and he wants to get the most out of it because the greed is toxic and the greed is against God and God doesn't want this for our city. Thank you uh Mr. Ola John. Thank you because you recognize something. Manny uh took the balconies out of the unit on 8th court. So, I'm not telling the people, you know, because I was an advocate for these little villas, but I thought of villas like one bedroom and where you're taking out a car dealer facing 49 street, right? Maybe a duplex side by side. If this was a duplex side by side, I wouldn't be here. If it was but one bedroom, one bedroom,

I wouldn't be here because you have four parking spaces. Let me tell you, I found families when I ran for city council in one apartment, two-bedroom, five cars. You have the potential for up to 12 to 16 cars. You have three bedrooms above and three bedrooms below. This is one house on top of the other. Now, if you tell me the bottom floor is going to be two bedrooms and the top is going to be one bedroom, somebody can park on the street on the driveway and then you have four. So, I'm going to ask Manny to work with the residents. I'm going to go knock on some doors. This was, you know, think of the respect of the privacy of the safety. Somebody's going to get killed. We have three deaths in Hyia over parking fights in Eighth Lane. A 66 year old man shot a young 16-year-old boy because they were taunting him. Ninth Street dead. A lady that they ran over dead. And let me tell you, I learned about three fights in West Hyalia condos about parking. And yes, parking matters. And the city did a terrible thing. And you cannot put three apartments over three apartments. Mitigate it. Take the balcony out. And maybe we can be friends again. Thank you, Millie.

Sorry, I got No, that's uh Manny again. That's why I brought up the suggestion of possibly if if it coincides with streets department to maybe increase like on you know on on street parking. I mean I I don't want to put it down as a condition. But as a suggestion, if I I know if

we're not going to I mean, he could Manny can work with the streets department, but I'm not going to put a condition into that that requires the city to do something. So, um I would recommend that not be a condition. I'm sure Manny will work with the streets department, but I'm not uh recommending we place a condition upon the city, which at this point that's what this is. Well, that's that's what I'm saying. I don't want to, you know, and I said it clearly. I don't want to put a condition, but it maybe a suggestion of mutual understanding working with streets about especially since they just improve that area. I can call Jose Sanchez tomorrow. We can see if it's viable. If it's viable, I'll talk to Manny. If not, it's not viable.

Thank you. Okay. I send my piece. If anybody else has any questions, please ask me. All right. All right. Uh, anyone else in the audience? Closes bar public hearing was the pleasure of the board. Motion to approve. Second that motion. We have a motion to approve by Mr. Oua, second by Mr. Motion to approve with conditions. Yes, with conditions. Yes. Second conditions, right? Yes, we're good. Mr. Morales. Yes, Mr. Perez. Yes, Mr. Roya. Yes, Mrs. Zenriquez. Yes, Mr. Mason. Yes, Mr. Allesio. Yes. Item has been approved with condition.

Thank you. I have the next project coming up. Uh that's going to be you and I talked a little bit about that. You you said it be postponed. Uh he the applicant's requesting to postpone his his next item. It was the companion item for his um item that was the denied in the land use item, I guess. he wants an opportunity to speak to the neighbors and maybe work with the neighbors and fix the project. Um so Manny's requested to postpone this item and if possible he would like to reconsider the uh the land use item so that he can bring it back as one and postpone that item as well. So you can bring it back as a companion item if this board is open to that or not.

Okay. So we need a motion. Let let me Hang on. Let me let me uh process this real quick. Coffee. Coffee. No. No. It's too bitter. This next item you are proposing to postpone it or move it move it down the road a little bit. Yes. Okay. And he's asking if we can bring back the land use to reconsider. Yes, Mr. Chairman. Because they're companion items and denying one and moving forward to city council wouldn't make sense. Okay. And the reconsideration will be as a postponement. Correct. To match with the

correct. It would be a reconsideration to reconsider the denial and then revote on the item uh to postpone the item. Um if if the board is open to that, uh the only members who would be able to um uh motion well well first you should decide on on the postponement. Okay. Let's let's let's start the postponement first. I I motion to postpone. Okay. Second. Okay. But before we vote, is there a a date on it or next meeting or what would your um um what would you like, Manny? I would say we would need at least 30 days to do our homework. So, let's tie it to a date somewhere in January. January January. You would be asking for the first meeting in January.

