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PZAB.5
PLANNING, ZONING AND APPEALS BOARD
FACT SHEET
15-00061 Iu Quasi -Judicial
A RESOLUTION OF THE 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
PROPERTIES LOCATED AT APPROXIMATELY 3101, 3111, 3125, 3131, AND
3145 WEST FLAGLER STREET, MIAMI, FLORIDA, FROM "MEDIUM
DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL";
MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED
AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
Approximately 3101, 3111, 3125, 3131, AND 3145 W Flagler Street
[Commissioner Francis Suarez - District 4]
Gilberto Pastoriza, Esquire, on behalf of Coinco Investment Company, Inc.
2525 Ponce de Leon Boulevard, #700
Coral Gables, FL 33134
305-854-0800
Purpose: This will change the land use designation for the above properties from
"Medium Density Restricted Commercial" to "Restricted Commercial".
Finding(s):
Planning & Zoning: Recommends denial. Item includes a covenant.
See companion File ID 15-00061zc.
Planning, Zoning and
Appeals Board: Continued from March 24, 2015
ANALYSIS FOR
Future Land Use Map Change
PROJECT ADDRESS: 3101, 3111, 3125, 3131 and 3145 West Flagler Street
FILE ID: 15-000611u
APPLICANT: Gilberto Pastoriza, Esquire, on behalf of the owner, Coinco Investment
Company, Inc.
COMMISSION DISTRICT: District 4 NET OFFICE: West Flagler
LAND USE DESIGNATION: Medium Density Restricted Commercial
REQUEST
The proposal is for a change to the Future Land Use Map of the Miami Comprehensive
Neighborhood Plan designation of five (5) properties from "Medium Density Restricted
Commercial" to "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 "Medium Density Restricted Commercial" allow residential uses (except
rescue missions) to a maximum density equivalent to "Medium 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.
The nonresidential portions of developments within areas designated as "Medium Density
Restricted Commercial" allow a maximum floor lot ratio (FLR) of 6.0 times the net lot area of the
subject property.
Areas designated as "Restricted Commercial" allow residential uses (except rescue missions)
to a maximum density equivalent to "High Density Multifamily Residential" subject to the same
limiting conditions and a finding by the Planning Director that the proposed site's proximity to
other residentially zoned property makes it a logical extension or continuation of existing
residential development and that adequate services and amenities exist in the adjacent area to
accommodate the needs of potential residents; 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.
The nonresidential portions of developments within areas designated as "Restricted
Commercial" allow a maximum floor lot ratio (FLR) of 7.0 times the net lot area of the subject
property; such FLR may be increased upon compliance with the detailed provisions of the
applicable land development regulations; however, may not exceed a total FLR of 11.0 times
the net lot area of the subject property. Properties designated as "Restricted Commercial" in the
Edgewater Area allow a maximum floor lot ratio (FLR) of 17.0 times the net lot area of the
subject property. Properties designated as "Restricted Commercial" in the Urban Central
Business District and Buena Vista Yards Regional Activity Center allow a maximum floor lot
ratio (FLR) of 37.0 times the net lot area of the subject property.
All such uses and mixes of uses shall be subject to the detailed provisions of the applicable land
development regulations and the maintenance of required levels of service for facilities and
services included in the City's adopted concurrency management requirements.
Nonresidential floor area is the floor area that supports nonresidential uses within 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 five (5) parcels comprising approximately 1.23 acres. The parcels
are located on the north side of W. Flagler St., comprising the block between NW 31 Ave. and
NW 32 Ave. The subject parcels are all designated "Medium Density Restricted Commercial"
and the abutting properties to the north are designated "Single Family Residential". The areas
directly to the east, west, and south along the W. Flagler St. corridor are all designated "Medium
Density Restricted Commercial".
File Id. 15-00061 LU
Page 2 of 4
There are two higher density activity centers that concern this area, one to the east, around W.
Flagler St. and 27th Ave., and one to the west, around W. Flagler St. and 37th Ave. Both of these
areas are designated "Restricted Commercial".
EXISTING NEIGHBORHOOD CHARACTERISTICS:
FUTURE LAND USE DESIGNATION
Subject Properties:
Restricted Commercial
Maximum of 65 D.U. per acre
Surrounding Properties
NORTH: Single -Family Residential
Maximum of 9 D.U. per acre
SOUTH: Commercial Restricted
Maximum of 65 D.U. per acre
EAST: Restricted Commercial
Maximum of 65 D.U. per acre
WEST: Restricted Commercial
Maximum of 65 D.U. per acre
ANALYSIS
ZONING
Subject Properties:
T5-L; Urban Center Transect Zone
Limited
T3-R; Sub -Urban Transect Zone -
Restricted
T5-L; Urban Center Transect Zone
Limited
T5-L; Urban Center Transect Zone,
Limited
T5-L; Urban Center Transect Zone
Limited
• The existing character and density of the site and surrounding area are currently
consistent with the Medium Density section of the corridor and the abutting Single
Family Residential areas.
