HomeMy WebLinkAboutO-14257City of Miami
Ordinance 14257
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 13726 Final Action Date: 3/14/2024
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND
USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN,
PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO
SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE
LAND USE DESIGNATION FROM "MEDIUM DENSITY RESTRICTED
COMMERCIAL" TO "RESTRICTED COMMERCIAL" FOR THE PROPERTY
GENERALLY LOCATED AT 1250 NORTHWEST 22 AVENUE MIAMI, FLORIDA
("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN COMPOSITE
EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the property located at 1250 Northwest 22 Avenue, Miami, Florida
("Property") has a current future land use designation of "Medium Density Restricted
Commercial"; and
WHEREAS, Javier Fernandez - SMGQ Law, on behalf of The Polish American Club Of
Miami Inc ("Applicant" or "PACOM") applied to the City of Miami ("City") to amend the Future
Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan ("MCNP") to change
the future land use designation of the Property to "Restricted Commercial"; and
WHEREAS, the Property is an assemblage of one (1) parcel totaling approximately
80,256 square feet (1.84 acres) of land; and
WHEREAS, The PACOM was originally founded in 1938 and has served as the focal
point for Polish civic and cultural life in the Greater Miami area since its founding; and
WHEREAS, the Property's neighborhood is in transition and recently has seen historic
industrial and working waterfront uses cease operations thus the change in Land Use
designation would help to encourage a development pattern that enhances
existing neighborhoods by developing a balance mix of uses, including areas for employment,
shopping, housing, and recreation in close proximity to each other, as stated in Policy LU-13.15;
and
WHEREAS, as described in Policy LU-1.1.7., a mixed — use neighborhood will help to
support the neighboring single-family neighborhood by creating various housing typologies and
increasing commercial and office uses; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on March
15, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-030 by a
vote of seven to three (7-3), Item No. PZAB.2, recommending approval of the Land Use
Designation Change; and
City of Miami Page 1 of 3 File ID: 13726 (Revision: A) Printed On: 3/27/2024
File ID: 13726 Enactment Number: 14257
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the MCNP, Ordinance No. 10544; Ordinance No. 13114, the Zoning Ordinance of the City of
Miami, Florida, as amended ("Miami 21 Code"), and all other City regulations; and
WHEREAS, the City Commission has considered the need and justification for the
proposed change, including changing and changed conditions that make the passage of the
proposed change necessary; and
WHEREAS, the City Commission after careful consideration of this matter, deems it
advisable and in the best interest of the general welfare of the City and its inhabitants to
recommend approval of this amendment to the FLUM of the MCNP as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as fully set forth in this Section.
Section 2. Ordinance No. 10544, as amended, the FLUM of the MCNP, pursuant to
small scale amendment procedures subject to Section 163.3187, Florida Statutes, is amended
by changing the Future Land Use designation of 1.84 ± acres of real property at 1250 Northwest
22 Avenue, Miami, Florida from "Medium Density Restricted Commercial" to "Restricted
Commercial", as described in "Exhibit A", attached and incorporated.
Section 3. It is found that this amendment to the Comprehensive Plan designation
change involves a use of fifty (50) acres or fewer and:
(a) Is necessary due to changed or changing conditions;
(b) The proposed amendment does not involve a text change to goals, policies, or
objectives of the City's comprehensive plan, but proposes a land use change to the
future land use map for a site -specific development. However, text changes that
relate directly to, and are adopted simultaneously with the small-scale FLUM
amendment shall be permissible;
(c) Is one which is not located within an area of critical state concern as designated by
Section 380.0552, Florida Statutes or by the Administration Commission pursuant to
Section 380.05(1), Florida Statutes;
(d) Density will be one hundred fifty (150) dwelling units per acre, pursuant to the MCNP,
and intensity will be as established in Article 4 of the Miami 21 Code; and
(e) The proposed amendment complies with the applicable acreage and density
limitations set forth in the Local Government Comprehensive Planning and Land
Development Regulation Act including, without limitation, Section 163.3187, Florida
Statutes.
Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
City of Miami Page 2 of 3 File ID: 13726 (Revision: A) Printed on: 3/27/2024
File ID: 13726
Enactment Number: 14257
Section 5. This Ordinance shall become effective thirty-one (31) days after second
reading and adoption thereof, pursuant and subject to Section 163.3187(5)(c), Florida Statutes.'
APPROVED AS TO FORM AND CORRECTNESS:
1 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 3 of 3 File ID: 13726 (Revision: A) Printed on: 3/27/2024