City Council

Jacqueline Garcia - Roves Council Members Mayor Melinda Del La Vega Juan Junco Luis Rodriguez President Monica Perez Jesus Tundidor Carl Zogby Vice President City Council Meeting Minutes July 28, 2025 5:30 p.m. 1. CALL TO ORDER Council President Rodriguez called the meeting to order at 5:43 p.m. 2. ROLL CALL Present: Juan Junco, Council Member Melinda De La Vega, Council Member Luis Rodriguez, President Carl Zogby, Vice President Absent: Jesus Tundidor, Council Member Monica Perez, Council Member Staff Present: Marbelys Fatjo, City Clerk Rafael Suarez- Rivas, City Attorney Attendees: Jacqueline Garcia-Roves , Mayor 3. INVOCATION The invocation was led by Marbelys Fatjo, City Clerk. 4. PLEDGE OF ALLEGIANCE Council President Rodriguez led the Pledge of Allegiance. 5. MEETING GUIDELINES  The following guidelines have been established by the City Council: • ALL LOBBYISTS MUST REGISTER WITH THE CITY CLERK • As a courtesy to others, please refrain from using cellular telephones or other similar electronic devices in the Council Chamber. • A maximum of three (3) speakers in favor and three (3) speakers in opposition will be allowed to address the Council on any one item. Each speaker's comments will be limited to three (3) minutes. • No signs or placards, in support of or in opposition to an item or speaker, shall be permitted within the Council Chamber. • Any person, whether participating via the web platform, telephonic conferencing or physical presence at City Hall, interested in making comments or posing questions on matters of public concern or on any item on the agenda, may do so during the meeting. • Members of the public may address the City Council on any item pertaining to City business during the Comments and Questions portion of the meeting. A member of the public is limited to one appearance before the City Council and the speaker's comments will be limited to three (3) minutes. • The public can view public meetings on the City's YouTube page (www.Y-outube.com/citj,'.ofhialeahgov). REPORT: City Clerk, Marbelys Fatjo, announced the meeting guidelines. 6. PRESENTATIONS 7. COMMENTS AND QUESTIONS 1. Justa Azze, 788 Southeast Park Drive, Hialeah, Florida 33010 (registered speaker), displayed a video using City equipment regarding Three Friends Park. 2. Jose Azze, 788 Southeast Park Drive, Hialeah, Florida 33010 (registered speaker), spoke regarding planning and zoning. 3. Jessica Castillo, 681 West 55th Place, Hialeah, Florida 33012 (registered speaker), introduced herself as a candidate for City Council Group 3. 8. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA  1. Board Appointment Item 9 A has been amended to reflect a full term and not the remainder of a term. REPORT: City Clerk, Marbelys Fatjo, announced the Amendments/ Corrections to the Agenda. 9. BOARD APPOINTMENTS A. RESOLUTION: Proposed resolution appointing William Marrero to the Personnel Board of the City of Hialeah, as the Mayor's appointment, for a two (2)-year term, ending on July 27, 2027. (MAYOR GARCIA-ROVES) Motion to approve - Motion by Vice President Carl Zogby, seconded by Council Member Juan Junco AYE: Council Member Juan Junco President Luis Rodriguez Vice President Carl Zogby NAY: Council Member Melinda De La Vega Motion fails at the pleasure of the Council 10. CONSENT AGENDA All items listed with letter designations are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember, the Mayor or a resident so requests, in which case the item will be removed from the consent agenda and considered along with the regular order of business. Motion to approve the Consent Agenda - Motion by Vice President Carl Zogby, seconded by Council Member Juan Junco AYE: Council Member Juan Junco Council Member Melinda De La Vega President Luis Rodriguez Vice President Carl Zogby A. Request permission to approve the minutes of the City Council Meeting held on June 24, 2025 at 5:30p.m. (OFFICE OF THE CITY CLERK) APPROVED 4-0-2 with Council Member Tundidor and Council Member Perez absent.  B. Request permission to approve the minutes of the City Council Meeting held on June 10, 2025 at 5:30 p.m. (OFFICE OF THE CITY CLERK) APPROVED 4-0-2 with Council Member Tundidor and Council Member Perez absent. C. Request permission to approve the minutes of the City Council Meeting held on May 27, 2025 at 5:30 p.m. (OFFICE OF THE CITY CLERK) APPROVED 4-0-2 with Council Member Tundidor and Council Member Perez absent. 