• The MCNP Interpretation of the 2020 Future Land Use Map section indicates that the
current future land use designation of "Medium Density Restricted Commercial" allows
residential uses to a maximum density of 65 dwelling units per acre. The abutting
"Single Family Residential" designation permits nine (9) dwelling units per acre.
Currently there are five dwelling units on the subject properties. This proposed land use
change to "Restricted Commercial" would allow for approximately 184 dwelling units,
which is greater out of scale, density, and character with the established neighborhood.
• The proposed change to the Future Land Use Map is a spot change that is not
consistent with any of the surrounding land use designations. The change is not a logical
land use change as it pertains to the surrounding land uses.
• There are activity centers with the higher density "Restricted Commercial" designation to
the east and west, which follow logical transitions between land uses and intensities.
This spot change would create a higher intensity "island" in the corridor between two
already existing higher density and intensity activity centers.
File Id. 15-00061 LU
Page 3 of 4
• A land use change at this location may set a negative precedent and create a "domino
effect" in regards to future land use change applications throughout this neighborhood,
which borders a single family 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 "Restricted Commercial" is
not a logical conversion and would change the character of this corridor and impact the
quality of life for the single family residential neighborhood..
• Land Use Policy LU-1.1.3 provides for the protection of all areas of the city from (1) the
encroachment of incompatible land uses; (2) the adverse impacts of future land uses in
adjacent areas that disrupt or degrade public health and safety, or natural or man-made
amenities. The proposed change is out of scale in regards to density and height as it
pertains to the abutting single family 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 out of scale in regards to density and height as it
pertains to the single family neighborhood.
• The analysis is NOT based on a proposed project. The highest potential use is being
considered.
• The approved Miami 21 zoning designation on these parcels is T5-L — "Urban Center"
while the proposed designation in the companion Rezoning Application is T6-8-L —
"Urban Core",
RECOMMENDATION
Based on the aforementioned findings, the Planning Department is recommending DENIAL of
the amendment as presented based on the following findings:
These findings support the position that the Future Land Use Map at this location and for this
neighborhood should not be changed to the proposed designation.
Christopher Erimo
Chief of Land Development
R. Shedd
File Id. 15-00061 LU
Page 4 of 4
FUTURE LAND USE MAP (EXISTING)
NW 32ND CT
co SW 1ST ST
SW 32ND AVE
w
z
N
NW 1ST ST
NW FLAGLER TER
Single, Family
- Residential
W FLAGLER ST
1--
U
H
co
w
1—
M
Duplex-- `"
-Residential u)
SW 2ND ST
0 150 300 600 Feet
ADDRESS: 3101, 3111, 3125, 3131 & 3145 W FLAGLER ST
FUTURE LAND USE MAP (PROPOSED)
NW 32ND CT
SW 32ND AVE
NW 32ND AVE
NW 2ND ST
NW 1ST ST
NW FLAGLER TER
Single, Family
- Residential
W FLAGLER ST
Duplex --
-Residential
SW 2ND ST
SW 31 ST AVE
1
(
0 150 300 600 Feet
I ' I ADDRESS: 3101, 3111, 3125, 3131 & 3145 W FLAGLER ST
0 150
300
600 Feet
D.igiitaIGlobe
*NETS/Airb
etmapping • erogrid.
ADDRESS: 3101, 3111, 3125, 3131 & 3145 W FLAGLER ST
Proposal Nt15-00061 1u
Date: 03/18/2015
CONCURRENCY MANAGEMENT ANALYSIS
CITY OF MIAMI PLANNING DEPARTMENT
IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP
WITHIN A TRANSPORTATION CORRIDOR
AMENDMENT INFORMATION
CONCURRENCY ANALYSIS
Address: 3101, 3111, 3125, 3131, and 3145 W Fiagier St
Boundary Streets: North: NW Flagl Ea et: NW 31 Ave
So the W Fiagier St West: NW 32 Ave
Proposed Change: From: Medwm Density Resnrmae
To, Restricted Co m m artist
Existing Designation, Maximum Land Use Intensity
Residential 1.2300 acres @ 65 DU/acre
Other sq.ft. @ FLR
Peak Hour Person -Trip Generation, Other
1.2300 acres @ 150 DU/acre
Other sq.ft. @ FLR
Dwelling Units
Peak Hour Person -Trips
Planning District
Drainage Subcatchm ant Basin
W Fiagier
80 DU'e
52
185 DU's
98
0 sq.ft.
0
269
105
46
315
Q1
120
RECREATION AND OPEN SPACE
Population Increment, Residents
Space Raquirem ant, acres
Excess Capacity Before Change
Excess Cape city After Change
269
0,35
182.80
182.45
OK
POTABLE WATER TRANSMISSION
Population Increment, Residents
Transmission Req„irem ant, gpd
Excess Capacity Before Change
Excess Capacity After Change
269
60,187
>2% above demand
>2% above demand
OK
SANITARY SEWER TRANSMISSION
Excess Capacity After Change
269
49,708
See Note 1.
See Note 1.
