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Home My WebLink AboutPZAB 3-24-15 Supporting DocumentationFile ID: Title: Location: Applicant(s): Purpose: Finding(s): Planning & Zoning: PZAB.6 PLANNING, ZONING AND APPEALS BOARD FACT SHEET 15-00065zc Quasi -Judicial A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T3-O "SUB -URBAN TRANSECT ZONE OPEN" TO T4-L "URBAN CENTER TRANSECT ZONE LIMITED", FOR THE PROPERTY LOCATED AT APPROXIMATELY 2990 SOUTHWEST 36TH COURT, MIAMI, FLORIDA; MAKING FINDINGS; 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 allow a zoning designation change for the above property from T3-O to T4-L. Recommends approval. Item includes a covenant. See companion File ID 15-000651u. Planning, Zoning and Appeals Board: March 24, 2015 City of Miami Planning and Zoning Department Land Development Section ANALYSIS FOR CHANGE OF ZONING APPLICANT: Deel Realty, LLC FILE ID: 15-00065zc PROJECT ADDRESS: 2990 SW 36th Court ZIP: 33137 NET OFFICE: Coral Way HEARING DATE: 3/18/15 COMMISSION DISTRICT: District 2 ITEM: PZAB.5 A. GENERAL INFORMATION: REQUEST: Pursuant to Article 5 and Article 7, Section 7.1.2.8 of Ordinance 13114, as amended, the applicant is requesting a change of zoning for a parcel zoned T3-0 "Sub -Urban Open Transect Zone" to T4-L "Urban Center Limited Transect Zone". The subject property is located within the Coral Way NET area and the Overbrook Park Subdivision. The parcel is an interior lot approximately 7,512.40 sq. ft., and is the second parcel from the NW corner of Bird Road and SW 36th Street (Complete legal description is on file with the Hearing Boards Section). B. BACKGROUND: The subject site contains an existing one story, 2,228 sq. ft. triplex developed in 1962. The property was previously zoned Two -Family Residential "R-2" and was subsequently rezoned on April 2010 under Miami 21 to Urban Transect Zone "T3-0', subsequently the applicant acquired the property on August 19, 2014. The applicant is currently seeking a change of zoning to T4-L. The applicant currently owns the adjacent parcel to the south (Deel Volvo) and seeks to expand the existing car dealer, car storage use onto said parcel. COMPREHENSIVE PLAN: The requested zoning designation of T4-L is inconsistent with the current Miami Comprehensive Neighborhood Plan (MCNP) designation of Duplex Residential. However, the existing character and density of the area is consistent with the proposed land use modifications as proposed under the Comprehensive Plan. 15-00065zc Page 1 of 3 As such, staff has submitted a companion item under (15-000651u) with this request to amend the land use designations for said parcel. C. NEIGHBORHOOD CHARACTERISTICS: ZONING Subject Property T3-0 Urban Transect Zone Surrounding Properties FUTURE LAND USE DESIGNATION Duplex Residential Maximum of 18 D.U. per acre NORTH: T3-0; Suburban Transect Zone Duplex Residential (adjacent) Overbrook Park Sub Maximum of 18 D.U. per acre SOUTH: D1; Workplace District Transect Zone Light Industrial (adjacent) Deel Volvo Maximum of 36 D.U. per acre EAST: D1; Workplace District Transect Zone Light Industrial (across SW 36th Court) Maximum of 36 D.U. per acre WEST: T4-L; General Urban Transect Zone Low Density Restricted Commercial (adjacent) Maximum of 36 D.U. per acre D. ANALYSIS: The following is a review of the request pursuant to a rezoning criteria at Article 7, Section 7.1.2.8 (a)(3) & (f)(2) of Miami 21. The Background section of this report is hereby incorporated into the analysis and its corresponding criteria by reference: Criteria: For rezonings: A change may be made only to the next intensity Transect Zone or by a Special Area Plan, and in a manner which maintains the goals of the Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and building heights. Analysis: The property is a legally platted parcel located within the Overbrook Park Subdivision. Staff finds the proposed zoning request to be consistent with the goals of the Miami 21 Code as the request is compatible with the surrounding zoning districts and provides a transition in height and intensity. Rezoning the property to T4-L would result in successional zoning and will allow the applicant to expand the car dealer use via a warrant. Staff notes that the parcels directly to the south and east are currently used as a car dealership. Finding: Consistent 15.00065zc Page 2 of 3 E. NEIGHBORHOOD SERVICES: NET No Objection Code Compliance No Objection Building Required Historic Preservation No Objection Environmental Resources No Objection F. CONCLUSION: The Department of Planning and Zoning recommends approval of the applicant's request for a change of zoning. The proposed change of zoning provides a transition in height and intensity into the transitional zoning. The applicant has proffered a covenant which provides