City Council - Regular Meeting

Call to order. Mr. De La present. Miss Perez. Mr. Rodriguez present. Mr. Tunidor is absent. Mr. Zagby here. Mr. President, you have enough members to conduct business. Thank you so much. Thank you for the closing the doors back there. Appreciate that. Uh roll call, excuse me, a vocation led by you. Lord, we ask for your continued blessing upon our city. We ask that you grant the members of this council wisdom and understanding in every decision they face. Amen.

Thank you. And our new elected council woman, please lead us in our pledge of allegiance. of the United States of America and to the republic stands one nation under God, indivisible, with liberty and justice for all. Thank you. Next item.

Meeting guidelines. 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 speakers in favor and three speakers in opposition will be allowed to address the council on any one item. Each speaker's comments will be limited to three minutes. No signs or plaque cards in support of or in opposition to an item or speaker shall be permitted within the council chamber. Any person 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 minutes. Individuals should be respectful of the elected officials and staff and make every effort to speak with a moderate tone using appropriate language and avoiding personal attacks. Members of the public in the audience shall refrain from shouting or making remarks from their seats to the mayor, council members or staff sitting on the deis. The public can view public meetings on the city's YouTube page.

Thank you. Um please this time uh just so you can know everybody whoever is going to make a comment or a conversation pleases it's going to be three minutes and please this time any disrespect for anybody will be immediately handled going forward. So please do what you got to do. Thank you. The first registered speaker or the only registered speaker is Oolinda Lichenberg.

Yes ma'am. Welcome. Name and address, please. Name and address. Thank you. Thank you. 1740 West 72nd Street. Thank you, ma'am. Welcome. Thank you. Please.

Oh, thank you. Uh, yes. Um, I am a senior citizen, longtime resident of the city of Hayalia and taxpayer. I am here to respectfully request a waiver of a 250 code enforcement fine and to advocate for procedural reforms in code enforcement. For the past month, I have been trying to resolve this fine. I never saw the original violation notice. I was told it was hunk of my gate, but probably the winter rain likely carried it off. On Saturday, October 11 afternoon, I found on my door a notification from the postal service advising that did not deliver one of my emails because a signature was required. Because of my work schedule, I was not able to pick up this mail until the following Saturday, then 1825. Imagine my surprise when I found out that it was a notification of a fine. Right away, I called and left a message on the voicemail of code in Fortnite and follow up with phone calls on Monday 10:20. When I finally reached inspector that assess the fine, he informed it was due to my car parked on my driveway without attack. I informed I did not know that it was illegal because my car was parked facing my backyard inside my driveway enclosed by a gate. Therefore, it was not jeopardizing the lives of any residents as stated on the code code enforcement form. I also express that 250 was very hefty. He says he will re inspect and see what he could do for me. I asked if covering the car will fix the problem and he said yes. Despite my quick compliance, followup was hampered by poor communications and delays

causing the short window to request a hearing to expire. I every time I call when that cause the inspector informed he was too busy to come to my property to verify if the correction was made. Even when I came to see him on November 3rd, he said he was very busy, but he was he was going to try. Finally, when on the morning after I called on November 5th, the inspector called me on the afternoon stating he finally went to my property on that day, confirmed the car was in compliance, but that he lack authority to waste the fine because his supervisors were the only one that could do it. One of them returned my call and assured me they would address it. But as of today, nothing has been resolved. Please note, if the mailman would have not done his job right, I would have had no idea to this day that I had a code violation. When I asked why I was not giving a warning before assessing the fine, I was told they do not need to do that. When I asked why the inspectors did not leave a notification on my door the day when he went to my property. I was told they left him hanging on the gate and if I did not see it could be that the rain or wind took care of it. This ordeal reveal that's it.

Yes, ma'am. May I? Mayor. Okay. Well, I don't know if the president is going to give me more time, but um if you go see Lorena, she's going to take down your information so that we can help you with your situation. So could just Yes. Go ahead and finish my

Thank you. This ordeal revealed serious flaws in the process. I was never given a warning before being fined. Communication and followup were poor. As a senior citizen, I found the process confusing and disheartening. I was asked I asked that this 25 fine be dismissed and urged the board to implement reforms, improve communication, ensure proper notice and record keeping set reasonable timelines for compliance and appeals and show consideration for senior citizens. Please change the current coding form. Thank you ma'am. So Lorena, can you please help help her out and also Alex? Thank you. Thank

appreciate that. Thank you. There are no further registered speakers. Next item, please. Announcements of amendments and corrections to the agenda. The proposed ordinance for administrative item 13A and zoning item 19A have been updated. Consent items HI and double M have been withdrawn from today's agenda.

Okay. So next slide. Proposed resolution appointing blank as acting council member to fill the temporary vacancy on the Hyia city council group 4 resulting from the results of the city of Halia primary election held on November 4th, 2025 and certified on November 7th, 2025 and to exercise all authority of the office of council member and to serve that portion of the term of council member until December 12, 2025 at noon pursuant to city of Halia charter section. 2.02 subsection C2.

Okay. Thank you, M. Mr. Council President, I just want to add as a technical note and um remind the members, the administration that this is a very very short duration uh appointment because there is a uh runoff for that seat and the runoff will be decided on or about December 9th and the swearing in will be on or about December 12th. So it would be for that extremely short interval of Okay, thank you. Do we have do we have a motion for anybody? We only had one applicant, Alejandra Cortina. The council can decide what you want to do with this item. You have to go through with it if you want. You It's just It was on there as an option and

Gotcha. I I thought we had a vote on it. to you can you could well yes you do need to but if you decide for example if the council finds I I believe you know the charter says what it says but laws have to be interpreted reasonably and this is like I said is a very very very short duration we're on November 18th so if the council decides in its wisdom that the interval of time is of such short duration that that uh you know there's there's insufficient time you you simply decide not to move forward but I It's our duty just to report it to you and and tell you that you know um certainly for Thank you. Yeah. Thank you.

Council have a motion to move forward as far as not does no motion uh through the chair. No motion constitutes as no vote, right? Yes. Uh if if there is no motion to to move an an applicant or uh you know uh yesers there's no no vote, no action. Thank you, sir. Uh well, if if you if you don't uh if you don't act on it, uh I I Yeah, you can do that, but if you don't act on it, you're you're in effect saying that you're not going to appoint someone for that. Uh which I think would thank you

through the chair. Um, and I'm sorry because I was speaking um to Frank, but how many applicants did we have? One, which was Alejandra Alejandra. Okay, I saw that one.

I mean, I I'll I'll just say that um you know, I I think Alejandra is is a great candidate. I think she's a she she's a great person. Um seeing her work in the community, but I do think the time frame is very short, right? So I think um this this would be the only meeting um so I just I and n okay I don't think Alejandra is here. I haven't seen her. Uh but I do think it's a short period of time. I think we have also um we're currently in the process of of that election. So I would I would think right now it doesn't make sense to to appoint somebody at this time. So my my vote would be no.

Thank you. So, we don't have a motion. Move on, please, to the next item. Item 10A, election by the city council of one of its members as council president pursuant to section 3.01 subsection C of the charter of the city of Hyia. Thank you. So, my recommendation also this is to be td when we have a full council motion to get a motion. Sir, would that be until January 13th? 13th, I'm sorry. We have a motion. Can I have a second? Right. I second. Thank you. Please take role. Mr. Zagby? Yes. Mr. Laa?

Yes. Miss Perez? Yes. Mr. Rodriguez? Yes. Motion carries. The item is postponed until the city council meeting of January 13, 2026. Thank you. And and Mr. President, if I may add, um, you do want to take it up at that earliest opportunity because of the charter language about appointing someone and by past practice, I believe that what you've done is we've just continued with the officers we have now until that time. Correct. All right. Thank you. Next item, please. Election by the city council of one of its members as council vice president pursuant to section 3.01 subsection C of the charter of the city of Halia. Thank you, council. Can we have a motion at table? Um, a motion for table. Yes.

Motion for motioning. Yeah. Please take role. Mr. Lavega. Yes. Miss Perez? Yes. Mr. Rodriguez? Yes. Mr. Zagby? Yes. Motion carries. The item is postponed until the city council meeting of January 13, 2026. Thank you. Next item, please. Proposed resolution reappointing Diego Perez as a member of the planning and zoning board for a two-year term beginning on June 29th, 2025 and ending on June 28th, 2027.

Thank you. I do want to say something. He is my appointee. And Diego, where's Diego at? Sorry. And Diego is an honor to appoint you again or try to get your votes. You've been a hard worker, always there on time. And I want to thank you for the years of service you've been at the board. How many years yours is already?

Thank you, sir. Thank you. Address, please. I have been honored. Name and address. Sorry. Oh, name and address. Diego Perez, 501 Palma Avenue Flooding is zoning. Thank you. I have been honored and privileged to serve the city for 30 years. for 30 years being reappointed over and over and over again. I think I have proven my loyalty to the city, wisdom, and my services. So, thank you. If you all reappoint me again, I won't let you down. Thank you, Diego. Appreciate that. Thank you. Motion, sir. This item requires five votes.

Diego, I'll vote. We got to wait. I did not know that. I guess uh I'll see you next January 13th. You can see me tomorrow. Actually, I did not know that. Diego need a fight. That's okay. You can see me tomorrow in the planning zone meeting. Thank you. Thank you, sir. Thank you. Is that uh uh one second. Was it till January or till December that you want? We can postpone till December and hopefully we'll have five council members present. Okay, let's postpone till December then. Thank you, Dio.

So, next thing. So, so item 11B, we'll read it into the record, but it's the same situation. We don't have sufficient members to approve the item proposed resolution reappointing is Smiley Glaciius as a member of the planning and zoning board for a two-year term beginning on September 10th, 2024 and ending on September 9th, 2026. Thank you. Next item, please. The consent agenda. Yes, council. Oh, motion.

So, there is an item um that I right that because of the code and where where my employment is at, I want to make sure that there's no conflict of interest in that. And there isn't but um there isn't any conflict of interest as I understand from you uh council member you work at the same company as uh this uh gentleman who was being considered for uh it's for the insurance it's for the insurance okay so oh all right okay uh so I need to abstain from that

so the conflict of interest arises I'll I'll make it very simple under state law when the vote in yours that is acrru to your private or pecuniary interest if your employment and I I don't know that offand but if your employment has nothing to do with whether this goes to that firm or not in the sense that it will not affect your compensation in any way. No bonus, no extra, you know, you do not have a conflict under state law. Correct. Right. There's no conflict. All right. So, because there is Right. Correct. There isn't no there is not a conflict. Uh there's there's no conflict under the applicable law. Got a motion. Can I have a second? Second.

Please take role. Thank you. Miss Perez. Yes. Mr. Rodriguez. Yes. Mr. Zagi? Yes. Mr. Dea? Yes. Motion carries. The consent agenda has passed. Thank you.

Next item. All right. Sorry. Second reading and public hearing of proposed ordinance providing a relief of $200 as is set forth in the annual budget to city of Halia property owners within the city who have a current homestead exemption under section 196.031 Florida statutes. Payment to be made by the city 60 days after adoption. Repealing all ordinances or parts of ordinances in conflict here with providing penalties for violation hereof. Providing for a seability clause. Providing for an effective date and a sunset clause.

Thank you, council. The second reading. Yes. Sorry. Name and address.

Jose Ali 788 Southeast Park Drive. Uh good evening everybody and welcome to uh congratulations to everybody that won. I first want to thank Councilwoman Perez and Councilwoman Dega. The department of transportation is doing a big project. They're going to do ramps over Ljun Road to free up the the traffic for that freedom park. So Ljun doesn't have no no stop and council woman Perez's daughter was sick and she came and it was Melinda's annivers anniversary. happy anniversary and she came to the meeting so I want to thank you for that. Yeah, you know this is not a good idea at all. We barely have employees as it is right now. It's very hard for the department. You weren't here last meeting. I showed pictures when I was the director of Wild Park. Before we had director tools before you you had to prove yourself in a little park to be a big park. Now Board thinking he could privatize it. All you need for a park manager is a GED and one year experience, which privatization hasn't worked because now we're we're we'll get into that later. The the person that spoke right now about the code enforcement, the code enforcement doesn't have enough officers. I know Caleb Rodriguez, a supervisor, because I walk my dog. I'm pretty aware of my issues. They have excellent code enforcement, but they need more. Another issue, uh, like illegal those commercial vehicle. I have Chief Jose Torres as my witness. We always have illegal vehicles in in my neighborhood and just one truck that they kept moving them around. It probably took the police department like 20 hours of work just to have one truck re uh towed because you got to give a warning like the laws really really hard. Code enforcement laws are really hard. So there we don't we need more police officers and then the trash had another incident with the trash because you when they do illegal dumping right they have to send an officer the next day they were there and these people that had thrown away a bunch of furniture and when the quarter fireman

came they put half of it in the one corner and then the the inspector had to come again. The reason why I'm saying all a lot of man hours every time somebody complains about illegal parking or trash, illegal dumping or the lady I'm sure she had a concern, but I'm positive that the code enforcement they don't have enough officers. You know, you could only you got to tackle like the fires, right? We're putting out fires. We're putting out fires and when we had the budget, you were warned now we need to put more money in the budget. Like we need and Miss Miss Dega like you wanted more recreation staff. We don't we only have one pool operating because we don't have lifeguards. So, how are we going to keep removing staff, removing staff, removing staff, and the whenever you get a complaint? The lady that was babying up to come here and give the complaint about court enforcement. There's a lot more complaints going around the cities, but you don't have officers, you know, just like that that one issue. I hope you ask Miss Torres how hard it is just to tow one illegal commercial vehicle. How many manh hours it took the police department? It's a lot of manhour. And I don't we need more money, not less money. Thank you.

