HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 13728
Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE
ZONING CLASSIFICATION FROM "T5-L" URBAN CENTER TRANSECT
ZONE - LIMITED, TO "T6-8-L" URBAN CORE TRANSECT ZONE -
LIMITED, FOR THE PROPERTY GENERALLY LOCATED AT 1250
NORTHWEST 22ND AVENUE, MIAMI, FLORIDA ("PROPERTY"), AS
MORE PARTICULARLY DESCRIBED IN COMPOSITE EXHIBIT "A,"
ATTACHED AND INCORPORATED; FURTHER ACCEPTING THE
VOLUNTARILY PROFFERED COVENANT, ATTACHED AND
INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION(S): 1250 NW 22 Avenue
APPLICANT(S): Javier Fernandez, Esquire, on behalf of Polish American Club of Miami,
Inc.
PURPOSE: The application seeks to amend the above property from "T5-L" Urban Center
Transect Zone Limited to "T6-8-L" Urban Core Transect Zone Open.
FINDING(S):
PLANNING DEPARTMENT: Recommended denial.
PLANNING, ZONING AND APPEALS BOARD: On March 15, 2023, recommended
approval, by a vote of 7-3.
City of Miami File ID: 13728 (Revision: B) Printed On: 7/24/2025
City of Miami
Legislation
Ordinance
Enactment Number:14258
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 13728 Final Action Date: 3/14/2024
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE
ZONING CLASSIFICATION FROM "T5-L" URBAN CENTER TRANSECT
ZONE - LIMITED, TO "T6-8-L" URBAN CORE TRANSECT ZONE -LIMITED,
FOR THE PROPERTY GENERALLY LOCATED AT 1250 NORTHWEST
22ND AVENUE, MIAMI, FLORIDA ("PROPERTY"), AS MORE
PARTICULARLY DESCRIBED IN COMPOSITE EXHIBIT "A," ATTACHED
AND INCORPORATED; FURTHER ACCEPTING THE VOLUNTARILY
PROFFERED COVENANT, ATTACHED AND INCORPORATED AS
EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Polish American Club of Miami ("Applicant" and "PACOM") has
submitted a request to change the zoning classification from "T5-L" Urban Center Transect
Zone — Limited to "T6-8-L" Urban Core Transect Zone -Limited, on the Zoning Atlas of Ordinance
No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code")
for the property located at 1250 Northwest 22nd Avenue, Miami, Florida, as more particularly
described in the attached and incorporated Exhibit "A" ("Property"); and
WHEREAS, the Property consists of one (1) parcel totaling approximately 80,256 square
feet (±1.84 acres) of land; and
WHEREAS, the Future Land Use Map ("FLUM") designation is Medium Density
Restricted Commercial; and
WHEREAS, the request to rezone the Property from "T5-L" Urban Center Transect Zone
— Limited to "T6-8-L" Urban Core Transect Zone — Limited is inconsistent with the Property's
existing future land uses ("FLU") of Medium Density Restricted Commercial, therefore, a
concurrent Comprehensive Plan Amendment is required and has been submitted as a
companion application PZ-22-12001; and
WHEREAS, the Property is currently vacant and is bordered by Civic and Residential
uses; and
WHEREAS, the Property is bounded by Northwest 14th Street to the north, Comfort
Canal to the south, Northwest 22nd Street to the east and Northwest 23rd Street to the west; and
WHEREAS, the Property is located in a portion of the Allapattah neighborhood where
there are a variety of zoning designations, commercial uses, and housing types; and
City of Miami File ID: 13728 (Revision: B) Printed On: 7/24/2025
WHEREAS, the Property was zoned "R-3" under the previous Zoning Code, Ordinance
No. 11000, which permitted sixty-five (65) dwelling units per acre; and
WHEREAS, the PACOM was originally founded in 1938 and has served as the focal
point for Polish civic and cultural life in Miami since its founding; and
WHEREAS, the proposed "T6-8-L" Urban Core Transect Zone -Limited zoning
classification will result in higher intensity and taller development; and
WHEREAS, the City's Planning Department found this request to rezone the Property
inconsistent with the Miami Comprehensive Neighborhood Plan ("MCNP"); inconsistent with
Article 7, Section 7.1.2.8.f.1(b) of the Miami 21 Code; inconsistent with Article 7, Section
7.1.2.8.f.2 of the Miami 21 Code in that is not successional; and inappropriate in light of the
intent of the Miami 21 Code; and
WHEREAS, the Planning Department recommended denial of the rezoning application
from "T5-L" Urban Center Transect Zone — Limited, to "T6-8- L" Urban Core Transect Zone -
Limited; and
WHEREAS, the Applicant's voluntarily proffered Declaration of Restrictive Covenants
does not affect the Planning Department's recommendation or analysis; and
WHEREAS, the Applicant voluntarily proffered a Declaration of Restrictive Covenants,
attached and incorporated as Exhibit "B," that provides waterfront access to the public from 6:00
AM to 10:00 PM along the river walk to be developed as part of any future; provides that the
Riverwalk will be designed in accordance with Article 3, Section 3.11 and Appendix B of the
Miami 21 Code and the Baywalk Riverwalk Design Standards and Guidelines; recognizing
working waterfront and proffering related restrictions; providing a height limitation of eight (8)
stories or 123 feet, whichever is less; providing a community facility space for the future home of
The Polish American Club of Miami, Inc. (or its successor entity) of not less than 10,000 gross
square feet in size in any structure constructed on the Property; and providing that prior to
procuring a building permit for any structure or building on the Property, Owner shall submit a
site plan of the proposed improvements to the Miami River Commission's Urban Infill
Subcommittee for its review of the same; requiring that not less than twenty percent (20%) of all
future residential dwelling units constructed on the Property be set -aside as Workforce Housing
for households earning up to one hundred percent (100%) of the Area Median Income(" AMI");
and a restriction not to solicit a change of zoning for a period of thirty-six (36) months from the
date of the recording of the Declaration; 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-23-031 by a
vote of seven to three (7-3), Item No. PZAB.3, recommending approval of the rezoning change;
and
WHEREAS, City Commission has given full consideration to the Planning Department's
recommendation; and
WHEREAS, the City Commission has considered the need and justification for the
proposed change, including changed or changing conditions that make the passage of the
proposed change necessary; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the MCNP, the Miami 21 Code, and all other City regulations;
City of Miami File ID: 13728 (Revision: B) Printed On: 7/24/2025
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 if fully set forth in this Section.
Section 2. The Zoning Atlas of the Miami 21 Code is amended by changing the zoning
classification from "T5-L" Urban Center Transect Zone — Limited to "T6-8- L" Urban Core
Transect Zone- Limited, for the Property, as described in Exhibit "A," attached and incorporated.
Section 3. The City Commission accepts the voluntarily proffered Declaration of
Restrictive Covenants, attached and incorporated as Exhibit "B".
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.
Section 5. This Ordinance shall become effective thirty-one (31) days after second
reading and adoption thereof, pursuant and subject to Section 163.3184(12), Florida Statutes
and Section 163.3187(5)(c), Florida Statutes.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor
4/17/2023ndez, City Attor
ey ) 1/29/2024
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 File ID: 13728 (Revision: B) Printed On: 7/24/2025