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Home My WebLink AboutPZAB 3-24-15 Supporting DocumentationFile ID: Title: Location: Applicant(s): Purpose: Finding(s): Planning & Zoning: PZAB.5 PLANNING, ZONING AND APPEALS BOARD FACT SHEET 15-000651u Quasi -Judicial A RESOLUTION OF PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF 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 §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 2990 SOUTHWEST 36TH COURT, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Approximately 2990 SW 36th Court [Commissioner Marc Sarnoff - District 2] Gilberto Pastoriza, Esquire, on behalf of Deel Realty, LLC. 2525 Ponce de Leon Boulevard, #700 Coral Gables, FL 33134 305-854-0800 This will change the above land use designation for the property from "Duplex Residential" to "Low Density Restricted Commercial". Recommends approval. Item includes a covenant. See companion File ID 15-00065zc. Planning, Zoning and Appeals Board: March 24, 2015 ANALYSIS FOR Future Land Use Map Change PROJECT ADDRESS: 2990 SW 36 Court FILE ID: 15-000651u APPLICANT: Gilberto Pastoriza, Esquire, on behalf of the owner, Deel Realty LLC. COMMISSION DISTRICT: 2 — Commissioner Mark Sarnoff NET OFFICE: Coral Way LAND USE DESIGNATION: Duplex Residential REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan designation of one (1) property from "Duplex Residential" to "Low Density Restricted Commercial". A complete legal description of the properties is on file at the Hearing Boards Office. FUTURE LAND USE Miami Comprehensive Neighborhood Plan (MCNP) Policy LU-1.6.1 established future land use categories according to the 2020 Future Land Use Map and the "Interpretation of the Future Land Use Map." Areas designated as "Duplex Residential" allow residential structures of up to two dwelling units each to a maximum density of 18 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Community based residential facilities (14 clients or less, not including drug, alcohol or correctional rehabilitation facilities) also be will allowed pursuant to applicable state law. Places of worship, primary and secondary schools, child day care centers and adult day care centers are permissible in suitable locations within duplex residential areas. Professional offices, tourist and guest homes, museums, and private clubs or lodges are allowed only in contributing structures within the historic sites or historic districts that have been designated by the Historical and Environmental Preservation Board and are in suitable locations within duplex residential areas, pursuant to applicable land development regulations and the maintenance of required levels of service for such uses. Density and intensity limitations for said uses shall be restricted to those of the contributing structure(s). Areas designated as "Low Density Restricted Commercial" allow residential uses (except rescue missions) to a maximum density equivalent to "Low Density Multifamily Residential" subject to the same limiting conditions; transitory residential facilities such as hotels and motels. This category also allows general office use, clinics and laboratories, auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools. Also allowed are commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector roadways, which include: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above. This category also includes commercial marinas and living quarters on vessels as permissible. All such uses and mixes of uses shall be subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Nonresidential floor_. area is the floor area that_ supports_ nonresidential uses within theinside perimeter of the outside walls of the building including hallways, stairs, closets, thickness of walls, columns and other features, and parking and loading areas, and excluding only open air corridors, porches, balconies and roof areas. DISCUSSION The subject area consists of one (1) parcel comprising approximately 0.17 acres. The parcel is located near the main thoroughfare of Bird Road and is located on SW 36 Court. The subject parcel is designated "Duplex Residential" and the abutting properties are D1-Light Industrial, T3- 0-Duplex Residential and T4-L-Low Density Restricted Commercial. EXISTING NEIGHBORHOOD CHARACTERISTICS: FUTURE LAND USE DESIGNATION ZONING Subject Property: Subject Property: Duplex Residential T3-O; Sub -Urban Zone - Maximum of 18 D.U. per acre Open Surrounding Properties NORTH: Duplex Residential T3-O; Sub -Urban Transect Zone - Maximum of 18 D.U. per acre Open SOUTH: Light Industrial D1; Workplace District Transect Zone Maximum of 36 D.U. per acre EAST: Light Industrial Di ; Workplace District Transect Zone File ID. 15-00065LU Page 2 of 4 Maximum of 36 D.U. per acre WEST: Low -Density Restricted Commercial T4-L; General Urban Transect Zone Maximum of 36 D.U. per acre Limited ANALYSIS • The existing character and density of the site and surrounding area are currently consistent with the Low Density Restricted Commercial section of the corridor and the abutting Duplex Residential areas. The proposed expansion of the T4-L Zone (Low Density Restricted Commercial) is limited to approximately 7,405 square feet (or 0.17 acres) and does not appear to pose or create a foreseeable hardship to the area. • The MCNP Interpretation of the 2020 Future Land Use Map section indicates that the "Low Density Restricted Commercial" future land use designation allows residential uses to a Maximum of dwelling units per acre. This proposed designation would allow the subject property to blend in with the abutting D1 (Light Industrial) and T4-L (Low Density Restricted Commercial) -transect.zones, thereby maintaining a similar character and purpose _for -the neighborhood and to include the commercial