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Ordinance: 13880
File Number: 6341 Final Action Date: 11/21/2019
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, BY
CHANGING THE ZONING CLASSIFICATION FROM "D1," WORK PLACE
TRANSECT ZONE, TO "75-0," URBAN CENTER — OPEN TRANSECT ZONE,
FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3601 BIRD ROAD,
3640 BIRD AVENUE, AND 3555 SOUTHWEST 29 TERRACE; AND BY
CHANGING THE ZONING CLASSIFICATION FROM "74-1_," GENERAL URBAN
— LIMITED TRANSECT ZONE, TO "75-0," URBAN CENTER — OPEN
TRANSECT ZONE, FOR THE PROPERTY LOCATED AT 2990 SOUTHWEST
36 COURT, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A";
ACCEPTING THE VOLUNTARILY PROFFERED COVENANT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY; MAKING FINDINGS; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the properties located at 3640 Bird Avenue, 3601 Bird Road, and 3555
Southwest 29 Terrace Miami, Florida ("Property 1") are currently zoned "D1," Work Place
Transect Zone, on the Zoning Atlas of Ordinance No. 13113, the Zoning Ordinance of the City
of Miami, Florida, as amended ("Miami 21 Code"); and
WHEREAS, the property located at 2990 Southwest 36 Court Miami, Florida ("Property
2") is zoned 74-L," General Urban — Limited Transect Zone, on the Zoning Atlas of the Miami
21 Code; and
WHEREAS, Property 1 and Property 2 are more particularly described in Exhibit "A,"
attached and incorporated (collectively, "Properties"); and
WHEREAS, Deel Realty, LLC, a Delaware Limited Liability Company ("Applicant"), has
submitted a request to change the zoning classifications of the Properties to 75-0," Urban
Center — Open Transect Zone; and
WHEREAS, the Applicant has submitted a companion application to change the Future
Land Use designation of the Properties in the Miami Comprehensive Neighborhood Plan
("MCNP") from "Light Industrial" and "Low Density Restricted Commercial' to "General
Commercial;" and
WHEREAS, the Properties are generally located on the north side of Bird Road between
Southwest 29 Terrace and Southwest 36 Court and are approximately 64,173 square feet (1.47
acres) in size; and
WHEREAS, the Properties are located north of the Douglas Road Metro -Rail Station and
within a City of Miami ("City") designated Transit -Oriented Development ("TOD") area; and
City of Miami Page 1 of 3 File ID: 6341 (Revision: A) Printed On: 1/27/2020
File ID: 6341
Enactment Number: 13880
WHEREAS, Article 7, Sections 7.1.2.8.a. and 7.1.2.8.f.2 of the Miami 21 Code provide
that a change to the Zoning Atlas of the Miami 21 Code may be made only to the next Transect
Zone and shall maintain the goals of the Miami 21 Code to preserve Neighborhoods and to
provide transitions in intensity and Building Height; and
WHEREAS, the City's Planning Department reviewed the application and found that the
proposed zoning changes from "D1," Work Place Transect Zone, and 74-L," General Urban —
Limited Transect Zone, to 75-0," Urban Center — Open Transect Zone, are successional and
would yield the most coherent development pattern given the adjacent neighborhood and
zoning context; and
WHEREAS, the requested change in zoning furthers the goals and objectives of the
MCNP which seek to create mixed-use neighborhood centers near transit as the Douglas Road
Metro -Rail Station is approximately 0.3 miles or a five-minute walking distance from the
Properties; and
WHEREAS, the requested change in zoning furthers the goals of the Miami 21 Code
centered on focused growth around transit nodes and preservation of neighborhoods through
transitions in intensity and building height; and
WHEREAS, the City's Planning Department recommends approval of the rezoning
application for the Properties; and
WHEREAS, the Planning, Zoning and Appeals Board, at its meeting on July 31, 2019,
following an advertised public hearing, adopted Resolution No. PZAB-R-19-038 by a vote of
eight to zero (8-0), Item No. PZAB.8, recommending approval of the rezonings; and
WHEREAS, the Applicant voluntarily proffered a Covenant to provide that the Applicant
would establish a job training program as long as the current dealership is operating to assist
young men and women recently out of foster care affiliated with Casa Valentina and/or similar
organization(s) that would, at a minimum, offer paid job training opportunities for up to four (4)
such individuals per year, or at one given time, in the areas of automotive service technician,
vehicle sales, and/or office administration that may lead to permanent employment; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the MCNP, the Miami 21 Code, and all other City regulations; and
WHEREAS, the City Commission has considered the need and justification for the
proposed rezonings, including changing and changed conditions that make the passage of the
propose rezonings necessary; and
WHEREAS, the City Commission, after careful consideration of this matter, deems it in
the best interest of the general welfare of the City and its inhabitants to approve the rezonings
as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE 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.
City of Miami Page 2 of 3 File ID: 6341 (Revision: A) Printed on: 1/27/2020
File ID: 6341
Enactment Number: 13880
Section 2. The City Commission approves the amendment to the Zoning Atlas of the
Miami 21 Code by changing the zoning classification of Property 1 from "D1," Work Place
Transect Zone, to 75-0," Urban Center — Open Transect Zone, and changing the zoning
classification of Property 2 from 74-L," General Urban — Limited Transect Zone, to 75-0,"
Urban Center — Open Transect Zone, as such properties are more particularly described in
Exhibit "A", attached and incorporated.
Section 3. 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 4. The City Commission accepts the Covenant voluntarily proffered by the
Applicant, in a form acceptable to the City Attorney.
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:
i rias .n ez,'.ityAttorney 1/27/2020
' 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: 6341 (Revision: A) Printed on: 1/27/2020