WASA Permit Required
STORM SEWER CAPACITY
On -site
OK
RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES
Land Use Goal LU-1
Land Use Objective LU-1.1
Lend Use Policy 1.1.1
Capital Improvements Goal CI-1
Capital Improve m ents Objective CI-1 2
Capital Improvemants Policy 1.2.3 a - g
(See attach mentl)
SOLID WASTE COLLECTION
269
344
800
456
OK
TRAFFIC CIRCULATION
Population Increment, 9
Peak-Ho„r Person -Trip
LOS Before Change
LOS After Change
269
46
C
C
OK
NOTES 1 ..nitory sewer conneenan must be ,esue. e> M.... D... W....."" S.—
'Restricted Commercial" allow residential uses (except rescue missions) to a maximum density equivalent to "High Density Multifamily
Residential" subject to the same limiting conditions and a finding by the Planning Director that the proposed site's proximity to other
residentially zoned property makes it a logical extension or continuation of existing residential development and that adequate services and
amenities exist in the adjacent area to accommodate the needs of potential residents; 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. The nonresidential portions of developments within areas designated as "Restricted
Commercial" allow a maximum floor lot ratio (FLR) of 7.0 times the net lot area of the subject property; such FLR may be increased upon
compliance with the detailed provisions of the applicable land development regulations; however, may not exceed a total FLR of 11.0 times
the net lot area of the subject property. Properties designated as "Restricted Commercial" in the Edgewater Area allow a maximum floor lot
ratio (FLR) of 17.0 times the net lot area of the subject property. Properties designated as 'Restricted Commercial° in the Urban Central
Business District and Buena Vista Yards Regional Activity Center allow a maximum floor lot ratio (FLR) of 37.0 times the net lot area of the
subject property.
CM_1_IN 03/13/90
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
Metro -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: 15-000611u Final Action Date:
A RESOLUTION OF THE 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 PROPERTIES LOCATED AT APPROXIMATELY
3101, 3111, 3125, 3131, AND 3145 WEST FLAGLER STREET, MIAMI, FLORIDA,
FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED
COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED
AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
LOCATION: Approximately 3101, 3111, 3125, 3131, AND 3145 W Flagler Street
[Commissioner Francis Suarez - District 4]
APPLICANT(S): Gilberto Pastoriza, Esquire, on behalf of Coinco Investment
Company, Inc.
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommends denial. Item includes a
covenant. See companion File ID: 15-00061zc.
PURPOSE: This will change the land use designation for the above properties from
"Medium Density Restricted Commercial" to "Restricted Commercial".
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on May 6, 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
City _of Nliaini Page 1 of 3 File Id: 15-00061la1Ver^sion: 1) Printed On: 4/24/2015
File Number: 15-000611u
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
1.23± acres of real properties located at approximately 3101, 3111, 3125, 3131, AND 3145 West
Flagler Street, Miami, Florida, from "Medium Density Restricted Commercial" to "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 "Restricted Commercial", 150 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_f 3
File Id• 15-000611aiffersioJ :1) P_rinted_Ora:_4/24/2015
File Number: 15-000611u
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 Mianai Page 3 of 3 File Id: 15-00.0_611u_(Version:_1) Printed_On: i/24/2015
EXHIBIT "A"
LEGAL DESCRIPTION
Lots 10, 11, 12, 13, 14 15, 16, 17 and 18 (less the North 6.00 feet of said Lots 16, 17 and 18), all
in Block 13 of ELDORADO HEIGHTS, according to the Plat thereof, as recorded in Plat Book
5, at Page 72, of the Public Records of Miami -Dade County, Florida.
Addresses: 3101, 3111, 3125, 3131 and 3145 West Flagler Street, Miami, Florida
MITCHELL BIERMAN, P.A.
MITCHELL J. BORNSTEIN, 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,
RICHARD JAY WEISS, P.A.
DAVID M. WOLPIN, RA.
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
M IAM I-DADE OFFICE
2525 PONCE DE LEON BOULEVARD
SUITE 700
CORAL GABLES, FLORIDA 33134
TELEPHONE 305-954-0800
FACSIMILE 305-854-2323
WWWWS H-LAW. CO M
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" Avenue, 3th Floor
Miatni, FL 33130
*or COUNSEL
**SENIOR COUNSEL
January 13, 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 3101, 3111, 3125, 3131 and 3145 West
Flagler Street (the "Properties")
Dear Mr. Garcia:
Our firm represents Coinco Investment Company, Inc. ("Coinco"). Coinco is the owner
ofthe Properties.
The Properties all face the north side of west Flagler Street for an entire block from NW
31st to 32" Avenues. The Properties are improved with multi -family apartments. The size of the
Properties is about 1.23 acres.
Coinco is requesting an amendment to the Miami Comprehensive Neighborhood Plan
(the "Plan") from Medium Density Restrictive Commercial to Restrictive Commercial (the
"Amendment") and a rezoning from T5-L to T6-8-L (the "Rezoning").
For the reasons outlined below the Amendment and Rezoning are consistent with the
Plan and compatible with the area.
