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PZAB.3
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: Continued from 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 nonresidentiaI uses within the inside
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-
O-Duplex Residential and T4-L-Low Density Restricted Commercial.
EXISTING NEIGHBORHOOD CHARACTERISTICS:
FUTURE LAND USE DESIGNATION
Subject Property:
Duplex Residential
Maximum of 18 D.U. per acre
Surrounding Properties
NORTH: Duplex Residential
Maximum of 18 D.U. per acre
SOUTH: Light Industrial
Maximum of 36 D.U. per acre
EAST: Light Industrial
ZONING
Subject Property:
T3-O; Sub -Urban Zone -
Open
T3-O; Sub -Urban Transect Zone -
Open
D1; Workplace District Transect Zone
D1; 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- similarcharacter 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 (I) 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 an 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
OUGLAS
TATION
0 150 300
SW29THST
Duplex --
Residential
Light Industrial
BIRD RD
600 Feet
SW SHIPPING AVE
L -
ADDRESS: 2990 SW 36 CT
FUTURE LAND USE MAP (EXISTING)
SW 29TH_ST
0
—Duplex---
-Residential
c=1
Light Industrial
BIRD RD
0 150 300 600 Feet
I i I I
General I
mei
Commercialu,
SW SHIPPING AVER
ADDRESS: 2990 SW 36 CT
f C) N
CI SW:SHIPPING AVE
� ` o E �r , Digitaltlobea e eoE i cubed. E-rart,h• • r
ooraphies. CNE-/G• a gAE7X.
1t1/ Getmapprii gAerogrid.
%i �',_ aCfiu�fnnl by
0 150 300 600 Feet
I i I I
U'DAUSGS
I e P, swiisstopo.
ADDRESS: 2990 SW 36 CT
Pro pose] Nt 15-000651u
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 De el Realty LLC, Gllber Pa storiza
Address; 2990 SW 36 COURT
Boundary Streets; North: SW 29 ST
South: Bird Road
Proposed Change: From: Duplex Re
To: Low Density Restricted Corn merclal
Residential 0.1700 acres @ 18 DU/acre
Peak Hour Person -Trip Generation, Residential
Other sq.ft. @ FLR
Peak Hour Person -Trip Generation, Other
0.1700 acres @ 36 DU/acre
Other
Peak Hour Person -Trip Generetion, Other
Population
Dwelling Units
Peak Hour Person -Trips
Planning District
County Wastewater Collection Zone
Drainage Subcatchment Basin
FLR
Bird Road
East: SW 36 CT
West: SW 37 Ave.
3 DU's
2
0 sq.ft.
6 DU's
5
0 sq.ft.
0
8
3
2
Coral Way
310
S2
208
RECREATION AND OPEN SPACE
Population Increment, Residents
Space Requirement, acre
Excess Capacity Before Change
Excess Capacity After Change
8
0,01
182.80
182.79
OK
POTABLE WATER TRANSMISSION
8
1,762
>2% above demand
>2% above demand
OK
SANITARY SEWER TRANSMISSION
Population Increment, Residents
Transmission Requirement, gpd
Excess Capacity Before Change
8
1,455
See Note 1.
See Note 1.
WASA Permit Required
STORM SEWER CAPACITY
Exfiltratlon System After Change
On site
On-slte
OK
RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES
Land Use Goal LU-1
Land Use Objective LU-1 1
Land Use Policy 1.1.1
Capital Improvements Goal CI-1
Capital Int proven! ants Objective CI-1.2
Ce,ital I, pros,. a.m Policy 1.2.3 a - g
SOLID WASTE COLLECTION
Concurrency Checkoff
8
10
800
790
OK
TRAFFIC CIRCULATION
Population Increment, Residents
Peak -Hour Person -Trip Generation
LOS Before Change
LOS After Change
Concurrency Checkoff
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: 15-00065Iu 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 April 15, 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: 4/7/2015
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: 4/7/2015
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: 4/7/2015
Address:
Folio No.:
Legal:
EXHIBIT "A"
2990 SW 36 Court, Miami, FL
01-4116-019-0800
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
MIAM I-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 2" a 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
KELLY 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 consi stent
with the Plan and compatible with the area.