properties along Bird Road. • The proposed change to the Future Land Use Map is consistent with the surrounding land use designations. The change is a logical land use change as it pertains to the surrounding land uses. • A land use change at this location would not set a negative precedent and/or create a "domino effect" in regards to future land use change applications throughout this neighborhood. • MCNP Land Use Goal LU-1(1) encourages a land use pattern that protects and enhances the quality of life in the city's residential neighborhoods; (5) promotes the efficient use of land and minimizes land use conflicts; and (6) protects and conserves the city's significant natural and coastal resources. A change to "Low Density Restricted Commercial" is a logical conversion and would not change the character of this corridor and/or impact the quality of life for duplex residential neighborhood. • Land Use Policy LU-1.1.3 provides for the protection of all areas of the city from (1) the encroachment of incompatible land uses; (2) the adverse impacts of future land uses in adjacent areas that disrupt or degrade public health and safety, or natural or man-made amenities. The proposed change is not out of scale with regard to density and height as it pertains to the abutting duplex residential neighborhood. • MCNP Housing Policy HO-1.1.7, states the City will continue to control, through restrictions in the City's development regulations, large scale and/or intense commercial and industrial land development which may negatively impact any residential neighborhood. The proposed change is not out of scale with regard to density and height as it pertains to the duplex residential neighborhood. File ID. 15-00065LU Page 3 of 4 • The MCNP Land Use Policy 1.1.1 provides that new development or redevelopment that results in an increase in density or intensity of land use shall be contingent upon availability of public facilities and services that meet or exceed the minimum LOS standards adopted in the Capital Improvement Element. See concurrency analysis. • The analysis is NOT based on a proposed project. The highest potential use is being considered. • The approved Miami 21 zoning designation on this parcel is T3-O — "Sub -Urban Zone" while the proposed designation is T4-L — "General Urban Zone." RECOMMENDATION Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended and the aforementioned findings, the Planning & Zoning Department recommends approval of the proposed rezoning as presented. Christopher Brimo, AICP Chief of Land Development E. Nunez & M. Fernandez File ID. 15-00065LU Page 4 of 4 FUTURE LAND USE MAP (PROPOSED) PEACOCK•AVE 0 150 300 i I SW 29THST I—W 0 Q _ _ I— <O to '—Duplex; ° Residential co Light Industr BIRD RD 600 Feet ial W M N SW SHIPPING AVE ADDRESS: 2990 SW 36 CT 0 150 FUTURE LAND USE MAP (EXISTING) 300 —Duplex-- Residential !=1/ Light Industrial 600 Feet SW SHIPPING AVE-7 ADDRESS: 2990 SW 36 CT gri D gitaI@Iobe Geoorapjes. CNE -/, @etmappiTig,Aerogrd. ity 0 150 300 600 Feet U,DAYUSeS swis• epo ADDRESS: 2990 SW 36 CT Proposal Nr 15-000651. Date; 03/24/2015 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP WITHIN ATRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant Dee1 Realty LLC, Gilber Pastorixa Address: 2990 SW 36 COURT Boundary Streets: North: SW 29 ST East; SW 36 CT South; Bird Road West: SW 37 Ave. Proposed Change: From. Duplex Residential To. Low Density Restricted Commercial Existing Designation, Maximum Land Use Intensity Residential 0.1700 acres @ 18 DU/acre Peak Hour Person -Trip Generation, Residential Other sq.ft. FLR Peak Hour Person -Trip Generation, Other Residential 0.1700 acres @ 36 DU/acre Peak Hour Person -Trip Generation, Residential Other sq.ft. FLR Peak Hour Person -Trip Generation, Other Net Increment With Proposed Change: Population Dwelling Units Peak Hour Person -Trips Planning District Solid Waste Collection Route Transportation Corridor Name Bird Road 3 DU's 2 6 DU's 5 0 sq.ft 0 8 3 2 Coral Way 310 S2 208 RECREATION AND OPEN SPACE Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 8 0.01 182.80 182.79 OK POTABLE WATER TRANSMISSION Population Increment, Residents Transmission Requirement, gad Excess Capacity Before Change Excess Capacity After Change 8 1,762 >2% above demand >2% above demand OK SANITARY SEWER TRANSMISSION Population Inorem ent, Residents Transmission Requirement, gpd Excess Capacity Before Change 8 1,455 See Note 1. See Note 1. WASA Permit Required STORM SEWER CAPACITY Exfiltretlon System After Change Concurrancy Checkoff OK RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Land Use Goal LU-1 Land We Objective LU-1.1 Land Use Policy 1.1.1 Capital Improvements Goal CI-1 Capital Improvements Objective CI-1.2 (See attachment 1) SOLID WASTE COLLECTION 8 10 800 790 OK TRAFFIC CIRCULATION Population Increment, P Peek -Hoer Person -Trip LOS Before Change LOS After Change 8 2 B B OK NOTES: Permit for sanitary sewer connection must be issued by Miami -Dade Water and Sewer Authority Department (WASA) Excess capacity, if any, is currently not known. Duplex Residential: Allows residential structures allow residential structures of up to two dwelling units each to a maximum density of 18 dwelling units per acre. "Low Density Restricted Commercial" allows residential uses (except rescue missions) to a maximum density equivalent to "Low Density Multifamily Residential" subject to the same limiting conditions; transitory residential facilities such as hotels and motels. This category also allows general office use, clinics and laboratories, auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools. Also allowed are commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector roadways, which include: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above. This