The URL can be used to link to this page

Home My WebLink AboutPZAB 7-15-15 Supporting DocumentationPZAB.2 File ID: Title: Location: Applicant(s): Purpose: Finding(s): Planning & Zoning: PLANNING, ZONING AND APPEALS BOARD FACT SHEET 15-00061zc Quasi -Judicial A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T5-L "URBAN CENTER TRANSECT ZONE LIMITED" TO T6-8-L "URBAN CORE TRANSECT ZONE LIMITED", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3101, 3111, 3125, 3131, 3145 WEST FLAGLER STREET, MIAMI, FLORIDA; MAKING FINDINGS; 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 This will allow a zoning designation change for the above properties from T5-L to T6-8-L. Recommends denial. Item includes a covenant. See companion File ID 15-000611u. Planning, Zoning and Appeals Board: Continued from March 24, 2015 and May 6, 2015. City of Miami Planning and Zoning Department Land Development Section ANALYSIS FOR CHANGE OF ZONING FILE ID: 15-00061zc PROJECT ADDRESS: 3101, 3111, 3125, 3131 and 3145 West Flagler Street APPLICANT: Gilbert Pastoriza, Esquire, on behalf of the owner, Coinco Investment Co., Inc. COMMISSION DISTRICT: District 3 NET OFFICE: West Flagler ZONING DESIGNATION: T5-L (Urban Center Transect Zone -Limited) GENERAL INFORMATION: REQUEST: Pursuant to Article 7, Section 7.1.2.8 (b)(2&3) of Ordinance 13114, as amended, the applicant requests a Change of Zoning for five abutting properties (3101, 3111, 3125, 3131 and 3145 West Flagler Street) from T5-L (Urban Center Transect Zone -Limited) to T6-8-L (Urban Core Transect Zone -Limited). The subject area consists of five properties located on the north side of West Flagler Street. These properties make up the south half of this city block and contain approximately 1.23 acres. The properties are bounded by NW 31st Avenue to the west, NW 32"d Avenue to the east, NW Flagler Terrace to the north and W. Flagler Street to the south. The related folios numbers for the five properties are: 01-4104-020-1520, 01-4104-020-1530, 01-4104-020-140, 01-4104-020- 1570 and 01-4104-202-1580). The complete legal description is on file with the Hearing Boards Section. BACKGROUND: The subject properties are zoned T5-L and are developed with one-story, residential units on each lot. The property was previously zoned "R-3" (Multi -Family Medium Density Residential) under the 11000 Code and was subsequently rezoned on April 2010 under Miami 21 to Urban Center Transect Zone -Limited (T5-L). To the north of the site the properties are zoned T3-R (Sub Urban —Restricted) and to the east, west and south the properties are zoned T5-L (Center Transect Zone -Limited). The applicant is proposing a change of zoning from T5-L (Urban Center Transect Zone -Limited) to T6-8-L (Urban Core Transect Zone -Limited). COMPREHENSIVE PLAN: As proposed, the requested zoning designation is inconsistent with the current Miami Comprehensive Neighborhood Plan (MCNP) designation for the properties. As such, the applicant has submitted an application to amend the land use designation from Medium Density Restricted Commercial to Restricted Commercial as a companion item. EXISTING NEIGHBORHOOD CHARACTERISTICS: ZONING FUTURE LAND USE DESIGNATION Subject Properties: Subject Properties: T5-L; Urban Center Transect Zone Restricted Commercial Limited Maximum of 65 D.U. per acre Surrounding Properties NORTH: T3-R; Sub -Urban Transect Zone Single -Family Residential Restricted Maximum of 9 D.U. per acre SOUTH: T5-L; Urban Center Transect Zone Commercial Restricted Limited Maximum of 65 D.U. per acre EAST: T5-L; Urban Center Transect Zone Restricted Commercial Limited Maximum of 65 D.U. per acre WEST: T5-L; Urban Center Transect Zone Restricted Commercial Limited Maximum of 65 D.U. per acre ANALYSIS: The following is a review of the request pursuant to a rezoning criteria at Article 7, Section 7.1.2.8 (a)(3) & (f)(2) of Miami 21. The background section of this report is hereby incorporated into the analysis and its corresponding criteria by reference: Criteria: For rezoning: A change may be made only to the next intensity Transect Zone or by a Special Area Plan, and in a manner which maintains the goals of the Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and building