Analysis pursuant to Section 7.2.1.2.8 c.2(g) of Miami 21
Mr. Francisco Garcia
January 9, 2015
Page 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 D1/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 tr J rs,
Gilberto Pastoriza
WEISS SEROTA HELFMAN
COLE BIERMAN 8c POPOK, P.L.
City of Miami - Zoning Application
Page 1 of 2
Parcel Search:
LIND. RestCan
2990 SW 36 CT
Light Indushia
Duplex Rea
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
City of Miami - Zoning Application
Page 1 of 2
http://maps.miamigis.com/miamizoningsite/
1/8/2015
COMPREHENSIVE PLAN APPLICATION
PLANNING DEPAR iEN
Please refer to Section 62-31 of the Miami City Code for Comprehensive Plan information.
2015 J, d 114 Pii 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) 81/2x11 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, less 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:
0 Planning, Zoning and Appeals Board 30 min. and/or I] 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 e i 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 gpastorizaCa�wsh-law.com
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE C�
The foregoing was acknowledged before me this ( day of
2015, by Gilberto Pastoriza, Esq., who is a(n) individual/partner/gaent/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 o,.th.
(Stamp)
Signature
tpu
+° ;RY ^•p•e(% MARILYN SOMODEVILLA
MY COMMISSION # EE 116532
EXPIRES: September 13, 2015
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/she 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, i including or ❑ 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/she 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 [ day of
20 i. , by Gilberto Pastoriza, Esq. who is a(n) individual/partner/a ent/corporation of Deel
Realty, LLC, a Florida limited liability company. He/She is pegs_ nally p� n to me or who has
produced as identification and who did (did not) take bath.
(Stamp)
MARILYN $OMODEVILLA
4 MY COMMISSION # EE 116532
EXPIRES; September 13, 2015
Bonded Thru Budget Notary Services
Rev. 07-2013 4
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
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing
20A by
Der Realty,
produced
(Stamp)
Owner(s) or Attor _ _ ure
was acknowledged before me this day of
Gilberto Pastoriza who is a(n) individual/partner/ag nticorporation of
LLC, a Florida limited liability company. He/She is ersonally known to the or who has
as identification and who did (did not) taken oath.
Signature
OtpRY PGB
'' `, MARILYN SO
MODEVI
* MY COMMISSION # EE 1165LLA32
EXPIRES: September 13,2015
�rFOF F10c, Bonded Thru Budget Notary Services
Rev. 07-2013
5
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
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
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 finding 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 Foiiu 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
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
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
[Space Above This Line For Recording Data]
Warranty Deed
(STATUTORY FORM - SECTION 689.02, F.S.)
This Indenture made this 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 ($10.00) 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 8, Block 13, Overbrook 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 Lhe title to said land, and will defend the same 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 il contiguous to or a pars of homestead property.
Grantor's and Grantor's Spouse's residence and homestead address is: 1541 Brickell Avenue, #C1208, Miami, FL 33129.
* "Grantor" and "Grantee" arc used for singular or plural, as context requires.
DoubleTirnev
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:
�arolito t,atteJas
State of Florida
County of Miarni-Dade
(SeaI)
The foregoing instrument was acknowledged before me this 1 day of August, 2014 by Antonio Callejas, who [_] is
personally known or j has produced
[Notary Seal]
t1SA HIBIARD
MYCOMM ISSION N FF 05442
` EXPIRES: September 15,2017
6ontledThruNotary Public UndervrtAcrs
as identification.
Printed Name:
My Commission Expires:
1- (S' 1 1
Warranty Deed (Sfat&fory Form) - Page 2 CoubleTimee
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
DY/'SL lM1NT
LAND B U R V E Y O R B, I N C.