category also includes commercial marinas and living quarters on vessels as permissible. This designation allows 36 dwelling units per acre. ASSUMPTIONS AND COMMENTS Population increment is assumed to be all new residents. Peak -period trip generation is based on ITE Trip Generation, 5th Edition at 1.4 ppv average occupancy for private passenger vehicles. Transportation Corridor capacities and LOS are from Table PT-2(R1), Transportation Corridors report. Potable water and wastewater transmission capacities are in accordance with Miami -Dade County stated capacities and are assumed correct. Service connections to water and sewer mains are assumed to be of adequate size; if not, new connections are to be installed at owner's expense. Recreation/Open Space acreage requirements are assumed with proposed change made. City of Miami Legislation PZAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-000651u Final Action Date: A RESOLUTION OF PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF 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 §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 2990 SOUTHWEST 36TH COURT, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 2990 SW 36th Court [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Gilberto Pastoriza, Esquire, on behalf of Deel Realty, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. Item includes a covenant. See companion File ID 15-00065zc. PURPOSE: This will change the above land use designation for the property from "Duplex Residential" to "Low Density Restricted Commercial". WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on March 24, 2015, following an advertised public hearing, adopted Resolution No. PZAB-R-*-* by a vote of * to * (*-*), item no. *, recommending *of the Future Land Use Change as set forth; 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 of Miami and its inhabitants to grant this change of land use designation 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. Section 2. Ordinance No. 10544, as amended, the Future Land Use Map of the Miami Comprehensive Neighborhood Plan, pursuant to small scale amendment procedures subject to §163.3187, Florida Statutes, is further amended by changing the Future Land Use designation of City of Miami Page 1 of 3 File Id: 15-000651u (Version: 1) Printed On: 3/16/2015 File Number: 15-000651u 0.17± acres of real property located at approximately 2990 Southwest 36th Court , Miami, Florida, from "Duplex Residential" to "Low Density Restricted Commercial"; as depicted in "Exhibit A", attached and incorporated. Section 3. It is found that this Comprehensive Plan designation change involves a use of 10 acres or fewer and: (a) Is necessary due to changed or changing conditions; (b) The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year; (c) The proposed amendment does not involve a text change to goals, policies, and objectives of the local government'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 Future Land Use Map amendment shall be permissible; (d) Is one which is not located within an area of critical state concern as designated by §380.0552, Florida Statutes or by the Administration Commission pursuant to §380.05(1), Florida Statutes; (e) Density will be "Low Density Restricted Commercial", 36 dwelling units per acre, per the Miami Neighborhood Comprehensive Plan, as amended, and intensity will be as established in Article 4 of the City of Miami Zoning Ordinance, the Miami 21 Code, as amended; and (f) 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, §163.3187, Florida Statutes. Section 4. The City Manager is directed to instruct the Director of the Planning and Zoning Department to promptly transmit a certified copy of this Ordinance after its adoption on second reading to: the reviewing agencies pursuant to §163.3184, Florida Statutes; and any other person or entity requesting a copy. Section 5. 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 6. This Ordinance may not become effective until thirty-one (31) days after second reading and adoption thereof pursuant and subject to §163.3187, Florida Statutes. {1} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY City of Miami Page 2 of 3 File Id: 15-000651u (Version: 1) Printed On: 3/16/2015 File Number: 15-000651u Footnotes: {1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten 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: 15-000651u (Version: 1) Printed On: 3/16/2015 EXHIBIT "A" Address: 2990 SW 36 Court, Miami, FL Folio No.: 01-4116-019-0800 Legal: Lot 8, Block 13, Overbrook Park, according to the Plat thereof, as recorded in Plat Book 3, Page 206, of the Public Records of Miami -Dade County, Florida MITCHELL BIERMAN, P.A. MITCHELL J. BURNSTEIN, P.A. JAMIE ALAN COLE, P.A. STEPHEN J. HELFMAN, P.A. MICHAEL S. POPOK, P.A. JOSEPH H. SEROTA, P.A. SUSAN L. TREVARTHEN, P.A. RICHARD JAY WEISS, P.A. DAVID M. WOLPIN, P.A. DANIEL L. ABBOTT LILLIAN M. ARANGO IGNACIO G. DEL VALLE JEFFREY D. DECARLO ALAN K. FERTEL CHAD S. FRIEDMAN ALAN L. GABRIEL DOUGLAS R. GONZALES EDWARD G. GUEDES JOSEPH HERNANDEZ ROGER S. KOBERT JOSHUA D. KRUT MATTHEW H. MANDEL MATTHEW PEARL JOHN J. QUICK ANTHONY L. RECIO BRETT J. SCHNEIDER CLIFFORD A. SCHULMAN ALISON F. SMITH MARC SOLOMON LAURA K. WENDELL JAMES E. WHITE WEISS SEROTA HELFMAN COLE BIERMAN & POPOK, P.L. ATTORNEYS AT LAW A PROFESSIONAL LIMITED LIABILITY COMPANY INCLUDING PROFESSIONAL ASSOCIATIONS MIAMI-DADE OFFICE 2525 PONCE DE LEON BOULEVARD SUITE 700 CORAL GABLES, FLORIDA 33134 TELEPHONE 305-854-0800 FACSIMILE 305-854-2323 WWW.WSH-LAW.COM BROWARD OFFICE 200 EAST BROWARD BOULEVARD • SUITE 1900 FORT LAUDERDALE, FLORIDA 33301 TELEPHONE 954-763-4242 • FACSIMILE 954-764-7770 Mr. Francisco Garcia Director Department of Planning & Zoning City of Miami 444 SW 2nd Avenue, 3th Floor