11. ADMINISTRATIVE ITEMS A. ORDINANCE: First reading of proposed ordinance amending Ordinance No. 2025-059 (the "Ordinance") which calls for, scheduling a Special Primary Election to fill the Office of City Council Member Group 3; setting Tuesday, November 4, 2025 as the date of such election; a Special General Election (Run-Off) to be held on Tuesday, December 9, 2025 if necessary, and establishing the qualifying period during business hours no earlier than 12:00 p.m. noon on Monday, July 7, 2025 and no later than 5:00 p.m. on Monday, July 28, 2025; and describing persons qualified to vote in said election; designating and appointing the City Clerk as the Official City Representative with respect to the use of such registration books and records; directing the City Clerk to give notice of this ordinance and of its adoption in the manner provided by law and transmit a certified copy to the Miami-Dade County ("County") Supervisor of Elections; providing for the Miami-Dade County Supervisor of Elections to conduct these elections and all other matters related thereto; attached hereto as Exhibit "A"; specifically amending Section 2 of the ordinance by removing Section 2.02 (c)(2) "temporary vacancy resulting from disability, suspension, court order or other lawful action." and replacing it with section 2.02 (c)(1) "permanent vacancy resulting from death, resignation, recall, court order or other lawful action." of the city of Hialeah Charter and to clarify that the candidate elected shall only serve the portion of the term of former Councilmember Group 3 - Jacqueline Garcia-Roves' term ending on November 5, 2027 or in the event of the need for a run-off election, on December 10, 2027; repealing all ordinances or parts of ordinances in conflict herewith; providing for penalties for violation hereof; providing for a severability clause; providing for inclusion in the code; and providing for an effective date. (ADMINISTRATION) APPROVED 4-0-2 with Council Member Tundidor and Council Member Perez absent. SECOND READING AND PUBLIC HEARING IS SCHEDULED FOR AUGUST 12, 2025, AT 5:30 P.M. Motion to approve -  Motion by Vice President Carl Zogby, seconded by Council Member Juan Junco AYE: Council Member Juan Junco Council Member Melinda De La Vega President Luis Rodriguez Vice President Carl Zogby B. ORDINANCE: First reading of proposed ordinance submitting to the electorate at a Special Election conducted during the Primary Election of the City of Hialeah occurring in the City of Hialeah, Florida on Tuesday, November 4, 2025, wherein the electors of the City of Hialeah, Florida shall be privileged to vote on the following question: TITLE: "HIALEAH CITY CHARTER AMENDMENT RE: RESIDENCY REQUIREMENTS FOR CITY BOARD MEMBERS". BALLOT QUESTION: "SHALL THE CITY AMEND THE HIALEAH CHARTER TO ALLOW NON-RESIDENT EXPERTS TO SERVE ON THE PERSONNEL BOARD, AND OTHER APPOINTIVE OR ELECTIVE BOARDS, EXCLUDING THE PLANNING AND ZONING BOARD, WHILE REQUIRING THAT A MAJORITY OF MEMBERS BE RESIDENT ELECTORS IN ORDER TO INCLUDE NECESSARY EXPERTS ON EACH BOARD?" Repealing all ordinances or parts of ordinances in conflict herewith; providing for conduct of the election; form of ballot; absentee ballots; Canvassing Board; certification of results; registration of voters; polling places; directing the City Clerk to cause a certified copy of this ordinance to be delivered to the Miami-Dade County Supervisor of Elections not less than forty-five (45) days prior to the Special Election; providing for inclusion in charter; providing for a severability clause and providing for an effective date. (ADMINISTRATION) REPORT: Rafael Suarez - Rivas, City Attorney, spoke on this item. Motion to approve - Motion by Vice President Carl Zogby, seconded by Council Member Juan Junco AYE: Council Member Juan Junco President Luis Rodriguez Vice President Carl Zogby NAY: Council Member Melinda De La Vega Motion/ails at the pleasure of the Council. 12. UNFINISHED BUSINESS 13. NEW BUSINESS 14. ZONING Administration of Oath to all applicants and anyone who will be speaking before the City Council on any Zoning, Land Use or Final Decision Item. Attention Applicants: a. Items approved by the City Council are subject to the Mayor's approval or veto. The Mayor may withhold his signature or veto the item. If the Mayor's signature is withheld, the item is not effective until the next regularly scheduled meeting. If the Mayor vetoes the item, the item is rejected unless the Council overrides the veto at the next regular meeting. REPORT: All were duly sworn in. 15. LAND USE AMENDMENTS A. ORDINANCE: First reading of proposed ordinance amending the Future Land Use Map from Low-Density Residential to Medium-Density Residential; Property located at 29 East 16 Street, Hialeah, zoned R-2 (One- and Two-Family Residential District), and legally described herein; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. • On