So, yes, the first meeting of January is January 3rd or 14th. January 14th, 2023. Okay. make motion to but can January can read the item into the record because we haven't even read it yet. Uh you can um yeah you can read just go ahead and read it.

So item number eight reszoning from R11 families district and R21 and two family residential district to C2 liberal retail commercial district. The properties identified by folio number 04-2035-001-0550 and a portion of approximately 160.13 ft by 295.07 ft which is 1.08 acres of the property located at 1550 West 60th Street. Highly assumed R2 one and two family residential district and R11 family district. Applicant Manny Rails architect on behalf of Westn Baptist Church.

Okay. And then this item is suggested or requested for postponement. Can we get a motion to postpone? Second that motion. Okay. So we had a motion by Mr. Ya. Second by Mr. Mrs. Enriquez. Yes. Mr. Morales. Yes. Mr. Yes. Mr. Mason. Yes. Mr. Allesius. Yes. Mr. Perez. Yes. So item has been postponed until January 14th, 2026 meeting. Okay. Now um you mentioned something. Yes. you were going to mention something about those members that voted for or against uh

Yes, Mr. Chairman. So now LU2, which is the uh companion item um was a denial. Um, if you would like to reconsider that motion, the only people who would be able to make a motion for reconsideration were the people who were successful on that motion itself, which would be Mr. Glaciius, Miss Enriquez, and Mr. Yo, I believe. So, only you three can make the motion, anybody can second the motion, and moving forward, anybody can vote on the um the new motion. Do we have to read it into the record first? You should. Um you should you know go back to LU1 and and again this would be

to reconsider to reconsider right reconsider to reconsider LU2 at a later date. Correct. Same as a companion as a

January. So LU2 smallcale map amendment from major institutions and transport transportation and utilities to commercial properties identified by folio number 04-2035-001-0550 and a portion of approximately 160.13 ft by 29507 ft which is 1.08 08 acres of property located at 1550 West 60th Street. I assume R21 and two family residential district in R11 family district. Applicant Manny Rails, architect on behalf of Westland Baptist Church.

Okay. And this item was heard and it was denied. So, it's now coming up for reconsideration of the item of um reopening it. Not removing the denial, but Well, yes, sir. Reconsideration of the denial. Reconsideration of the denial. Correct. So, that that would be the if you are reconsidering, the appropriate motion would be a motion to reconsider by the three people that I mentioned. Motion to reconsider uh to reopen on January 14th. Second that motion. Okay. So we had a motion by Mrs. Enriquez, second by Mr. Yua. Mr. Morales, yes. Mr. Perez, yes. Mr. Ria, yes. Mrs. Enriquez, yes. Mr. Mason, yes. Mr. Allesius,

yes. Okay, so item number two has been reconsidered. So now the item is open and if you would like to make a motion to postpone. At this point, any member can make a motion to postpone and make a second on that. Motion to postpone to the next meeting, January 14th. Second motion. Okay. So, we had a motion by Mrs. Seras, second by Mr. Ya, and Mr. Allesius. Mr. Perez? Yes. Mr. Allesius? Yes. Mr. Mason? Yes. Mr. Morales? Yes. Mr. Enriquez? Yes. Mr. Roya? Yes. The item has been postponed until January 14th, 2026. And And quickly, I'm sorry, I didn't catch if you got Mr. Mason's vote for reconsideration. Okay. I'm sorry. Did you or not? Because he

No, I'm sorry. I have him as absent. He shouldn't have been um he shouldn't have voted on the reconsideration. So um we'll remove his vote from the reconsideration. Okay. So I have removed Mr. Mason. So Oh, you're you're on the ball. Yeah. You're on. You're good. Okay. So that's it. You're good to go. Get another. Thank you very much. Meet with the meet with the neighbors and stuff and try to Um, yeah. January. January 13th. 14th. 14th. 14.

