Loading...
HomeMy WebLinkAboutApplication & Supporting DocumentsAkerman July 19, 2013 Via Hand Delivery Anel Rodriguez Hearing Boards Section 3rd Floor 444 S.W. 2nd Avenue Miami, Florida 33130 Steven J. Wernick, Esq. Akerman Senterfitt One Southeast Third Avenue Suite 2500 Miami, FL 33131-1714 Tel: 305.374.5600 Fax: 305.374.5095 ste_v..en,wernick?akermen,.o_om Re: 2700 NW 2nd Avenue and 235 NW 27th Street Applications for Comprehensive Plan Amendment and Rezoning Letter of Intent / Supporting Analysis under Article 7.1.2.8.c2(g) of Miami 21 Mr. Rodriguez: Our firm represents G40, LLC ("Applicant"), owner of that certain property located at 2700 NW 2nd Avenue ("Parcel 1 ") and 235 NW 27th Street ("Parcel 2") in Miami, Florida (collectively, the "Property"). The Property is approximately 1h of a city block in the heart of Wynwood, comprised of collectively 32,450 square feet (.745 acres) of currently vacant unimproved land with 295 feet of frontage along NW 27th Street and NW 27th Terrace immediately west of NW 2nd Avenue. With its central location along NW 2nd Avenue and the increase in demand for housing, work/live spaces, commercial services and hospitality uses in Wynwood, the Applicant is interested in developing the Property as a mixed -use project to include Wynwood's first hotel coupled with multi -family dwelling units, ground floorretailand restaurants and other vibrant uses to create a privately -owned public space that can be a center for residents and visitors alike where great "collisions" of creative people andideascan flourish, Under current designations on the City's Future Land Use Map and the current transect zones in the Miami 21 atlas, the density and intensity constraints on the Property stand as obstacles to the Applicant's vision for a successful mixed -use project for NW 2nd Avenue. It is the Applicant's understanding that the City is presently considering broad zoning and land use changes to the NW 2nd Avenue Corridor that would allow for development projects similar to the applicant's proposal, As such, the current proposal is not out of character with the City's ultimate plan for redevelopment of this corridor. akerman.com {26740861;3} Page 2 of 8 The Applicant hereby submits applications for (1) a proposed amendment to the future land use map of the City of Miami Comprehensive Neighborhood Plan ("MCNP") from "Medium Density Restricted Commercial" and "Light Industrial" to "General Commercial", and (2) a rezoning from T5-O and D1 to T6-8-O ("Applications"). These Applications are submitted as companion items under Chapter 62 of the City of Miami to be noticed to the public and scheduled for public hearing concurrently, I. Background The Applicant is a controlled venture of Goldman Properties, one of the largest property owners in Wynwood and one of the key stakeholders in the revitalization of the district over the past 10 years, The late Tony Goldman, founder of Goldman Properties, identified Wynwood as the next great urban neighborhood of Miami. Having helped brought life back to South Beach in the 1980s and 1990s through a great investment in placemaking, focused on the arts and hospitality, Tony turned his attention to Wynwood, Now owning over 350,000 square feet of property and 180,000 square feet of existing buildings throughout the district, Goldman Properties has a vision for the revitalization of Wynwood. Goldman Properties' VISION for the neighborhood is: to add life to lifeless buildings, add color and presence to bland facades, activate abandoned streets with pedestrian activity, and through the arts, cultural programing and unique users, create a community where individuals of all backgrounds and demographics could participate and work, live, and play within its boundaries, Goldman Properties has been at the forefront of the creation and establishment of street life, arts, and cultural programming in Wynwood, Past projects that advance the VISION include: • MOCA Wynwood (Satellite of North Miami's Nov. 2005 renowned MOCA Museum) • Joey's Restaurant (33-seat restaurant) Dec. 2008 • Wynwood Walls (world-famous outdoor Dec, 2009 mural museum curated and sponsored by Goldman Properties) • Wynwood Kitchen and Bar (204-seat Nov. 2010 restaurant) • The Light Box and Goldman Warehouse Jan 2011 (150 seat performing arts theatre shared by multiple arts organizations) The Wynwood Building Mar 2012 (The "Go -To", one -of -a -kind, office and retail building for Miami's most creative community) Goldman Properties has led efforts to bring in energetic tenants with unique business models, original non-commoditized products, into Wynwood. Tenancies that advance the VISION include: {26740861;31 Page 3 of 8 • Panther Coffee • LAB Miami • Gallery Diet • Miami New Times • Gallery Ricart • Del Toro Shoes Goldman Properties currently has several projects in development