6175 NW 153rtl STREET, SUITE 321, MIAMI LAKES, FLORIDA 33014
Phone: 305-822-6062 * Fax: 305-827-9669
F:\BOUNDARY-SURVEY-NOTESV.990 SW 36 COURT DEEL SITE C - MIAMI - NTS.doc
Page 1 of 2
F:\DRAWING\2990 SW 36 COIRT_DEEL SITE.dwg 10/29
BOUNDARY SURVEY
SCALE: 1" = 20'
THERE ARE NO TREES TO BE LOCATED ON THIS PROPERTY
No I.D.
0.2'
Ha
24 N0018 -6 101
€13.0'
LOT 19- BLOCK 13
CHAIN LINK FENCE
53104'x
441
1 UTILITY
F SHED—
g.
0
an
0
0
z
r
12.9'
24.10'
—I
24.10'
"' 16.5'
0
1
V FIP. 1/2"
No I.D.
0.3'
p
16.6
CO
CR
F 'AP1KING
R
ON
S
CO
0)
rn
3
0t
0.3'
>10018 -L 101
208.99'
Ha .- Ha
FIP. 1/2"
No LD.
5
9' ASPHALT PARKWAY;
5, SIDEWALK FIP .
No I.D.
—CITY OF MIAMI MONUMENT LINE
50 FT. R/W — ASPHALT PAVEMENT
CENTERLINE OF R7T"
S.W 36TH CT.
..-_._- ..._34. DFPRESSED CURB:.
GRASS
u
LAND EILIRVEYDRB, INC.
PHONE: 305-822-6062 * FAX: 305-827-9669
6175 NW 153rd STREET SUITE 321
MIAMI LAKES, FL. 33014
o0
— — —Overhead Wire Line 4 =Existing Elevations
—n—u—Wood Fence nrw =Catch Basin
— — — Chatn Link Fence ® =Water Meter
o v Iron Fence To =Power Pole
Monument Line
# Centerline
LEGEND
F.N. =Found Nail
F.I.R. =Found Iron Rehr
F.I.P. =Found Iron Pipe/Pin
F.NdrD =Found Nall $ Disc
SIP/R =Set Iron Pln/Rebar
FIP. 1/2"
No I.D.
Conc. =Concrete R=Radius
U.E. =Utility. Easement A=Arc
, D.E. =Drainage Easement A=Delta
D.M.E=Drainage Maintenance T=Tongent
Easement
A/C=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) 854-0800 CELL PHONE: FAX: (305) 854-2323
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
Ordinance 12918 and such circumvention shall be deemed a violation of
or civil penalties that may be imposed under the City Code, upon determination
disclosure requirement was not fully and timely satisfied the following may
1. the application or order, as applicable, shall be deemed
effect; and
2. no application from any person or entity for the
considered by the applicable board(s) until ex ion
nullification of the application or order.
artifice to circumvent the disclosure requirements of
the Ordinance; and that in addition to the criminal
by the City Commission that the foregoing
occur:
void without further force or
same issue shall be reviewed or
of a period of r r : ter the
PERSON SUBMITTING DISCLOSURE:
Signa ure
Gilberto Pasto
Print Name
9
Sworn to and subscribed before me this }�o \\ , 200i'7 The foregoing
instrument was acknowledged before me by l 1(}
6 -`.�"
r who has produced
as identification and/or is personalLulasouz
trine and who did/did not take an oath.
STATEOFFLORIDA
CITY
CITY OF MIAMIAMI
MY COMMISSION
EXPIRES:
Notary
*;6�v MAI ILYN SOMOrit ViLLA
4'
.
P,nt IVMMISSION # EE 116532
Enclosure(s) * ��ys
s.;- :iigr"'.> P EXPIRES: September 13, 2015
Doc. No.:86543 f 7 OF rtcP\o Bonded Thru Budget Notary Services Page 2