Thank you. Anybody else?

Yes, sir. When you got it, you got it. Right. Eric Johnson, Haley Firefighters, Local 1102. Ladies and gentlemen, the council, I have remained quiet for many months on the issue of givebacks or millage reductions, but it's time it's time to make a public stance. The bottom line is it it is great to be able to give back the money, but the timing has to be perfect. In the city, the timing is not perfect. I have said it before, we are actually all taxpayers. May you live in Broward County, Palm Beach, date county, Hyalia, and we're all up to here. But the cuts that we would potentially make today will have an everlasting effect on the services that we can provide in this city. It's not just the fire department, it's the police department, it's parks, it's code enforcement. It affects every single department of why all these directors are sitting in a room. Unfortunately, most of them won't come up here and speak because it's their jobs on a line. That's being real. It's being real. I'm going to speak because I think most of you know me and I've got a big mouth and I'm going to say something. Training, retention, recruitment. Hleia cannot keep its employees. Categorically, we're paid 30% lower than any surrounding municipality around us doing the same job. And the truth of the matter is, we do more for less and we do it with less. I've always said I will take a highly employee and put them up against 10 other employees and we will outwork them. We will outsmart them. We will outmaneuver them because we have done so much for so with so little for so long. We make it work. I don't think the votes on the council will make a determination on this give back tonight.

But heed my warnings. We have been down this road before. Before it ended up with furlows and pay cuts. It ended up with 120 employees leaving the city at one time which cost our pension system, I believe, almost $60 million of an increase in unfunded liability because of irresponsible decisions made by this council. I will say what I've said in the past. We are in the position we are in today, not because of the employees, not because of the residents, not because of the department heads, not because of anybody here. We're here because of bad governance. Let's not make the same mistakes that we have made in the past. Heed the warnings. And by the way, to officer Devin Hermo and his family, the young police officer Miami Dade who lost his life in a struggle in Southwest Miami Dade. I'm going to say it again. I was up here two weeks ago saying the same thing. Please keep these first responders in your prayers. That's 24 hours a day and 365 days a week doing their job. They are watching over you.

Thank you. I agree.

Yes, sir. Um he's absolutely right. Um, we're currently for this fiscal year subsidizing $13 million worth of uh water increases, rate increases that we got from the county. But unfortunately, those subsidies are coming from the general fund. This would represent another these two this $200 rebate would represent another $6 million coming from our general fund and uh it wouldn't really represent a significant relief of any sort and it would only be for residential property owners. And some very concerning news is coming out of this year's session which uh at the state level. Um while we were talking about relief for seniors perhaps in our property taxes and all that, the state is going to go the extra mile. There are proposals from different house members and I'm sure there'll be proposals from Senate members at the state level in the legislature that will slash property test taxes drastically. So if we that won't affect this fiscal year, but it'll affect next fiscal year starting October of 26. So, we have to be ready and have as much money in our coffers as we possibly can because we're going to be collecting a lot less advalorum property taxes which we use to provide the services that we have promised our community. And I don't know how we're going to navigate that because uh there's going to be exemptions doubled everywhere. There's going to be a whole lot of cuts that uh will be statewide to property taxes. Meaning, like I said, less income coming into the city, less revenue, while we are suffering the same woes that everybody else, every

homeowner, every resident and municipality, our costs are going up every year, and we're going to be collecting a lot less money come next fiscal year. So, we have to be prepared. We cannot leave our our our um general fund depleted. We have to be able to start next year with uh a foundation and see how we're going to navigate these uh these choppy waters come uh 26 come October of 26. So, I'm also opposed to that right now given the this this dire news that we're getting from the state that some people may consider good news,

but I want everybody to to to keep in mind that the moment all these tax cuts come into play, uh we're going to have a lot less operating money and we're not uh we are not an abundant city. We don't have a a a large excess in our reserves. So, that is going to drastically affect services. So, we have to be prepared and start tightening our belts right now and have some savings, some reserves to go into next year with. That's all. Thank you, council vice president, council. Anybody else? And I'm in agreement too.

Right. What's the wish? What's council? Any motion? Well, it

we're going to have to vote on it, right? So, um I just wanted to give my my feedback. I mean, I know, you know, things change, right? But I will say that, you know, I asked many times, this is not the first time, this is actually, I think, the fourth or fifth meeting, right, that we've discussed this and we were all pushing for what I believe is still um the consensus out there be between our residents, which is that there is a need for relief. People are hurting, right? Um and I asked many times uh during this this this discussion is would this impact our essential services right our police our fire our parks and I was always told no that this what it would do is you know push back our projects um and and though and although I don't believe I have the full support up here um you know I made I made a promise to the residents um that I would fight for their relief because people are hurting. So I I do support this um and so I'm going to put in a motion if if I may through the chair.

Can we table the item um till January? Do we have a full council? Yep. You get a motion or till December to require a motion and a vote.

Mayor, are you going to say something? I was I was just going to um respond to council member de la um you know I agree our point is to help the residents you know the city will navigate this isn't going to affect absolutely nothing and I believe promises were made during the campaign that taxes were going to be eliminated completely in Halia and that'll be worse. So, $200 um for each resident. I know it doesn't seem like a lot, but there's many residents that see that and they hear that and for them is it's a relief. They ask when they're going to receive it. So, but I mean obviously it's pleasure of the council. I know it's not going to pass today. Um I'm in agreement with councilwoman that if it could be tabled December 9th if there's quorum or if not January whenever it is but um the residents should receive some kind of relief.

Okay. Okay. We have a motion please. I would motion to table the item. Thank you. Can I have a second? Until what date? Until what date? I would say um till till the next council meeting which would be December 9th. December 9th. Can I have a second? Do we have the other members? We may or may not. We won't have members then. The swearing is December 12th. December 12th. They're sworn in January. December 12th. January. So your motion is to postpone until January. Yes, ma'am. The 13th till January 13th, 2026. Okay.

Could I have a motion and I have a second? Please take real. Mr. Zagby, no. Mr. Dega? Yes. Miss Perez? Yes. Mr. Rodriguez? No. Did you vote? No. Yeah. Yes. Wow. Okay. Motion fails at the pleasure of the council. Sounds good.

You know, this is a new item. Um I it may be mooded now, but the technical point I wanted to make to you is um under the city laws, the the the $200 amount is part of a budget. So that requires four votes to pass. Any um any change to that amount, up or down, doesn't matter, is a change of the budget and under the city laws would require five votes. So this item did not pass. So it okay thank you well it's died on on second reading correct we've had no action

yes it's died on second reading it would all I said to uh I was asked that yes someone can bring it back it doesn't first read back yes let me clarify someone it died on second reading someone can bring it back to first reading the the way we have it now just uh first reading again because it it died. Yes. To be super clear. Yes. Thank you.

Okay. Next item.

Administrative item 13B is postponed until the city council meeting of January 13, 2026. Same with um C. This item is postponed until the city council meeting of January 13, 2026. Administrative item D. First reading of proposed ordinance amending chapter 98 entitled zoning article 5 zoning district regulations division 26 tld transit oriented development district and in particular amending section 98-1561 entitled factory town entertainment subdist pilot program of the code of ordinances of the city of Helia repealing all ordinances or parts of ornes in conflict herewith providing penalties for violation hereof providing for inclusion in the code providing for us are really close and providing for an effective date.

Okay. So motion motion. Do we have a second? Second. Please take the role. Mr. Zagi. Yes. Mr. De Laa. Yes. Miss Perez. Mr. Rodriguez. Yes.

Motion carries. The item is approved. Second reading and public hearing is scheduled for December 9th, 2025. Administrative item 13E, first reading of proposed ordinance amending chapter 98 entitled zoning, article 6, supplementary district regulations, division 11, landscaping of the code of ordinances of the city of Halia, repealing all ordinances or parts of ordinances in conflict herewith, providing penalties for violation hereof, providing for inclusion in code, providing for servability clause, and providing for effective deed. Thank you. motion. Can I have a second or any comments?

Is May I May I say something technical? Uh the if you have any questions, uh the planning director will come up and respond. But I do want to say one thing. This is about water runoff and impervious area. Uh I I hate to bring you this kind of news, but once in a while we have another uh larger agency mandate something. This regulation was mandated by the county and the county ordinance provides that any city that doesn't pass the bare minimum requirements uh by the end of this year that the county requires that the county will assume jurisdiction and go into that city and enforce it presuming that the city uh would prefer to be enforcing these things itself. Um we we have you know passed an ordinance which planning submitted to the county. Uh the county also advised that at this point in time they're not going to be uh enforcing their regulations as to single family homes and duplexes. So for the time being we've let that uh be the way they are. But uh the the planning director will respond to technical questions. But again uh this is this is sort of a county variation of what you heard about plots several months ago. It's basically in this case, you need to pass something that has to have these minimum standards or we Miami date county will come into the city and enforce this through our personnel.

Thank you. Did I have a motion? I Yeah, I motioned. Second. Second. Please take role. Mr. Lo, yes. Miss Perez, yes. Mr. Rodriguez, yes. Mr. Zagby, yes.

Motion carries. The item is approved. Second reading and public hearing is scheduled for December 9th, 2025. Unfinished business. And under new business, we have an item that requires a council's approval. Request from the Miami date county supervisor of elections for approval from the city council to display the official city of Halia seal in their lobby. Okay. Does that need a vote? Yes, sir. Motion. Second. Sorry. Second. Second. Please take role. Mr. Zagi. Yes. Mr. LaGa. Yes. Miss Perez.

Yes. Mr. Rodriguez. Yes. Motion carries. The item is approved. Before Before I leave, um I wanted to have a conversation about the December 9th meeting cuz I don't want the same thing that happened November 4th to happen on December 9th. And this would be the moment to decide what's going to happen that day if everyone's going to be here. I mean, if we have the quorum, but what are the options? No, it's just because I know there's elections that day. I know it's only two candidates, but I don't know who's going to be doing what. So, just wanted to put it out there and then you guys can decide. Thank you. Thank you, mayor. I'll be here. And through the chair, if I may. Yes, ma'am.

I wanted to take a moment. Um, uh, we've lost two officers the last month, and I think today was a very heavy day for our family in blue that it was the the funeral service of officer Harmo, Deputy uh, Harmo. So, I just want to take a moment of silence if we may, just to respectfully honor him, his family, and and our community that's suffering. Thank you. Thank you,

Mayor. Did you want I mean, I do plan on being here unless anything changes, but I think we should go on with the meeting. Um, new business item. That's it for the agenda. actually for new business. Uh, can I call Willie Sanchez up here, please? You can go here.

Hey, Willie. Yes, sir. They may add to this. 900 East 56th Street, Parks and Community Engagement. Gotcha. Willie, I got a question for you. I want to talk a little bit about the beer fest this weekend or two weeks ago. Yes, sir. Um, talk to me a little bit about it because I I honestly I'm just asking because I wasn't even aware that what was going on there. So, I need to defer to our special events team uh with the detail. You mean event details?

Yes. Yes. Yes. It was me. Lewis, I'm asking. So, Willie, was this advertised the same way as before? I guess because I I'm just maybe I didn't see it in social media. I wasn't aware Georgia was going on with the beer. It was fast. All right. George Hernandez, division director, special events. Uh, the beerfest has been advertised. It was advertised for about a month and a half from the moment we got the green light. It was advertised through social media and through our radio and TV partners and it was emailed out to all city employees and all city dignitaries and all uh elected officials. Gotcha. Okay. So, it was social media. What social media was used?

Uh, Instagram, Facebook, all the city social media platforms. Gotcha. For some reason, I didn't see it. And for some reason, for the past couple of events as July, I'm just making a comment here too, Willie. I I don't see for me personally, I don't see the engagement as far as advertising as before because before I used to get a phone call or conversation. I mean, I had no idea. So, just letting you know, so I was curious. Did we actually invest any money on on social media? Yes, we did. Okay. How much was it? Uh about $400 on ad campaigns and we're done. Okay. Plus, we did iHeart Radio, which is our media partner right now as well. Uh, that went on for about three and a half weeks. Gotcha. Across all their stations.

Got it. Was it was it a successful event? Uh, yeah. Gotcha. How many people went? About five to 600. 5 to 600. Okay. Yes, sir. Okay. Um, I mean I mean the special events has always done an excellent job, but for some reason I've noticed that I don't know if the other council can agree, but I've noticed it before since July the 4th. I'm not seeing the engagement with the council from before. I mean, I I just don't see it. So, if you if I'm engaged or the council's engaged, we we can invite more people and be more active on it. Um, again, maybe I didn't see the email. Probably I was running for reelection and that's probably what happened. Okay.

But I just didn't see the engagement. I was talking to Willie about that's not with you, George. You know, I mean, he's a director and I wanted to ask him directly because I mean, I just don't see it. And then the other days was another event. Um, what was the event on special needs that I didn't know either? Or we didn't know. Yeah. So, special needs I I believe and and council member um I think that was a I don't know if it was sent out uh on time um and that's my responsibility and I'll follow up with uh our special events our our special pops team to make sure they're sent out. But we always

What is What is Sorry, Willie. What is the protocol now? We send the the mini invite. We we copy administration and city clerk. City clerk sends out to So who's responsible for sending to the council? The council. Mhm. We sent it to the city clerk. That's procedure that we follow. Okay. So before this procedure, I guess we were get phone calls from the staff. Is that is that were going on before? The staff never has called I'm sorry, council. They've never called us. They've always emailed us and and added it to our to our calendar. and you add it to your copy. Okay. All right. No, no, no, no, no. I got you. All right. Yeah.

