Board rescinds prior MBD approval and approves new 39-unit fully residential plan on East Ninth Street with conditions

Hugo Arza, attorney for the applicant, asked the Hialeah Planning and Zoning Board to rescind Ordinance 2024‑040 and related recorded declaration of restrictions so his client could pursue a new, fully residential development on consolidated lots at 308, 330 and 342 East Ninth Street. "We work closely. The building was, requesting a front setback for for a while. We were able to accommodate and remove that request," Arza said while presenting the revised plan.

Staff described the consolidated site as 0.77 acres in the Central Business District; the previous ordinance had approved a mixed‑use scheme with reduced unit sizes and parking variances. The new proposal is a three‑story, fully residential building with 39 multifamily units (all one‑bedroom units proposed at 620 square feet each) and 57 parking spaces. Staff recommended approval with conditions, including a declaration of restrictions to bind development to the plans prepared by Albert Gonzalez, Architect, dated 08/27/2024, and a landscaping and irrigation plan at site-plan review.

Why it matters: The revision rescinds a prior MBD (neighborhood business district) expansion approval that required a mixed‑use component and replaces it with a fully residential project that requests smaller unit sizes than the current MBD minimum (applicant requests 620 sq ft units where 700 sq ft is the MBD minimum) and a reduced pervious-area percentage (requesting 25% where 30% is required).

Project details and incentives: The applicant said the project provides incentives that the code uses to allow increased density and height: design elements, amenities (dog park and an outdoor amenity area with a domino table), and art pieces at drive entrances. The project proposes a 10-foot front landscape buffer with canopy trees and irrigation; staff required a full landscaping and irrigation plan at site-plan stage.

Discussion and outcome: Board members asked questions and heard no public opposition. Staff and the applicant agreed to eliminate one variance previously sought for the front setback. The board voted to approve rescinding the prior ordinance and to grant the special-use permit and variances with the conditions recommended by staff; the approval was unanimous among members present.

Next steps: The developer must record the required declaration of restrictions, submit a site plan with the specified landscaping and irrigation, and obtain any required permits. The board’s recommendation will be forwarded to City Council for its review per the standard process.