Okay. Um, the items both items have been Okay. Let me let me explain this in a in a way that Okay. The original item, the one you all spoke with, was denied originally. He has another item, a companion item for that same um address. They both need to be in sync. You can't go to the console with one denial and one approval. So, they need to be in the same picture. he has um asked to postpone this one item, the reasonzoning to the next meeting. At the same time, as the attorney explained, since they both need to be together, there was a reconsideration of removing the denial for the first item. Okay. So, as it stands right now, we're nothing happened. Okay. The original one, the land use is now open. It's scheduled for January 13, 14th, whenever. Okay. It will be heard again. He will meet with the neighbors and you all will exchange concerns and uh um issues and whatnot. So come January, we'll be basically just like tonight. We'll start fresh with the land use

and then the uh zoning the reszoning. Okay. And if you can ask them to please hang around so I can we can get their names and numbers and whatever and we will be more than glad to meet with them. Okay. I'll give you one minute. come right up here because I know I know you're you're you're you're very eager. Okay, you're very eager. You want to but what he's what he is suggesting is he wants to meet tonight. Tonight, right now. He wants to meet with you guys and exchange numbers so that we can he can set up a meeting. Go ahead. Name an address again, please.

Hey, my name is Margarita Garavalo. I live at 5830 West 14th Lane in Hyia. I wanted to say something Mr. Rose has mentioned that by having that uh change to changing the zoning, having that land use that people would pay to have their boats and it would clean up the area where homeowners have their boats. That's not going to happen in Halia because if you can keep your boat on your home on your property, you're not going to pay to have a boat. I've seen similar uh uh areas that have been changed to a parking district. First it was a parking district. Now it's been sugarcoated to read as a C2 liberal retail commercial district. This is going to be our third round again in January 14th. They're going to what what are they going to name it now? Uh

okay. That's you know see we're we're we're looking too far into the future. This is something this is something changing it. Well, this is something that you as a as an affected neighbor, as an impacted neighbor, please talk with him and try and come up with an answer with a a middle ground somewhere. Okay. Um just just for the record just just so that you as far as seems like they want to shove this down our throats have changed

as as far as as as far as boats parking boats is concerned. Um there is a city ordinance for parking recreational vehicles, boats, RVs, what have you. Okay. There is an there's a an ordinance which is being enforced and I'm telling you that as as sure as we're here. Okay, it is being enforced. If your vessel or your RV meets a certain criteria, you can park it in an R1 in a single family. Yes, I know that's

not in a townhouse. Okay. So, those will be the perfect individuals that can negotiate a parking spot over there. Okay. So, talk with him, iron it out. Thank you. Is there a conflict of interest? He's the attorney for the city esquire and I see him carrying on many conversations with Mr. Rose. I mean, I don't know what the the interest. I'm just saying the attorney keeps going over and speaking with you, so I'm wondering. Okay. Well, that will be a Would you like me to answer that, please?

No. Okay. Keep that in mind. Thank you.

Okay. So, next item, please. Item number nine, variance permit to allow 32 multifamily units, 84% with an area less than 700 square f feet where 700 ft is the minimum required and only 25% of the residential units may have a minimum area of 500 ft. To allow a front setback of 5T where 10 ft built to line are required to allow an interior east side setback of 3.25 25 ft where 15 ft are required. To allow a rear setback of zero feet where 15 feet are required. To allow a streetside setback of 5 feet where 10 ft build to line are required. To allow the proposed dumpster enclosure to be zero ft from the right of way fronting East 47th Street where 10 ft are required. To allow a 5-ft landscape buffer on East 4th Avenue and a 5.16 ft landscape buffer on East 47th Street where a minimum 7 foot landscape buffer is required to allow 8.6% 6% pvious area with 30% is the minimum required and to allow partial waiver of minimum landscape requirements through landscape mitigation as per section 98-2235 for the construction of a mixeduse four-story development consisting of 38 residential units including six residential units to be offered at an affordable rate of 60% of the area medium income AMI. Properties are located at 410 East 47th Street and 4655 East 4th Avenue within area two of the neighborhood business district overlay. Helia zones are 33 multiple family district. Applicant Caesar Master Esquire on behalf of Luxer Hleia 47 Street LLC.