Well, okay. And question for you. Special events. I just got to uh Is there a cost to that that we invested? Did we have an investment on the on the beerfest as city dollars? There's there's a budget for um far as far as sponsorship. I I haven't I don't have those details to give you, but those are events that are budgeted. Okay. You do me a fair Williams the first time. I'm going to ask that. Can you can I have some details on the whole event please? Yes, sir. How much did it cost the city? Yes, sir. And what was the special and as far as advertising exactly what advertising we used if you don't mind? Yes, sir. If it could be done, I can go through the for the clerk's office. Yes, sir. Thank you. We'll send it to the city clerk. Thank you. Appreciate that. You're welcome. If I may through the chair. Yes, ma'am.

So, so this is the second year that that they do this event and I knew about You went to the last one? No, I knew about it. It was awesome event.

Yeah. Yeah. I've gone both years and what's nice about it is that it advertises small businesses that are in the area, small distributors, small distilleries. Um it allows them to get their label out there. Kind of like the food and wine festival that had, you know, smaller vendors come out and host um their products. So, it's it's a wonderful not only social activity, but networking business opportunity for these smaller, more niche uh you know, companies. And the park really plays a beautiful part in that because there's a lot of shade, there's music. Um, it's a really nice event. You know,

actually, Councilwoman, I knew you've been you've been pushing for this a lot, so I understand. The only question was is that again, maybe it's me that I was running for I was disconnected, but I just didn't feel the engagement, and I'm you know how passionate I am about parks, too. We're all passionate about it. So, I wanted to see what's going on, what investment we do. Can we invest more money or what's going on? Because I didn't feel the engagement this time around compared to the last time. Yeah. And I just wanted to make my my you know my voices a concern with that. So if you don't mind send me when you get a chance. I mean uh you know what it cost how the advertising and maybe we can do something better for next time. I just didn't see it. Yes sir.

And and just to go back and you know note I did after we had that conversation about um putting on the calendar. We we went back I went back and spoke to all the supervisors all the program coordinators to make sure that they send an invite and to copy the city clerk. So that that was done sir. Hey, the whole idea that council is one team. We're all one family. We all want to get it done. So what when I'm not before used to be right in my face maybe I was just I was looking for I just didn't see 100% not anybody's just I need to see what's going on with that if you don't mind. The city clerk and I that's the procedure we have followed since I I came back. So Tuesday of next week you're good. You can send me that. I don't want to. Yes sir. Yeah I'll speak to the special events folks and and get that together. I'll send it. Thank you. Thank you

sir. And for the record, I'm sorry, for the record, I'm checking here on the calendar and I do have that um someone on behalf of the parks department send it to the entire council a through a calendar on Outlook. Okay, it was received but I just I guess is what you know for some reason I I had more information before and all events. So Willie, thank you. Next Tuesday you submit information. Thank you. I appreciate it. You're the chair. Yes, sir. Uh, I'd like to know who sponsored yesterday's uh turkey drive. Um, did we have a sponsor for that? I don't know who's in charge of that. Yeah.

Hello, sir. Yes. Uh, the senior turkey drive was supplemented the one that we did all the senior apartments in myander. The myander one was a city. Is that a budgeted event that we've done for many administrations throughout? I remember in uh past years it's been sponsored by clinics. We did we had $15,000 from Leyon Medical Centers that helped uh cover the cost of all the the events. We did have Yes. their their contribution, their donation. Yes. the $15,000 contribution that went towards the morning session of all the turkeys that we've given out. Okay. Okay. Thank you.

Cool. So, sorry. I got a question for you, George. And again, just so I can have an understanding and I had to work and I go ahead and go before I used to get a call about turkeys if if the council member wanted to give some extra turkeys for anybody for the past 3 years. This time I didn't receive the call. We were low in turkeys. Right now, we were low in turkeys. It was we've have been able to secure a few turkeys and that will be coming out to you guys as we proceed. Gotcha. So, we ran out of we we gave all the turkeys out yesterday.

Yesterday, yes. I do have a few that we're offering to the council at 10 each. And in previous years, we've gone through all the turkey distributions. And once we've done the turkey distributions is when we've called you guys to do your distributions. See? Gotcha. Thank you, George. I just think it was a lot more engagement before. I think there's a disconnect. Something's going on. So, I' be a lot better it was before. Everybody was engaged in the special events. We knew what was going on. Um I mean, just FYI, man. I mean, on our side, we've continued to do the same exact engagement with council that we've done for the last I I Yeah, but eight, nine years. We've sent emails. We've sent invites.

Yeah. But I I I received not to call anybody out, but I I've received calls from special events before myself, okay? And I know there people responsible for calling us just not a duty. I get it, but it was just an outreach and I always had those families that we can go and just give them the turkeys, etc., etc. So, I was counting on it. Just thank you. Appreciate it. No problem. So, Willie, on Tuesday of next week, I can have that information. Yes, sir. Yes, sir. Thank you. We'll ask the individuals and I'll do it for you. Appreciate that. Thank you. Next item, please. Um, we're moving on to zoning. Thank you.

No, I'll just put in English and Spanish. Will all those persons who will be testifying on an item please stand and raise your right hand? Do you swear or affirm that the evidence you're about to give is the truth, the whole truth, and nothing but the truth? So help you God. If so, say I do. Let the record reflect that I have responded in the affirmative.

Thank you, Madam Kirk. Just give them a second so they can close the door there. Thank you. Thank you, officer. Appreciate that. Okay, next item, please.

Item 17A, proposed resolution approving the final decision of the planning and zoning board. Decision number 2025-09 allowing a rear setback of 14.2 ft where 20 ft are required for an existing addition to be legalized. property located at 3481 East 8th Lane Helia zoned R11 family district and providing for an effective date. I'm sorry you said second reading I missed the first reading. This is a final decision sir. It's a it's a resolution. Okay. And uh council motion can you come up please? Yes ma'am. If I may do the chair.

Claudia husband 501 Palm Avenue. Um can you give me a little bit of background on this?

Uh yes. Um this is for a single family home. It's actually to legalize an existing um a structure an addition actually to the main home. It's not a separate structure. It's attached to the structure. So it's just an addition. Um the property owners are here. So if you have any questions, they have um they have accepted all the conditions that we have asked them um to basically um pull permits to legalize the addition um to actually be the plans they need to be in accordance to the the submitts that they have in this package and also um they need to comply with the 30% of previous areas and they have accepted all the conditions.

Okay. And and the addition is part of the property or it's an like an efficiency. No, no, it's part of the property. That is why we ask that the plans that they submitted whenever they go through building permitting, they have to match the ex the plans that they submitted. Okay. Because everything it's uh collected, right? Okay. All right. Thank you. I think there's a is there a motion? Yes. So, okay. Second. Roll. Mr. Laa. Yes. Miss Perez? Yes. Mr. Rodriguez? Yes. Mr. Zagby? Yes. Motion carries. The item is approved.

Thank you. Next item. Item 18A, first reading of proposed ordinance amending the future land use map from residential office to medium density residential property located at 258 East 49th Street, Hyalia, zoned RO, residential office district, and legally described herein, repealing all ordinances or parts of ordinances in conflict here with, providing penalties for violation hereof, providing for a serability clause, and providing for an effective date. Okay. through the chair.

Do we have a representative here? Um, the lobbyist, William Riley. Oh, he is. Oh, hello there. I didn't see you. How many units is this? Oh, I'm sorry. Go ahead. Name and address for the record. I apologize. Give me an address, please. Located at 164 Southwest Street. Um, it's a pleasure to be here. Uh, and Mr. chairman uh through you. I think uh the council member had a question for me. How many units is this one going to be? So I you could save me the trouble of looking through the backups which Yes, sir. Uh so 258 and we have two applications are basically six applications.

Yeah. 258 East 49th Street is um four units. I'm sorry, six units and 267 is four units. Are there any parking variances, Mr. Riley? Yes sir. Yeah.

Yes sir. There are so one one application um the application that is at 258 um is asking for a parking variance of one parking space. So there's currently a medical facility on the site. It currently has seven parking spaces serving that medical facility. We're asking to have the multif family residential with nine parking spaces. Uh right now there's no pvious area on the site. It's basically a concrete slab, the entire property. We're going to have almost 11%age of the site as pvious area. Um have landscaping uh eliminate that heat island effect that is prevalent throughout the area. Um so the answer long answer is yes. We have a one spot parking.

You you feel okay, Claudia? Do we feel okay with that? The only reason I'm asking Mr. Riley is there is no street side parking here. Yes, sir. No, there's not. Right. No, there isn't. Uh we look at the property and we find that the sizes of the units are pretty small. Um so they're not going to attract that kind of, you know, large families where they're going to have multiple, you know, residents. So we feel comfortable after our evaluation. Okay. I motion. Thank you. Thank you, sir. Thank you. I I hate to bring this up, but Mr. Riley and sir for the council. I want to bring up um

that in our in our code and uh I had this in the back of my mind. This is a comp plan amendment as opposed to a reasonzoning and in our code it refers to five affirmative votes. So I um I'm referring to uh a section of our code that says plan amendments except as otherwise provided by state law shall follow the expedited review process. The city council shall conduct its first public hearing after PNZ and a city council shall consider such plan amendment uh shall be by resolution approved by a minimum of five affirmative votes. So unless there has been another

Rafa sorry to interrupt you but that's when we are sending it to the spa the state in an expedited process that's not the case here the resolution so this would just be an ordinance requiring four votes okay this is not that okay well I just wanted to bring it up because many of the amendments are expeditated process but you're certain this is not one well it would be by resolution and it's not it's by ordinance this is this is not an exped Okay that that is correct basically It is not a a city um start resolution that we're sending amendment. This is an applicant amendment. Okay. No harm, no foul. I just wanted to bring it up. I understand. We have a motion by Mr. Zagby. Can I have a second, please?

Second. Please take ro. Miss Perez. Yes. Mr. Rodriguez. Yes. Mr. Zagmi? Yes. Miss Dega? Yes. Motion carries. The item is approved. Second reading and public hearing is scheduled for December 9th, 2025. Thank you very much.

Thank you. Next item, please. Item 18B, first reading of proposed ordinance amending the future land use map from residential office to medium density residential property located at 267 East 49th Street, Hyalia, zoned RO, residential office district, and legally described herein, repealing all ordinances or parts of ordinances in conflict here, providing penalties for violation hereof, providing for a serability clause, and providing for an effective date. you motion also. Sorry, I have a question. Mr. Riley, what is it that is going here? Um, so the this first application is a uh a mirror image of this application as well. I notic that they're across the street.

They're across the street from each other. Um, different property owners but got together uh same end end user. Um, this is the one I was confused about just a minute moment ago. This one has four units. Uh so it's a two-story multifamily building. It's also a currently a medical facility uh that's been operating for almost 75 years um at the site. Uh our client bought it about 20 years ago um and has been uh the landlord since that time but has now seen a trend of development and wants to come and uh propose this as a beautifification to the area. And what's next door? Yes. Their extensions for this project. This is

Madam Director, can you please can you speak into the mic, please? I just want to make uh correction. This application is for 10 residential units. Yes. 10. 10. Yes. The the four the four I mentioned before uh is the se uh they're less than 700 square f feet. Um so that's what's advertised in your application uh for the variants as they are modestiz units. Um, so we have the six across the street, the 10 here, and the variance request is for the four that is lower than the 700 square f feet. What's What is right next door to it?

Right next door is the entire strip is um is was originally built as homes and over the years has been converted to all business. Um, so there's all commercial facilities next to them. Um, to my best my recollection, there's another medical facility right next to this. It's a dental office if I if I remember correctly. Um, but we have a PowerPoint presentation um that I could show you uh where we have uh pictures of the of the area. Sorry. If you have the pictures, I would

Yes, if we can pull it up, please. Thank you.

That way I can. So, the the first image is basically the proposal that we're submitting, the two-story multif family uh building. And I wanted to thank your professional staff. We work with them uh tremendously on this project uh to make sure that it follows your new uh regulations and guidelines including art and public places including creating the pvious area I mentioned before. Um we have a mural uh that would face the uh street frontage. If we go to the next slide um if we could skip through it so we can get to the next slide please. There we go. So, the property that we're looking at now is the property with the terracotta roof and right next door, and I'm sorry I can't read that closely, but I believe it is medical, but I

that's how you Yeah, it's so that's family practice.

Yes, sir. So, they have parking in the rear currently um as well as one parking space in the front of the building. Um, and this property unlike the other one has a little bit of pvious area which is the script strip of grass you can see in the front. Uh, but apart from that the rest of the property is completely paved and it's uh depicted on our asbuilt survey that way. And and this this property currently has uh nine parking spaces. Uh we are proposing to increase that to 12 parking spaces. Uh so we've worked with a staff to maximize the area but also introduce landscaping uh pvious area, additional parking and the and the residential structure itself and the parking would be contained within the ground floor. So it would be covered from view. Thank you.

Through the chair. Yes. Did Mr. Riley, did you say this is 10 units? Yes, 10 units. Uh, so uh we have and I had in my head for some reason before because I wanted to introduce the 700 square ft when I was talking about the unit size. Apologies for that. Uh, but we have the six across the street. Uh, the 10 here. And the reason for the variance is because those four units. Sorry, I misspoke for a moment. And what's the mix on this two ones? Uh what on the 10 unit on the 267 East 49th Street? So So they're they're they're smaller units. They're one bedrooms. Oh, they're all one bedroom. Yes, they're one bedrooms. All 10 units.