that also advance the VISION in Wynwood: • Wynwood House (adaptive reuse of an existing shoe warehouse evoking Goldman Properties' trademark dedication to high quality design inside and out, including 7,000 square feet of commercial space, office/studio space, and live/work units) • Green Space (10,000 square foot building featuring a living green wall as its exterior and a one of a kind art installation on the floor of the center corridor. With 2 retail bays at the building's front and 6-7 interior office spaces, the building also will host a tree - filled exterior courtyard.) Goldman Properties is in the process of pursuing another 15,000 square feet of creative space conversion from inactive warehouse space. Goldman Properties has a track record of community development in Wynwood, It led the effort to form and realize the Wynwood Cafe District, which was the major catalyst for restaurant activation, a key component in the recent growth of Wynwood. It was a leader in the forrnation and development of the Wynwood Arts District Association, Inc., a 501 (c)3 organization that focuses on providing security, sanitation, and promoting the arts in Wynwood. It worked hand -in -hand with Women of Wynwood (a partnership with the Lotus House Women's Shelter) to market and brand the Arts District, Most recently, Goldman Properties was heavily involved in the formation of the Wynwood Business Improvement District ("BID"). It championed the BID from an idea through successful vote and formation on June 4, 2013, II. Conceptual Project NW 2nd Avenue has quickly become the primary mixed -use corridor in Wynwood. Second Saturdays have drawn thousands of visitors each month to experience Wynwood's art galleries. New restaurants, coffee shops, eclectic retail storefronts, and studios dot the landscape and draw interest from all over Miami -Dade County and beyond. The NW 2nd Avenue corridor is poised to become a more dynamic and vibrant center for life in Wynwood. People want to live in Wynwood . , , and Wynwood needs a central meeting place for Wynwood's creative class, visitors wishing to stay in the heart of Wynwood and where people from all walks of life can mingle and exchange ideas. As Goldman Properties has been the place -making leader in Wynwood and owns over 20 properties throughout the neighborhood, Goldman Properties understands what the neighborhood needs for growth/development. The concept for development of the Property would include {26740861;3) Page 4 of 8 ground -floor retail wrapping the frontages along NW 2nd Avenue and NW 27th Street, with a hotel lobby, and a mixed -use building with both hotel rooms and multifamily residential units. The hotel would likely have an event space to host neighborhood functions and other private events in the area. While the Applicant has not formalized the specific plans, this mixed -use concept at densities greater than 65 units/acre remains central to any development of the Property, and the basis for the future land use amendment and rezoning of the Property. Catalytic projects are important to the revitalization of core urban neighborhoods. The Property is the largest vacant parcel of land along the NW 2nd Avenue Corridor. Development of the Property is central to the continued growth of the NW 2nd Avenue corridor and the Wynwood neighborhood. And the possibility of bringing a hotel to the Property would have a tremendous economic impact on the surrounding neighborhood, bringing in visitors interested in the arts and contributing to investment in new business ventures in Wynwood, Goldman Properties is heavily invested in Wynwood and would not pursue a change that it believes could have negative impacts on the quality of the neighborhood in the long -run. Goldman Properties submits these Applications with great thought and consideration for the success of Wynwood, III. Application for Comprehensive Plan Amendment Section 62-8(c) of the City of Miami Code of Ordinances provides that amendments to the future land use map shall be reviewed to ensure that "the land use, densities and intensities proposed are compatible with and further the objectives, policies, land uses, and densities and intensities in the comprehensive plan, provided further that the comprehensive plan shall be construed broadly to accomplish its stated purposes and objectives." This proposed amendment is compatible with the objectives, policies, land uses and densities and intensities in the City's MCNP, The primary goal set forth in the Future Land Use Element, Goal LU-1 is to protect and enhance the quality of life and foster economic development. Specifically, Policy LU-1,1.11 calls for a priority to be placed on urban infill. "[Tjhe concentration and intensification of development around centers of activity shall be emphasized with the goals of enhancing the livability