Hialeah board backs rezoning to create restaurant parking after neighbors press for stronger conditions

The Hialeah Planning & Zoning Board on Wednesday recommended approval of rezoning 390 East 43rd Street from R‑1 one‑family to P (parking) to provide a 26‑space lot to serve the nearby restaurant at 4290 East 4th Avenue.

Attorney John Lucas, representing the property owner, told the board the unified site plan and recent adjacent approvals addressed past concerns and would resolve unauthorized street parking that has affected nearby homes. "We accept staff's recommendations and we implore the board to simply approve the change," Lucas said.

Neighbors urged the board to deny the rezoning, saying prior suggested conditions were not followed after the city council previously denied the owner's application. "The owner was required to install signage to prevent patrons from parking in front of the homes and littering in the neighborhood. These signs have never been installed," said resident Teresa Mahas, who said she provided dated photographs of alleged violations.

Staff described the vacant lot, demolished in 2021, and recommended approval subject to conditions including a recorded declaration restricting the lot’s use to serving the restaurant, unifying the subject parcel with adjacent commercial parcels by unity of title, the installation of perimeter walls and landscaping, submission and finalization of building permits (including BLDR‑011227‑2024), and curb and gutter improvements along East 43rd Street.

Board members and counsel negotiated additional conditions on the record: increasing the southern perimeter wall to 8 feet where feasible, limiting signage visible from the public right‑of‑way to directional or necessary traffic control, requiring that all deliveries occur within private property (not in the right‑of‑way), and requiring the applicant to maintain swales and pick up litter adjacent to the site. Counsel advised that conditions the council denied previously were not enforceable unless attached to an approval recorded against the property.

Motion and vote: The board moved to approve the rezoning with the stated conditions (motion by Mr. Allesius; second by Mr. Castanos). The board recorded roll‑call votes and approved the recommendation with one member voting no. The board’s recommendation will now go to Hialeah City Council for final action.

The board’s packet and staff report cite code sections and prior ordinances that informed the staff recommendation; the applicant must record the declaration of restrictions and obtain all required permits before on‑site work begins. If neighbors continue to report violations, staff said those concerns should be routed to code enforcement for investigation.