All 10 units. We don't have any two bedrooms on this one. Correct. Yeah. Right. I just want to make sure I'm not confusing it from the sister application, but it's all one bedroom. Okay. I motioned. Yes, we have a motion by Mr. Zagby. Can I have a second? Second. Please take role. Mr. Rodriguez. Yes. Mr. Zagby. Yes. Mr. LaGa. Yes. Miss Perez. Yes. Motion carries. The item is approved. Second reading and public hearing is scheduled for December 9th, 2025. Thank you. Thank you very much. Thank you.

Thank you. I have a second read. Zoning item 19A, second reading and public hearing of proposed ordinance reszoning property from R3 multiple family district to R33 multiple family district granting a variance permit to allow to allow a living unit where parking spaces are provided allow an existing structure with the following setbacks. Rear setback of 6.91 ft where 20 feet are required. An interior east side setback of 2.1 ft where 10 feet are required. an interior westside step setback of 1.2 feet where 10 feet are required. Allow a proposed three-story structure with the following setbacks. A front setback of 17.41 ft where 25 ft are required. An interior east side setback of 2.66 ft where 10 ft are required. An interior westside setback of 5T where 10 ft are required. Allow a total lot coverage of 46.80% where 30% is the maximum lot coverage allowed. and to allow six parking spaces where seven parking spaces are required. All in contrast to highly accord of ordinances sections 98-595 subsection B 98-591 98-590 98-589 98-2189 subsection 19B and 98-2203 subsection A property located at 76 West 14th Street Helia zoned R3 multiple family District and legally described herein repealing all ordinances or parts of ordinances in conflict here providing penalties for violation hereof, providing for a severability clause, and providing for an effective date.

Thank you. Items in the second reading and open for public conversation. Mr. Coya, I'm the owner of the property. My address is 13110 Southwest 118 Street, Miami, Florida, 331 is Okay, this is on second reading. Wasn't this item added today? No. No, this is the 19A. This item was approved on first reading by the council on October 14th. Okay. No, I saw I thought on the first page it said we added No, this Oh, no. That we we amended the proposed ordinance. Okay. So, what did we amend

the the the ordinance hasn't been amended for this project for 19A? from 19A the request remains the same is is exactly the same. We we don't have any amendments for the for the request

76 West 14th Street. Right. I was provided I was told that we updated the ordinance for this item. The the one that was updated was 1116 Palm Avenue. That was the updated ordinance. This is okay. This is that's not applicable to this item. This item was not updated. Okay. This is the same. We have no changes for this one. 19H is the one that was updated.

All right. So, let the record reflect that it was item 19H and not 19A that was updated. If I may through the chair. Um, Claudia, can you walk me through the declaration of restrictions that are on the property?

Yes. uh we require them to enter into an declaration of restrictions because they are requesting one uh parking less and in the code actually in this zoning district um um they are allowed to submit a 5,000 mitigation parking mitigation um payment so we can improve the on street parkings that we have around um the downtown area. Okay. So this does have street parking nearby. Correct. Um Okay. This is the area known as the um downtown district, right? So, we we have plenty of areas with on parking. Mhm.

What's what's on the east side of this property that has that setback that's only two feet to that side? It's a single family. Yeah, it's a single family home in the east. Me just double check here. It's a multi family like a three. Yes, it's a multi family. Let me see. I can't pull it up.

The multif family cuz that one only has two feet step back to that property. No,

you have and what's on the rear? I don't know. There is an existing structure and the proposal it's asking to remain that unit in the rear. So the existing it is uh 6'11 but the rear is not being modified. Okay. And what's that that that structure that's a threetory structure? It is a residential unit. The three stories is going to be and the structure in the back then remains the same. Remains the same detach from the new one. And what's in that detach? It's also like a residential. It is a residential unit as well. Got it. Okay. I can't see on the aerial here. There's a lot of like trees.

Yes. A lot of trees. Can't see much. Okay. Thank you. Through the chair. So, just and I'm trying to look at the image here, but there's so many trees I can't really see what's there. But so, is there a pro there's a property there? Yeah. Yeah. And that's coming down and it's going to be No, no, no, no. Remain the same. The the property that right now is developed with a unit, a residential unit all the way to the back. Okay, I see that behind the trees there's the little unit. Exactly. And that unit is to remain. So, does somebody live there? Yes. Is that a legal unit? Yes. Yes. Okay. Okay. And then the threetory goes where? At front where the trees

where all the trees are. That's going to be built. Correct. And is that for how how many units? Is it two units? Two units. Three floors. Three floors. So in the ground will be a parking space and the second it will be like a duplex and the in the second and the third floor. Okay. So two units there. And so that's why we have six parking three three units, right? The two of the threetory and the one behind. Correct. Correct. Mhm. And so two parkings per per unit. Per unit. Okay. And then there's a onetime parking mitigation payment of 5,000. That's right. And what do we do with that 5,000?

We improved parking areas on street parking areas within the limitations of the downtown area. Okay. So it can be scattered to another it could be used for another project um for another street because it's for a parking space that is actually on the street. Okay. not pertaining to a a private development. And just, you know, and I I just I also asked because for the people watching sometimes they don't they don't really understand, but when does an applicant pay this this fee when they do not comply with the parking

and this this mitigation um actually we have language in only two zoning districts in this one that is applied for the downtown and in the to areas. Okay. where applicants actually can mitigate for the loss of parking that they have. For the loss of parking. Exactly. Those are the two districts that they have. In this case, we have in the code for 5,000 um you know per parking space which was included back in the early 2000s which is pretty low. So I will take advantage of tell you that that at some moment we should revise those numbers uh because a parking space it could be you know between 20 20,000 25,000 uh dollars but only for those two areas and it's to improved parking areas within the streets. Okay. Thank you. You're welcome.

Oh, sorry. So we got a motion. What's the pleasure of the council? Motion. Second. Please take role. Mr. Zagby. Yes. Mr. Laa? Yes. Miss Perez? Yes. Mr. Rodriguez? Yes. Motion carries. The item is approved. Thank you. Next item, please. Caesar.

Item 19B. Second reading and public hearing of proposed ordinance granting a variance permit to allow the expansion of an existing non-conforming 256 square ft manual car wash business granted by ordinance 90-139 issuing a special use permit to allow said use on property zoned B1 highly restricted retail district where manual car wash use has never been a permitted use in the B1 zoning classification where non-conforming manual car washes are only allowed but on property zoned C1, restricted retail commercial district, and C2, liberal retail commercial district, and where a declaration of restrictive covenants was profered in 1990 stating that the manual car wash would comply with sections A through G of ordinance 89-81. Allow 104 parking spaces where the existing shopping center was approved with 106 parking spaces and where 115 parking spaces are required and various permit to allow landscape mitigation of 15 canopy trees where only four canopy trees currently exist at the site that was originally approved with 20 canopy trees. All in contrast to Hilia Court of Ordinances section 98-2189 subsection 7 and section D12A of the Hilia landscape manual updated July of 2025 entitled waiver of minimum landscaping requirements landscape mitigation property located at 5350 West 12th Avenue Halia zoned B1 highly restricted retail district and legally described herein. repealing all ordinances or parts of ordinances in conflict herewith, providing penalties for violation hereof, providing for severability clause, and providing for an effective date.

Thank you. Items open for second reading and open for public conversation. Motion, did everything we asked. Council, no matter how much I put it on say Okay. All right. What is this one's be? Sorry, this Hi, Caesar. How are you? Good. How are you? Good. With So, this is a shopping center, right?

Caesar Masterwood offices at 8105 Northwest 155th Street, Miami Lakes, Florida. This is a car wash at West 12 and 53. That's been there since the 1980s. Uh, there was an illegal roof. There was a legal roof. The request was to allow the expansion by legalizing the big roof. The big roof has now been removed. That was one of the conditions. We have drafted a declaration of restrictions which includes the 460 ft roof will be demolished immediately. It's already gone. There will be a new 560T roof which will replace the permitted 256 square foot aluminum roof. and it'll be maintained until they get the permits for the new roof. There will be a payment of mitigation of 16 trees which will be provided upon submitt of the site plan review required for the alum al aluminum roof replacement. Alternatively, 16 canopy trees with 12 in to 14 in 12t to 14 ft height with 3-in caliper will be installed on the property with the proper with the proper landscaping permit. The car wash owner shall provide security for 3 months in order to prevent nuisances from occurring. We had talked about issues going on at the shopping center uh on first reading and should there be any violations on the premises, the city shall hold a revocation hearing for this approval. So, this has already been drafted. Uh it's already been sent to legal and zoning and we're just in the process of trying to uh execute it.

Can I make a comment, Councilwoman? So, I don't know. Were you here for the last reading? Okay. So one of my concerns were because in the shopping center they had issues from before and the the grocery store whatever it was at they had illegal stuff going on. So I asked them which is nothing to do with the other to put security to be sure to keep it clean be one of the complaints for so they actually abide by that. So just letting you know the push back that originally and they complied with it. Okay. So as Councilman Zagby said we've agreed to all the conditions and we've put them all in writing already. We got a motion. We have a motion to approve by Mr. Zagby. Need a second. Second.

Thank you. Mr. Zagby. Yes. Mr. Ela. Yes. Miss Perez. Yes. Mr. Rodriguez. Yes.

Motion carries. The item is approved. Item 19 C, second reading and public hearing of proposed ordinance granting a special use permit to allow a medical research center conducting clinical trials to test new drugs, devices, and other forms of treatment to operate in conjunction with an existing medical center. Property located at 4440 West 16th Avenue, Halia, zone C2, Liberal Retail Commercial District, and legally described herein. repealing all ordinances or parts of ordinances in conflict here with providing penalties for violation hereof, providing for a separating clause and providing for an effective date. This second

I'm sorry items in second reading open for public comments. None. Sorry, I wasn't here last time, but what what kind of what kind of trials? It says here no patient like what kind of trials is this going to I have drugs devices and other treatments. Uh it's going to be operating within a Las Mercedes medical center already. There's a center part which is going to be exclusively for this. We have enough parking. It's a huge parking lot. So it's just for them to conduct those within the uh medical re within the facility that they already have. Correct.

This is like the third or fourth item that we approve that has to do with approving testing of new drugs. And I just I I find it do we know what type of drugs they're testing?

I think that the government puts out or the different companies put out certain parameters. Uh this is what we're trying to test and I I don't I know that they have different types of clinical trials but I don't know if they can tell you what type of drugs it's going to be exactly. What I do know is that those clinical trials now, they've been already more trial, they've been already for at least two or three years research before they hit uh this type of clinics. That's what I found out. I'm not an expert. I just read it up a little bit. Literally Google it through the chair. Yes, sir.

This is this is not a drug rehab center. It doesn't do any drug treatment, any addiction treatment. This is a reputable uh healthc care uh chain and five patients a day is for the size of that property is very very low impact. Yeah, we're by motion. The part of the declaration is that we're limiting it to five patients per day and no overnights and the patients will be scheduled by appointment only. There's no lines or anybody waiting to get in or anything like that. But we we don't know specifics as what we're testing that I do not know. I just

I don't think they know until they actually accept the job of testing a particular right but this is all connected with government and and doing trials to make sure things are right before they

through the chair as as you mentioned I know that these um particular facilities are highly regulated. We don't know specifically what they are. And in addition to that, um I have learned that city of Halia is one of the few actually that require this type of a step of bringing in front of a council for a special use permit to conduct this kind of uh medical facilities. So we have an extra layer in case and you have the time to ask and impose uh uh restrictions such as you know no overnights and stuff like that. So we can restrict the type of uh research that they do.

Okay. And as as uh vice president Zagby said, this is not a fly by night operation. This is La Mercedes clinics that they're all over South Florida. There's several in Hyalia and this is within their uh purview within their their other business. So it's just an expansion of of their of their medical place.

Understood. And I I'm listen I'm I'm I'm okay with it. Uh it just I guess because it's been coming up lately, I just kind of like I wonder what's what what we're testing. So I think just in general, right, not even this uh not even only this, but when you approve something, but you don't know what you're really approving, it's kind of hard, right? Um I'll approve it or at least I I'll be a yes because we've approved other ones. I think moving forward, I would like to know exactly what we're approving. Yeah. Thank you. I I I think just for your just because

peace of mind it's something that the government wants to get tested before they put it out in the market. But I don't think I don't think they would ever be able to tell you we're going to test only this particular type. Yeah. Like are they testing for Alzheimer's? Are they testing for Right. Like just curious what it is. Listen, clinics have gotten in trouble. I'm not saying anything about LERS. They're very reputable. Um but just in general. So understood. I don't know if there's a motion. I'll second. I motion. Mr. Lao. Yes. Miss Perez. Yes. Mr. Rodriguez. Mr. Dogby. Yes. Motion carries. The item is approved.

Item 19D. First reading of proposed ordinance reszoning property from R1 one family district to R33 multiple family district granting a variance permit to allow 20 units 100% with a total area of less than 700 square ft or 700 square feet is a minimum required and only 25% of residential units may have a minimum area of 500 square ft. Allow an interior southside setback of zero feet where 15 ft are required. Allow a rear setback of zero feet where 15 feet are required. Allow two parking spaces fronting East 46th Street to back out into the right of way where backout parking is only allowed in lowdensity residential properties and allow 22% pvious area where 30% pvious area is the minimum required for the construction of a mixeduse four-story development consisting of 20 residential units and approximately 5,818 square ft of commercial space including a daycare facility with a maximum capacity of 112 children and nine employees. All in contrast to highly accord ordances section 98-1630.2 2 98-1630.3 subsection E2 9-3 subsection A3 and section E of the landscape manual updated July of 2025 entitled tree and lawn requirements by zoning classification property located at 4595 East 4th Avenue within area 2 of the neighborhood business district overlay Helia zoned R1 one family district and legally described herein repealing all ordinances or parts of ordinances in conflict here with prov providing penalties for violation hereof, providing for a serability clause, and providing for an effective date.