Mr. Francisco Garcia
January 13, 2015
Page E2
Analysis pursuant to Section 7.1.2.8. c.2 (g) of Miami 21
The Properties abut West Flagler Street which is a four lane arterial road. West Flagler
Street is one of the City's main east/west transportation corridor. West Flagler Street is also the
corridor used by public transportation, for example Route 51. All infrastructures with sufficient
capacity are available at the property line. It is a well -established land use principle that high
density and intensity shall occur along multi -modal transportation corridors with infrastructure
capacity. The proposed request is consistent with this principle.
Additionally, the requested land use designation of Restrictive Commercial and T6-8-L
zoning transect already exists a couple of blocks west of the Properties, see attached Exhibit "A"
to this letter. In fact, eight story buildings already exist west of the Properties, just south of West
Flagler Street along SW 36 Court and SW 37 Avenue; see attached Exhibit "B" to this letter.
These buildings are in harmony and compatible with the T3-0 properties which they abut, see
attached Exhibit "C" to this letter.
The proposed requests and the future land development of the Properties will also
eliminate a very serious and dangerous traffic condition which currently exists on the Properties,
to wit, parking on the Properties require cars to back out to West Flagler Street, see Exhibit "C"
attached to this letter. The redevelopment of these Properties will also eliminate a myriad of
driveways along West Flagler Street and make this City block pedestrian friendly.
Miami 21 has also considered the effects of this request when abutting residential
development. It created major setback distances from the proposed buildings to the rear property
line. This setback distance increases as the building goes higher.
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
Very truly yours,
Gilberto Pastoriza
WEISS SEROTA HELFMAN
COLE BIERMAN & POPOK, P.L.
City of Miami - Zoning Application
Exhibit "A"
Page 1 of 2
http://maps.miamigis.com/miamizoningsite/
1/12/2015
City of Miami - Zoning Application
Page 1 of 2
T3-0
1
http://maps.miamigis.com/miamizoningsite/
1/12/2015
• 'City of Miami - Zoning Application
Page 1 of 2
http://maps.miamigis.com/miamizoningsite/
1/12/2015
i
e
City of Miami - Zoning Application
Exhibit "C"
Page 1 of 2
http://maps.miamigis.com/miamizoningsite/
1/12/2015
COMPREHENSIVE PLAN APPLICATION
Please refer to Section 62-31 of the Miami City Code for Comprehens►v"Plan information.
2015 JA a 14 hi :3: 22
1. Applicant(s): Coinco Investment Company, Inc.
2. Subject property address(es) and folio number(s): see attached Exhibit "A"
3. Present designation(s): Medium Density Restrictive Commercial
4. Future designation(s): Restrictive 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? No
If yes, has the property been granted a Land Use Change within the last year?
8. 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.
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? 1.23 acres
20. What is the purpose of this application/nature of proposed use? Re: designation to Restrictive
Commercial, 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:
El Planning, Zoning and Appeals Board 30 min. and/or 0 City Commission 30 min.
25. Cost of processing according to Section 62-22 of the Miami City Code*:
a. Application to Amend the Comprehensive Neighborhood Plan per acre
b. Advertising
c. School Concurrency Processing
d. Mail notice fee per notice
e. Meeting package mailing fee per .ackage
$ 5,000.00
$ 1,500.00
$ 150.00
$ 4.50
$ 6.00
*Fees over $ 000. 0 shall - pai d., m of a certified check, cashier's check, or money order.
Name Gilberto Pastoriza, Esq.
Telephone (305)854-0800
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
Address 2525 Ponce de Leon Blvd., #700
Cora Gables, FL 33134
E-mail gpastorizawsh-law.com
7
The foregoing was acknowledged before me this day of
2015, by Gilberto Pastoriza, Esq., who is a(n) individual/partner/aenticorporation of / Coinco
Investment Company, Inc., a Florida corporation. He/She is ersona lly_ known to me or who has
produced as identification and who did ( id not) take] n oath.
(Stamp)
Signature o�.a °e��MARILYNS0MODEV;L1A
MY COMMISSION # EE 116532
EXPIRES: September 13, 2015
FOF Floe Bonded Thru Budget Notary Services
Rev. 07-2013 3
Exhibit "A"
Property Address Folio No.
3101 West Flagler Street 01-4104-020-1520
3111 West Flagler Street 01-4104-020-1530
3125 West Flagler Street 01-4104-020-1540
3131 West Flagler Street 01-4104-020-1570
3145 West Flagler Street 01-4104-020-1580
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) Coinco Investment Company, Inc.
Percentage of Ownership See attached Exhibit "A"
Subject Property Address(es) 3101 thru 3145 West Flagler Street, 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):
None
Gilberto Pastoriza
Owner(s) or Attorney Name
Owner(s) or Attorney - •, • re
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE _
e foregoing was acknowledged before me this 9 day of rat.
Gilberto Pastoriza who is a(n) individual/partner/ag ,t/corporation of
Coinco Investment Company, Inc., a Florida corporation. He/She is personally known to me or who
has produced as identification and ho did (did not, take an th.