of residential neighborhoods and the viability of commercial areas, Priority will be given to infill development on vacant parcels, adaptive reuse of underutilized land and structures. As the Property sits in the middle of a burgeoning activity center in the heart of Wynwood, the proposed amendment is consistent with this policy. This proposed amendment also furthers Goal LU-3, which encourages urban redevelopment in identified Urban Infill Areas, Objective LU-3-1, which calls for the City to promptly review and act on petitions for land use plan amendments and rezoning of property in Urban InfiII Areas to facilitate redevelopment, and Policy LU-3.1.1, which call on the City to continue review of existing zoning regulations to determine if they provide adequate flexibility to promote redevelopment. This proposed amendment would consolidate the future land use designation of the Property consistent with the designation of Property on the east side of NW 2nd Avenue. For all intents and purposes, Parcel 1 and Parcel 2 are treated as one cohesive tract of land, No physical { 26740861;3 } Page 5 of 8 separation exists, The Applicant acquired Parcel 1 and Parcel 2 through a single deed in 2004, However, the Future Land Use Map currently designates Parcel 1 as Medium Density Restricted Commercial and Parcel 2 as Light Industrial. The property located adjacent to NW 2nd Avenue on the east side of the street from NW 29'h Street south to NW 27th Street is designated as General Commercial. This is part of a band of property from NW 29th Street south along NW 2nd Avenue, In recognition of the wide variety of land uses that are currently present on NW 2nd Avenue and the demand for a pedestrian -friendly mixed -use corridor that can be a thriving and exciting place to live, eat, shop and work, the Applicant is proposing that the Future Land Use Map under the City's Comprehensive Neighborhood Plan be amended to designate the Property (both Parcel 1 and Parcel 2) as General Commercial to match the future land use designation on the east side of NW 2nd Avenue. The General Commercial future land use designation would allow for a variety of land uses along NW 2n6 Avenue, including the residential, hotel, retail, and other uses at densities that are desired for this Property and that are already contemplated on the east side of NW 2nd Avenue. IV. Application for Rezoning As an initial observation, Parcel 1 and Parcel 2, collectively the Property, should be zoned as one transect zone, No physical separation exists between Parcel 1 and Parcel 2. They are part of the same vacant tract of land, which were acquired together through one transaction in 2004. When Miami 21 went into effect in May 2010, Parcel 1 along with most of the NW 2nd Avenue corridor was zoned T5; Parcel 2 was zoned Di , creating a difficulty in developing a unified project, As Goldman Properties evaluates the optimal site activation, it becomes clear that the T-5 transect zone does not allow for the types of densities and necessary height for the types of residential and hotel densities mixed -use residential, hotel building. NW 2nd Avenue in Wynwood is becoming a central corridor for pedestrian activity and the heart of the Wynwood Arts District and Wynwood Cafe District, In order to develop a mixed -use project that provides a hotel component and acts as a central hub for the NW 2nd Avenue corridor, the Applicant seeks a rezoning of the Property from Di and T5-0 to T6-8 0. A. Analysis under Article 7.1.2.8. c2(g) of Miami 21 Contained below is a narrative analysis of the justification for the proposed rezoning of the Property to T6-8-0. In support of this application, architecture firm, Add Inc,, has prepared a "Rezoning and Future Land Use Map Amendment - Graphic Analysis" to understand better the challenges presented by the current zoning and the importance of the proposed rezoning for the conceptual development of the Property. i, Existing Conditions Included within the Graphic Analysis for your review and consideration are photographs of building elevations of all existing properties within 300 feet of the Property, We have also included {26740861;3} Page 6 of 8 an aerial photograph and exhibits showing the future land use designations and transect zone designations for these surrounding properties. The current conditions in the surrounding area show several vacant properties and a number of existing one and two story warehouses and other older commercial and industrial buildings. Some of these buildings have been renovated for adaptive reuse, but many remain in deteriorated condition, Clearly, many of these property owners have been waiting for the right time and market conditions to redevelop their properties, To the west of the Property and to the east of the Property south of NW 26th Street, the neighboring properties are