Thank you.

Good evening. Caesar Mastro with law offices at 8105 Northwest 155th Street, Miami Lakes, Florida. Uh this is the property that's located in section two of the neighborhood business district. We came before you a while ago and they had proposed, my client had proposed a six-story uh building that uh the council had some issues with. We came back with a fourstory version. The land use has already been approved. So, what we're looking at now is the lot is 14,215 ft. We're going with 20 units as opposed to 21, which was the original uh ask. We're going with four floors instead of six. The units are all onebedroom. Uh the parking, we have uh sufficient parking. We have 22 for the residences. 20 plus 2 ADAS. Uh there's a mixeduse component. We're proposing a daycare uh on the bottom floor uh that has 16 parking spaces for that. So we have a total of 38. There's no parking variance asked for. The commercial downstairs will be 5,546 uh square ft. Uh parking will be on the second and third floor. If you can go to slide number six, please. This is what it will look like on the corner of East 4 and 46 uh facing souththeast. And the next slide, this is another uh view, very similar rendering uh showing what what it looks like. Um part of the uh declaration of restriction or the conditions uh are to use diffusing elements on the southside elevation to uh diffuse the light from bothering the neighbors and also the noise. Um we have to come back with a traffic

analysis um regarding the traffic circulation and the parking conditions for the parking and residential um once we are are moving forward. We also have to comply with the construction and site plan timelines that are within the MBD now and the colors have to be administratively approved uh by the director of zoning. So we have already um submitted the declaration of restriction implementing um all of these conditions which have been accepted by us. Uh so we'd be happy to answer any questions that you may have. Caesar, this has been going on since I was in four four years already, right?

It's been a while. It's been a while. Um they took some time to revamp it. We've been working with staff. Uh there's two parking spaces that are dedicated on the first floor on the bottom on the ground floor uh to provide parking uh for the school for the daycare uh that back out those two spaces. Um and it was kind of a challenge to make it fit and bring it down uh to the four floors instead of the six. But we're we're here now and like I said, the land use has been approved. Uh we've got a recommendation of approval from staff and we have a vote unanimous vote from PNZ uh for approval as well. Gotcha. If I may through the chair. Yes ma'am.

So Caesar the the zero setback that's on the south side and the rear side that's facing the the neighbors. That is facing that's the neighbors to the south. So it has no setback there. It's flush to their property. That is correct. Okay. Yeah, I'm not okay with that. I would I I wouldn't feel comfortable with with having that so close to the to the neighbors. You you said that they're doing something to mitigate the light and the sound.

Something that we're setting um between the property to have that. What? Walk me through that. Let me let me tell you what what staff has recommended and we've agreed to. Mitigate the southside elevation with proper lighting, diffusing elements to reduce the glare from the vehicular ramp into the neighboring property. Provide improved structural finishes to reduce the noise from the vehicular ramp into the neighboring properties. Submits up shelments at the time of site plan. So that that's what we were able to do to try to alleviate that issue. Obviously, the property next door, I don't have a a picture of it, but it doesn't take up the whole side, obviously. And what's there is the ramp for for the cars on that side.

Yeah. And then in the photo here, it looks like there's is it just like misrepresented that there's like on street parallel parking there or No, there will be on street parking on 46th Street. On 46th Street? Yes. Is there currently any parking on street on any other property? This would be the only one that would have that. So I've never seen that before. So therefore, if if maybe they wouldn't be those two parking spaces in the front, would then the property be able to shift a little bit closer to 46 instead of being right flush onto the neighbors? Is there a way to maybe adjust that?

I'm Yeah,

through the chair. So, basically, um, as Cesar mentioned, they also have a daycare on the ground level. So, we actually require that we request them that they have a drop off area, pickup area for the daycare. So, if if we ask them to push um the building towards the um the north, basically, they will be losing that that consideration. And and in this case, I I hear you with the closeness. And that's why we included those conditions because basically at the first and second level of of that south elevation, you're going to have um the majority of it of a blank wall, but then you're going to have some openings where whenever a vehicle, you know, comes to here and then you can you can hear the noise or the glare or something like that. So that is what I feel comfortable including those conditions. I just don't think a daycare is even conducive for that building and that that location to be honest with you. I would think that like an office space,

you know, something that doesn't have that much foot traffic. I I don't I thought we were pushing more for like the standalone daycarees. I thought we were moving away from like having them incorporated and I don't know, just a little bit apprehensive with with everything that's going on on that busy street. That in and out I think of the daycare is also really dangerous with kids. I don't know. And and that's why if anything um we'll rather have that drop off and pickup area instead of pushing the building north, right? But the drop off and pickup would then still be on on the on 46th Street, right? But in private property, it they won't be impacting the tri the lane of traffic.

Isn't the ramp at the zero setback within the private property? It is. It is the ramp. So you have like basically three entrances. You have a circular driveway and then you have an an entrance for the parking spaces that they're the ground level on 46th Street. I don't know. Miss Perez, can I ask some questions? Yeah. Yeah, go ahead. Um through the chair. Um h through the chair. Okay. Um how many how many students would be in the daycare? 112, right? One 112 is the proposed

112. 112 students. Okay. So, how many parkings? 112. How many how many parkings for this for the daycare? For the commercial, we have 16 parking spaces. Okay. So, 16 for the daycare and 20 22 units for the 22 for the 20 units. For the 20 units. Okay. So here to me, how many and how many how many parkings would we require? Like how many parkings do we require for a school of 11 and2 students and how many do we require for 20 units? Just remember, I just want to bring out a little distinction.

We treat you guys treat the code treats the schools different than the daycarees. Okay? There's different parameters for each one. Okay? So this is a daycare, right? and and the the move that I have seen you guys make over the last few years is for the standalone schools. Okay. Not the daycarees. That just want to clear that up. This daycare would be from birth to kinder two three. Okay. So, true true daycare, not kindergarten, not first. Okay. If if if they want to have kindergarten, they need to come before you again and get a conditional use permit.

Okay. So, um, Claudia, how many parking spaces do we require for a daycare of 112 students? 13 parking spaces. Okay. 13, which is And we have 16. And then how many these are one bedrooms, right? Correct. And what is what do we require in our code for 20 units? Uh, 20 22.

We require 22. Okay. Here. I'm so sorry. I what I foresee and this is, you know, dropping off the kids, daycare, it's strollers, it's I just I I foresee us having a really big parking issue here. I know that we went from six stories to four stories, right? Which that in itself is is definitely an improvement because of the residents around there, right? But we didn't we didn't change the amount of units, which means in some of these units, there's going to be two people living there. Two people usually means two cars. Well, we reduce the units by one. We we did reduce them by one. Okay.

And they're smaller units. They were a little bigger before, but I would say in most of these units, most of them, you'll have some that have one person, but in some of them, you'll have two, right? So what where are all these pe where are all these people going to fit parking wise which is the the only answer I can give you okay is we comply with the code we're not asking for parking variance for either for either component either the residential or the commercial we're complying with what the code requires.

Yeah. And then I I personally think something's something's off here. How how do we only require for 20 units that we may have 40 50 60 people living in? How do we only require 22 parking spots? The differentiation is is in the size of the unit. The smaller the unit, the less parking that you're required and that is what we modified. Of course, if you have larger, you know, units in terms of size of the unit. If you have a th00and um square feet or actually the code says that from up to 700, you require one parking space. From 700 to a,000, you require 1.5 parking space. Okay. So, these units are at 700,

even less or Yeah, they're at 600 and something. Okay. Thank you. motion. Can I have a Can I have a second, please? My phone keeps that again. Again, that it

can I can I make a comment? Yes, sir. And I understand the argument is is makes a lot of sense, but that's our ordinance now and the uh petitioner is um abiding by the parking spaces required. That may be something that later on we could look at which is worth looking at. But right now this they're not asking for a parking variance and that may be something we need to address in in the future as far as changing that ordinance because yeah that that could be the uh the case. But in this case they're abiding by that. They're not they're not getting a parking variance and that's the only reason that I'm uh and they're not getting a variance for the daycare. So that's the one of the only reasons. It looks like a pretty building, but I get the density. That's the only reason I'm I'm motioning for it because uh right now it would be unfair to deny it in a way because they are complying with NBD, you know, um the NBD ordinance as far as the development in this area.

I second. You have a motion? Yeah. Yeah. Mr. Zagby, yes. Miss Dega, yes. Miss Merez, yes. Mr. Rodriguez, yes. Motion carries. The item is approved. Second reading and public hearing is scheduled for December 9th, 2025. And Councilman Zagby, you bring up a good point. I think this type of project, right, shows because we get so many complaints about, you know, parking and people parking on the street and people parking on our sidewalks. So this this brings up a good point of where a building that might have a significant amount of residents where we may not have the correct calculation for parking. Yeah.

Item 19E. First reading a proposed ordinance granting a variance permit to allow the construction of a single family home on a substandard lot having a total area of approximately 5,440.8 8 square ft where 7,500 ft is a minimum required. Allow a lot width of 40 ft where 75 ft is a minimum required and to allow a front setback of 20.17 ft where 30 ft are required. All in contrast to highly court of ordinances sections 98-499 and 98-348 subsection A property located at 759 East 32nd Street Hyia zoned R11 family district and legally described herein repealing all ordinances or parts of ordinances in conflict here with providing penalties for violation hereof providing for a severability clause and providing for an effective date. Okay, welcome back, Jav.

Thank you. Good evening, Mr. President and council members. My name is Jav Vasquez. Our law offices are at 600 Brickwell Avenue and uh joining me tonight is our associate, Janelli Perez. Together, we represent Bar Holdings LLC, which happens to be items 19E and 19F of your agenda tonight. And I'm saying that because it's going to be an identical rep uh presentation which I am going to incorporate by reference when I get to 19F. But basically this situation, this involves 759 and 765 East 32nd Street. The history of the property tells a story. It was a house that was built in 1946 and the applicant came bought the property, tore the house down. The property was built on two platted lots. We're going to call them lots 20 and 21. Since they were legally uh platted lots, they're they went forward to build homes that are very similar in size with the surrounding neighborhood. The lot sizes are similar to the neighborhood, but they came to the realization when it was uh demolished in 2024 or 2020. Yeah. 2024 that they needed these variances and the uh request is a variance to permit uh a variance permit to allow the construction of a two-story single family home on a substandard lot having a lot width of 40 ft and a total area of approximately 5440 square ft. And we're also requ applying we're uh requesting a setback a front setback of 20.17 ft where 30 ft are required. And again the the lot sizes that resulted are very consistent with the lot sizes and in this uh area of of Halia. The staff is recommending uh approval of this application with conditions. One in uh being that uh we enter into a

declaration of restrictions to develop the p uh the property as a site as a single family residence in substantial accordance with the plans that we submitted with our application and that we proceed with the site plan and concurrency process subject to the hearing pro approval. So we again staff is recommending approval. We know of no opposition in this situation. As I told you, these are two lots. 17 uh 19 uh F will be the sister application, and we would respectfully request your approval in keeping with staff's recommendation and that of your planning and zoning work. Thank you, Jav. Leisure comments from the council.

I motion. We we've we've done narrower than this um non-conforming lots. Uh so this is not unreasonable. Motion. Thank you. I got a motion. Second. Please take role. Miss Dega, yes. Miss Perez, yes. Mr. Rodriguez, yes. Mr. Zman, yes. Motion carries. The item is approved. Second reading and public hearing is scheduled for December 9th, 2025. Thank you. Next item, please.

Item 19F, first reading of proposed ordinance granting a variance permit to allow the construction of a single family home on a substandard lot having a total area of approximately 5,440.8 8 ft where 7,500 ft is a minimum required. Allow a lot width of 40 ft where 75 ft is a minimum required and to allow a front setback of 20.17 ft where 30 ft are required. All in contrast to highly accord ordinances sections 98-499 and 98-348 subsection 8 property located at 765 East 32nd Street Helia zoned R1 one family district and legally described herein repealing all ordinances or parts of ordinances in conflict herewith providing penalties for violation hereof providing for seability clause and providing for an effective deed

thank you motion I have a second second or comments Second take they roll. Miss Perez, yes. Mr. Rodriguez, yes. Mr. Zagby, yes. Mr. De La, yes. Motion carries. The item is approved. Second reading and public hearing is scheduled for December 9th, 2025. Thank you.

Thank you. Next item, please. Item 19G, first reading of proposed ordinance granting a conditional use permit pursuant to highly a court of ordinances section 98-181 to allow a two-story 2212 ft addition to an existing assisted living facility and to increase the facility's capacity from 40 beds to 72 beds. Granting a variance permit to allow the expansion of illegal non-conforming use existing at the site since 1990. Allow a front setback of 20 feet where 25 feet are required. Allow lock coverage of 39.2% where 30% is a maximum allowed. Allow 24.96% pvious area where 30% is a minimum required. Allow 10 parking spaces where 24 parking spaces are required. And to allow all parking spaces fronting west 30th Street to back out into the right ofway where backout parking is only allowed in lowdensity residential properties. All in contrast to the Hilia code of ordinances section 1-12 subsection B298-589 section 98-2056 subsection B2 98-2189 subsection 219-3 subsection A3 and the Halia landscape manual updated July of 2025 section E entitled tree and lawn requirements by zoning classification. Property is located at 71 West 30th Street, Halia, zoned R3, Multiple Family District, and legally described herein. Repealing all ordinances, or parts of ordinances in conflict here with, providing penalties for violation hereof, providing for severability clause, and providing for an effective date,

if I may through the chair. Yes, please. Um, so this is now going to be 72 people, right? And only 10 parking spaces for the staff. How does that work? If I could, I this is first reading and I haven't had the ability to make a presentation on this application. I would love the opportunity to Oh, you have a presentation prepared? Absolutely. It's not a long one, but Okay, we do have some pretty pictures for you and I this is my first opportunity presenting the case to the council.