Caesar Mastray with offices at 8105 Northwest 155th Street, Miami Lakes, Florida. The properties in these applications are located at the southeastern intersection of East 4th Avenue and East 47th Street within area number two of the neighborhood business district MBD overlay caddy corning from Halia High School. The properties are adjacent to a 12t alley to the east uh with uh to the east. The property's land use um chain land use was changed to medium density residential in 2020 under ordinance number 2020-79 and the reszoning and variances were approved under ordinance number 2021-139. The former project was a two-story mixeduse project with five residential units and 2013 square feet of retail and a surface parking lot. This application is for a four-story building with an enclosed ground parking area and three levels of residential units encompassing 38 residential units, 45 parking spaces, and an active ground level with a spaces such as a lobby and a gym that will be used solely for the residents. The project is proposing to use the mix affordable housing ordinance to increase the density of the property. In order to receive uh the density increase, six residential units are to be restricted to be rented or sold at the affordable rate of 60% of the area median income, AMI, and the project shall comply with all regulations established under ordinance number 2025-045. The residential units are onebedroom and one bedroom with a study area, all varying from 612 ft to 741 square ft of area. This application is requesting several variances relating to the size of the residential units, setback reductions, landscaping and perview area, purviewed areas reductions. The setback reductions request apply to all four sides of the project and to the dumpster enclosure. Yet, no parking variances are being requested. Since the

property is located within one of the MBD district areas, no special use permit is required. However, the project shall uh comply with the density and high setting points. The project is proposing to utilize three points for the redevelopment of a corner site within the MBD district, one point with a gym and a lobby and one uh point parking facility out of a street view. In addition, at East 4th Avenue, the project includes a pedestrian entry lobby towards the corner with an elevator and a staircases servicing each residential floor. The East 4th Avenue elevation is set back to provide for greenery and a storefront details as is required by the MBD regulations. towards the north elevations or east 47 street. U the applicant is proposing to improve the route of way with on street parking. All these improvements are subject to the street uh department's approval. This proposal designed and used align with the intent of the MBD regulations. However, it's noted that the southside property line has to be treated with improvements since there will be no area to provide for a landscaping buffer or any other softening treatment to the south elevation. Even though the ground level only will be affected by these conditions since the south elevation of the building recess proportionally as the building goes up to the second, third, and fourth floor. There is also an interior garden area that brings an open space and greenery to the project. Balconies are only fa fa facing west and north providing for an additional privacy aspect to the neighboring properties. The remaining variances have a lesser impact on neighboring properties since internal improvements to the project have been introduced to address them. such as a proper storm water engineering system, a proper landscaping and irrigation system to provide for proper green areas and water absor absorption rates. After evaluation of the project, the following conditions are stipulated. To mitigate the south south elevation with a solid sixoot masonry wall and to enter into a declaration to develop the property according to the MBD schedules for permitting and construction schedule and that all inceptting points are to be

provided at the time of site plan and construction. um and develop the property according to the plans prepared by Oscar J. Gonzalez dated July 25th, 2025 and stipulate the profer six affordable housing units at a maximum of 60% AMI and provide and record a unity of title and if any traffic or parking issues arise after occupancy of the building, the applicant agrees to provide a traffic analysis addressing the traffic circulation and parking conditions for the project. If any traffic and parking improvements are recommended, the applicant agreed to satisfy such improvements and exterior colors to be administratively approved at site plan at the discretion of the director. Staff recommends approval with conditions.

Um I'll start off again with the conditions are acceptable to the applicant. Uh with me today is Jonathan Favia is sitting in the back. He's part of the Luxor uh construction company. Um he's here to help out. Okay. Um, we have a slide presentation. If you can go to the next one. These are the two lots there. As staff said, it's the corner of 47th Street and East 4th Avenue. Caddy corner to the parking garage in Helia High. Next slide. The building that is being proposed is a four-story building. And I think it's extremely important that we understand that we're not asking for a special use permit to allow or expand the neighborhood business district as some other projects have asked for. This one is located already within the designated neighborhood business district. Okay. Well, we have a fire alarm.

We're in recess. Oh, so you should Everybody should

take a

Okay. Hi. We're missing. All right. 802. Mr. Chairman, we are back. We're back on. The uh police officer downstairs says he'll come get us if there's a real emergency. Uh so you have quorum and you can continue with your business, sir. I wait for board member Morales or you have quorum Caesar. So whatever you want to do just go ahead and do your thing and if if we have to read it reread it again you know we'll we'll do it.

