CITY OF HIALEAH PUBLIC HEARING AUGUST 12, 2025 THE HIALEAH CITY COUNCIL AT ITS REGULARLY SCHEDULED MEETING OF JUNE 24, 2025 APPROVED THE FOLLOWING PROPOSED ORDINANCES ON FIRST READING. SECOND READING AND PUBLIC HEARING FOR FINAL ADOPTION WILL BE HELD ON AUGUST 12, 2025. ALL INTERESTED PARTIES ARE INVITED TO PARTICIPATE. THE MEETING WILL BEGIN AT 5:30 P.M. THE PROPOSED ORDINANCES WILL BE AVAILABLE FOR INSPECTION AND COPYING AT THE OFFICE OF THE CITY CLERK, 3rd FLOOR, 501 PALM AVENUE, HIALEAH, FL., FROM 8:30 A.M. TO 5:00 P.M. (Note: Due to the Miami Herald’s deadline, ordinances that are tabled, denied or withdrawn will appear in this advertisement). ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH AMENDING ORDINANCE 2018-012 WHICH BANS THE OPERATION OF MEDICAL MARIJUANA TREATMENT CENTER AND DISPENSING FACILITIES, ATTACHED HERETO AS EXHIBIT “A”; SPECIFICALLY STRIKING SECTION 2 OF THE ORDINANCE WHICH IS LEGALLY PREEMPTED BY FLORIDA LAW; BANNING THE OPERATION OF MEDICAL MARIJUANA DISPENSING FACILITIES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THE HIALEAH CITY COUNCIL AT A SPECIAL MEETING OF JULY 28, 2025 APPROVED THE FOLLOWING PROPOSED ORDINANCES ON FIRST READING. SECOND READING AND PUBLIC HEARING FOR FINAL ADOPTION WILL BE HELD ON AUGUST 12, 2025. ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, 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 RE- SPECT 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) “8.” 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. ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA 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. ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, 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. ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, 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 0 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. ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, 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. ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, 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 OF 26 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. ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, GRANTING A SPECIAL USE PERMIT (SUP) TO ALLOW THE EXPANSION OF THE NEIGHBORHOOD BUSINESS DISTRICT (NBD) OVERLAY IN RELATION TO A PROPOSED MIXED-USE DEVEL- OPMENT 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)(1). 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. ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, 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. Persons wishing to appeal any decision made by the City Council with respect to any matter considered at this meeting will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testi- mony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodations to participate in this proceeding should contact the Office of the City Clerk at (305) 883-5820 for assistance no later than two (2) days prior to the meeting. If hearing impaired, telephone the Florida Relay Service numbers (800) 955-8771 (TDD), (877) 955-8773 (SPANISH) or (800) 955-8770 (VOICE). Marbelys Fatjo, Esq., CMC City Clerk