(Stamp)
Signature
PUBZi MARILYN SOMODEVILLA
•t , • s * MY COMMISSION # EE 116532
EXPIRES: September 13,2015
4'� ofP Beaded Tluu Budget Notary Semites
Rev. 07-2013
5
EXHIBIT "A"
DISCLOSURE OF OWNERSHIP
TRUST
% OF OWNERSHIP
BENEFICIARY
LCC ESBT GST TRUST
32.50%
Jose F. Daccarett
ECC ESBT GST TRUST
32.50%
Alexandra Lynn Davila
RCC ESBT GST TRUST
32.50%
Jaqueline Marcos
Alberto Davila Char Trust
0.42%
Alberto Davila
Giancarlos Davila Trust
0.42%
Giancarlo Davila
Loren Char Marcos Trust
0.42%
Loren Char Marcos
Roberto Char Marcos Trust
0.42%
Roberto Chat Marcos
Paulina Daccarett Trust
0.42%
Paulina Daccarett
Sofia Daccarett Trust
0.40%
Sofia Daccarett
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) Coinco Investment Company, Inc.
Percentage of Ownership See attached Exhibit "A"
Subject Property Address(es) 3101 thru 3145 West Flacler Street, 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):
None
Gilberto Pastoriza
Owner(s) or Attorney Name
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
Owner(s) or Attorney - • , - i re
T e foregoing was acknowledged before me this 9 day of
20y Gilberto Pastoriza who is a(n) individual/partner/ag _t/corporation of
Coinco Investment Company, Inc., a Florida corporation. He/She is personally known to me or who
has produced as identification and who, did (did no take an,th.
(Stamp)
Signature
Ci "»68(n MARILYN SOMODEVILLA
* MY COMMISSION # EE 116532
EXPIRES: September 13, 2015
.vk KI0Q\°P Bonded Thru Budget Iskilay Services
Rev. 07-2013
5
EXHIBIT "A"
DISCLOSURE OF OWNERSHIP
TRUST
% OF OWNERSHIP
BENEFICIARY
LCC ESBT GST TRUST
32.50%
Jose F. Daccarett
ECC ESBT GST TRUST
32.50%
Alexandra Lynn Davila
RCC ESBT GST TRUST
32.50%
Jaqueline Marcos
Alberto Davila Char Trust
0.42%
Alberto Davila
Giancarlos Davila Trust
0.42%
Giancarlo Davila
Loren Char Marcos Trust
0.42%
Loren Char Marcos
Roberto Char Marcos Trust
0.42%
Roberto Chat Marcos
Paulina Daccarett Trust
0.42%
Paulina Daccarett
Sofia Daccarett Trust
0.40%
Sofia Daccarett
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, 0 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/shc 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.
,--16 PA 5 bri
Applicant(s) Name .� Applicant(s) Signature
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this t day of
20 t , by Gilberto Pastoriza who is a(n) individual/partner/agent/corporation Coinco
Investment Company, Inc. ,a Florida corporation. He/She is personally own to me or who has
produced as identification and who did (did Qot) takan oath.
(Stamp) Signature
PO84,, MARILYN SOMODEVILLA
* MY COMMISSION # EE 116532
EXPIRES: September 13, 2015
Bonded Thru Budget Notary Services
Rev. 07-2013
4
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 Coinco Investment Company, Inc.
("Owner") hereby makes, declares and imposes on the land legally described on Exhibit "A"
attached hereto (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;
WHEREAS, Owner may wish to convey portions of the Property from time to time and
this instrument is executed in order to assure that the phased development of the Property with
future ownership will not violate any City Code , Florida Building Code, subdivision or zoning
requirements or ordinances of the City of Miami; and
WHEREAS, if the portions of the Property to be conveyed are to be condominium units the
Owner shall do so in compliance with the Florida Condominium Act ; 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.
NOW, THEREFORE, Owner hereby voluntarily agrees that notwithstanding the T6-8L
transect on the Property, the following development limitations shall be placed on the Property.
1. Height.Maximum height not to exceed seventy three (73) feet, four (4) inches.
(Height Maximum is 73.4 feet.
2. Stories. Maximum number of stories not to exceed six (6) stories.
3. Density. Maximum density not to exceed one hundred 164 units.
4. In the event of multiple ownership of the Property, each of the subsequent
owners, mortgagees and other parties in interest shall be bound by the terms, provisions and
conditions of this instrument; and Owner will not convey portions of the Property to such other
parties unless and until Owner and such other parties shall have executed and mutually delivered
1
in recordable form an instrument to be known as a "Declaration of Restrictions and Reciprocal
Easement Agreement' which shall contain, among other things, the following:
(a) Easements in the common area of each parcel for ingress to and egress
from the other parcels.
(b) Easements in the common area of each parcel for the passage and parking
of vehicles.
(c) Easements in the common are of each parcel for the passage and
accommodation of pedestrians.
(d) Easements for access roads across the common area of each parcel to
public and private roadways.
(e) Easements for the installation, use, operation, maintenance, repair,
replacement, relocation or removal of utility facilities in appropriate areas
in each such parcel.
(f)
(g)
Easements on each parcel for construction of buildings and improvements
in favor of each other parcel.
Easements upon each parcel in favor of each adjoining parcel for the
installation, use, maintenance, repair, replacement and removal of
common construction improvements such as footing, supports and
foundations.
