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Home My WebLink AboutPZAB 7-15-15 Supporting DocumentationPZAB.1 File ID: Title: Location: Applicant(s): 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. See companion File ID 15-00061zc. Planning, Zoning and Appeals Board: Continued from March 24, 2015 and May 6, 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". 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". File Id. 15-00061 LU Page 2 of 4 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 not consistent with any of the surrounding land use designations. The proposed change would create an inappropriate transition between differing land uses. 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 change would create a higher intensity 'island" in the corridor between two already existing higher density and intensity activity centers. • 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. File Id. 15-00061 LU Page 3 of 4 • 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 Beimo Chief of Land Development R. Shedd File Id. 15-00061LU 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. 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 July 15, 2015, 2015, following an advertised public hearing, adopted Resolution No. PZAB-R-*-* by a vote of* to * (*- *), item no. *, recommending *of the Future Land Use Change as set forth; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this change of land use designation as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Ordinance No. 10544, as amended, the Future Land Use Map of the Miami Comprehensive Neighborhood Plan, pursuant to small scale amendment procedures subject to City of Miami Page 1 of 3 File Id: 15-000611u (Version: 1) Printed On: 7/6/2015 File Number: 15-000611u §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 Footnotes: City of Miami Page 2 of 3 File Id: 15-000611u (Version: 1) Printed On: 7/6/2015 File Number: 15-000611u {1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 3 File Id: 15-000611u (Version: 1) Printed On: 7/6/2015 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 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 tencient of Schools Alb'erto M. Carvalho June 23, 2015 VIA ELECTRONIC MAIL Gilberto Pastoriza, Esquire Weiss Serota Helfman Cole Bierman & Popok 2525 Ponce de Leon Blvd., Suite 700 Coral Gables, Florida 33134 qpastorizawsh-law.com glifitiwoicettidOhtsthe:woridor Warn, -Bade Ccgm choof Boarcl Perla Tabares Hantman, Chair Dr, Lawrence S. Feldman, Vice Chair Dr. Dorothy Bendross-Mindingall Susie V Castillo Dr. Wilbert Tee" Holloway Dr. Martin Karp Lubby Navarro Dr. Marta Perez Raquel A. Regaled° RE: PUBLIC SCHOOL CONCURRENCY PRELIMINARY ANALYSIS COINCO INVESTMENT COMPANY INC. - 15-000611u PH0115030600194 - FOLIO No.: 0141040201520, 0141040201530, 0141040201540, 0141040201570, 0141040201580 Dear Applicant: Pursuant to State Statutes and the Interlocal Agreements for Public School Facility Planning in Miami - Dade County, the above -referenced application was reviewed for compliance with Public School Concurrency. Accordingly, enclosed please find the School District's Preliminary Concurrency Analysis (Schools Planning Level Review). As noted in the Preliminary Concurrency Analysis (Schools Planning Level Review), the proposed development would yield a maximum residential density of 184 multifamily units, which generate 36 students; 17 elementary, 9 middle and 10 senior high students. At this time, all three school levels have sufficient capacity available to serve the application. However, a final determination of Public School Concurrency and capacity reservation will only be made at the time of approval of final plat, site plan or functional