heights. Analysis: The proposed zoning request would be inconsistent with the goals of the Miami 21 Code as the request is not compatible with the abutting single-family zoning district to the north. Furthermore, this request does not provide a transition in the intensity of uses and building heights. Although the proposed rezoning is for an area that spans half of a city block, the rezone to T6-8-L would result in an inconsistent zoning pattern, as there is no other T6-8-L zoning in the immediate vicinity. The T6-8-L will increase residential density from 65 units per acre to 150 units per acre, which is more than double the current residential density allowed. The size and scale of the adjacent uses and structures within the neighborhood do not support this increase in density and intensity. File Id. 15-00061zc Page 2 of 3 There are commercial and multi -family uses fronting W. Flagler Street, within the immediate vicinity of the subject site. The floor heights of these structures are predominately one and two floors, although there is a multi -family complex south of the site which is four floors. With the floor heights predominantly one and two stories in the area, the proposed rezoning will not provide a transition in building heights. For the abutting properties to the North. The applicant has submitted a Restrictive Covenant to limit the future development of the site. The covenant proposes to keep the current maximum of six floor for a period of thirty (30) years and reduce the residential density to 164 units. However, the submitted Restrictive Covenant is not tied to any proposed site or development plans. As such, staff cannot analyze the potential effects of new construction under the T6-8-L zone without considering a maximum build out scenario. Furthermore, the proposed rezoning may create domino effect in the vicinity. The proposed up zoning to T6-8-L is not compatible with the existing development patterns and single- family uses in the immediate neighborhood. Finding: Inconsistent with the intent of the Miami 21 Code CONCLUSION: As previously discussed, the applicant has submitted a Restrictive Covenant to limit the future development of the site. Although, the Restrictive Covenant could potentially reduce impacts of the rezoning, plans were not submitted for staffs comment or analyses to verify what may be built. Additionally, there are no structures in the adjacent blocks within the same zoning district, or with the proposed height and density permitted by the T6-8-L zone. Based on the materials submitted, staff finds that the request is inconsistent with the goals of Miami 21. This request is incompatible with the surrounding zoning districts, does not provide an appropriate transition in zoning, and creates spot zoning. RECOMMENDATION: Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended and the aforementioned findings, the Department of Planning and Zoning recommends denial of the applicant's request of the proposed rezoning as presented. The requested change of zoning is an intrusion of a higher density and intensity to the neighboring properties. &L/ Christopher Brimo Chief of Land Development J. Ellis March 2, 2015 File Id. 15-00061zc Page 3 of 3 Analysis for ZONING CHANGE File ID: 15-00061zc Yes No N/A. ❑ ® ❑ a) The proposed change conforms with the adopted Miami Comprehensive Neighborhood Plan and does not require a plan amendment. ❑ ® ❑ b) The proposed change is in harmony with the established land use pattern. ❑ Z ❑ c) The proposed change is related to adjacent and nearby districts. ❑ ® ❑ d) The change suggested is not out of scale with the needs of the neighborhood or the city. ❑ ® ❑ e) The proposed change maintains the same or similar population density pattern and thereby does not increase or overtax the load on public facilities such as schools, utilities, streets, etc. ❑ ® ❑ f) Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. ❑ ® ❑ g) Changed or changing conditions make the passage of the proposed change necessary. ❑ ® ❑ h) The proposed change positively influences living conditions in the neighborhood. ❑ ® ❑ i) The proposed change has the same or similar impact on traffic and does not affect public safety to a greater extent than the