(h) Easements on each parcel for attachment of Building.
(i)
Easements on each parcel for Building overhangs and other overhangs and
projections encroaching upon such parcel from adjoining parcel such as,
by way of example, marquees, canopies, lights, lighting devices, awnings,
wing walls and the like.
(j) Appropriate reservation of rights to grant easements to utility companies.
(k) Appropriate reservation of rights to road rights -of -way and curb cuts.
(1) Easements in favor of each such parcel for pedestrian and vehicular traffic
over dedicated private ring roads and access roads.
(m)
Appropriate agreements between the owners of the several parcels as to
the obligation to maintain and repair all private roadways, parking
facilities, common areas and common facilities and the like.
2
These instruments or portions may be waived if approved by each of the directors of the Public
Works Department, the Planning and Zoning Department, including the Office of Zoning, the
Building Department, or their designees, if the provisions are inapplicable to the subject
property. In addition, the instruments shall contain such other provisions with respect to the
operation, maintenance and development of the property as the parties may agree. Such
provision may be modified or amended by such parties (or the applicable association governing
such parties) without approval or joinder by the directors, or their designees, if it will be
constructed, conveyed and operation in accordance with an approved site plan. The multiple
owners may, by mutual agreement, allocate among themselves and the parcels owned by them,
setbacks, parking, open space, floor area and similar governmental requirements, and these
allocations shall be honored in connection with requests for future site plan changes.
5. The covenant in lieu of Unity of Title 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 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..
6. 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.
7. 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.
8. 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.
9. 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
3
accepted by the City. The Owner shall promptly submit to the Zoning Administrator a certified
copy of the recorded Covenant.
10. 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.
11. 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.
[EXECUTION PAGES FOLLOW]
4
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed as
of the day and date first above written.
WITNESSES
COINCO INVESTMENT COMPANY, INC.
a Florida corporation
By:
Print Name: Print Name: Jose Daccarett
Print Name:
STATE OF FLORIDA )
SS:
COUNTY OF DADE )
Its: CEO
The foregoing instrument was acknowledged before me this day of ,
2015 by Jose Daccarett, as chief executive officer of Coinco Investment Company, Inc., a
Florida corporation, in the capacity aforestated; such person is (check one) [ ] personally known
to me or [ ] has produced as identification.
Approved as to Planning and Zoning:
5
NOTARY PUBLIC
PRINT NAME
My commission expires:
(Seal)
Francisco Garcia, Director, Planning and Zoning Dept.
Approved as to Legal Form and Correctness:
Victoria Mendez, City Attorney
6
City
_
i
4�1'14
of
Miami
MIAMI
c, 42
21 CODE
3145 West
p-
Rader
w-Z t -z_/-
— ZONING REFERRAL
2P (t6:t-e
Street
= Y OF"o
INCRRP RRATER * i
�-9`
,,,0 R
Hearing Board (Planning Departnlentj
444 SW 2nd Avenue, 3rd Floor
Miami, Florida33130
Address
of property(ies):
Waiver
Warrant
Variance
3101, 3111, 3125, 3131,
Attached documents
Appeal
Appeal
are for the following permit
Exception
Amendment to the Code
Other
application:
Specia Area Plan
Zoning Change
COMMENTS: Applicant seeks a successional zoning change pursuant to Article 7
Section 7.1.2.8(c) 1, for zoning changes to land with more than 40,000 square feet or 200 feet
of Street Frontage. Land currently has a T5-L zoning designation and applicant seeks a
zoning change t - Abutting Transect Zones are T3-R and T5-L. Combined land area is
53,652 square f
linear feet of street Frontage.
et and has 454.60
Office of Zonin%
Date i
PLANNING AND ZONING DEPARTMENT
PROJECTS REVIEW MEETING
December 28.2014
Gilbert Poatorizg.Esquire
Weiss 8erobaHeKmanCole Bierman &Pnook
2525Ponce DeLeon Boulevard
Coral Gables, FL33134
Re: 3101,3111,3125,3131and 3145Wemt Flam/mrStm»et Application PR' 4- 55
Existing Zoning Designation: TS-L Net District: West Flagler
Dear Mr. Pastoriza:
During our onDecember 23'2O14'you presented the following request
for the referenced sites:
Rezoning per Article 7, Section 7.Y.2.Gkd(Y{boallow the successional rezoning ofland
with more than 40,000 m7uana feet or 200 feet of street Frontage on one street. The
proposal is to change the zone from T5-L to T6-8-0 for a combined land area of 53,652
square feet which has 454.00linear feet ofstreet Frontage onone street.
Based on the request, staff has prepared the following comments. Please note that said
comments are not tobeconstrued amarecommendation ofapproval. Sbaff'acomments are:
1 The deadline to submit the complete Rezoning application is January 16, 2015.
2. /\school ooncunenoy letter is required; please contoctAJine Menoio at 305.416,1425
with questions concerning the concumencyprocess.