Miami, FL 33130 *OF COUNSEL **SENIOR COUNSEL January 9, 2015 MATEO ARIAS ELISA N. BRAMBLE SONJA C. DARBY DANIEL A. ESPINO ERIC P. HOCKMAN SCOTT M. HYMAN KELLV RAINS JESSON KAREN LIEBERMAN* JUSTIN D. LUGER MIA R. MARTIN ALEIDA MARTINEZ MOLINA* EDWARD MARTOS TERENCE L. MCKINLEY* KATHRYN M. MEHAFFEY ROBERT A. MEYERS* GILBERTO PASTORIZA** MARC C. PUGLIESE* GAIL D. SEROTA* ANTHONY C. SOROKA EDUARDO M. SOTO* ALAN SWCHARTZSEID PABLO A. TAMAYO JOANNA G. THOMSON PETER D. WALDMAN* ALICIA H. WELCH SAMUEL I. ZESKIND Re: Comprehensive Plan Amendment & Rezoning Applications (the "Applications") for property located at 2990 SW 36 Court (the "Property") Dear Mr. Garcia: Our firm represents Deel Realty, LLC ("Deel"). Deel is the owner of the Property. Deel is the owner of several car dealerships along Bird road, to -wit: Deel Volvo on the south side of Bird road east of SW 37 Avenue, Deel Volkswagen and Deel Audi on the north side of Bird road east of SW 37 Avenue, see attached copy of the aerial plan for the area. The Property is located immediately north of the dealership on the north side of Bird Road. Deel is requesting an amendment to the Miami Comprehensive Neighborhood Plan (the "Plan") from Duplex Residential to Low Density Restrictive Commercial (the "Amendment") and rezoning the Property from T3-O to T4-L (the "Rezoning"). For the reasons outlined below the proposed Amendment and Rezoning are consistent with the Plan and compatible with the area. Analysis pursuant to Section 7.2.1.2.8 c.2(a) of Miami 21 Mr. Francisco Garcia January 9, 2015 I' age 12 The Property is surrounded by Duplex Residential/T3-O to the north; Light Industrial/D1 to the east and south and Low Density Restrictive Commercial/T4-L to the west. The Rezoning is consistent with Miami 21's successional zoning and is an extension of the abutting T4-L district to the west. The Property will be serving the various dealerships owned by Deel which lie to the south, west and east of the Property from SW 37 Avenue to the Metro Rail. To the east the Dl/Industrial boundary of Deel's properties on the east side of SW 36 Court across from the Property matches the north property line of the Property. To the west there are existing multi -family residential developments. Accordingly, the existing zoning and land use designation is no longer appropriate. Infrastructures are available with sufficient capacity to serve the Property. Attached to this letter are copies of Miami 21 maps indicating the surrounding land use and zoning transects, as well as, aerial overlays showing the surrounding properties and their uses. We look forward to your favorable review of these Applications. Please let us know if you have any questions or require additional information. GP/ms Attachments 2831003 cc: Dan O'Malley Very twly- rs, Gilberto Pastoriza WEISS SEROTA HELFMAN COLE BIERMAN 8C POPOK, P.L. City of Miami - Zoning Application Page 1 of 2 http://maps.miamigis.com/miamizoningsite/ 1/8/2015 City of Miami - Zoning Application Page 1 of 2 By Property Address T3 O T44. http://maps.miamigis.com/miamizoningsite/ 1/8/2015 City of Miami - Zoning Application Page 1 of 2 http://maps.miamigis.com/miamizoningsite/ 1/8/2015 City of Miami - Zoning Application Page 1 of 2 http://maps.miamigis.com/miamizoningsite/ 1/8/2015 COMPREHENSIVE PLAN APPLICATION G...E PLANNING OERAT EN Please refer to Section 62-31 of the Miami City Code for Comprehensive Plan information. 2015 WU, 14 je 3:00 1. Applicant(s): Deel Realty, LLC 2. Subject property address(es) and folio number(s): 2990 SW 36 Court, Miami, FL Folio No. 01-4116-019-0800 3. Present designation(s): Duplex Residential 4. Future designation(s): Low Density Restricted Commercial 5. If the requested Land Use is approved, will a Rezoning be requested for consistency with the Zoning Atlas, per F.S. 163.3184(3)(e)? yes If yes, please contact Planning at 305-416-1400. 6. Has the designation of this property been changed in the last year? If so, when? No 7. Do you own any other property within 200 feet of the subject property? Yes If yes, has the property been granted a Land Use Change within the last year? No 8. One (1) original, two (2) 11x17" copies and one (1) 8'hx11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 9. A clear and legible copy of the recorded warranty deed and tax forms of the most current year showing the present owner(s) and legal description of the property to match the legal description on the survey. 10. A clear and legible copy of the subject property address(es) and legal description(s) on a separate sheet, labeled as "Exhibit A", to match with the current survey's legal description. 11. At least two photographs showing the entire property showing land and improvements. 12. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 13. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers, if applicable —of the subject property. 14. For all corporations and partnerships indicated: a) Articles of Incorporation; b) Certificate from Tallahassee showing good standing, Tess than one (1) year old; c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so; d) Non-profit organizations: A list of Board of Directors less than one (1) year old. 15. Certified list of owners of real estate within 500 feet of the subject property. 16. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 17. Original Public School Concurrency Management System Entered Requirements form. Rev. 07-2013 2 COMPREHENSIVE PLAN APPLICATION 18. The subject property(ies) cannot have any open code enforcement/lien violations. 19. What is the acreage of the project/property site? .17 acres 20. What is the purpose of this application/nature of proposed use? See letter of intent 21. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning and Zoning Department on the 3rd Floor for information. No 22. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning and Zoning Department on the 3rd Floor for information. No 23. Is the property within the Coastal High Hazard Area (CHHA)? Please contact the Planning and Zoning Department on the 3rd Floor for information and further instructions. No 24. What would be the anticipated duration of the presentation in front of the: ( I Planning, Zoning and Appeals Board 30 min. and/or 0 City Commission 30 min. 25. Cost of processing according to Section 62-22 of the Miami City Code*: a. Application to Amend the Comprehensive Neighborhood Plan per acre b. Advertising c. School Concurrency Processing d. Mail notice fee per notice e. Meeting package mailing fee per package $ 5,000.00 $ 1,500.00 $ 150.00 $ 4.50 $ 6.00 *Fees over $25, s u 00, , all be ,• - ' ,• form of a certified check, cashier's check, or money order. Signature Name Gilberto Pastori Telephone (305)854-0800 Address 2525 Ponce de Leon Blvd., #700 Cora Gables, FL 33134 E-mail gpastoriza(c�wsh-law.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this ( day of 2015, by Gilberto Pastoriza, Esq., who is a(n) individual/partner/agent/,corporation of Deel Realty, LLC, a Florida limited liability company. He/She is_ personally known to me or who has produced as identification and who did (did not) take an cy.th. (Stamp) Signature tpRY P`B �'O ; • • , MARILYN SOMODEVILLA * ?* MY COMMISSION # EE 116532 ni ° EXPIRES: September 13, 2015 NNoF FtoeP Bonded Thru Budget Notary Services Rev. 07-2013 3 COMPREHENSIVE PLAN APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Gilberto Pastoriza , who being by me first deposes and says: 1. That he/shc is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who he/shc represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, 0 including or 0 not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/cho is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Applicant(s) Name Applicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Q� The foregoing was acknowledged before me this l day of 20 t , by Gilberto Pastoriza, Esq. who is a(n) individual/partner/ac=t/corporation of Deel Realty, LLC, a Florida limited liability company. He/She is per_s,onally,own to me or who has produced as identification and who did (did not) takes bath. (Stamp) Signature c-totA, 1 0,10 `ivet MARE.TSOMODEVILLA ;e MY COMMISSION # EE 116532 urn EXPIRES: September 13, 2015 448F 66°` donddd Thru Budget Notary Services Rev. 07-2013 4 EXHIBIT "A" Deel Realty, LLC is owned by Trust 23 II 52.4% Greenland Trust 27.6% Daniel O'Malley 20% Trust 23 II's beneficiary is Carlos Bellosta Greenland Trust beneficiary is Jose M. Bellosta EXHIBIT "B" 3673 Bird Road, Miami FL 2991 SW 37 Avenue, Miami, FL 3640 Bird Road, Miami, FL 3601 Bird Road, Miami, FL 3555 SW 29 Terrace, Miami, FL 3650 Bird Road, Miami, FL COMPREHENSIVE PLAN APPLICATION DISCLOSURE OF OWNERSHIP 1. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(es) Deel Realty, LLC Percentage of Ownership See attached Exhibit "A" Subject Property Address(es) 2990 SW 36 Court, Miami, FL 2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): Legal Description(s): See attached Exhibit "B" Gilberto Pastoriza Owner(s) or Attorney Name Owner(s) or Attor - - ure STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this Cf?day of C.4- 201A by Gilberto Pastoriza who is a(n) individual/partner/ag nt/corporation of Dee Realty, LLC, a Florida limited liability company. He/She is gersoonall�y know' n to me or who has produced as identification and who did (did not) taken oath. (Stamp) Signature el OZpNY PUB • "' . `� MARILYN SOM ODEVILLA MY COMMISSION # EE 116532 EXPIRES: September 13, 2015 Foc o� Bonded Thru Budget Notary Services Rev. 07-2013 5 This instrument prepared by and after recording return to: Gilberto Pastoriza, Esq. Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. 2525 Ponce de Leon Blvd., Suite 700 Coral Gables, FL 33134 DECLARATION OF RESTRICTIVE COVENANTS KNOW ALL ME BY THESE PRESENTS: That Deel Realty, LLC ("Owner") hereby makes, declares and imposes on the land legally described on as: Lot 8, Block 13, Overbrook Park, according to the Plat thereof, as recorded in Plat Book 3, Page 206, of the Public Records of Miami -Dade County, Florida (the "Property"). The Declaration of Restrictive Covenants (the "Declaration") running with the title to the land set forth herein, which shall be binding on the Owner, all heirs, successors and assigns, personal representatives, mortgagees, lessees and against all persons claiming by, through or under them. WHEREAS, Owner holds fee simple title to the Property; and WHEREAS, Owner wishes to assure the City of Miami that representations made by the Owner in connection with a comprehensive plan amendment and rezoning of the Property are complied with. NOW, THEREFORE, Owner hereby voluntarily agrees that notwithstanding the T4-L transect on the Property, the following development limitations shall be placed on the Property. Setback: Any structures, building(s) and/or parking garage to be located on the Property shall be set back ten (10) feet from the Property's northern interior side property line. Landscape: The owner shall be required to landscape and maintain the ten (10) foot setback area described in Exhibit "A" with native trees and shrubs. Landscape plans for the ten (10) foot setback area, shall require the approval of the Director of the Planning Department of the City of Miami or its designee. 