So as I was saying it's very important that we're not asking for a special use permit. We're not asking to expand the neighborhood business district. This is located within a designated uh business district. Pursuant to the MBD, we could go as high as eight stories, but I've talked to the clients and we were keeping an eye on another project that came before you a little while ago, which is one block over, very similar to this same corner, just one block down that was approved by you, was recommended for approval by you, and has already been uh uh voted on for first reading yesterday in the council. So, it's one block. That one's also four stories just like this one is. I also point out that this building is the same four stories as the parking garage from Hiliah High. That's Caddy Corner. So, it's it's all the same. And the reason that this area was designated MBD is because the council as a policy wanted to increase the density in this corridor of East 4th Avenue. So, I I think that's very important for you guys to keep that in mind. These are the plans. Uh this uh next slide, the next one shows you uh the unit uh development. They're all one-bedroom units. The first floor has 45 parking spaces. The units are a total of 38. They're all onebedroom, one bath. Some have a uh what do they call it? A uh studio, not a like a den. um they range from uh 612 ft² to 741 ft². The 45 parking spaces are on the ground floor. In addition to those parking spaces which are sufficient, they're also uh trying to develop some of on street parking. So there's additional parking in the area. There's 13 units on the second floor, 13

units on the third floor, and 12 units on the fourth floor. As the direct as the staff said, the building kind of goes in. So really the only problem is the bottom part is the most uh expansive uh part. Um due to the density and the new uh code provisions, they are agreeing to have six units rented at 60% AMI. Um I know we've been talking about AMI. You hear that all the time. Uh we've heard 80% uh the one that I was doing yesterday that you guys approved before was at 140%. So 60% AMI is actually a very low number. So the rent on these six units is going to be very affordable and that's part of of the agreement. Like to go to um the three slides down just a uh drawing of the building. The next one there, that's the west side elevation. The next one is the east side elevation. Uh there's balconies only on the north side and the west side so that there's no privacy issues with the neighbors. Um I'd like to go two slides over. That one shows the parking garage from Haley High which is directly caddy corner to this same height. So, as you see, what's happening is the area is kind of redeveloping and it's it's complying with the policy and the vision of the council, which is to increase the density and and have multi-story buildings uh on this properties. Um, this property was zoned R33 back in 2020. I was involved in the resoning and the uh land use change on the property back then. that property

owner wanted had a different project in mind. He had a two-story project that was going to be mixed use with commercial and some residential. Unfortunately, he passed away and then this developer bought the property and now with the new regulations, he's coming forth with this uh project. Um, so that is uh my presentation. If you have any other questions, I'd be happy to answer them. Thank you, Mr. Mister. Comments or questions from the board? Anyone in the audience have a comment or question? All right. What's the pleasure of the board? Motion to approve work with conditions. Second.

So we have a motion by Mr. Allesia. Second by Mr. Mason. Mr. Morales. Yes. Mr. Perez. Yes. Mr. Mason. Yes. Mr. Yes. Mrs. Ener. Yes. Mr. Allesia. Yes.

Item has been approved with conditions. Item number 10, Brian's permit to allow a lot coverage of 37.8% with 30% is the maximum lock coverage allowed and to allow an interior westside setback of 9.45 ft where 10 ft are required for an existing addition to be legalized. Properties located at 40 West 15th Street Ha R3 multiple family district applicant Carlos A. Enriquez on behalf of Ismeia M. Enriquez.

Good evening. Good evening, Mr. Chairman, members of the board, councelor. We accept the planner's recommendations for the variance. Name and address. Carlos Enriquez, 7480 Fairway Drive, sweet 205 Miami Lakes, Florida, 33014. Thank you, sir.

The property in this application is located on the south south side of West 15th Street between Palm Avenue and West 1st Avenue. The lot is approximately 6,750 ft 0 or 0.09 09 acres and is improved with a one-story 4-unit building built in 1952 according to Miami Day County property appraisal records. The property is designated as medium density residential on the city's future land use map and currently zone R3 multif family district. The reszoning I'm sorry the surrounding land use designations and zoning classification are as follows to the north medium density residential zone R3. to the east, low density residential, medium density residential and commercial zone R3, R2 um one and two family residential district and C2 liberal retail commercial district and C3 extended liberal retail commercial district to the south medium density residential and highdensity residential zone R3 to the west low density residential and medium density residential zone R1, R2 and R3. The applicant is before the city requesting a variance to allow the lock coverage of 37.8% where 30% is the maximum lock coverage allowed and to allow an interior westside setback of 9.45 ft where 10 ft are required for an existing additional to be legalized. The property received a violation number BWOP-001727-2024 in February 2024 for the construction of the rear edition without the benefit of a building permit. The application measures approximately 280 square feet and consists of a master bedroom. Following the issuance of a violation, the applicant submitted building permit number multi--00002269 69-2025 to legalize the addition. During a staff review, it was determined that the addition encroaches into the required west size setback of 10 ft. Therefore, a variance permit is required to approve and legalize the existing setback dimension. Due to the existing addition, the main structure exceed the maximum