existing classification. ❑ ❑ ® j) The proposed change has the same or similar impact on drainage as the existing classification. ❑ Z ❑ k) The proposed change has the same or similar impact on light and air to adjacent areas as the existing classification. ❑ Z ❑ I) The proposed change has the same or similar impact on property values in the adjacent area as the existing classification. ❑ Z ❑ m) The proposed change will contribute to the improvement or development of adjacent property in accord with existing regulations. ❑ ® ❑ n) The proposed change conveys the same treatment to the individual owner as to owners within the same classification and the immediate area and furthers the protection of the public welfare. ❑ Z ❑ o) There are substantial reasons why the use of the property is unfairly limited under existing zoning. ❑ Z ❑ p) It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. MIAMI 21 ZONING MAP (EXISTING) w -U Q Z T3-O-Z N N M'' z ) ( J NW 2ND ST NW 1ST ST NW FLAGLER TER W FLAGLER ST r Cl) T5-L SW 2ND ST wf SW 31 ST AVE I— U 2 I- 0 M N SW 1 S i T ST 0 150 300 600 Feet I i I I ADDRESS: 3101, 3111, 3125, 3131 & 3145 W FLAGLER ST MIAMI 21 ZONING MAP (PROPOSED) NW 32ND CT w T3-O-Z w N M NW 2ND ST NW 1ST ST NW FLAGLER TER ■ T6-8-L W FLAGLER ST T5-L W 2ND ST w 1- Z SW 31 ST AVE 1- U 0 M N SW 1ST ST 0 150 300 600 Feet I i I I ADDRESS: 3101, 3111, 3125, 3131 & 3145 W FLAGLER ST 0 150 300 600 Feet E_ ,DigitaIG'lobe: GeoE hies; YS/Airb inao erogrid, I t. ADDRESS: 3101, 3111, 3125, 3131 & 3145 W FLAGLER ST City of Miami Legislation PZAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-00061zc Final Action Date: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T5-L "URBAN CENTER TRANSECT ZONE LIMITED" TO T6-8-L "URBAN CORE TRANSECT ZONE LIMITED", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3101, 3111, 3125, 3131, 3145 WEST FLAGLER STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 3101,3111,3125,3131,3145 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: Recommended denial. Item includes a covenant. See companion File ID 15-000611u. PURPOSE: This will allow a zoning designation change for the above properties from T5-L to T6-8-L. WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on July 15, 2015, following an advertised public hearing, adopted Resolution No. PZAB-R-* by a vote of * to * (*-*), item no. *, recommending * of the Zoning Change as set forth; and WHEREAS, the proposed zone change is not in harmony with the requested land use pattern and the adjacent and nearby districts; and WHEREAS, the proposed zone change is out of scale with the needs of the neighborhood or the city; and WHEREAS, changing conditions do not make the passage of the proposed change necessary; and WHEREAS, there are not substantial reasons why the use of the property is unfairly limited under existing zoning; and WHEREAS, the proposed zone change will not contribute to the improvement of development of properties in the adjacent area in accordance with existing regulations; and City of Miami Page 1 of 2 File Id: 15-00061 zc (Version: 1) Printed On: 7/6/2015 File Number: 15-00061zc WHEREAS, the proposed zone change will not convey the same treatment to the individual owner as to the owners within the same classification and the immediate area and furthers the protection of the public welfare; 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 * this change of zoning classification as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Zoning Atlas of Ordinance No. 13114, as amended, is * further amended by changing the zoning classification from "T5-L" (Urban Center Transect Zone -Limited) to "T6-8-L" (Urban Core Transect Zone -Limited), for the property located at approximately 3101, 3111, 3125, 3131 and 3145 West Flagler Street, Miami, Florida as described in "Exhibit A", attached and incorporated. Section 3. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code of the City of Miami, Florida, as amended, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof, pursuant and subject to §163.3187(3)(c), Florida Statutes.