So, once again, Jav Vasquez, 600 Brickwell Avenue, and u again Janelli Perez joining me from my office. I'm here on behalf of uh Galagaz Investments which operates the existing ALF as Trinity Garden. Uh joining me today is Mr. Carlos Cardardoso from uh DTI which is our architectural group. And I also have with me tonight Alex Alimang and Yanet Suarez who are part of the existing ownership group. The property, as was stated on the record, is 71 West 30th Street and it's an existing ALF that's been in place since 1990. Um, I have the pleasure and for whatever reason, my practice has all of a sudden gone in the direction of assisted livingings and skilled nursing and it just happens to be I think it must be related to the demand that there is for it in our community. But um I have the pleasure of seeing a lot of these places and I know of very few assisted living facilities that have impressed me as much as Trinity Garden. Uh not only have I seen them as part of my practice, I went through the process with my parents. So I just want to state for the record that uh taking my hat off for a moment as their attorney. Um I was very impressed by the cleanliness, the conditions, and uh how happy everybody is in the center. The request is for a conditional use permit to conform with the current city regulations uh as well as a variance permit to expand the assisted living's capacity from 40 to 77 72 beds. There are four variances that accompany our request. A front variance uh to uh of 20 ft where 25 are required lock coverage of 39.2 2 where 30 are required. Um 24.96 pvious area where max where uh 30% minimum is permitted and yes a variance of 10 spaces where 24 are required. I I can get a little bit more into detail u as to the proposed expansion. It's it's going to take place on a proposed

two-story building addition to the east of the property. It'll be connected uh to the existing building by a proposed covered recreational area at the center of the buildings acting as a bridge. if you will. And the proposed covered bridge area will be uh accessed through an elevator and a staircase. The first floor uh between the existing and the proposed addition will provide a new open recreation area to the ALF residents. To your concern, Monica, um assisted livingings, skilled nursing centers, uh and uh group homes with the like have a very different standard and a a very different issue when it comes to parking. Why? None of the residents drive. So, we're talking about minimal parking requirements that are necessary for staff and for uh visitors. Uh I was just asking my client, if if a resident came that that drove, would you take them? And the answer is no. They have they they have that as a as a policy where none of their residents will ever uh be driving on the property. Um if we look at the staff conditions and before I forget let me mention something that I didn't say in the in the presentation would they staff did request uh for us to provide a parking analysis uh to evaluate the impacts of the increase in beds since the additional employees will be required to operate the additional beds and the city's traffic engineer who happens to be a person who I highly respect um provided a report and it was Mr. John Kim with Bowman and he specifically uh stated a few things that I'd like to just read in the record. Uh one, please uh revise a report to indicate the number of people currently employed. Two, please provide a parking management plan that will mitigate instances where site parking uh demand exceeds existing parking supply. Uh three, please provide a sign and seal copy of the parking study. and forward development order condition may be included as part of the

approval of this project that will stipulate the need for additional parking management strategies when the city is made aware of a problem. So we have agreed to not only do the the parking study um one of the conditions in addition to the study that I just ran into the record states that at no time shall the ALF parking demand negatively impact the public right away. It is prohibited to block the public sidewalk. The property owner and the ALF operator shall ensure that employees and visitors visitors do not stand and park and block any sideway uh sidewalks or right of way and a parking management strategy shall be in place to address any parking issues. So, we have done all of that um prior to site plan approval and permitting. We will have worked even closer to the parking consultant uh the the uh parking and traffic consultant to address these issues. But what I want to highlight as Monica there's a long answer to your question. What I want to highlight is ALFs, group homes, senior living, senior living, the ratios are proven. The business model is proven as it relates to the number of parking spaces that are needed for these places to succeed. And the city has made us very aware that if and when a problem ever uh were to arise that we need to be prepared to act. and that includes off-site parking for employees and things like that. So, I'm I'm truly hopeful that uh that will not skew your opinion about the application like um the other application just before this. It comes before you plan uh bearing a recommendation of approval from both staff and your planning and zoning board and I hope you'll approve it.

So, so my question was how much staff is required at this location with 72 beds? and then his services. Hi, good evening. How are you? My name is Janet Suarez. Um, the address of the ALF is 71 West. I'm sorry. Your position, please, and your and your business address. Thank you.

I'm the administrator for the ALF. um part owner as my brother as well that he's also here. Uh so pretty much right now we are over staff meaning we have more employees that we need. Uh we're fully um we we are pretty like 40 beds. We have the 40 beds completely full. Uh, and like I said, we're over staffed at times, like during the day, me and my brother, we actually come a lot up, you know, together in the same car and we only have two cars parked, which is my assistant, administrator, and another employee that comes in a car. The other one lives like right next door to it. So, they unfortunately uh fortunately for us, but unfortunately for them, a lot of them, they don't drive, so they get dropped off a lot of the times. But to answer your questions, um like I said, we're over staffed right now. Uh so we in case we do have another, you know, 20 more, um if you guys allow us to do that, uh we're probably going to be needing another three, four employees. So

So what's what's the ALF ratio? Like how many patients per staff? How what's the the what you have to have Bayaka? Bayaka, you need, if I believe, if I'm not mistaken, I don't have the exact number, but I believe you have, you need uh an employee per uh every six every six patients. Correct. Yes. Okay. And these patients are going to live there, they're going to sleep there, right? Correct. So, you constantly need to have for every six. Not Not at night, though. At night they work, you know, it's they're different during the day because they during the day you need like help with bathing, you know, assistant, you know, like um like the cook for the, you know, at night you don't need as many. You probably Yeah, you need less employees.

So 12. Correct. If you have 72, you need 12 employees. Correct. And right now we have 15. You have 15 at the moment. The other if I could oh that's the if I could add the other thing that they have secured is that with the building next door they have asked the the property owner and we can uh enter into a lease agreement with them and we're happy to bring it in prior to site plan approval showing that we have access to their parking a cross parking access agreement type of that we can enter into if needed and we don't anticipate needing it. Okay. All right. Thank you. I appreciate that through the chair. Yes, Mr. Vasquez. Yes, ma'am.

Um, so she so there's 15 employees and and you know they are there is that benefit that they don't drive but what if there's new staff, right? Rotation of staff those staff have so if there's 15 and and there's a possib possibility of total of 18. What about visitor parking? Cuz in ALFs, right, you have the visitor parking. I just foresee I foresee a a parking issue. And again, I know we've brought this up. If I can add, if you don't mind me, we were the owners of um a 72 facility that we sold um two years ago.

Two years ago that now is uh yeah, another assist. It keeps being as an assistant living in facility. We had 72 beds. We only had six parking spaces that it was approved by you guys because we had it like going backwards and you guys wanted to be like like uh to the sides. So we lost three spaces because we previously had more and we with that change we lost parking space and even then we never had issues. Unfortunately a lot of the times the patients you know they do a lot of them have families but a lot of them don't right. So, you know, I understand. I have my grandma. Can you address your concern because it's a valid concern?

I've made it very clear to my client, to uh Mr. Aliman, who's not here right now, that a backup plan has to be in place if parking ever does become a problem. I don't anticipate it. They don't anticipate it. But like you said, things could change. You might you might have employees today that don't drive or that carpool. In the future, that could change. They have to have a backup plan not only with their neighbor, but they have to have a backup plan with offsite other facilities that they own so that they can shuttle um employees if needed, but uh the demand for for this service is so severe in this community. Mhm.

And the ratios are proven that this will work with the parking that it has that like I said, I I would hate to see this application not approved with that because of that concern. Um, Claudia, I have a question. Um, thank you, Jav. I I have a question. So, if if this were to get approved and there is a parking issue 3 years from now, what is what is the enforcement that we do on that?

Um, we will basically first we will have a declaration in place. So we have that as um um a tool to use the through the um the declaration of restrictions and also we'll have probably code enforcement and and police in case of if a vehicles is blocking a sidewalk. Um I have seen in other locations that actually they tend park and they block the sidewalk. So um we can also um use those resources as well. And that so if the complaints come in the if the complaints come in it would be in the declaration that we have that and then through code they would be required to what is what is the back alley? I'm looking here at the facility. It's an open alley.

It's an open alley cuz I see cars parked. Yes, it's an open alley. um they are not technically um you know parking spaces but you can see that all those businesses and residents they use that that alley right

and I hope it gives you comfort that we have submitted that declaration of restrictions which gives you all the teeth you need thank you you go to the chair yes please no go on sorry I just have one more clia it for ALFs. What is our requirement for for parking? Uh for ALF, we have it's one parking space every three beds. So that's why we have 72. Uh we require 24, right? We that's it's a big variance, right? Yes. Yes. Mhm.

Is there any is there any other design in this where we can add any parking Javi? Do you know architects? So cuz I'm looking at I'm looking at Yeah, I'm looking at the at um what's currently there now, right? Or I was looking at it what's currently there now. And it looks like the left hand side, right, is all the beds and then on the right hand side is it maybe like a patio or for them to kind of go outside, get some fresh air. But now the new design is going to be all around. Is that it?

Yeah. Carlos Cardoso 14125 Northwest 80th Avenue, Miami Lakes. Um, it's, you know, the what we're doing is basically en enclosing the space and creating more of a of a central location there. The area that um that we're actually building on is really not used very much in the sense of, you know, people using that area. It's um basically just grass. Um so they're they're trying to maximize you know that area so they can actually consolidate where the people are going to be um

you know hanging around you know um keep in mind that the the structure has been there since 1990 the the the the existing building and um the the area that you know um where it's located it's a residential area and people are already backing out into the street in that area. So, it's it's really not changing the the the way that uh you know, traffic flows in that area. And if I could, let me add, um, if we were to seek the some type of creative design going into the property,

we wouldn't be able to accomplish that without putting the the the safety and the life of the residents in peril because again, they're walking around and we would have to be putting cars into that area. So, the 10 parking spaces are the 10 parking spaces that are there now. So, we're basically adding 32 new beds with zero additional parking. and and it's and I know that I know that that's what you're seeing as a visual, but the 10 that are there today are in abundance for 40 bits. Okay. Sorry, you were going to say something through the chair. Yes,

the math is not there. Six one staff member per uh six beds, that's 12 parking spaces. We're already overflowing. There is no way what what what you said, Claudia, as far as code and everything else, we don't need a declaration of restrictions for that. That's already in our code. I don't see how they can possibly not tandem park there cuz unless you're going to be below the standards that Aka requires, you're already short two two spaces there. And then where do the visitors park? What happens? You know, I mean, I don't I don't see the math. I don't see the math. There's no way they are going. I know it says here uh they're not going to block the rightway. They're not going to block the sidewalk. Uh no tandem parking. It's like a repetition. A parking management strategy. This is something we may inherit. The parking management strategy. I don't know what that's going to be, but just to how how's the math work out? If they need 12 employees during the day, I I'm you know, how's that? I I get it. At night, they need less, but where do the other two park? And Mr. Zagi, if and when parking ever were to become a problem, that's where the parking analysis and the program that we've been talking about has to be has to kick in. That's where the owner has to find a solution off site. That's where he has to start incorporating parking for his employees at his other locations and potentially shuttle his employees to this location. But up until

it's like there's three shifts. So there's not 12 employees from the morning. Not 12 employees, you know. So it's three shifts. We have employees that come from 6:00 in the morning from 7 in the morning to 3:00 p.m. from 3 3:00 p.m. to 11:00 p.m. and from 11:00 p.m. to uh at 6:00 in the morning or 7 in the morning. So we have three shifts. There's 12 employees that we need to have throughout the day, not at the same time. That's why we're saying like

how many employees do you have? In the morning, in the morning, we have me, which I'm usually there with my brother, which is us two. Like I said, we come in the same car pretty much every day. Not every day, but like pretty much throughout the week uh four times a week. And then we have my assistant administrator, the the person that that cleans that she doesn't drive. The person lives next actually to very next door in the in the next building. So, that's another employee. And then we have two more that they get dropped off. So when you go in the morning, you can go at any time during the morning and you're gonna only see two cars parked, 10 cars. Sometimes they come, a social worker might come, she uses the parking spaces for maybe half an hour. She leaves like that. Again, none of the the the patients or the residents in this case, they drive. So when you go in the morning, you usually see, like I said, I had this 72 patient facility and six parking spaces were enough planning. We never had issues whatsoever. And I don't know if you can see in the records, we don't have issues with parking spaces at all. They don't call, we don't call the cops. Um I don't know if you can see that somewhere in the city. You know, we don't have complaints about parking. So,

did you ever have anybody tandem parking one in front of the other there? No. No. Cuz like I said, we usually have a lot of parking space as as we you know, right now you like I said, you can go drive by whenever you guys want. See, and it's pretty bunch of Now, there aren't 72 beds, so that doesn't apply right now. Like her other facility, like I said, we never open it anymore, though. I know, but I like I said, two years ago, what's the address? Um, the address is uh 68 West 7. How many beds was that? Sorry. Seventh Street. Yes. 68 West 7th Street.