permitted law coverage of 30% resulting in a total law coverage of 37.8%. According to the city microfilm's records, the existing structure was originally constructed as a one-story four unit building with parking spaces that back out directly onto the street. It is important to note that the backout parking spaces are only permitted for properties with low density residential and land use designation. Therefore, the existing backup permit are considered legal non-conforming. Units one through three were developed as a one-bedroom, oneb unit, while unit four, the unit where the master bedroom addition was constructed, was originally developed as a two-bedroom, oneb. The submitted plan also showed that the property meets the required purpose area providing 53.08% which exists exceeds the minimum of 30%. Uh however, the plans would not include a dumpster enclosure as required by section 78-106 of the city of Hyia code of ordinance. This section requires all dumpster to be located with an enclosed area that is screened um that is screens from the public view and allows proper access for collection. The applicant will need to update the plans to include the compliant dumpster enclosure before a building permit is issued or apply for a separate building permit to construct the required enclosure. Estab recommends approval of the requested variances since they are minor and will not negatively impact the surrounding properties. The addition maintains the existing residential character of the neighborhood and remains compatible with surrounding developments. Approval of these variances will allow the property owner to legalize the existing addition and bring the property into compliance with city requirements. Based on the applicant um request, staff recommends approval with the following condition. That the applicant needs to update the plans to include a dumpster enclosure before a building permit issue or apply for a separate building permit to construct the required enclosure. Staff recommends approval with a condition.

Thank you, Cloud. Comments or questions? You good with the uh conditions and I do. Okay. Comments or questions from the board? Anyone in the audience? All right. What's the pleasure of the board? Motion to approve with conditions. Second. Okay. So, we had a motion by Mr. Leia, second by I believe Mrs. Enrique. Mr. Mason. Yes. Mr. Perez. Yes. Mr. Mason. Yes. Mr. Yes. Mrs. Enriquez. Yes. Mr. Roya. Yes. Mr. Morales. Yes. Item has been approved with conditions. Thank you. Good evening.

Good evening. Item number 11, conditional use permit to allow a K through fifth grade private elementary school with a maximum capacity of 80 students in conjunction with a 143 children daycare center. Variance permit to allow 19 parking spaces where 30 parking spaces are required and to allow a waiver of minimum landscape requirements through landscape mitigation as for section 98-2235. Properties located at 2400 West 56th Street, Hay Alio R35, Multiple Family District. Applicant Caesar Master Exquire on behalf of Snow White and the Seven Dwarfs, Inc. Caesar Master offices at 8105 Northwest 155th Street, Miami Lakes, Florida.

The property in this application is located at the southwest intersection of West 24th Avenue and West 56th Street, Caddy Corner from Jose Martine Middle School. The site measures approximately 30,568 square feet or 70 acres according to Miami Day County appropriate appraisals records and is improved with onestory 13,000 ft² building constructed in 1988 along with parking lot providing 19 parking spaces. The property is designated as a high density uh residential in the city's future and land use map and is currently zone R35 multif family district. The surrounding land use designations and sonic classifications are as follow. To the north, highdensity residential and mayor institutions on R35. To the east, south, and west, high density residential son R35. The site has been operating as a daycare since 1992. Over time, kindergarten through fifth grade classes were added without the required conditional use permit, CUP, and change of use approval. The applicant is now before the city requesting a conditional use permit to allow a K through5 private elementary school with a maximum capacity of 80 students in conjunction with a 143 child uh child daycare and a parking variance to allow 19 parking spaces where 30 uh parking spaces are required and a waiver of minimum landscaping requirements through landscape mitigation in accordance with section 98-2235 of the city of Helia code of ordinance. the proposed educational uses permitting within the highdensity residential use designation and the R and the R35 Sonic classification subject to approval of a conditional use permit. This ensures that the proposed school and daycare um use remain compatible with the surrounding residential character where while serving community needs per section 98-21898 and nine of the code a school and daycare use of this size require 30 parking spaces and out through stacking for at least 10 vehicles. The existing