{1} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY Footnotes: {1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 2 of 2 File Id: 15-00061 zc (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.R. MITCHELL J. BURNSTEIN, P.A. JAMIE ALAN COLE, P.A. STEPHEN J. HELFMAN, P.A. MICHAEL S. POPOK, P.A. JOSEPH H. SEROTA, P.A. SUSAN L. TREVARTHEN, P.A. RICHARD JAY WEISS, P.A. DAVID M. WOLPIN, P.A. DANIEL L. ABBOTT LILLIAN M. ARANGO IGNACIO G. DEL VALLE JEFFREY D. DECARLO ALAN K. FERTEL CHAD S. FRIEDMAN ALAN L. GABRIEL DOUGLAS R. GONZALES EDWARD G. GUEDES JOSEPH HERNANDEZ ROGER S, KOBERT JOSHUA D. KRUT MATTHEW H. MANDEL MATTHEW PEARL JOHN J. QUICK ANTHONY L. RECIO BRETT J. SCHNEIDER CLIFFORD A. SCHULMAN ALISON F. SMITH MARC SOLOMON LAURA K. WENDELL JAMES E. WHITE WEISS SEROTA HELFMAN COLE BIERMAN & POPOK, P.L. ATTORNEYS AT LAW A PROFESSIONAL LIMITED LIABILITY COMPANY INCLUDING PROFESSIONAL ASSOCIATIONS MIAMI-DADE OFFICE 2525 PONCE DE LEON BOULEVARD SUITE 700 CORAL GABLES, FLORIDA 33134 TELEPHONE 309-854-08O0 FACSIMILE 305-854-2323 WWW.WSH-LAW.COM B ROWARD 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"d Avenue, 3th Floor Miami, FL 33130 •OF 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") Coined is the owner of the Properties. The Properties all face the north side of west Flagler Street for an entire block from NW 3151 to 32nd 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 12 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-I, 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 \Vest 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, City of Miami - Zoning Application Exhibit "A" Page 1 of 2 PdrC"I Sedreh: By pros Adddrtu Dipieon war OIMISPENIO http://maps.miamigis.com/miamizoningsite/ 1/12/2015 City of Miami - Zoning Application Page 1 of 2 T3-0 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 City of Miami - Zoning Application Exhibit "C" Page 1 of 2 http://maps.miarnigis.com/miamizoningsite/ 1/12/2015 1. Applicant(s): Coinco Investment Company, Inc. REZONING APPLICATION RED 'N-: PLANNING [DEPART Eh Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning information. 20151U 1PM 3:22 2. Subject property address(es) and folio number(s): see attached Exhibit "A" 3. Present zoning designation(s): T5-L 4. Proposed zoning designation(s): T6-8-L 5. Per Miami 21, Article 7.1.2.8, c.2 (g), an analysis of the properties within a one-half mile radius of the subject property, including aerial photo of the site as to why the present zoning designation is inappropriate and proposed zoning designation is appropriate. 6. One (1) original, two (2) 11x17" copies and one (1) 8%x11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 7. A clear and legible copy of the recorded warranty deed and tax forms of the most current year showing the present owner(s) and legal description of the property to match the legal description on the survey. 8. A clear and legible copy of the subject property address(es) and legal description(s) on a separate sheet, labeled as "Exhibit A", to match with the current survey's legal description. 9. At least two photographs showing the entire property showing land and improvements. 10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 11. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers, if applicable —of the subject property. 12. For all corporations and partnerships indicated: a) Articles of Incorporation; b) Certificate from Tallahassee showing good standing, less than one (1) year old; c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so; d) Non-profit organizations: A list of Board of Directors less than one (1) year old. 13. Certified list of owners of real estate within 500 feet of the subject property. 14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 15. Original Public School Concurrency Management System Entered Requirements form. 16. The subject property(ies) cannot have any open code enforcement/lien violations. 17. What is the acreage of the project/property site? 1.23 acres Rev. 07-2013 3 REZONING APPLICATION 18. What is the purpose of this application/nature of proposed use? Rezoning to T6-8-L (see attached letter of intent 19. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning and Zoning Department on the 3rd Floor for information. No 20. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning and Zoning Department on the 3rd Floor for information. No 21. What would be the anticipated duration of the presentation in front of the: 0 Planning, Zoning and Appeals Board 30 minutes and/or EICity Commission 30 minutes 22. Cost of processing according to Section 62-22 of the Miami City Code*: Change of zoning classification to: a. CS, T3-R, T3-L, T3-O, T4-R, T4-L, T4-O, T5-R, T5-L, T5-O, T6-R, T6-L, CI: Per square foot of net lot area $ .50 Minimum (Assumes a 5,000 square -foot lot) $ 2,500.00 b. T6-8 0, T6-12 0, T6-24 0, D1, D2, D3, T6-36 0, T6-48 0, T6-60 0, T6-80, CI -HD: Per square foot of net lot area $ .70 Minimum $ 5,000.00 c. Advertising d. School Concurrency Processing (if applicable) e. Mail notice fee per notice f. Meeting package mailing fee per package *Fees over Signature Name Gilberto Pastoriza E Telephone (305)854-0800 $ 1,500.00 $ 150.00 $ 4.50 $ 6.00 of a certified check, cashier's check, or money order. Address 2525 Ponce de Leon Blvd. #700 Coral Gables, FL 33134 E-mail gpastoriza cCDwsh-law.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this I day of 2015, by Gilberto Pastoriza, Esq. who is a(n) individual/partner/agent/corporation of Coinco Investment Company, Inc., a Florida corporation. He/She is personall known to me or who has produced as identification and who did (did not) take (Stamp) Signature `PaYN9e o MARILYN SOMODEVILIA * MY COMMISSION # EE 116532 EXPIRES; September 13, 2015 irk or oP Bonded Thru Budget Notary Services Rev. 07-2013 4 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 REZONING APPLICATION DISCLOSURE OF OWNERSHIP 1. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(es) 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 Signaif 'r STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this ` day of *e‘ 2015 by Gilberto Pastoriza who is a(n) individual/partner/a ticorporation of Coinco Investment Company, Inc., a Florida corporation. He/She is personally known to me or who has produced as identificationnand/who Id (did + ) take an -pth. Vv� (Stamp) Signature o`Par P ei MARILYN SOMODE:VILLA •* MY COMMISSION # EE 116532 EXPIRES: September 13, 2015 �r°TFOF f‘.06) Bonded Thru Budget Notary Services Rev. 07-2013 6 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 REZONING APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Gilberto Pastoriza, who being by me first deposes and says: 1. That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who he/shc represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, El including or 0 not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/chc is the owner -or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Gilberto Pastoriza Applicant(s) Name plicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE � he oregoing was acknowledged before me this ` j day of C.4- 20 1 5 , by Gilberto Pastoriza who is a(n) individual/partner/ngat/corporatio of Coinco Investment Company, Inc., a Florida corporation. He/She is personally known to me or vxho has produced as identification and w"ho did (did not) tales an o (Stamp) Signature 5jpRY P�9 "••,`% MARILYNS0M0DEVILLA * ?t �_ * MY COMMISSION # EE 116532 EXPIRES: September 13, 2015 'P'sNop p�OQ'� Bonded Thru Budget Notary Services Rev. 07-2013 5 This instrument prepared by and after recording return to: Gilberto Pastoriza, Esq. Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. 2525 Ponce de Leon Blvd., Suite 700 Coral Gables, FL 33134 DECLARATION OF RESTRICTIVE COVENANTS KNOW ALL ME BY THESE PRESENTS: That 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 of Miami MIAMI 21 CODE — ZONING REFERRAL Hearing Board (Planning Department 4'l'l SW 2n Avenue, 3rd Floor MlatniFlorida:331330 Address of property(ies): 3101, 3111, 3125, 3131, 3145 West Flagler Street Attached documents are for the following permit application: Waiver Appeal Warrant Appeal Variance Exception Specia Area Plan Amendment to the Code Zoning Change Other 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 tad=® -Abutting Transect Zones are T3-R and T5-L. Combined land area is 53,652 square f'et and has 454.60 linear feet of street Frontage. rD-L \‚< \-t Office of Zoning% Date PLANNING AND ZONING DEPARTMENT PROJECTs REVIEW MEETING December 28.2O14 Gi|bertPaeforiza. Esquire Weiss