July 9, 2025, the Planning and Zoning Board recommended approval. • On May 28, 2025, the Planning and Zoning Board recommended approval. • Planner's Recommendation: Approval. • Property Owners: Emanuel Perez, 3695 Northwest 74th Street, Miami, Florida 33147. APPROVED 4-0-2 with Council Member Tundidor and Council Member Perez absent. SECOND READING AND PUBLIC HEARING IS SCHEDULED FOR AUGUST 12, 2025, AT 5:30 P.M. Motion to approve - Motion by Vice President Carl Zogby, seconded by Council Member Juan Junco AYE: Council Member Juan Junco Council Member Melinda De La Vega President Luis Rodriguez Vice President Carl Zogby B. FIRST READING WILL NOT BE CONSIDERED AT TIDS TIME. ITEM IS POSTPONED FOR THE CITY COUNCIL MEETING OF AUGUST 12, 2025. ORDINANCE: First reading of proposed ordinance amending the Future Land Use Map From  Residential Office to Commercial; Property located at 705 East 8 Avenue, Hialeah, zoned RO (Residential Office District), and legally described herein; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. • On July 9, 2025, the Planning and Zoning Board recommended approval. • Planner's Recommendation: Approval. • Property Owners: Yarianne Maceda and Brian Valle, 705 East 8th Avenue Hialeah, Florida 33010. C. FIRST READING WILL NOT BE CONSIDERED AT TIDS TIME. ITEM IS POSTPONED FOR THE CITY COUNCIL MEETING OF AUGUST 12, 2025. ORDINANCE: First reading of proposed ordinance amending the Future Land Use Map From Low-Density Residential To Transit-Oriented Development District; Property located at 924 East 23 Street, Hialeah, zoned R-1 (One-family District) and legally described herein; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. • On July 9, 2025, the Planning and Zoning Board recommended approval. • Planner's Recommendation: Approval. • Property Owners: CFMC Holdings, LLC, 1356 West 76th Street, LLC, Carlos Perez, and Marlen Morales, 3695 Northwest 74th Street Hialeah, Florida 33016, 16. ZONING ITEMS A. ORDINANCE: First reading of proposed ordinance rezoning property from R-2 (One- and Two- Family Residential District) to R-3-3 (Multiple-Family District); granting a Variance Permit to allow a rear seatback of 17 feet, where 20 feet are required; allow an interior west side setback of 4.8 feet, where 10 feet are required; allow an interior east side setback of 6.5 feet, where 10 feet are required; allow O feet drainage separation at the west side of the property, where 2 feet drainage separation is required; allow lot coverage of 44%, where 30% is the maximum allowed; allow a 3.2 foot setback from the right-of-way for the dumpster enclosure, where 10 feet is required; and to allow 25% pervious area, where 30% is the minimum required, all in contrast to Hialeah Code of Ordinances §98-591, 98-590, 3-5 (h), 98-316 (3), 78-108 (c)(1) and 98-2056 (b) (1 ). Property located at 29 East 16 Street, Hialeah, zoned R-2 (One- and Two-Family Residential District) and legally described herein; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. • On July 9, 2025, the Planning and Zoning Board recommended the approval subject to conditions: o Enter into a Declaration of Restrictions stipulating that the development will consist of four residential units only, to protect the intended design of the two-story loft units as described in the plans that were prepared, signed and sealed by Manny Reus Architecture and Space Planning dated April 23, 2025.  o The project will maintain and protect the existing street trees located on the swale area during construction and at the site plan. It will provide a full landscaping and irrigation plan satisfying the minimum requirement; if not, the landscape mitigation will be calculated. • On May 28, 2025, the Planning and Zoning Board recommended the approval subject to conditions: o Enter into a Declaration of Restrictions stipulating that the development will consist of four residential units only, to protect the intended design of the two-story loft units as described in the plans that were prepared, signed and sealed by Manny Reus Architecture and Space Planning dated April 23, 2025. o The project will maintain and protect the existing street trees located on the swale area during construction and at the site plan. It will provide a full landscaping and irrigation plan satisfying the minimum requirement; if not, the landscape mitigation will be calculated. • Planner's Recommendation: Approval with conditions. • Property Owners: 29 E. 16th ST LLC and Emanuel Perez, 3695 Northwest 74th Street, Miami, Florida 33147. APPROVED 4-0-2 with Council Member Tundidor and Council Member Perez absent. SECOND READING AND PUBLIC HEARING IS SCHEDULED FOR AUGUST 12, 