parking lot provides 19 parking spaces, including one ADA compliant space and a circular driveway that accommodate approximately 12 to 14 vehicles, including two accessible two accessible spaces. The circular driveway functions as a double lane queen uh area with a bypass lane. According to the applicant's letter of intent, the school employs seven staff members, including the administrator, and the daycare employs 10 staff members. Most of the parking spaces on site are occupied by staff during operating hours, while parents use the circular driveway for a student drop off and pickup. To ensure safe and efficient traffic flow, staff members are equipped with two-way radios to assist the student during arrival and dismissal. The school also uses bright wheels, a mobile application that notifies the staff when parents are approaching the property for drop off and pickup. This allowed the staff to prepare students ahead of time, reducing waiting times and maintaining a steady flow of vehicles um through the circular driveway. The brides the bride's wheel application also track attendance and provide real-time communication between parinet staff further improve safety and coordination. The daycare operates from 6:30 a.m. to 6:30 p.m. and the school operates from 8:00 a.m. to 3 p.m. To help manage traffic during peak hours, the owners have agreed to implement staggered arrival and dismissal times in 15 minutes interval, allowing approximately 15 students to arrive or depart at a time. In addition, many student remains in after case and after care beyond dismissal hours which help minimize congestions during peak traffic periods. However, due to the limited parking availability and the challenges associated with monitoring and enforcing the proposed stagger drop off and pickup schedule, staff recommends that the school maximum population be reduced from 80 to 50 students. This reduced enrollment will better align with the capacity of the existing out of stacking area which can safely accommodate the volume of vehicles associated with that number of students. In addition, staff

recommends that the number of a school staff member be reduced to free up parking spaces that can be designed for visitor or parent use during school hours. This adjustment will be improved uh site functionality, reduce traffic congestion along West 24th Avenue, and help maintain safe circulation within the property. Finally, the applicant will be required to mitigate the landscaping deficiencies in accordance with section 98-2235 of the city of Helia code of ordinance. The owner of the property must submit a one-time landscaping mitigation payment, the amount in which we'll be calculating during the site plan and concurrency review process. A staff recommends the following conditions that the applicant profers a declaration of restrictions for the K through five primary private elementary school with a maximum capacity of 50 students in conjunction with 143 child daycare and that the applicant obtain a change of use within the next 12 months and that the applicant provide a landscape mitigation a building permit if needed. A recommendation is um approval with conditions.

Thank you.

Thank you. We have a presentation on this one. Um as Claudia said, and I think it's very important to note, this has been operating since 1992. The city's been trying to get away from shopping centers. This is a standalone building located on the corner of 24th Avenue and 56th Street. Next slide. It's the lot right on the corner of 24th and 56th across the street from uh the schools that are there. You go to the third the skip one slide, go to the next one. This is the the one on the right on the right side shows you the corner uh where the school is located. You can see part of the circular driveway there. This is what the parents use to pick up and drop off the children. The next slide, the next slide. This will show you a better view of the circular driveway. You can see it's a standalone building by itself, fully gated, a lot of landscaping. Um, and they use this, they use the two-way radios, they use an app to help the uh parents come and pick up the children and try to do it as fast as possible. This owner of this school has several schools in the area. I can tell you that some of the attorneys for my office and some of the assistants have their children there because it's so wellrun. Um, as I said, he's been running this one since 1992. The next slide shows you their parking lot that they have only for them located on the south side of the building. The next slide is kind of important because it kind of show it shows you the on street parking that's available and that's there and that has been being used. They have it right across the street. If you see you see the cars parked there directly to the north of