SerobaHelfnnanCole Bierman &P000k 2525Ponce DeLeon Boulevard Coral Gables, FL33134 Re: 3101, 3111, 3125, 3131and 3145 West FlaglecStreet, Application PR' 4-155 Existing Zoning Designation: T5-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.2.86d(Y), toallow the successional rezoning ofland with more than 40,000 square feet or 200 feet of street Frontage on one obme1 The proposal is tuchange the zone from T5-Lb7TB-8-Ofor acombined land area o/53(O52 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 tmbeconstrued amarecommendation ofapproval. Gte#"ocomments are: 1. The deadline to submit the complete Rezoning application is January 16, 2015. 2, A school soncurnanoy letter is required; p|eooa contact /Aina K8encio at 305.416.1425 with questions concerning the conourrencyprocess. 3� The applicant ahoU also apply for a Land Use change from Medium 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 euna that the Setback requirements for future development on the subject sites comply with Article 5, Illustration 5.5 Urban Center Tranoeot Zones, Building Configuration. 5. If the applicant chooses to proffer restrictive covenant associated with the rezoning requeat, the document shall be submitted with the rezoning application package for nev|avv and approval by the City of K8iunni'n Loxv Department and Planning and Zoning Department prior to the anticipated Planning, Zoning. and Appeals Board public 444 SOUTHWEST SECOND Avsuus' Tx/no pLnoe' MmM/, FL 33130 305.416.1400 -WwW.Mmm/aov.00m O. A Unity of Title in recordable form is nsqU/nad for the proposed rezoning of the subject 7. Be adveed, that the Planning and Zoning Department reserves the right to make recommendations as it pertains to which Transect 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 K8imm| reserves the right to comment further on the project as details and/or explanations are provided and may revise previous comments based on this supplementary information. The Planning and Zoning Department reviews Permit proposals based onMiami 21and C' � Code. Furthermore, the proposed Zone Change kssubject to review and compliance with the requirements of all City departments, as applicable. Sincerely, .Ja�ou�lineEUis Cc Derrick Cook, Plan Coordinator, DovnCejao.Zoning Plans Processor 31O1'3145NiFlaglenStreet PR'14'165 Pna+AppUmdionoommente Page .MCN.g3 and RezoRing ;leaving Proces 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-upresolutions andordinance Land Use and Rezening Cycle - March Date I ,Application Submitted to Hearing Boards 1 i:On or before January 16, 2015 Pre -Application Meeting Deadline December 23, 2014 Applications may be heard by PZAB 11,0n or before second meeting in March 2015 Application will be scheduled for: City Commission [First Reading] i Second meeting in April 2015 Land Use and Rezoning Cycle - September Date 'Application Submitted to Hearing Boards On or before July 17, 2015 Pre- Application Meeting Deadline June 26, 2015 ,Applications may be heard by PZAB r-- ;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 This Instrument prepared by or under the supervision of (end after recording shouk] be returned to): Name: Steven M. Hellmann, Enquire Address: Greenberg, Traung, Hoffman, Lipoll, Rosen & Quentel, P A. 1221 Nickell Avenue Miami, Florida 33131 Parcel I.D. Nos. 01-4104-020.1520; 01.4104-020.1530; 01-4104-020-1540; 01-41 D4020-1570; and 01-4104-020-1580 SPECIAL WARRANTY HEC. 11rf.1T8T6n1698 9-/R534`.536 1997 NOV 21 12%53 DOCSTFDEE 7,590.60 SURTX 5r4592.5O HARVEY RUVINr CLERK DADE•000NTY7 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, #116, Miami, 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 Dade 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) al( laws, ordinances, regulations, restrictions, prohibitions and other requirements Imposed by governmental 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 (f) 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) tiO nrr. !lulu? 699 RLC. 