2025, AT 5:30 P.M. Motion to approve - Motion by Vice President Carl Zogby, seconded by Council Member Juan Junco AYE: Council Member Juan Junco Council Member Melinda De La Vega President Luis Rodriguez Vice President Carl Zogby B. ORDINANCE: First reading of proposed ordinance granting a Variance Permit to allow a lot width of 50 feet, where 75 feet is the minimum required; allow a total lot area of 6,400 square feet, where 7,500 square feet is the minimum required; allow one of the parking spaces to be located at the front setback, where parking in the front setback is not allowed; allow a 2.6 foot landscape buffer, where minimum of 7 feet is required, allow a 10-foot-wide two-way direction accessway, where a 20-foot-wide two-way direction accessway is required; and allow 18% pervious area, where 20% is the minimum required; all in contrast to Hialeah Code of Ordinances §98-779, 98- 782, 98-2188(a)b., 98-781(5), and in contrast to the Hialeah Landscape Manual, dated December 13, 2022, Section "E", entitled "Tree And Lawn Requirements by Zoning Classification". Property located at 520 East 49 Street, Hialeah, zoned RO (Residential Office District) and legally described in Exhibit "A"; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. • On July 9, 2025, the Planning and Zoning Board recommended approval subject to the condition that they must submit landscaping and irrigation plans that meet the City's  minimum landscaping regulations. If the minimum requirements are not met, landscape mitigation shall be required. • On May 28, 2025, the Planning and Zoning Board recommended approval subject to the condition that they must submit landscaping and irrigation plans that meet the City's minimum landscaping regulations. If the minimum requirements are not met, landscape mitigation shall be required. • Planner's Recommendation: Approval of the variances with conditions. • Registered Lobbyist: Frank de la Paz, 11000 Southwest 104th Street 2804 Unit 2804, Miami, Florida 33116 on behalf of Arno Lemus, Jr. • Property Owners: Arno Lemus and Vanessa Stello, 520 East 49 Street, Hialeah, Florida 33013. APPROVED 4-0-2 with Council Member Tundidor and Council Member Perez absent. SECOND READING AND PUBLIC HEARING IS SCHEDULED FOR AUGUST 12, 2025, AT 5:30 P.M. Motion to approve - Motion by Vice President Carl Zogby, seconded by Council Member Juan Junco AYE: Council Member Juan Junco Council Member Melinda De La Vega President Luis Rodriguez Vice President Carl Zogby C. ORDINANCE: First reading of proposed ordinance granting a Conditional Use Permit (CUP) pursuant to the City of Hialeah Code of Ordinances §98-181 to allow a kindergarten class with a maximum capacity of26 students. Property located at 3300 East 4 Avenue, Units 9-10, Hialeah, zoned C-2 (Liberal Retail Commercial District) and legally described herein; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. • On July 9, 2025, the Planning and Zoning Board recommended the approval subject to conditions: o Submit building permits for a change of use according to the plans submitted, no later than 3 months from the date of council approval. o Enter into a Declaration of Restrictions prior to the second reading of the ordinance that restricts the maximum capacity to 26 school children in kindergarten; only at units 9 and 10 of the shopping center. • On May 28, 2025, the Planning and Zoning Board recommended the approval subject to conditions: 0 Submit building permits for a change of use according to the plans submitted, no later than 3 months from the date of council approval. 0 Enter into a Declaration of Restrictions prior to the second reading of the ordinance that restricts the maximum capacity to 26 school children in kindergarten; only at units 9 and 10 of the shopping center. • Planner's Recommendation: Approval of the Conditional Use Permit with conditions. • Registered Lobbyist: Al Cruz, 16251 SW 81st Street, Miami, Florida 33193, on behalf of Curious Minds Learning Center Corp.  • Property Owners: Yaima Simon, John C. Martinez, and Sophia Gutierrez, 3300 East 4th Avenue Suie 9-10, Hialeah, Florida 33013. APPROVED 4-0-2 with Council Member Tundidor and Council Member Perez absent. SECOND READING AND PUBLIC HEARING IS SCHEDULED FOR AUGUST 12, 2025, AT 5:30 P.M. REPORT: Al Cruz (registered lobbyist), 16251 SW 81st Street, Miami, Florida 33193, spoke on this item. Motion to approve - Motion by Vice President Carl Zogby, seconded by Council Member Juan Junco AYE: Council Member Juan Junco Council Member Melinda De La Vega President Luis Rodriguez Vice President Carl Zogby D. ORDINANCE: First reading of proposed ordinance granting a Special Use Permit (SUP) to allow the expansion of the Neighborhood Business District (NBD) overlay in relation to a proposed mixed-use development including 32 residential units and approximately 3,520 square feet of commercial space, pursuant to Hialeah Code of Ordinances §98-161; granting a variance permit to allow 56 parking spaces, where 77 parking spaces are required; allow 21 % pervious area, where 30% is the minimum required, and allow a partial waiver of minimum landscape requirements through landscape mitigation as per Sec. 98-2235; all in contrast to Hialeah Code of Ordinances §98-2189(4)(j), and 98-2056(b)(l). Properties located at 901 East 2 Avenue and 925 East 2 Avenue, Hialeah, zoned CR (Commercial Residential District) and legally described herein; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. • On July 9, 2025, the Planning and Zoning Board recommended the approval subject to conditions: o Conditions: o Provide a Declaration of Restrictions and Unity of Title to include timelines for redevelopment and valet services required if any parking overflow occurs. Truck loading and unloading is going to occur within the designated loading area at all times. o Sidewalks and curbs need to be redone along East 9th Street and East 2nd Avenue to eliminate parking on sidewalks. o A CBS wall designed to be six feet high is required along the north side of the property line. Lush landscaping is to be provided along the north and east side. • On May 28, 2025, the Planning and Zoning Board recommended the approval subject to conditions: o Conditions: o Provide a Declaration of Restrictions and Unity of Title to include timelines for redevelopment and valet services required if any parking overflow occurs. Truck  loading and unloading is going to occur within the designated loading area at all times. o Sidewalks and curbs need to be redone along East 9th Street and East 2nd Avenue to eliminate parking on sidewalks. o A CBS wall designed to be six feet high is required along the north side of the property line. Lush landscaping is to be provided along the north and east side. • Planner's Recommendation: Approval with conditions. • Property Owners: Roque G. Rodriguez, 1425 West 5th Court, Hialeah, Florida 33010, Jason J. Rodriguez, 532 East 52nd Street, Hialeah, Florida 33013, Jose L. Rodriguez, 3401 Northwest 20th Street, Miami, Florida 33142, Enrique A. Rodriguez, 465 Ocean Drive Apt 404, Miami Beach, Florida 33139, Jeremy M. Rodriguez, 1450 Lincoln Road Apt 607, Miami Beach, Florida 33139, Christian A. Rodriguez, 210 172nd Street Apt 242, Sunny Isles Beach, Florida 33160, Alejandro R. Rodriguez, 751 East 37th Street, Hialeah, Florida 33013, Barbara Rodriguez, c/o Morales-Rodriguez PA at 901 East 2nd Avenue, Hialeah, Florida 33010. REPORT: Claudia Hasbun, Interim Planning and Zoning Director, spoke on this item. REPORT: Edna Morales - Rodriguez (applicant), spoke on this item. REPORT: Rafael Suarez-Rivas, City Attorney, spoke on this item. Motion by Council Member Melinda De La Vega, seconded by Council Member Juan Junco AYE: Council Member Juan Junco Council Member Melinda De La Vega President Luis Rodriguez NAY: Vice President Carl Zogby Motion/ails at the pleasure of the Council Motion to postpone the item until the City Council Meeting of August 12, 2025. AYE: Council Member Juan Junco Council Member Melinda De La Vega President Luis Rodriguez NAY: Vice President Carl Zogby Motion passes with a 3-1-2 vote with Council Vice President Zogby voting "No", and Council Member Tundidor and Council Member Perez absent. E. ORDINANCE: First reading of proposed ordinance granting a Special Use Permit (SUP) to allow the operation of a solid waste intermodal rail facility in conjunction with the existing solid waste collection operated by Waste Connections of Florida, pursuant to Hialeah Code of Ordinances §98-161; granting a variance permit to allow the expansion of a legal non-conforming use established within the M-1 (Industrial District) zoning district, and allow 6.6% pervious area, where 10% is the minimum required; all in contrast to Hialeah Code of Ordinances §98-377 (a), and in contrast to the Hialeah Landscape Manual, dated December 13, 2022, Section "E", entitled "Tree and Lawn Requirements by Zoning Classification". Properties located at 4150 Northwest 37 Court, 4170 Northwest 37 Court, 4180 Northwest 37 Court, 4204 Northwest 37 Court, 3757 Northwest 38 Street, 3828 Northwest 37 Court, 4100 Northwest 37 Court, and 4070 Northwest 37 Court, Hialeah, zoned M-1 (Industrial District) and legally described in exhibit "A"; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. • On July 9, 2025, the Planning and Zoning Board