3. The applicant ohmU also apply for a Land Use Change from MeoYUn7 Density Restricted
Commercial to Restricted Commercial to correspond with the proposed rezoning,
4. The abutting properties to the north of the proposed rezoned are zoned T3-R. As such,
be euns that the Setback naquinsn`onta for future development on the subject sites
comply with /4dkxe 5, Illustration 5.5 Urban Center Tranaeof Zones, Building
Configuration.
5�If the applicant chooses to proffer a restrictive covenant associated with the rezoning
requeot, the document shall be submitted with the rezoning application packagefor
review and approval by the City ofMiami's Law Department and Planning and Zoning
Department prior to the anticipated P|mnning. Zoning' and Appeals Board public
4*4 SOUTHWEST SECOND Avswue. T*/pn pLoon. Mmm/, FL 33130
305.*16.1400 -WWvv.wmemay.00m
O. A UDhv of Title in recordable form is required for the proposed rezoning of the subject
7. Be advised' that the Planning and Zoning Department reserves the right to make
recommendations as itpertains tuwhich Trana8ot Zone will produce the most coherent
Zoning pattern inthe context ofthe immediate vicinity.
Additional comments will be provided upon review of more detailed submittal. Consequently,
the City of Miami [eomn/ea the right to Co0OleOt further on the project as details and/or
explanations are provided and may revise previous comments based on this supplementary
The Planning and Zoning Department reviews Permit proposals based on Miami21 and C'
�
Code. Furthermore, the proposed Zone Change kosubject to review and compliance with the
naqu|nanlente of all City departments, as applicable.
Sincerely,
'
UneEUis
PI nnrU
Cc Derrick Cook, Plan Coordinator,
DevnOejao.Zoning Plans Processor
31O1-3145NiFlaglenStreet PR-14455
Pre -Application comments
Page
NICNP Rezoning, Public I-. caring Pr' CeSS
2015 Calendar Year
The following is the semi-annual cycle calendar for Rezoning and Future Land Use amendments for
Planning, Zoning and Appeals Board (PZAB) Applications as per City Code Section 62 - 8 "Procedures
for Amending the Comprehensive Plan" and Section 7.1.2.8 of the Miami 21 Code.
See back-up resolutions and prdinance
Land Use and Rezoning Cycle - March
Date
Application Submitted to Hearing Boards
110n or before January 16, 2015
;Pre -Application Meeting Deadline
December 23, 2014
Applications may be heard by PZAB
On or before second meeting in March 2015
'Application wifl be scheduled for:
City Commission [First Reading]
. . „
:Second meeting in April 2015
Land Use and Rezoning Cycle - September
Date
,
Application Submitted to Heating Boards
On or before July 17, 2015
Pre- Application Meeting Deadline
June 26, 2015
,Applications may be heard by PZAB
;On or before second meeting in September
2015
'Application will be scheduled for:
;City Commission [First Reading]
!Second meeting in October 2015
http://www.miamigov.com/Hearing_Boards/Deadlines.asp
3101-3145 W. Flagler Street PR-14-155
Pre -Application comments
Page 3
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 *
Coinco Investment Company, Inc.
Application Phone *
305-854-0800
Application Email *
gpastoriza@wsh-law.com
Application Address *
3101-3145 West Flagler Street, 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
amend Otdilliamigov_ com
Local Govt. App. Number (OFFICIAL USE ONLY)
Property Fields
Information
Master Folio Number *
01-4104-020-1520
Additional Folio Number
01 -41 04-020-1 530; 1 540
Total Acreage *
1 5 7 0; 1 523 acres
Proposed Land Use/Zoning *
Restricted Commercial
Single -Family Detached Units *
0
Single -Family Attached Units (Duplex) *
0
Multi -Family Units *
184
Total # of Units *
184
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 forApplication *
-- --',N
(-�►CiV1 ts� Y l� S-6/ 1 SSA
Owner(s)/Attorney/Applicant Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
20 ; he oregb�g was 'edged ledge
who is a(n) individual/partner/agent/corporation o
individual/partnership/corporattZ3 Ne/She is personally known to me or who has produ
as identification andwho didtdid not) take an oa�1i—
Owner(s)/Attorney/Applicant Signa
day ZCL'~7
n�.
(Stamp)
Sig r3stu =' . ` MARILYN SOMODEviLLA
MY COMMISSION # EE 116532
EXFii DES: September 13, 2015
��9reop A.ceo- Bonded Thru Budget Notary Services
This Instrument prepared by or under the supervision of
(and aRer recording should De returned 1o):
Name: Steven M. Hallman, Esquire
Address: Greenberg, Traurlg, Hoffman, Upolt, Rosen & Quentel, P.A.
1221 Brlckell Avenue
Mlaml, I orba 33131
Parcel I.D. Nos. 01-4104-020-1520; 01.4104-020.1530; 01r4104-020.1540;
01-4104-020-1570; and 01.4104-020.1580
SPECIAL WARRANTY
nrf. 1787.ePG I b98
REC.