equivalent. As such, this analysis does not constitute a Public School Concurrency approval. Should you have any questions, please feel free IMR:ir L-619 Enclosure cc: Ms. Ana Rijo-Conde, AICP Mr. Michael A. Levine Ms. Vivian G. Villaamil City of Miami School Concurrency Master File Planning, Design & Sustainability Ms. Ana Rijo-Conde, Deputy Chief Facilities & Eco-Sustainability Officer • 1450 N.E. 2nd Ave. • Suite 525 • Miami. FL 33132 305-995-7285 • 305-995-4760 (FAX) • arljo@dadeschools.net Since o con ac e at 305-995-4501. Ivan M. Rodriguez, R.A. Director I Contarrency Management System (CMS) Miami Dade County Public Schools MDCPS Date Application Type of Applicant's Address/Location: Master Additional PROPOSED SINGLE-FAMILY SINGLE-FAMILY MULTIFAMILY Miami Application Number: Received: Application: Name: Folio Number: Folio Number(s): # OF UNITS DETACHED UNITS: ATTACHED UNITS: UNITS: -Dade County Public Concurrency Management Preliminary Concurrency Analysis PH0115030600194 Schools System Local Government LG Application Sub Type: Number: (LG): Miami 3/6/2015 10:18:17 AM 15-000611u Public Hearing Company Inc. Land Use Coinco Investment 3101-3145 West Flagler ST, Miami, FL 0141040201520 184 0 0 184 CONCURRENCY SERVICE AREA SCHOOLS CSA Id Facility Name Net Available Capacity Seats Required Seats Taken LOS Met Source Type 2661 KENSINGTON PARK ELEMENTARY 0 17 0 NO Current CSA 2661 KENSINGTON PARK ELEMENTARY 0 17 0 NO Current CSA Five Year Plan 6091 CITRUS GROVE MIDDLE 0 9 0 NO Current CSA 6091 CITRUS GROVE MIDDLE 0 9 0 NO Current CSA Five Year Plan 7461 MIAMI SENIOR -406 10 0 NO Current CSA 7461 MIAMI SENIOR 0 10 0 NO Current CSA Five Year Plan ADJACENT SERVICE AREA SCHOOLS 121 AUBURNDALE ELEMENTARY 142 17 17 YES Adjacent CSA 6011 ALLAPATTAH MIDDLE 451 9 9 YES Adjacent CSA 7791 BOOKER T WASHINGTON SENIOR 297 10 10 YES Adjacent CSA *An Impact reduction of 22.36% included for charter and magnet schools (Schools of Choice). MDCPS has conducted a preliminary public school concurrency review of this application; please see results above. A final determination of public school concurrency and capacity reservation will be made at the time of approval of plat, site plan or functional equivalent. THIS ANALYSIS DOES NOT CONSTITUTE PUBLIC SCHOOL CONCURRENCY APPROVAL. 1450 NE 2 Avenue, Room 525, Miami, Florida 33132 / 305-995-7634 / 305-995-4760 fax / concurrency@dadeschools.net 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: a,;rc1I1.11 t fi r. • CC 453.121 !< M)\aJ A'r ' ,., .: .piriO6IW,99 < ,.a m.' titi,l)lllllln 0141)»i,111»,lYif, ;11V.1111)))11 'NNIHNVINNNIN!!llJ,7lMVJA.,0/IIJJJ,'J; •,t V.0.. Maritza Bart,fn Si 2 (:ommin,iru N. t.,.I 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] RFCOflf)E()INOFF)<:W RECORDS OOdt OE DADE coto/TY, FLORIDA. ALCOPO vEPIFIEO. HAHVEY RUVIN CLPRK CIRCUIT COURT ..1 mllllll uoM,• NORTH SCALE 1"'a01{/i, L 39.39' Tan=25,12' .25.0u ABBREVIATIONS: 11/M MIT Q MY Ma) MALMO NEMaO elP. MOO MP PPE S1a I.r 10ai M .. MOD FENCE LEGEND: 1V. WM. MEE 1R1 - sea Ma ® C MTE OLa1 MC STUCCO - use POMPOM a CLEM E - MOM 1a SIG 01oO.al - IrsrM 1a 0F1 MIwwAM MECUM Me R. PLUME M all IDIOM Tw TMWNE what IMF 0 CUM M .Inter S ;EJTCN OP BOUNDARY' SURVEY PREPARED BY: GUNTER GROUP, INC. LAND SURVEYING - LAND PLANNING FLORIDA CERTIFICATE OF AUTHORIZA110N NO. 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Math1"ia r. sSa mm , at O. dawn q Y lore s. .ens! b W bare& 1 NV Ir.1.M W M.P.70-17. Melia So OM Pasts VMS •Swann W Met 7seWsC alydrY r! Ia]eddl4hstlw— b aMla MOW 1laatla WMala ! Sodas 61-111-01l Data 111-111-Sa1d Mf I41 41SS:lh hi hilt a b 711.e 14-atl7 Rah.d1rl lad ILaaya Matra We. Wahl A ape, Owl. 41 %f1a. 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