Okay. And that How many beds did that one have? that would back in I don't know if they I think they probably put it up but it was 72 bed facility that was called Revival Home 68 West 7th Street. Revival. Revival. Yeah. Yeah. So we were the owners of that. Like again we never had issues with parking spaces and we only had seven. Okay. is six regular and uh one uh wheelchair um okay the picture that comes out on Google Earth

very dark. Yeah. Does it show any tandem on Google? It does, but it actually shows a car blocked blocking two other cars. But when I saw like like I said in this case, yeah, in this case, we have 10, right? Which is, you know, and like I said, we I I have a question. The And it's just I know Mr. Vasquez brought up the presentation, but we only saw the first slide. Is there other slides that show the design? It's It's still not

Yeah. For every six patients, there's one required staff. So, even if there's three shifts at they need to have 12 personnel there at all. No, it doesn't work like that. Not at all times. You don't need to have uh that many employees. You need to have in like if you like for example in this case you have like in the morning shift I have about six employees. The cleaning lady, the you don't need to have at all times because after after pretty much dinner you don't need to have that many employees. So at after dinner 5 you serve I still have three employees there three and and pretty much after 11 the one that comes there's two employees that come at night but the concern is not at night the concern is during the day when there's family when there's social workers when there's traffic on the street during the night is you know that that's the least concern

I think during the day that foot traffic is what's most concerning with the increased beds and not flexibility to increase parking. Councilwoman, let me do this. I'm I'm sensing heartburn. Right. So, let go ahead. I I hear you, but Claudia, question for you. And we don't have to say the business name. I know there's business around us that I walked it at night in the daytime and they have it looks like the model their business model right now. You know what I'm talking about without there's there's other places around here that I've that I've seen this model right now and I you know what I'm talking about before I can other ALF I don't want to say the name of it other ALF I don't I don't

I don't want to say it so I guess so have you seen other business models like this right or other um ALF models like this with with less parking no with this model I don't want to say the name I guess so I've seen this model of ALF around the entirely. Actually, I've seen quite a few of them and I did notice what you just said. They were busy in the morning and they were just dead at night. So, I'm just making a comment, council. I noticed there was literally an empty parking, but they're really busy at the daytime. Okay. So, uh Mr. Zach, now I'm not going to say anything. Do do we have I think what he's trying to ask, do we have similar 72 unit ALFs in the city that have only 10 spaces available? We do. We do.

We do. and and I can provide you with those locations numbers for the next time so we can see it. I know, but it just so happens, I'm sorry, every time people come up here, they always say that everybody doesn't have cars, that nobody drives to work, that everybody car pulls. And I've never met an individual that doesn't have a car, that doesn't drive to work. And every application that comes here, everybody loves to tell all of us that nobody drives to their job, that everybody cars. And and I mean, it's I've never met those kind of people.

So I I I mean, I don't know how believable this is, and then it becomes our problem. understanding and and and I know that currently they have 40 um and I know this is not a technical resource or anything but if you look at Google images in this property and you go back in time and you always see parking available during the daytime. So I know that it's just for 40 and that is not a technical resource but at least it give you a baseline of where you're standing with parking but we're increasing. Yeah. Yeah. Yeah. Yeah. Yeah. It's not 40.

So let me offer this cuz I'm I'm sensing heartburn in the council. Um, we will request a deferral of this item today. Let us go back and get you very clear numbers on the staffing and the staggered shifts that we have to deal with. Let us come back with the lease agreement with the property owner next door to give us that would help two to three more spaces. How many spaces? It's going to give us about two or three more. Like like Claudia said, you look at this property any time and it's usually an abundance of parking available. We're not concerned about parking, but I can see where the concern is. Yeah,

but I think if I come back and give this council, hopefully you guys will be here on the 9th, um the clear a little bit more of a clear picture with regards to the staffing and the the staggered way that these things happen and some additional parking next door and uh yeah, a backup plan offsite. I think this council will feel a little comfortable to proceed.

Yeah. Yeah. No, thank you. Thank you for that. uh Javi, but Councilwoman Perez was absolutely right. The worker who lives next door can move and that changes everything. The workers that carpool can stop car pooling. So, these are moving targets. So, yeah, that's that's that's a legitimate concern. So, if you can do that, bring us some specific numbers. I'm willing to hear it again. And then a lease agreement with the neighbor. Yes. You said yes. Yeah. I'm willing to hear it again. Yeah, it's up to you if you want it tabled. If you want it.

Listen, we we would have much preferred to vote tonight, but I'm sensing a little bit of heartburn and I don't want to force the vote tonight. for the council president. I just want to be sure that applicant can submit motion to and uh right, but I just want confirm that the applicant will submit the parking lease um and uh description about staffing and so forth for the next agenda that you'll have it in to be placed in the agenda, not just show up with it uh this evening. Is that possible, please? Yes, sir. Okay. Thank you. What date would that be? By can I have a motion to table? Motion second to December 9th, right? Is that what just Yeah. Okay. Is that what you said? December 9th.

Okay. Yeah. We would have to submit the stuff by first week of December. Thank you. Please take Mr. Rodriguez. Yes. Mr. Zagby. Yes. Mr. De La. Yes. Miss Perez. Motion carries. The item is postponed until December 9th, 2025. Thank you. Thank you.

Thank you. Thank you. Item 19H, first reading of proposed ordinance amending city of Halia ordinance number 2023-124 to allow a five-story multifacility deployment with 52 residential units. Supersing the previously approved 8-story multif family development with 48 residential units. repealing variances approving 17% of the units with an area of 692 square ft where 850 ft is a minimum area required and allow 10% of the units to have an area of 600 ft and wave the building mass and building frontage development standards granting a variance permit to allow 48 multif family units 92% with an area less than 700 square ft where 700 ft² is a minimum required and only 25% of residential units may have a minimum area of 500 square ft. Allow 22% pvious area where 30% is the minimum required and to allow the mitigation of six parking spaces as per section 98-1579 subsection 7. All in contrast to Hilia court of ordinances section 98-1630.2 2 and section E of the HIA landscape manual updated July of 2025 entitled tree and lawn requirements by zoning classification. Property located at 1116 Palm Avenue, Hyalia, zone C2, Liberal Retail Commercial District within the neighborhood business district and legally described herein. repealing all ordinances or parts of ordinances in conflict here with providing penalties for violation hereof, providing for a serability clause, and providing for an effective date.

Thank you.

Good evening, Caesar Master with offices at 8105 Northwest 155th Street, Miami Lakes, Florida. You've seen this property before. Uh this is Palm Avenue and 11th Street. Uh this was actually approved a a project there with the MBD extension in December of 2023 which was eight stories and 48 units. Uh what we're requesting now is to change that project uh to a new project which is only five stories and 52 units. So I have a small presentation. As you can see this is what the building will look like on the corner of Palm and 11. Um what was there before uh a little commercial building a mechanic shop and a dealership has already been demolished. It's vacant land now. So next pl next slide. Uh 116 Palm Avenue seeks to provide the residents of Halia with 52 units of highquality centrallylo housing along a transportation corridor which is also part of the extended Halia downtown uh urban area. Next slide. This is what the property looked like before they demolished it. It had a history of blighted residential industrial site known for dumping, unsafe living conditions and criminal activity that's been demolished and it's a vacant property right now. Next slide. What we are trying to achieve. The current zoning is C2 with MBD special use permit approved by the council in December of 2023. The proposed zoning is no change. Approve the zoning classification and a request for the variance in the unit sizes. The variance in the unit sizes is that they're actually smaller than they were before. They're below the 700 uh square

foot uh per unit. They're all onebedroom units also. Next slide. This is the current zoning. This is the ordinance 2023124 which approved the neighborhood business district expansion the 48 market rate apartment units and it had an 11,000 square foot medical center univida on the bottom floor. It was eight stories and the density was 70 dwelling units per acre. The new proposed site plan is for 52 100% workforce housing units at 140 AMI. The building height instead of eight stories is now five stories. The density is still 70 units per acre and the average unit size is 622 square ft. Next slide. Uh we're proposing uh an increase in affordable housing stock and improved access uh beautifification of the area uh improvements to public uh infrastructure. There's going to be a bus shelter, landscaping, artwork, enhanced access to transit and other public services. Next slide. This is a uh rendering of what the building will look like uh looking towards the northwest. This is the corner. The next slide is a different perspective showing you the other side. Uh they have balconies. Next slide. And one more showing the corner. Actually, there's one more after that. Uh the building is has a uh fitness center of 1,244 ft. It has a club room, a package room, a mail room, a bike room, office, uh leasing office, two elevators, and they

will have uh storage for rent on the property as well. Two elevators and two stairwells. Uh there's going to be improvements to the bus stop. Uh there's going to be, as I said before, 100% workforce housing at 140 uh% of uh AMI. So uh we ask you uh for a vote of approval. We have a uh again unanimous vote from the planning and zoning board and we have a recommendation of approval with conditions from uh your staff. We've uh drafted and submitted the proposed declaration of restrictions. Uh so would be happy to answer any questions that you may have. Uh there is also a shortage of parking, but since this is in the extended downtown highle area, it's one of those two areas where we get to pay the $5,000. So that's uh that's part of this of this uh project.

More comments.

Caesar is the um the mitigation to pay for the um six uh variance for the six spaces. Is there any street side parking here or something? I mean, I get it. Uh, but where if they need the parking, where are they going to park? I think the whole idea behind this mitigation of of the parking is that these are made kind of like the tod where, you know, that there's going to be folks that hopefully are using public transportation. We're gonna uh uh one of the things that they're doing is they're talking to the county and the city to put some crosswalks in to enhance the bus shelter. Um things like that. So the idea is for people to start using more public transportation in this extended downtown area. There is on street parking if you see up and down Palm Avenue. So I don't know if they're going to be doing some more and I guess that's what they're going to use the money for to create more on street parking. But this area does have uh quite a bit more than a lot of the other areas in the city.

Yeah. You wanted to add something with me. So Enrique Quuto was part of the uh principles through the chair. Enrique Quutoo um 850 Northwest 42nd Avenue unit capital asset management group. Uh maybe what the director was coming up to say that we are in fact uh Councilman Zagby creating off- streetet parking. We have a total of nine off- streetet parking spaces uh abuing the property both on Palm Avenue and 11th Street. However, of course, as you all know, these do not count towards the parking count. Uh, so in total, we do exceed the the total number of parking spaces required under MBD if those off streetet parkings were to be considered. Yes.

Gotcha. Thank you, sir. Thank you. Thanks also. So, very welcoming, good-looking building for downtown Miami, if I may, through the chair. Yes. Um, yeah, I I think it's a it's a wonderful design for that area right now. What's there? The the Palm Apartments. It's It's a vacant lot. They demolished. It was It was It was a It was a There was a used car dealer on the corner and then there was like a twotory little commercial building. I think had like a jewelry store. Then there was a mechanic shop next to that.

I think I think that the area needs it. So, I think that's a great spot for this. Um the the the crosswalks and all those kind of um different um design that we're going to add to the to that area. They're going to be working with our street department to develop that those enhancements that are needed to mitigate that area. That's correct. Yes. Okay. And and and I I mean 100% of the units are designed for workforce housing. So I think that's fantastic. What what right now is about that 140% of of AMI? What what's that going at? You know what the number is? Okay. Sorry. I'm speaking through the mic.

Absolutely. uh through the chair uh Councilwoman Perez the one at 140% AMI uh the one beds are going off memory from the rental uh tables about 20 uh 100 the two beds are about 23 2400 and the three and well but we only have one bed so really you only have one great that's great thank you do we have a more com I'm Sorry. Yeah. Go ahead. Oh, you were going to say something. Oh, I got a motion and I got a second. Mr. Zagby? Yes. Mr. Dega? Yes. Miss Perez? Yes. Mr. Rodriguez? Yes.

Motion carries. The item is approved. Second reading at public hearing is scheduled for December 9th, 2025. Thank you. Good night. Thank you. Thank you. Item 19 I first reading of proposed ordinance reszoning property from R1 one family District and C2 Liberal Retail Commercial District to P parking District property located at 612 East 27th Street and folio number 0431080012700 Halia zoned R11 family District NC2 Liberal Retail Commercial District and legally described herein repealing all ordinances or parts of ordinances in conflict here with providing penalty ies for violation hereof, providing forability clause and providing for an effective date.

Yes, sir. Sorry, Mr. President and council members. My last item of the night, thank God.

Um, again, Jav Vasquez, law office is at 600 Bickl Avenue. Janelli Perez, my associate. Um, I represent Halia Hospital under the ownership of MPT Halia Stewart. Um, this is the southeast corner of East 27th Street and 6th Avenue. Uh, MPT has purchased those two lots with the intention of using them for parking. As you guys know, the parking structure on the east end of Halia Hospital is being demolished and they're having to be creative uh to resolve temporary solutions. This this parking will house visitors. It'll house everyone in and and then once the new garage is built, it'll be specifically for staff. Um there's an alley, just as an FYI, uh there's an alley between the two lots and the hospital property that we're looking at the possibility of vacating that alley because we're going to be owning both sides and it's going to make things much better for ADA compliance purposes and what have you. Um so we're hoping that you'll approve this application tonight. It's got a recommendation of approval. And uh before I close, there's um no conditions that I have to worry about or bring to your attention. So with that, I'll respectfully close and request your approval tonight in keeping with staff's recommendation and with that of your planning and zoning board.

Yes, sir. Do we have enough parking in this? I'm just kidding. That's not a nice car. Barring any any comments. Absolutely. Uh motion second. Roll, please. Mr. Zagby. Yes. Mr. Dega? Yes. Miss Perez? Yes. Mr. Rodriguez? Yes. Motion carries. The item is approved. Second reading and public hearing is scheduled for December 9th, 2025.