1. This covenant shall be in effect for a period of thirty (30) years from the date the documents are recorded in the public records of Miami -Dade County, Florida, after which time it shall be extended automatically for successive periods of ten (10) years, unless released in writing by the Owners with approval by the Zoning Administrator. With respect to any portion of the subject property over which a condominium, homeowners or other similar association then exists, the instrument of amendment, modification or release shall be executed by such 1 association (in accordance with its governing documents) in lieu of the fee owners of such portion of the subject property. For modifications, amendments, or releases, joinder is required by each of the directors of the Public Works Department, the Planning Department, the Building Department, and the Office of Zoning, or their designees to execute the instrument of amendment, modification or release upon the demonstration and affirmative fmding that the Covenant is no longer necessary to preserve and protect the property for the purposes herein intended.. 2. The provisions of this instrument may only be amended, modified, or released by approval of the City Commission at a duly noticed public hearing, the cost of which shall be paid by the Owner. Any amendments, modifications or releases will require the approval and signature of the Director of the Planning and Zoning Department and that of the City Attorney as to legal form. 3. Enforcement shall be by action against the parties or persons violating or attempting to violate any covenants. The prevailing party in any action or suit pertaining to or arising out of this Declaration of Restrictive Covenants shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the court may adjudge to be reasonable for the services of its attorney. This enforcement provision shall be in addition to any other remedies available at law, in equity or both. 4. Invalidation of any of these covenants by judgment of court shall not affect any of the other provisions, which shall remain in full force and effect. 5. This Declaration of Restrictive Covenants shall be recorded in the Public Records of Miami -Dade County, Florida, at the Owner's expense within thirty (30) days of it being accepted by the City. The Owner shall promptly submit to the Zoning Administrator a certified copy of the recorded Covenant. 6. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges as may be available to it. 7. Acceptance of Declaration. Acceptance of this Declaration does not obligate the City in any manner, nor does it entitle the Owner to a favorable recommendation or approval of any application, zoning or otherwise, and the City Commission and/or any appropriate City Board or Department of City who retain its full power and authority to deny each such application in whole or in part and to decline to accept any conveyance. IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed as of the day and date first above written. 2 WITNESSES DEEL REALTY, LLC a Florida limited liability company By: Print Name: Print Name: Daniel J. O'Malley Its: Manager Print Name: STATE OF FLORIDA COUNTY OF DADE ) SS: ) The foregoing instrument was acknowledged before me this day of , 2015 by Daniel J. O'Malley as Manager of Deel Realty, LLC, a Florida limited liability company, in the capacity aforestated; such person is (check one) [ ] personally known to me or [ ] has produced as identification. 3 NOTARY PUBLIC PRINT NAME My commission expires: (Seal) Approved as to Planning and Zoning: Francisco Garcia, Director, Planning and Zoning Dept. Approved as to Legal Forn and Correctness: Victoria Mendez, City Attorney 4 EXHIBIT "A" The North ten (10) feet of Lot 8, Block 13, Overbrook Park, according to the Plat thereof, as recorded in Plat Book 3, Page 206, of the Public Records of Miami -Dade County, Florida. 2831003 5 City of Miami Public School Concurrency Concurrency Management System Entered Requirements Applicant Fields Information Application Type Public Hearing Application Sub -Type Land Use Application Name * Deel Realty, LLC Application Phone * 305-854-0800 Application Email * gpastoriza@wsh-law.com Application Address * 2990 SW 36 Court, Miami, FL Contact Fields Information Contact Name * Gilberto Pastoriza, Esq. Contact Phone * 305-854-0800 Contact Email * gpastoriza@wsh-law.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email -1_r iilE`ncdo@irtiamigov. com Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-4116-019-0800 Additional Folio Number Total Acreage * .17 Proposed Land Use/Zoning * Low Density Restricted Commercial Single -Family Detached Units * 0 Single -Family Attached Units (Duplex) * 0 Multi -Family Units * 6 Total # of Units * 6 Redevelopment Information (MUSPs) - Re -development applications are for those vacant sites for which a local government has provided vested rights; or for an already improved property which does not have to be re -platted as deemed by the local government. The number of units to be input into the CMS is the net difference between the existing vested number of units and the newly proposed number of units. Example: an existing 20-unit structure will be torn down for redevelopment. The newly proposed development calls for 40 total units. Local government shall input 20 units in the CMS (net difference between the 20 units vested less the newly proposed 4 units). Required Fields for Application * , - 6*-l(i)u1� )r/ia+'+ Owner(s)/Attorney/Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Owner(s)/Attorney/ApplicantSign. .. - 411110 Thriforegoitg w ad wledge be o th k ` day of�Ct4." 20 ( , by ♦ S�Z/� "L� who isa(n)individual/partner/ ent/co_rporationof e..t% :-a.,,a(n) individual/partnership/corno�ra 'lion e/She is pers known to me or who S produce w as identification an who 1 (did not) take an oath. ♦ (Stamp) VILLA * MY COMMISSION # EE 116532 EXPIRES: September 13, 2015 Bonded Thru Budget Notary Services Prepared by and return to: Lisette Pie Salazar Attorney at Law Key International Title & Escrow, Corp. 200 Crandon Blvd. Suite 311 Key Biscayne, FL 33149 305-361-6161 File Number: Callejas t Hint Parcel Identification No. 01-4116-019-0800 [Space Ahm'e This [.inc For Rewrding Data] Warranty Deed CFN: 20140626521 BOOK 29302 PAGE 768 DATE:09/09/2014 12:36:39 PM DEED DOC 3,000.00 SURTAX 2,250.