the school directly to the north of Seven Snow White the school that's directly to the north. There's parking spaces there. If you look over to the right side where Jose Marti is, there's a long line of available parking on street parking there. Um, we've been going back and forth on this one with staff for a number of years. Um, and we have no problem with the conditions except the 50 uh student max. Um, my client has told me, unfortunately, he couldn't be here today. He's out of the country, but he's told me if I go to 50 Caesar, I have to close my doors. I've been open for 30 something years, but based based on that, I I can't do it. So, I've talked to to Claudia and what we we would like to do, what we're proposing is for purposes of today, we will accept the 50 uh student max. But we have agreed that we will go ahead and do a parking study to show that we we have enough parking and that we can accommodate it. And we're going to do that before second reading in the council. So, we'll accept all of the conditions with the understanding that we're going to do a parking analysis to ask the council to allow us to have the 80 students that we we we presently have. We're not asking for an increase. We're ask just asking to keep what we've had for a number of years. So, based on that, we ask you respectfully for a vote of approval. And I'd be happy to answer any questions you may have. So basically the issue here is that according to this you don't have enough parking

according to that we don't regulations according to regulations are not meeting the parking requirements for the daycare and the school right okay so you're agreeing to the conditions now correct doing a parking study review, what have you, traffic review, and while this is going on and then bring it up to the console, correct? By second reading or something. Correct. That's the idea. That's fair.

Through the chair. Yes. Is this okay with Claudia? This makes no sense to me. I I I want to help you too because it what what concerns me is not so much the reducing of the amount of children. Maybe there's a happy medium you guys could get into. maybe 60 or or 65 or 70. What concerns me is also the reduction of employees it says there. Yeah.

So if if you have less uh students, you will require less staff. So basically one will lead to the other one. However, I cannot impose any other restrictions since we don't have a parking analysis. If if they can show and they can provide proved and technical analysis that they have sufficient for what is currently right now which is at 80, then we wouldn't have an issue, you know. So, so would a postponal would be more would it be better to postpone and that way gives you the chance to do the parking analysis and everything else? I I just don't want to delay this anymore, John, because it's been going on for probably

I I know the location. I used to fix their dish. It's the the the parking is a little bit tight because when I would have to go park my truck there, I had to park by the kitchen. So, it's it's a little tight there. I know the parking area, but but uh it's it's a good school and it's it's not a bad school. It's very clean and it's wellmaintained.

So, Mr. Yo, maybe I can make a recommendation based on what you're saying because maybe you can recommend based on today the um the 50, right, with with the caveat that Caesar goes to council and if he shows that there's availability through a parking management plan for uh through his um parking plan um the availability of 80 then that it can go up to 80. But you can recommend to the council 50 uh kids until he shows that. So so get the ball going and and through through the chair. So this application um they have been dealing with these applications for two years. Okay. Even before it's so that is why I consider it's like we need to move forward with this. Okay. So then

yes. Okay. We're we're in agreement with that. Yeah. I'm good. Any more comments or questions? Anyone in the audience? All right. was the pleasure of the board. Motion to approve of those conditions. Second by the conditions. Okay. So, we had a motion by Mr. Second by Mr. and Mr. Morales. Mr. Mason. Yes. Mr. Yes. Mrs. Enriquez. Yes. Mr. Morales. Yes. Mr. Yes. Mr. Perez. Yes. Item has been approved with conditions. Thank you. Yes, sir. As customary. You know, I have to I have to hit you. Go back. Oh, I didn't hear anything.

Go back after receding hairline. Come on. Receding. You call that receding? Yeah, I know. I think somebody might pass received already. That receding is gone. How in the world did you manage to get that picture of that custom car?

Got it. I was sitting I was sitting in my car in the middle of the street and I took the fan. Yeah, but look, that's a custom car, huh? That's crazy. Oh, that's just a lab. I know. It's a Google picture. I know. I know it's a it's a double take, but it's Anyway, that that's a good school, Caesar. You know, I I They They run a really nice place. I haven't service them no more because I'm not in that area. And they have another one that's coming before you guys. That's a real petting deal with a long time. Yeah, that one is. So you like the next it would be a bad it's okay.

Miscellaneous items not requiring advertising. Item number 12, old business. Okay. No old business. Item number 13, new business. New business. I would like to take this opportunity to wish everybody a happy Thanksgiving. Happy Thanksgiving. Happy Thanksgiving. Um bubble government. stay and um enjoy it. Thank you, sir. Thank you. Thanks for you. All right. And everybody else and happy holidays.