a 10 wide landscape and building setback along the northern interior side of the subject parcel for a period of thirty (30) years extended automatically for a successive periods of ten (10) years. Staff finds that the Declaration of Restrictive Covenants as proposed and the applicant's request to rezone the subject property to T4-L merit a change of zoning as said request will provide a ten foot (10') wide Landscape setback easement along the northern boundary of the subject parcel. Said easement will be landscaped and maintained to minimize the commercial impact onto the adjacent residential district. Rezoning the parcel will allow the applicant to expand the car storage component of the car dealer onto said parcel via the warrant process. Staff finds the zoning request is consistent with the goals of the Miami 21 Code as the request is compatible with the surrounding zoning districts and provides an appropriate zoning transition. G. RECOMMENDATION: Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended on the aforementioned findings, the Planning & Zoning Department recommends approval of the proposed rezoning as presented. pia, Christopher Brimo, AICP Chief of Land Development 2/27/15 E. Nunez / M. Fernandez 15-00065zc Page 3 of 3 Yes No N/A. Analysis for ZONING CHANGE File ID: 15-00065zc a) The proposed change conforms with the adopted Miami Comprehensive Neighborhood Plan and does not require a plan amendment. b) The proposed change is in harmony with the established land use pattern. c) The proposed change is related to adjacent and nearby districts. d) The change suggested is not out of scale with the needs of the neighborhood or the city. e) The proposed change maintains the same or similar population density pattern and thereby does not increase or overtax the load on public facilities such as schools, utilities, streets, etc. f) Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. g) Changed or changing conditions make the passage of the proposed change necessary. h) The proposed change positively influences living conditions in the neighborhood. i) The proposed change has the same or similar impact on traffic and does not affect public safety to a greater extent than the existing classification. j) The proposed change has the same or similar impact on drainage as the existing classification. k) The proposed change has the same or similar impact on light and air to adjacent areas as the existing classification. I) The proposed change has the same or similar impact on property values in the adjacent area as the existing classification. m) The proposed change will contribute to the improvement or development of adjacent property in accord with existing regulations. n) The proposed change conveys the same treatment to the individual owner as to owners within the same classification and the immediate area and furthers the protection of the public welfare. o) There are substantial reasons why the use of the property is unfairly limited under existing zoning. p) It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. MIAMI 21 ZONING MAP (PROPOSED) Ti6_12-O 0 150 300 600 Feet • NVil Iage,pest • s s\ IsIclN,&Charle ANeighborhood �� monsevation Z, \\\%\\\,,\\SI�• tik'N:�IIIGAVE �CDistrict ADDRESS: 2990 SW 36 CT MIAMI 21 ZONING MAP (EXISTING) T642r-O \Village�West\\� ♦ Island &Charles s\ oAwNei hborhood• \\vim\. -.\\sr. -;H1N p'G AVE Conservationn District 0 150 300 I i I I 600 Feet ADDRESS: 2990 SW 36 CT tea• E:4r, Digitaltlobe oorap es, ONES/ Getmappi g• Aerogrid. OC I unity 0 150 300 600 Feet I i I I ADDRESS: 2990 SW 36 CT City of Miami Legislation PZAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-00065zc Final Action Date: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T3-O "SUB -URBAN TRANSECT ZONE OPEN" TO T4-L "URBAN CENTER TRANSECT ZONE LIMITED", FOR THE PROPERTY LOCATED AT APPROXIMATELY 2990 SOUTHWEST 36TH COURT, MIAMI, FLORIDA; MAKING FINDINGS; 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: Recommended approval. Item includes a covenant. See companion File ID 15-000651u. PURPOSE: This will allow a zoning designation change for the above property from T3-O to T4-L. 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 Zoning 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 zoning classification 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. The Zoning Atlas of Ordinance No. 13114, as amended, is further amended by changing the zoning classification from T3-O "Sub -Urban Transect Zone Open" to T4-L "Urban Center Transect Zone Limited", for the property located at approximately 2990 Southwest 36th Court, Miami, Florida, as described in "Exhibit A", attached and incorporated. Section 3. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. City of Miami Page 1 of 2 File Id: 15-00065zc (Version: 1) Printed On: 3/16/2015 File Number: 15-00065zc Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code of the City of Miami, Florida, as amended, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof, pursuant and subject to §163.3187(3)(c), Florida Statutes.{1} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY 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 2 of 2 File Id: 15-00065zc (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. OUICK 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 • FACSI MILE 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 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 consistent 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 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 tri Ly rs, --.-- Gilberto Pastoriza WEISS SEROTA HELFMAN COLE BIERMAN & POPOK, P.L. City of Miami - Zoning Application Page 1 of 2 lcv D. Rest Can 2990 54'! 36 CT Light Industria Duplex Res, 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 REZONING APPLICATION Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning information. 1. Applicant(s): Deel Realty, LLC 2. Subject property address(es) and folio number(s): 2990 SW 36 Court, Miami, FL — r Folio No. 01-4116-019-0800Gmr- rrt 3. Present zoning designation(s): T3-O K '1 r- f L 4. Proposed zoning designation(s): T4-L Xis 5. Per Miami 21, Article 7.1.2.8, c.2 (g), an analysis of the properties within a one-half mile rius a the subject property, including aerial photo of the site as to why the present zoning designiton inappropriate and proposed zoning designation is appropriate. .c x 6. One (1) original, two (2) 11x17" copies and one (1) 8%x11 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. 7. 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. 8. 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. 9. At least two photographs showing the entire property showing land and improvements. 10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 11. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers, if applicable —of the subject property. 12. 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. 13. Certified list of owners of real estate within 500 feet of the subject property. 14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 15. Original Public School Concurrency Management System Entered Requirements form. 16. The subject property(ies) cannot have any open code enforcement/lien violations. 17. What is the acreage of the project/property site? .17 acres Rev. 07-2013 3 REZONING APPLICATION 18. What is the purpose of this application/nature of proposed use? See letter of intent 19. 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 20. 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 21. What would be the anticipated duration of the presentation in front of the: Planning, Zoning and Appeals Board 30 minutes and/or LICity Commission 30 minutes 22. Cost of processing according to Section 62-22 of the Miami City Code*: Change of zoning classification to: a. CS, T3-R, T3-L, T3-O, T4-R, T4-L, T4-O, T5-R, T5-L, T5-O, T6-R, T6-L, CI: Per square foot of net lot area Minimum (Assumes a 5,000 square -foot lot) $ .50 $ 2,500.00 b. T6-8 0, T6-12 0, T6-24 0, D1, D2, D3, T6-36 0, T6-48 0, T6-60 0, T6-80, CI -HD: $ .70 $ 5,000.00 Per square foot of net lot area Minimum c. Advertising d. School Concurrency Processing (if applicable) e. Mail notice fee per notice f. Meeting packa• - ailing fee per package $ 1,500.00 $ 150.00 $ 4.50 $ 6.00 *Fees over $ m of a certified check, cashier's check, or money order. Signatur- Address 2525 Ponce de Leon Blvd. #700 c-- Name Gilberto Pastoriza, q. Coral Gables, FL 33134 Telephone (305)854-0800 E-mail gpastorizawsh-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/partnerIgencorporation of Deel Realty, LLC, a Florida limited liability company. He/She is ersonall own to me or who has produced as identification and who did ( id not) to an oa (Stamp) �o gnature `J MARILYN SOM07EVILLA *t+) * MYCOMMISSIONIiEE116532 N�9T"uni, o EXPIRES: September 13, 2015 FOF Foe Bonded Thru Budget Notary Services Rev. 07-2013 4 REZONING 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 helehe 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 helshe 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 hels#e 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. Gilberto Pastoriza Applicant(s) Name c Applicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of 20 ( , by Gilberto Pastoriza, Esq. who is a(n) individual/partner/Agent/corporation of De& Realty, LLC, a Florida limited liability company. He/She is personally known to me or who has produced as identification and who did id not) takgtan bath. (Stamp) Signature MARILYN SOMODEVILLA * MY COMMISSION # EE 116532 Nr•. ;::; _:., EXPIRES: September 