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY (STATUTORY FORM - SECTION 689.02, F.S.) This indenture made this i day of August, 2014 between Antonio Callejas, a married man whose post office address is 1541 Brickell Avenue, #C1208, Miami, FL 33129 of the County of Miami -Dade, State of Florida, grantor*, and Deel Realty, LLC, a Florida limited liability company whose post office address is 3650 Bird Road, Miami, FL 33133 of the County of Miami -Dade, State of Florida, grantee*, Wituesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($] 0.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida, to -wit: Lot R, Block 13, Overhrook Park, according to the plat thereof as recorded in Plat Book 3, Page 206, Public Records of Miami -Dade County, Florida. Subject to taxes for 2014 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any. and said grantor does hereby fully warrant the title to said land, and will defend the saute against lawful claims of all persons whomsoever. Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's or Grantor's Spouse's homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a part of homestead property. Grantor's and Grantor's Spouse's residence and homestead address is: 154] Brickell Avenue, #C1208, Miami, FL 33129. * "Grantor" and "Grantee" arc used for singular or plural, as context requires. Doublofirne, CFN: 20140626521 BOOK 29302 PAGE 769 In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: State of Florida County of Miarni-Dade The foregoing instrument was acknowledged before me this r1 day of August, 2014 by Antonio Callejas, who [_l is personally known or [ has produced ,yi F [g "art. as identification. [Notary Seal] LISANIBiiAFi) ys MN/COMMISSION N FF 053942 n : 6141 q,; EXPIRES'. SeplBmber 15, 2417 A RA ty;., sanded Thru Nalae PdbHc Undenyriiers ublic Printed Name: tif4, 1-1 j 10x' e My Commission Expires: 1- Warranty Deed (Statutory Form) - Page 2 DoubleTimero City of Miami Address of property(ies): 2990 SW 36 Court L.. (3) 0) Bat - (e7 CO (e)e,Q MIAMI 21 CODE ZONING REFERRAL 01' q(i(o— 6 19-6goo • C-a cdo Attached documents are for the following permit application: Waiver Appeal Warrant Appeal Variance Exception Special Area Plan Amendment to the Code ior11.;g Change Other COMMENTS: Applicant seeks a successional zoning change pursuant to Article 7 Section 7.1.2.8(a) 3, for zoning changes of less than nine (9) acres. Property has a J34-1) zoning designation and seeks an up -zoning to T4-L. Abutting Transect Zones are T44. and DI. Lot Area totals 7,512 square feet and has 54 feet of street frontage. ) 2'1 LI:le Offi 0 ng Dat ( PLANNING AND ZONING DEPARTMENT PROJECTS REVIEW MEETING December 26, 2014 Gilbert Pastoriza, Esquire Weiss Serota Hellman Cole Bierman & Popok 2525 Ponce De Leon Boulevard Coral Gables, FL 33134 Re: 2990 Southwest 36th Court, Application PR-14-162 Existing Zoning Designation: T3-O Net District: Coral Way Dear Mr. Pastoriza: During our Pre -application meeting on December 23, 2014, you presented the following request: A rezoning per Article 7, Section 7.1.2.8 (a) (3), to allow the successional rezoning of land with less than nine (9) acres. The proposal is to change the zone from T3-O to T4-L for a land area of 7,512 square feet which has 54 linear feet of street Frontage on one street. The abutting transect zones are T4-L and D-1. Based on the request, staff has prepared the following comments. Please note that said comments are not to be construed as a recommendation of approval. Staff's comments are: 1. The deadline to submit a complete Rezoning application is January 16, 2015. 2. A school concurrency letter is required; please contact Alina Mencio at 305.416.1425 with questions concerning the concurrency process. 3. The applicant shall also apply for a Land Use change from Duplex Residential to Low Density Restricted Commercial to correspond with the proposed rezoning. 4. If the applicant chooses to proffer a restrictive covenant associated with the rezoning request, the document shall be submitted with the rezoning application package for review and approval by the City of Miami's Law Department and Planning and Zoning Department prior to the anticipated Planning, Zoning, and Appeals Board public hearing. 5. A Unity of Title in recordable form is required for the proposed rezoning of the subject lots. 6. Be advised, that the Planning and Zoning Department reserves the right to make recommendations pertaining to which Transect Zone will yield the most coherent zoning pattern in the context of the immediate vicinity. 444 SOUTHWEST SECOND AVENUE, THIRD FLOOR, MIAMI, FL 33130 305.416.1400 - WWW.MIAMIGOV.COM Additional comments will be provided upon review of a more detailed submittal. Consequently, the City of Miami reserves the right to comment further on the project as details and/or explanations are provided and may revise previous comments based on this supplementary information, The Planning and Zoning Department reviews Permit proposals based on Miami 21 and City Code. Furthermore, the proposed Zone Change is subject to review and compliance with the requirements of all City departments, as applicable. Sincerely, line Ellis r Cc: Derrick Cook, Plan Coordinator, Pamela Stanton, Zoning Plans Processor 2990 SW 36 Court PR-14-162 Pre -Application comments Page 2 BOUNDARY SURVEY Property Address: 2990 SW 36 COURT, MIAMI, FLORIDA 33133 LEGAL DESCRIPTION: Lot 8, in Block 13 of "OVERBROOK PARK", according to the plat thereof, as recorded in Plat Book 3, at Page 206, of the Public Records of Miami -Dade County, Florida. SURVEYOR'S NOTES: 1) The above captioned Property was surveyed and described based on the above Legal Description: Provided by Client. 