97R .34536 1997 NOV 21 12:53
OOCStFDEE 7,59U.(1u SURTX 5,692.50
HARVEY RUVIN, CLERK DADS COUNTY, FL
(Space Reserved for Clerk of Court)
DEED
THIS SPECIAL WARRANTY DEED is made and entered Into as of the /94day of November,
1997 by MAINSTREAM AMERICA, INC., a Florida corporation ("Grantor"), whose mailing address Is
200 Central Avenue, Suite 2200, St. Petersburg, Florida 33701, to COINCO INVESTMENT COMPANY,
INC., a Florida corporation ("Grantee"), whose taxpayer identification number is- and whose
mailing address is 531 SW 42nd Avenue, #118, Mlami, Florida 33134. Wherever used herein, the terms
"Grantor" and "Grantee" shall include all of the parties to this instrument and their successors and
assigns.
WITNESSETH:
GRANTOR, for and In consideration of Ten and No/100 Dollars ($10.00) and other good and
valuable consideration paid by Grantee, the receipt and sufficiency of which is hereby acknowledged,
has granted. bargained and sold, and by these presents does grant, bargain and sell, to Grantee, and
Grantee's heirs, successors and assigns forever, all of Grantor's right, title and interest In and to the
following property located in Dada County, Florida (the "Property"), to -wit:
Lots 10, 11, 12, 13, 14, 15, 16, 17 and 18 (less the North 6.00 feet of said Lots 18, 17
and 18), all In Block 13 of ELDORADO HEIGHTS, according to the Plat.thereof, as
recorded in Plat Book 5, at Page 72 of the Public Records of Dade County, Florida.
THIS CONVEYANCE is subject to: (a) taxes and assessments for the year 1998 and subsequent
years; (b) all laws, ordinances, regulations, restrictions, prohibitions and other requirements Imposed by
govemmental authority, Including, but not limited to, all applicable building, zoning, land use and
environmental ordinances and regulations; (c) easements, conditions, restrictions, matters, limitations
and reservations of record, If any, but this reference shall not operate to reimpose same; (d) rights of
tenants In possession pursuant to oral or written lease agreements; (e) matters which would be disclosed
by an accurate survey of the Property; and (t) that certain Purchase Money Mortgage, of even date
herewith, given by Grantee in favor of Grantor, recorded simultaneously herewith.
TO HAVE AND TO HOLD unto Grantee and Grantee's successors and assigns in fee simple
forever.
Grantor hereby specially warrants the title to the Property subject to the foregoing matters and
will defend the same against the lawful claims of all persons claiming by, through or under Grantor and
no others.
[Executions and Acknowledgements Appear on Following Page]
tt
RLC.
17878P61699
IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed as of the day and
year first above written.
Witnessed by:
MAINSTREAM AMERICA, INC., a Florida
corporation
By:
Print Name: Ned Name: tonio Femandez'
Title resident
Print Name: N
STATE OF FLORIDA
COUNTY OF DADE
) ss:
}
[CORPORATE SEAL}
Address: 200 Central Avenue, Suite 2200
St. Petersburg, Florida 33701
The foregoing Instrument was acknowledged before me this day of November, 1997 by
Antonio Femandez, as President of MAINSTREAM AMERICA, INC., a Florida corporation, on behalf of
said corporation. He Is person Ily known to me or produced as
Identification.
My commission expires:
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S.M••.., NI)T .,... 1,.
Name: Li/}<zi f7-r? ,[ +4'rc;A.
Notary Public, State of loci aid 0 L/
Commission No' CJ
[NOTARIAL SEAL]
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OE DADE coto/TY, FLORIDA.
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PREPARED BY:
GUNTER GROUP, INC.
LAND SURVEYING - LAND PLANNING
FLORIDA CERTIFICATE OF AUTHORIZA110N NO. LB 4507
9350 S.W. 22nd TERRACE
MIAMI, FLORIDA 33165
(305) 220-0073
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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
HOMEPHONE: (305) 854-0800 CELLPHONE: FAX: (305) 854-2323
EMAIL: gpastoriza@wsh-law.com
BUSSINESS or APPLICANT or ENTITY NAME
Coinco Investment Company, Inc.
BUSINESS ADDRESS: 844 SW 1 Street
(Address Line 1)
Miami, FL 33130
(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?
0 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
1 hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of
Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal
or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing
disclosure requirement was not fully and timely satisfied the following may occur:
1. the application or order, as applicable, shall be deemed void without further force or
effect; and
2. no application from any person or entity for • same issue shall be reviewed or
considered by the applicable board(s) unti piration of a period r • + • ear after the
nullification of the application or ord •
PERSON SUBMITTING DISCLOSURE:
�g •y(�-
Gilberto Pastoriza
l /a'ay`
Print Name
Sworn to and subscribed before me this
, 201 5" . The foregoing
instrument was acknowledged before
as identification
me
by (�' ` , who has produced
and/or is n
rpeFso
`
taar P6�%
4ukrzaku�i� mo who did/did not take an oath.
•
STATE OF FLORIDA
CITY OF MIAMI
MY COMMISSION
EXPIRES:
IL SOM09MA
* `{_j% * Y COMMISSION # EE 116532
. '!ini° FxaIRES: SeptomO4
7FOF Floe Bonded ihru Budget Notary See
Enclosure(s)
Doc. No.:86543 Page 2