13, 2015 9TFOF `ooP Bonded Thru Budget Notary Services Rev. 07-2013 5 REZONING 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 wner(s) or Attorney Signa STATE OF FLORIDA -- COUNTY OF MIAMI-DADE �1 The foregoing was acknowledged before me this < day of �4- 201 by Gilberto Pastoriza who is a(n) individual/partner'/ mut/corporation of De 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 oat (Stamp) pRY rGe! Sign 3ur� ILYN SOMODEVILLA * MYCOMMISSION #EE118832 s i EXPIRES: September 13, 2015 "40F Faso Bonded Thu Budget NotaY 881140§ Rev. 07-2013 6 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 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 Form 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 - SECTi0N 689.02, F.S.) This Indenture made this 101 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: 1,ot 8, Block 13, Overhrook Park, according to the plat thereof as recorded in PIat 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 sante against lawful claims (AIM 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 fie 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: 1541 Brickell Avenue, #C1208, Miami, FL 33129. * "Grantor" and "Grantee" arc used for singular or plural, as context requires. DoublcTime", GFN: 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: Anrorilo aIlela" s �� State of Florida County of Miarni-Dade The foregoing instrument was acknowledged before me this Ti day of August, 2014 by Antonio Callejas, who [_] is personally known or rhas producedproduced .04,4vk as identification_ [Notary Seal] "n":p,,,,., LISANIBiiARD ft„t MY COMMISSION If FF 05442 xt,' if. 1. &MedYrnN NPeplod tsUndeiwTAas ublic Printed Name: L4 E My Commission Expires: Warranty Deed (Srarurnry Form) - Page 2 DoubleTimep. City of Miami Address of property(ies): 2990 SW 36 Court tt-- Yr.0 c2A. 7.4A (5) 1gi 41.(eVo MIAMI 21 CODE — ZONING REFERRAL 61- qtt6 - 6 ti-oeco r et( Attached documents are for the following permit application: Waiver Appeal Warrant Appeal Variance Exception Special Area Plan Amendment to the Code F9-gni.rg 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 zoning designation and seeks an up -zoning to T4-L. Abutting Transect Zones are 14-1.. and DI. Lot Area totals 7,512 square feet and has 54 feet of street frontage. 'DA Off' o ing Dat PLANNING AND ZONING DEPARTMENT PROJECTS REVIEW MEETING December 26, 2014 Gilbert Pastoriza, Esquire Weiss Serota Helfman 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 nor it 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 classed 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 vY/" h.I. C?1NT L A N D S U R V E Y O R B, I N C. 6175 NW 153" STREET, SUITE 321, MIAMI LAKES, FLORIDA 33014 Phone: 305-822-6062 * Fax: 305-827-9669 F:\BOUNDARY-SURVEY-NOTES\2990 SW 36 COURT DEEL SITE C - MIAMI - NFS.doc Page 1 of 2 BOUNDARY SURVEY SCALE: 1" = 20' THERE ARE NO TREES TO BE LOCATED ON THIS PROPERTY 1°1 0 FIP. 1/2" No I.D. 0.2' 2 l A0018 -6 101 CIS m in ' 13.0' LOT 19— BLOCK 13 CHAIN LINK FENCE 54• 4'x UTILITY w SHED-. A 0 FIP. 1/2" No I.D. 0.3' . Co 0 m 0 m 12.9' 24.10' '0018 24.10' ,e > r 16.6' C CR to :F PAPKINC RIB DNS. o • 0.3' - x - EL >10019 -L 101 .'FIP. 1 2' No I.D. c 5 9' ASPHALT PARKWAY., SIDEWALI( No I.D. 50 FT. R/W - ASPHALT PAVEMENT CENTERLINE OF R7 S.W. 36TH CT. 24. DEPRESSED CURB LAhillas, INC. PHONE: 305-822-6062 * FAX: 305-827-9669 6175 NW 153rd STREET SUITE 321 MIAMI LAKES, FL. 33014 ROY/XL (o)r1r.n 11 LEGEND — — Overhead Wire Line —„—,,—Wood Fence — — x — Chain Link Fence Iron Fence -MMonument Line -�Centerline 208.99' GRASS • O + =Existing Elevations. F.N. =Found Nail • =Catch Basin F.I.R. =Found Iron Reber ® =Water Meter F.I.P. =Found Iron Pipe/Pin ' =Power Pole F.N&D =Found Nail de Disc - SIP/R =Set Iron Pin/Rebor FIP. 1/2" No I.D. • Conc. =Concrete R=Radius . U.E.=Uttity Easement A=Arc , D.E.=Drainoge Easement A=Oelto D.M.E: Drolnage Maintenance T=Tangent 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) 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 Q 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 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 a.ion nullification of the application or order. PERSON SUBMITTING DISCLOSURE: 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 a a ._ ter the igna ure Gilberto Pasto Print Name - 200, 67 The foregoing '`.4'"4'," Sworn to and subscribed before me this of instrument was acknowledged before me by e `1(} , who has produced as identification and/or is personaLlylimaw _twme and who did/did not take an oath. OF C-/�V CITY OF MIAMT IAMI MY COMMISSION EXPIRES: Notary • •. (tP MARILYN SOMODEViU.A 1na;Pka +0 . P,: nt NnMMISSION # EE 116532 Enclosurc(s) * ;"(4), * g1ir°'.'- EXPIRES: September 13, 2015 Doc. No.:86543 ��1l*OF F�dP` Bonded Thru Budget Notary Services Page 2