recommended the approval subject to conditions: o Any substantial increase (20% or more) of the current weekly solid waste tonnage operation, plus the proposed daily tons per day for the intermodal, will require a revised traffic analysis and operation plan to the City. o Increase the landscaping buffering along the west side of the property and modify the proposed west fence for a solid wall similar to the existing wall on the east side of the property; a counter design from the proposed plans is included as Exhibit "A." o Seek the potential of constructing and permitting a rail track pedestrian crossing to facilitate connectivity between the Tri-rail Station and the subject property as site visits indicated that there is pedestrian activity; 0 Submit a progress and maintenance report annually to the City Council every June, detailing all the accepted conditions, improvements, and pending items. The report needs to include any code and/or building and business license violations and their status, if any. 0 The City and the Waste Connection Facilities, or their successors, agree that the parties shall consider terminating or modifying the solid waste disposal operations from the Hialeah Campus by 2055 or when the new Miami-Dade County waste-to-energy facility becomes operational and solid waste capacity becomes available, whichever occurs first. 0 No additional Mist Fresheners in the new facility. • On May 28, 2025, the Planning and Zoning Board recommended the approval subject to conditions: o Any substantial increase (20% or more) of the current weekly solid waste tonnage operation, plus the proposed daily tons per day for the intermodal, will require a revised traffic analysis and operation plan to the City. o Increase the landscaping buffering along the west side of the property and modify the proposed west fence for a solid wall similar to the existing wall on the east side of the property; a counter design from the proposed plans is included as Exhibit "A." o Seek the potential of constructing and permitting a rail track pedestrian crossing to facilitate connectivity between the Tri-rail Station and the subject property as site visits indicated that there is pedestrian activity; o Submit a progress and maintenance report annually to the City Council every June, detailing all the accepted conditions, improvements, and pending items. The report needs to include any code and/or building and business license violations and their status, if any.  o The City and the Waste Connection Facilities, or their successors, agree that the parties shall consider terminating or modifying the solid waste disposal operations from the Hialeah Campus by 2055 or when the new Miami-Dade County waste-to-energy facility becomes operational and solid waste capacity becomes available, whichever occurs first. o No additional Mist Fresheners in the new facility. • Planner's Recommendation: Approval with conditions. • Registered Lobbyist: Martiza Haro Salgado, Melissa Tapanes Llahues, and Benjamin R. Sherry, 200 South Biscayne Boulevard, Suite 300, Miami, Florida 33131 on behalf of Waste Connections of Florida, Inc. • Property Owners: Waste Connections of Florida, LLC, 200 S. Biscayne Boulevard., Suite 300, Miami, Florida 33131. APPROVED 4-0-2 with Council Member Tundidor and Council Member Perez absent. SECOND READING AND PUBLIC HEARING IS SCHEDULED FOR AUGUST 12, 2025, AT 5:30 P.M. REPORT: Melissa Tapanes Llahues (registered lobbyist), 200 South Biscayne Boulevard, Suite 300, Miami, Florida 33131, spoke on this with a presentation shown using City equipment. REPORT: Council Vice President Zogby spoke on this item. Motion to approve - Motion by Vice President Carl Zogby, seconded by Council Member Melinda De La Vega AYE: Council Member Juan Junco Council Member Melinda De La Vega President Luis Rodriguez Vice President Carl Zogby F. FIRST READING WILL NOT BE CONSIDERED AT THIS TIME. ITEM IS POSTPONED FOR THE CITY COUNCIL MEETING OF AUGUST 12, 2025. ORDINANCE: First reading of proposed ordinance repealing and rescinding City of Hialeah Ordinance No. 2011-16 (attached hereto as Exhibit "A"); rezoning property from RO (Residential Office District) to B-1 (Highly Restricted Retail District); granting a Variance Permit to allow a front setback of 6 feet, where 20 feet are required; allow street-side setback of 5.5 feet, where 10 feet are required; and to allow 12 parking spaces, where 13 parking spaces are required; all in contrast to Hialeah Code of Ordinances §98-929, 98-2088(b) and 98-2189(7). Property located at 705 East 8 Avenue, Hialeah, zoned RO (Residential Office District) and legally described