And Monica, I'd love to talk to you about clinical trials. I've gotten to learn a lot about it because not only because of the cancer that I went through, but I've gotten, as you all know, I'm very involved with pediatric cancer and uh pediatric uh trials are a great thing because they lead to in, you know, findings and they don't just become part of the public usage without FDA approval. They're just that they're trials. So, we'll talk about it. Yes. Perfect. Have a good night. Thank

Thank you. Item 19J, first reading a proposed ordinance reszoning property from RO residential office district to R33 multiple family district granting a special use permit to allow the expansion of the neighborhood business district overlay in relation to a proposed multif family development including six residential units pursuant to highly court of ordinances 98-161 granting a variance permit to allow residential use only where mixed use is required to allow a front setback of 6.5 ft or 10 ft built to line are required for the balconies fronting East 49th Street to allow 10.57% pvious area where 30% is a minimum required to allow a partial waiver of minimum landscape requirements through landscape mitigation as per section 98-2235 and to allow nine parking spaces where 10 parking spaces are required. All in contrast to highly court of ordinances sections 98-1628 98-1630.3 subsection E1 98-2235 98-2189 subsection 16A and section E of the Halia landscape manual updated July of 2025 and title tree and lawn requirements by zoning classification property located at 258 East 49th Street Hyia zoned RO residential office district and legally described here repealing all ordinances or parts of ordinances in conflict here with providing penalties for violation hereof, providing for a serability clause, and providing for an effective deed.

Yes, sir. Uh good evening, Mr. uh chairman, members of the board. For the record, my name is Bill Riley. Office is located at 16343 Southwest 256th Street, joined by my colleague, Felix Larte. Um and together we collectively represent the property owner. Um, Mr. Chairman, a moment ago, we had the land use application on this property and a companion item. Uh, the companion item is going to be heard and the uh next item agenda item. Um, and I want to make a few statements on that. So, some questions came up and while I was sitting for the other applications to be finished, I was able to get more clarity. Um, one of the questions was what is the uses of budding this property and I mentioned that to my recollection they were medical uses and I was able to confirm that. So in this application 258 um there is a doctor's office on one side of us at 266 which is Dental Cosmetic Miami and at 250 there's a general practitioner's office Augustine uh Martinez's MD his professional office. This property is also used currently for medical purposes and it's currently a dental office. Um, as you know, um, I mentioned before from the picture, um, the property is a small lot. It's about 6,800 square ft². Uh, the existing structure on the site is about 1,700 square ft. And I mentioned before that the property was completely paved. Um, they have parking for this site for the medical office currently, which demands a much higher parking requirement than residential. Um, in addition to the number of parking spaces required, because it's a transient use, people coming in and out all day long, there's much more uh higher traffic volume. Um, in our case, your

professional staff worked with us um and was very uh adversarial with regard to parking. He made it clear that this was a very high concern of the city and had us look into it, come back and reduce density and other items. Um, we did all that and we're before you today with a variance of one parking space. Now, what kind of adverse conditions could that create? If we look at the proposed site plan, uh the proposed site plan has a three structured a three-level structure. Uh the first level is going to be the lobby and it's going to be all of the parking. So it's nine spaces on the first floor. Um it's almost even though we're providing pvious area where I mentioned before there was no pvious area. Um we are giving some landscaping treatment uh there really is no availability for a car to park anywhere outside that structure. No.

Um it's almost lot line to lot line except for landscaping strips. Now there's no parking on the street. But there is a sidewalk. So the only adverse condition could be if a tenant was there and uh and acting in a bad behavior way. Um they could park on the sidewalk. Now we are half a block away from Halia Senior High School. Um and as we all know that been Hilia High Senior High School um there's a large police presence there all the time. Um, so those people if they ever obstructed the sidewalk would be uh would be uh caught right away and it would be corrected right away. Now there's no ability to park on the rightway because even though it's an 80ft rideway, there is a raised curb median, a large raised curb medium in the center of the road. And in that median there are large uh shade trees. I believe they're oak trees and they're positioned about 6 feet apart which wouldn't allow a car to be there at all. Um, so the people that live here are going to know the parking restrictions. They're going to have to abide by those restrictions and if they tried to have bad behavior, there's really no ability for them to have an adverse impact to the area. Um so that after we talked through those items and we talked to your professional staff, we were able to earn their recommendation of support. Um in addition to the other items that I mentioned before previously, I wanted to say that we also provided like your other applicants before you, we also provided a declaration restrictive covenants. And in that covenants, we wanted to participate in two of the city's programs. So one is we want to participate in the friends of Highline uh program and two we wanted to participate in the landscape mitigation program that the city has. Um and even though we have a variance for the land

for landscaping we are increasing it to what more than what it has currently. Um but because of the small site uh we really just cannot have a 30% landscaping open space for such a small site. and makes it unfeasible for redevelopment and for uh improvement within the area. With that said, um I hope I uh addressed all your previous questions and I'm available for any questions you may have. I motion second. Can you explain that again though? No. Sure. Movea? Yes. Miss Perez? Yes. Mr. Mr. Rodriguez. Yes.

Mr. Zagby. Yes. Motion carries. The item is approved. Second reading and public hearing is scheduled for December 9th, 2025.

Thank you. Next item, please. Item 19K, first reading of proposed ordinance reszoning property from RO residential office district to R33 multiple family district granting a special use permit to allow the expansion of the neighborhood business district overlay in relation to a proposed multif family development including 10 residential units pursuant to highly code of ordinances section 98-161 granting a variance permit to allow residential use only where mixed use is required. allow four multif family units 40% with an area less than 700 square f feet where 700 square f feet is a minimum required and only 25% of residential units may have a minimum area of 500 square ft. Allow a front setback of 6.5 ft where 10 ft built to line are required for balconies fronting east 49th Street. Allow 10.56% pvious area where 30% is the minimum required. Allow a partial waiver of minimum landscape requirements through landscape mitigation as per section 98-2235 and allow 12 parking spaces where 15 parking spaces are required. All in contrast to highly accord ordinances sections 98-1628 98-1630.2 2 98-1630.3 subsection E1 98-2189 subsection 16A and section E of the HIA landscape manual updated July of 2025 and title tree and lawn requirements by zoning classification property located at 265 East 49 Street Helia zoned RO residential office district and legally described herein repealing all ordinances or parts of ordinances in conflict here with providing penalties for violation hereof providing for severability clause and providing for an effective date.

Okay.

Again, Mr. President, members of the council, for the record, Bill Riley with office is located at 16343 Southwest 256 Street joined by my colleague Felix Larte and collectively we are representing the applicant on this project. Um, I won't be redundant or I'll try not to be redundant and the fact that this application is almost a mirror image of the one that you just heard. Um with the exception of I do want to answer some questions that were raised before. Um the same question was asked what kind of uses about this building. Uh this building is currently used as a podiatrist office. Um so it's also in the medical field. There is a medical practice located to our north which is uh Jorge Bortello's medical uh MD's office. The property located to our um to our east appears to be unoccupied um from everything I could look online and it doesn't seem to be um used for any purposes currently. Um but I just wanted to say that I did that research cuz I wanted to make sure I answered your questions and I also wanted to apologize when I was uh coming up last time I was asked about the density. I was thinking about something else and I gave you guys uh I made a mistake. So, I'm going to beat myself up about that misstatement for the next five days, but um everything else with associated with this application is is the same. Uh the same parking issues, uh with regard to the community, uh same no parking on the street, uh same first floor covered parking structure, same three-story structure that we have, um and the same decoration restrictions that we're proposing. Uh so we want to participate in both of the city's programs. We put that in a draft covenant for uh your attorney's review and consideration. Um and with that in an effort not to be

redundant, I'll rest and be available to answer any questions you may have. Motion second. Roof. Mr. Zagby. Yes. Mr. Dega? Yes. Miss Perez? Yes. Mr. Rodriguez? Yes. The motion carries. The item is approved. Second reading of public hearing is scheduled for December 9th, 2025. Thanks. Thank you all very much. You're lucky we're hungry.

Item 190, first reading of proposed ordinance granting a variance permit to allow three on-site parking spaces and two on street parking spaces where 11 parking spaces are required. allow 7.7% pvious area where 10% is the minimum pvious area required and to allow the mitigation of one tree as provided by section 98-2235. All in contrast to Hilia code of ordinances section 98-2189 subsection 7 and section E of the Halia landscape manual updated July of 2025 entitled tree and lawn requirements by zoning classification property located at 223 West 27th Street Hyia zoned M1 Industrial District and legally described herein. repealing all ordinances or parts of ornes in conflict here with providing penalties for violation hereof providing for a severability clause and providing for an effective date. Is there someone here representing this item

through the chair? I don't see the applicant. So I will have requests if we can table this item to next meeting motion to table. Just I rather the applicant be here so we can have that discussion. Have a second. Second. Please take role. Mr. LaGa? Yes. Miss Perez? Yes. Mr. Rodriguez? Yes. Mr. Zagby? Yes. Motion carries. The item is postponed until the city council meeting of December 9th, 2025. Thank you.

Item 19M, first reading of proposed ordinance granting a variance permit to allow a building height of 49 ft where 40 ft is the maximum height allowed. Allow a front setback of 4T where 20 ft are required. Allow 24 parking spaces where 29 parking spaces are required and allow one loading parking space where three loading parking spaces are required. All in contrast to highly accorded of ordinances section 98-1074 subsection 8 98-1069 subsection 8 98-2189 subsection 22 98-220 subsection 1. Property located at 4148 East 8th Avenue 780 East 42nd Street and 790 East 42nd Street. Hilia zone C2 Liberal Retail Commercial District and legally described in exhibit 8. repealing all ordinances or parts of ordinances in conflict here with providing penalties for violation hereof providing for severability clause and providing for an effective de I'm sorry on this on the on the restrictions as far as conditions I'm sorry the applicant show up the western 6ft metal picket fence and the basically landscaping edge at all times what does that mean you could the grass cutter of the What do you mean by that?

No, no, no. I I provide a lush western landscaping edge. So, it's basically a lot of landscaping along the property line to the west. Sorry. Thank you. Yes, I know this. Yeah, I apologize. Only question I got. Motion council motion. Got to can I get a second? What is What is going in this project? What is this project? It's a self- storage facility. Oh, it's a storage facility. Okay. But when you look at the rendering, it looks like an office. Sorry. Name and address, please. Felix Part. My um office address is uh Pardon me because I just

I'm sorry. I was just asking a question. You didn't have to.

So, um my office is 2100 uh office address is 2100 Saliv Street, sweet 303. Uh I am the architect of the project. Um I rep I represent uh this company now for about 15 15 years and um what we did is we've designed this project um with full st uh staff uh uh collaboration if you will and um I I have to tell you before I start any presentation um I have to commend your staff as being extremely professional. Uh the city of Ohio is very fortunate to have the planning staff that you have now. Uh we were very fortunate also to go before the uh the planning board and we were approved unanimously with the conditions. Um sometimes u I don't like to ask for variances but the thing is that sometimes um the square peg doesn't fit in the round hole. Uh so just so you understand from a parking standpoint I know that uh that is an issue. Uh normally most municipalities, most jurisdictions um require for self- storage to have one parking space for every 10,000 square feet. City Halia requires one for every 4,000 square ft. Uh we have um a variance of just a couple parking spaces. Uh but at the same time, uh we know for a fact that we will never ever have any issue whatsoever with that. The second thing is that uh because we are on such a hightraed area as uh Lune Road uh we know that uh by pushing the building up onto Lun it it is uh basically where the face of the ex the original buildings were that were there. Most of the buildings have been demolished. There's

only one left to be demolished once we um uh permit uh our building permit. Uh the second thing is that we made sure that on the south side uh we left almost 67 feet of a buffer area separation from the single family homes on that side. On the north side of that property which is very unusual uh we have a fire station directly across the street. So therefore we were very careful of putting our ingress and egress on the south side of the of the uh the site. So by doing that we're opposite uh to the restaurant on the south side but at the same time we're not providing any type of encumbrance whatsoever to the fire station to the north of us. Um the third thing is that uh we we requested a little more height to be able to give you more of a give the neighbors more of a buffer. Uh so the landscaping buffer that we have on the north side is extensive. uh we do not have any type of uh traffic issue, parking issue or noise issue in the use that we have. So the final thing that we did is uh we we have a four-story building but our floortofloor u uh dimension is only 10t which means that when you look at that and you look at the rendering uh the building looks like a three-story building. So what we did is we're just a little bit over uh the allowed height but we have to count it to the parapit. We did do that. When you look at the building we provided uh on the ground level uh storefront canopies to give a human scale and then we also provided uh the fenestration in such a way that most people will look at it and they will swear that it's a three-story building. um because of the use. Normally when we

abut u any type of residential area and when I say abut I mean adjacent not literally against it. Um the neighbors are very very happy because uh we provide um a zero type of negative impact to the neighbors. Uh we will have u limited office hours. So therefore the use is not uh 247. It's very limited. Uh and we are uh providing all the restrictions that were requested and required by both staff and approved by the planning board. So I I would rather not go through a full-blown presentation because I know you're very tired at this time.

Thank you. Councel, you have a motion. Can I have a second, please? Second, Mr. Res. Yes, Mr. Rodriguez. Mr. Zagby. Yes, Mr. LaGa. Yes. Motion carries. The item is approved. Second reading at public hearing is scheduled for December 9th, 2025. Have a nice Thanksgiving. Thank you. I was laughing. I seen some YouTube be I see some YouTube videos people living there. I'm just That's why I was smirking about that. Our leases are very good. Mis, I have a question. in our agenda. Why some Why do some items state the lobbyist representing the item and some don't?

So, they should all be there. It's just that today is the first day that Gabby received training for the lobbyist, but they we verified he's not a lobbyist because he's an architect and engineers were carved out because they're technically there to answer like uh professional kind of architectural, right? So normally if if a lobbyist is not listed on the agenda, it's because they have not registered and shouldn't be speaking. I I I think I believe that I am also registered as a lobbyist here in Thank you. You bet. Thank you. Thank you. Have a nice Thanksg