2) This Certification is only for the lands as described. It is not a certification of Title, Zoning, Easements, or Freedom of Encumbrances. ABSTRACT NOT REVIEWED. 3) There may be additional Restrictions not shown on this survey that may be found in the Public Records of this County, Examination of ABSTRACT OF TITLE will have to be made to determine recorded instruments, if any affecting this property. 4) Accuracy: The expected use of the land, as classified in the Standards of Practice (5J-17FAC), is "Residential High Risk". The minimum relative distance accuracy for this type of boundary survey is 1 foot in 10,000 feet. The accuracy obtained by measurement and calculation of a closed geometric figure was found to exceed this requirement. 5) Foundations and/or footings that may cross beyond the boundary lines of the parcel herein described are not shown hereon. 6) Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to survey maps or reports by other than the signing party or parties are prohibited without written consent of the signing party or parties. 7) Contact the appropriate authority prior to any design work on the herein -described parcel for Building and Zoning information. 8) Underground utilities are not depicted hereon, contact the appropriate authority prior to any design work or construction on the property herein described. Surveyor shall be notified as to any deviation from utilities shown hereon. 9) The surveyor does not determine fence and/or wall ownership. 10) Ownership subjects to OPINION OF TITLE. 11) Type of Survey: BOUNDARY SURVEY. 12) North arrow direction and bearings are based on Recorded Plat Book 3, at Page 206 of the Public Records of Dade County, Florida. 13) Elevations are based on the National Geodetic Vertical Datum (NGVD) of 1929. 14) Bench Mark Used: N/A 15) Flood Zone: "X" Base Flood Elev.: N/A as per Dade County, Florida. FEMA Panel Number: 120650-0457-L-SEPTEMBER 11, 2009 16) This PLAN OF SURVEY has been prepared for the exclusive use of the entities named hereon. The Certificate does not extend to any unnamed party: - DEEL SALES, INC SURVEYOR'S CERTIFICATE: I Hereby Certify to the best of my knowledge and belief that this drawing is a true and correct representation of the BOUNDARY SURVEY of the real property described hereon. I further certify that this survey was prepared in accordance with the applicable provisions of Chapter 5J-17, Florida Administrative Code. Field Date: October 28, 2014 Job# RP14- 845 Pablo J. Alfonso P.S.M. Professional Surveyor & Mapper State of Florida Reg. No.5880 � 4".=)1604Art C] I IV T LAND SURVEYORS, INC. 6175 NW 153rd STREET, SUITE 321, MIAMI LAKES, FLORIDA 33014 Phone: 305-822-6062 * Fax: 305-827-9669 F:\BOUNDARY-SURVEY-NOTESI2990 SW 36 COURT DEEL SITE C - MIAMI - NTS.doc Page 1 of 2 BOUNDARY SURVEY SCALE: 1" = 20' THERE ARE NO TREES TO BE LOCATED ON THIS PROPERTY Io HP. " No I.D. I LOT 19— BLOCK 13 CHAIN LINK FENCE 4' FIP. 1/2" No I.D. 0.2' Ha 2 L >10018 -6 101 €13.0' Iv w ov° UTILITY SHED g.1 0.3' z r 6 d I; € o o /m 61 m 5 ipo r1 z c� I 12.9' 24.10 24.10' 6.5' 16.6' CONCR6T PAPKI RI 0 S N 0.3' — x m N L >10018 -L 101 'FIP. 1 / ' ' No l.D: _. 5 62-- 9' ASPHALT PARKWAY: SIDEWALK , FIP,-1 .2^. No I.D. `CITY OF MIAMI MONUMENT LINE 50 FT. VW — ASPHALT PAVEMENT CENTERLINE OF R W' S.W. 36TH C 2a' DE-"RESSED CURB 208.99' IV OY/A.L� (cD)EIKV LAND SURVEYORS, INC. PHONE: 305-822-6062 # FAX: 305-827-9669 6175 NW 153rd STREET SUITE 321 MIAMI LAKES, FL. 33014 LEGEND - — Overhead Wire Line - —Wood Fence - — Chain Link Fence • Iron Fence -MMonument Line #Centerline GRASS FIP. 1/2" No I.D. e / d' A. =Existing Elevations. F.N. =Found Nall • Conc.=Cgntrele R=Radius !!u!n =Catch Basin F.I.R. =Found Iron Rebor U.E. =Utility, Easement A=Arc ® =Water Meter F.I.P. =Found Iron Pipe/Pin , D.E. =Drainage Easement A=Delta ' , =Power Pole • F.N&D =Found Nall dG Disc D.M.E=Drainage Maintenance T=Tangent SIP/R 'Set Iron Pinmebor Easement A/F-Air Conditioner Page 2 of 2 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. NAME: Gilberto Pastoriza (First Name) (Middle) (Last Name) HOME ADDRESS: Weiss Serota Helfman Cole Bierman & Popok, P.L. (Address Line 1) 2525 Ponce de Leon Blvd., Suite 700 (Address Line 2) CITY: Coral Gables STATE: Florida ZIP: 33134 HOME PHONE: (305) 8 5 4- 0 8 0 0 CELL PHONE: FAX: (305) 8 5 4- 2 3 2 3 EMAIL: gpastoriza@wsh-law.com BUSSINESS or APPLICANT or ENTITY NAME Deel Realty, LLC BUSINESS ADDRESS: 3650 Bird Road (Address Line 1) Miami, FL 33133 (Address Line 2) 1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Rezoning and comprehensive plan applications for properties located at 3101-3145 West Flagler Street 2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? YES ❑X NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. Doc. No.:86543 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a. b. c. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. 5. Describe what is being requested in exchange for the consideration. ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until ex ion of a period of 4 r •. ter the the nullification of application or order. PERSON SUBMITTING DISCLOSURE: igna ure Gilberto Pasto Print Name Sworn to and subscribed before me this o i 200i 57 The foregoing ��" instrument was acknowledged before me by 'U �' who has produced as identification and/or is personally lambda time and who did/did not take an oath. l STATE OF FLORIDA CITY OF MIAMIIAMI MY COMMISSION Notary EXPIRES: Pio o••oRY MARILYN S 3 o OMCH'1f_VIL A ,•.• Pi nt NMMISSION # EE 116532 Enclosure(s) * '.�=} s';, 99i " . P EXPIRES: September 13, 2015 Doc. No.:86543 r'rFOF F1O2`O Bonded Thm Budget Notary Services Page 2