herein; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. • On July 9, 2025, the Planning and Zoning Board recommended the approval subject to the condition that the property shall be developed and used in accordance with the plans prepared by Octavio Santurio, Architect, signed and dated April 14, 2025. • Planner's Recommendation: Approval with conditions. • Property Owners: Brian Valle, 10811 Northwest 7th Street Apt 14 Miami, Florida 33134 G. FIRST READING WILL NOT BE CONSIDERED AT THIS TIME. ITEM IS POSTPONED FOR THE CITY COUNCIL MEETING OF AUGUST 12, 2025. ORDINANCE: First reading of proposed ordinance repealing and rescinding City Of Hialeah Ordinance No. 2024-040 (attached hereto as Exhibit "A"); granting a Special Use Permit (SUP) to allow the expansion of the Neighborhood Business District (NBD) overlay in relation to a proposed multifamily Development Including 39 Residential Units, Pursuant To Hialeah Code Of Ordinances §98-161; Granting A Variance Permit To Allow 39 Multifamily Units (100%) With An Area Less Than 700 Square Feet, Where 700 Square Feet Is The Minimum Required, And Only 25% Of Residential Units May Have A Minimum Area Of 500 Square Feet; Allow Residential Use Only, Where Mixed Use Is Required; Allow Residential Use On The Ground Floor, Where Residential Use Is Only Allowed Above The Ground Floor; Allow 25% Pervious Area, Where 30% Is The Minimum Required; Allow A Partial Waiver Of Minimum Landscape Requirements Through Landscape Mitigation As Per Sec. 98-2235; And To Release The Existing Declaration Of Restrictive Covenants Recorded In The Official Record Book 34239, Page 2016 Of The Public Records Of Miami- Dade, Florida; All In Contrast To Hialeah Code Of Ordinances §98-637(3) A., 98-1614 (B), 98-2056(b)(l). Property located at 308 East 9 Street, 330 East 9 Street, and 342 East 9 Street, Hialeah, zoned CR (Commercial Residential District) And legally described herein; Repealing All Ordinances Or Parts Of Ordinances In Conflict Herewith; Providing Penalties For Violation Hereof; Providing For A Severability Clause; And Providing For An Effective Date. • On July 9, 2025, the Planning and Zoning Board recommended the approval subject to conditions: o Conditions: ■ Provide a Declaration of Restrictions to develop the property according to the plans submitted by Albert Gonzalez, Architect, PA, dated August 27th, 2024. ■ Provide full landscaping and irrigation plans for the site plan and concurrency process. • Planner's Recommendation: Approval with conditions.  • Property Owners: Two One Plaza, LLC, a Florida limited liability company; and Prestige Companies. H. FIRST READING WILL NOT BE CONSIDERED AT THIS TIME. ITEM IS POSTPONED FOR THE CITY COUNCIL MEETING OF AUGUST 12, 2025. ORDINANCE: First reading of proposed ordinance rezoning property from R-3 (Multiple-Family District) to R-3-5 (Multiple-Family District); granting a Variance Permit to allow a front setback of 10 feet, where 25 feet are required for the ground floor; allow a front setback of 7 feet, where 25 feet are required for balconies fronting West 2 Avenue; allow an interior South setback of 5 feet, where 10 feet are required; allow a street side setback of 5. 75 feet, where 15 feet are required; allow a lot coverage of 41 %, where 30% is the maximum allowed; allow A 2-foot landscape buffer fronting West 27 Street, where a minimum 7-foot buffer is required; and allow 8 parking spaces, where 10 parking spaces are required, all in contrast to Hialeah Code of Ordinances §98-589; 98- 590; 98-2189 (19)b; and Section(s) "E" entitled "Tree and Lawn Requirements by Zoning Classification" and "D.(7)" Entitled "Shrubs, Vines, Ground Covers, Mulch, Buffers, Plant Quality, Storm Water Retention+ Detention Areas, Native Species And Landscape Mitigation." of the Hialeah Landscape Manual, updated July, 2025. Property located at 190 West 27 Street, Hialeah, zoned R-3 (Multiple-family District) and legally described herein; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. • On July 9, 2025, the Planning and Zoning Board recommended the approval subject to conditions: o Conditions: ■ The site shall be developed in substantial accordance with the submitted plans developed by Rosario Montero, P.E., signed and dated on May 28th, 2025. ■ The parking space encroaching onto the required 10-foot visibility triangle at the northeast comer of the site shall be designated for compact cars only in order to preserve visibility and safety. ■ A revised site plan showing proposed on-street parallel parking spaces shall be submitted during the site plan and concurrency review process, subject to the review and approval of the Streets Department. • Planner's Recommendation: Approval with conditions. • Registered Lobbyist: Vanessa M. Bertran, P.A., 45 Almeria Avenue Coral Gables, Florida 33134, on behalf of PHAT Investments, LLC • Property Owners: Phat Investments, LLC, a Florida limited liability company and Adrian Aigster- Henriquez, 11559 North Kendall Drive Miami, Florida 33176. I. FIRST READING WILL NOT BE CONSIDERED AT THIS TIME. ITEM IS POSTPONED FOR THE CITY COUNCIL MEETING OF AUGUST 12, 2025. ORDINANCE: First reading of proposed ordinance approving a Final Plat of Safely Store Tract; accepting all dedication of avenues, streets, roads or other public ways, together with all existing and future planting of trees, shrubbery and fire hydrants; Property legally described herein; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. • On July 9, 2025, the Planning and Zoning Board recommended approval.  • Planner's Recommendation: Approval. • Property Owners: SS RE 1 Hialeah LLC, a Delaware limited liability company. J. THE PUBLIC HEARING WILL NOT BE CONSIDERED AT THIS TIME. THE ITEM NEEDS TO BE RE-NOTICED BY THE PLANNING AND ZONING DIVISION. Recommendation of denial from the Planning and Zoning Board for the granting of a Variance Permit to allow the expansion of an existing non-conforming 256 square feet manual carwash business granted by Ordinance 90-139 issuing a Special Use Permit (SUP) to allow said use on property zoned B-1 (Highly Restricted Retail District), where manual carwash use has never been an allowed use in the B-1 zoning classification; where manual carwash is not a permitted use under Section 98-1987; where non-conforming manual carwashes are only allowed on properties zoned C-1 (Restricted Retail Commercial District) and C-2 (Liberal Retail Commercial District); and where a Declaration of Restrictive Covenants has been proffered in 1990 stating that the manual carwash would comply with Sections A through G of Ordinance No. 89-81; the proposed expansion includes the construction of an additional 460 square feet structure replacing an existing 460 square feet metal roof built without the benefit of a building permit and in violation of the 1990 proffered Declaration of Restrictive Covenants and that is inconsistent with current building code requirements; Variance Permit to allow 104 parking spaces, where the existing shopping center was approved with 106 parking spaces, and where 115 parking spaces are required and Variance Permit to allow landscape mitigation of 15 canopy trees, where only 4 canopy trees currently exist at the site that was originally approved with 20 canopy trees; property is located at 5350 West 12th Avenue, Hialeah, zoned B-1 (Highly Restricted Retail District). • On May 27,2025, the item was postponed by the City Council until the City Council Meeting of June 10, 2025. • On May 13, 2025, the item was postponed per the applicant's request until the City Council Meeting of May 27, 2025. • On April 22, 2025, the item was postponed per the applicant's request until the City Council Meeting of May 13, 2025. • On April 9, 2025, the Planning and Zoning Board recommended denial of the item. • Planner's Recommendation: Approval of the expansion of non-conforming use, parking variance and landscape mitigation variance with conditions. • Property Owners: Jacinto Lam c/o Javier Gaitan, P.O Box 278433, Miramar, Florida 33027. 17. FINAL DECISIONS 18. ADJOURNMENT Council President Rodriguez adjourned the meeting at 6:44 p.m. NEXT CITY COUNCIL MEETING: Tuesday, August 12, 2025 at 5:30 p.m. Anyone wishing to obtain a copy of an agenda item should contact the Office of the City Clerk at (305) 883-5820 or visit at 501 Palm Avenue, 3rd Floor, Hialeah, Florida, between the hours of 8:30 a.m. and 5:00 p.m. Persons wishing to appeal any decision made by the City Council, with respect to any matter considered at the meeting, will need a record of the proceedings and, for such purposes, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. An ordinance or resolution shall become effective when passed by the City Council and signed by the Mayor or at the next regularly scheduled City Council meeting, if the Mayor's signature is withheld or if the City Council overrides the Mayor's veto. If the Mayor's veto is sustained, the affected ordinance or resolution does not become law and is deemed null and void. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodations to participate in the proceeding should contact the Office of the City Clerk at (305) 883-5820 for assistance no later than two (2) days prior to the proceeding; if hearing impaired you may telephone the Florida Relay Service at (800) 955-8771 (TDD), (877) 955-8773 (Spanish) or (800) 955-8770 (Voice).