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 / ( tr-et! Print Name: if-.634.e Ned Print Name: N G4f312E024 STATE OF FLORIDA ) ss: COUNTY OF DADE By: Name: l� 1tonio Femandez Title: resident [CORPORATE SEAL] Address: 200 Central Avenue, Suite 2200 St. Petersburg, Florida 33701 The foregoing instrument was acknowledged before me this L'1 day of November, 1997 by Antonio Fernandez, 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: • AA%NrY•WAVAPiNanrrr,. /q,:>.c•r,11%Illl!!.Sc try srcitf C� 1 1••rlda �[ . f, • r•.; •. • . CL 4S.l.r21 Vs. ' ;.. � :; pitci OGtW99 U�C,1\\Ul\) uwl,Y»li JS)U,\),)) ANsNitY. 11\ ran '��r PO, Maritzr nirtln St : Notary P,,1,'.,c."(: •d• `� r:nn rrittirnrn N. t•t U` My COM:F h'.I• :. t , ( N.•r) ( ,•..., cur ^•r . ri. . , •� h Name: 414-g-.• Notary Public, State ofF lorida Commission No. d o 1-" f . [NOTARIAL SEAL] RECOM)F!) W OFP;y,(NREECORDS 000$ tY DAC U COM rttCO.0 vEr+�riEn HAHVEY RUVIN (;LARK CIRCUIT COURT nullll111111m . NORTH SCALE I. =a&WArrS ABBREVIATIONS: !VP I.A7Or MY (Lear) IIMELNED PIP. ROMP PM PPE VLF. CPl11a l MICE V. Mm.11rE LEGEND are MTN. FENCE 151 - PPM IMEE OM MOVE Mare PO rlem - POEM PEE a OWN E - sea use Me PIMP. 4 - MOOR Mt Ural O1EPO0 1161RC IP! !^ .LIC LE1CM Tar TEMPT T MM. Mac Cr CUTE IM MOM S IKE� 11011 OF BOUNDARY SURVEY PREPARED BY: GUNTER GROUP, INC. LAND SURVEYING - LAND PLANNING FLORIDA CERTIFICATE OF AUTHORIZATION N0. LB 4507 9350 S.W. 22nd TERRACE MIAMI, FLORIDA 33165 (305) 220-0073 MMr1a7! ROfi `1.ss"r.. be marry Jr++eir wn. .l raper el .i..° .errbry !: lead awl be rot bar Asa b. aroma bean I. Marra r au.. mthy. Irrear" a ' lib r�wlw. Tri..uwv sie rmarla by. Subaru w ((1 tarIn \1144r .pesail rears eler s Oleplr I-v. Rrrb.1022 eta.. Irr n 1M Mr Re.Q err rraAa Ora Pweb b bean e sward IfrWi. 4 Err OOYL b.dl. reedy . PvA tle.Lv .4T Yw preen.preen.berrt barreedy 0) Ira brelillen yarli.r Ar l se way re b Ur dint ab .Yj.er.w.... IhrtaI r aMelatl.r pa] rabeua 1 t1 1M4.ra re 14..e! e . be b b. martao 1. 4ele.re4brser If .l .. a .erMly re a.9ab1 .era! 1 P.b1Y WON eat be/renter b M .m.a R..Rs! ra err b ub arse b brat or aaraP•ar W M . r1/r rearm rater r r) TMs eat bra b.a PAral in' SO ..mow .t W aaetlr goal Mara trey .Y Ma artlesll__ beer 4 a.t atr b or aasetl path.. 18 UN r Tnary moron to . art* .area ray.settrura4.gr tor ri4Mr.l. ratio reb4 T. II) ! MIL IL gae.rlee .r. MteMet 1 MNM-11�2PP. lad Aar Tbe. la Oeal� Rae MIN bra.. peer ..7 4.1.. rub eatr Mara-•a14 1 wed ter NrArni Ir a afrel14 Ia1 Awry.. W R+Ar In eraser. area Erma. Oetb U 41111. Orb 1 Re.w. MTV. every b rat will .1a.1 W Orrin W W 11r/ set 1 . Malt Hari <d A*.yr ea Mora 1101. MI. 8118. 4141 rr 114t Tat Mega Aere.! Mat Raw MIS la041. OOCEIRIOltr of Tab lr4W00 A®q crib. t. gal U. ler lir Mare W 14 bet� •.. 4.I fa Mof Iab r Par aP 40 PM14 I TV at M. W17 - 1 Nral-OW TWO CmICO M.MiImR COMPANY. e1C.. l Rama cammon0:1. ice'_ DAMP 1) .e WarmanCerbta.A Prp, . a are U4l.aa0rl A) MC IMk MC Mena lb ri/r e.MPa. r Orb b/raR r9 �Paat;; P) Vera Ma. errs. be en 4) Oraw`lsa land Rib b Rorer 0 4 1 Ii1fag Err of a.aaq Brq .r Or irwY 2MbIarl . Inns anb dIY q W bar 1 b.Mn 14 d q r.....TO air_ fate mars be Mermen T 1r4 Morris set A. tl. set a III-1P. PIrra C.M, real ...ant to Haar .AEON mama Mabba Arran; 01-01-8111! Oats 1t14-M14 Jab Ifa. l4-MMr last* IN. ARM Yr, lark,`RM. U CIE ra.rcaw I.Y wra,ea a Wive. R'l. 111rab 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: 3 313 4 HOME PHONE: (3 0 5) 8 5 4- 0 8 0 0 CELL PHONE: FAX: (3 0 5) 8 5 4- 2 3 2 3 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? YES 0 NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. Doc. No.:86543 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a. b. c. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. 5. Describe what is being requested in exchange for the consideration. ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for same issue shall be reviewed or considered by the applicable board(s) unti piration of a period ear after the nullification of the application or ord PERSON SUBMITTING DISCLOSURE: ig ur Gilberto Pastoriza Print Name Sworn to and subscribed before me this l at �C' 201 5 . The foregoing instrument was acknowledged before as identification me by , who has produced and/or is per�u kwho did/did not take an oath. ` t°R:P;'ec STATE OF FLORIDA CITY OF MIAMI MY COMMISSION EXPIRES: .1L SOM09E It A * `(_i * Y COMMISSION # EE 116532 in , FXPI ES: Septcm r TFOF �O0 Bonded Thru Budget Hoary Servvk e Enclosure(s) Doc. No.:86543 Page 2