zoned as Di. Under D1, these properties can be developed by Right at a size and scale equivalent to T6-8 (up to 8 stories in height with 80% lot coverage, 10 ft front setback and zero side and rear setbacks) and up to 36 units/acre for work live units. To the east of NW 2nd Avenue north of NW 26th Street, there are several blocks comprised of old single-family, duplex, and multifamily residential buildings interspersed with small warehouse buildings, which are zoned T5-L. Significantly, there are many older rental properties that have been recently demolished in the area to make way for new mixed -use residential/commercial properties. To the north and south of the Property along NW 2nd Avenue, the neighboring properties are zoned T5-0. Under T5-0, these parcels can be developed by Right up to 5 stories, with 80% lot coverage, 10 ft front setbacks and zero side and rear setbacks. ii, Comparative Analysis In analyzing the current vs, proposed transect zone regulations, it is evident that the proposed rezoning is both practical and appropriate to the scale of building size and massing currently permitted under the current D1 and T5 transect zones throughout the neighborhood. As demonstrated in the conceptual and volumetric studies, the development of a mixed - use, residential and hotel building on the Property under the current zoning, because of the restriction to 65 units/acre, would only allow for a maximum of 48 units (or 96 hotel rooms). When a possible development program is considered in relation to the maximum building envelope, parking requirements, and other development standards, the project would only achieve 45 units on 2 floors of habitable space above a ground floor, an unrealistic development program and an underutilization of such a centrally located site within the heart of Wynwood. With a rezoning to T6-8-0, Add Inc,'s volumetric study reveals a project that with sufficient density could achieve 55 dwelling units along with 110 hotel rooms on 7 floors of habitable space above an activated ground floor, all together much more compatible to the permitted building envelope of the surrounding properties that are zoned D1 to the west and T5 along NW 2nd Avenue. Ili, Consistency with the MCNP The proposed rezoning is consistent with the City's MCNP and the intentions of Miami 21. {26740861;3} Page 7 of 8 First, this transect zone is consistent with the General Commercial future land use designation, which would provide for a mix of uses, including hotel, residential and retail, and provides underlying densities and intensities that are consistent with the T6-8-0 transect zone, Second, the proposed rezoning is consistent with the successional zoning theory of Miami 21, The rezoning of the Property from D1 and T5-0 to T6-8 meets the requirements of Section 7,1.2.8.c, which denote the transect zones which are available as successional zones, Further, the properties to the north and south and east of the Property are currently zoned T5-0, and the properties to the west are zoned D1, all within one transect zone category of Di . Lastly, this rezoning furthers the purpose of the Miami 21 code, Section 2.1.1, "to promote the public health, safety, morals, convenience, comfort, amenities, prosperity, and general welfare of the City and to provide a wholesome, serviceable, and attractive community, including without limitation, reduction of sprawl; and improvement of the built environment and human habitat," This rezoning follows on the heels of the formation of the BID, which is a neighborhood - wide effort to improve safety and an enhanced business environment. One of the key planning principles in creating a true "neighborhood" that is safe and desirable is placing eyes on the street, As Jane Jacobs so famously said in Death and Life of Great American Cities, "This is something everyone knows: A well -used city street is apt to be a safe street. A deserted city street is apt to be unsafe."' This rezoning would put eyes on the street by permitting the creation of a true mixed -use residential/hotel building with ground floor retail and restaurants. This would increase comfort and bring important services and amenities which do not currently exist in Wynwood, most notably a hotel. It is important to note that the intention of the proposed rezoning is not to depart from the industrial chic character of Wynwood. As demonstrated in the Rezoning and Future Land Use Map Amendment — Graphic Analysis, the intention is to develop a project that (a) reflects the "working" character of the neighborhood, and (b) respects the interaction between public and private spaces, which has become an important hallmark of Wynwood. V. Conclusion No one knows Wynwood like Goldman Properties. In an effort to provide for effective development of the Property and to continue forward with the growth and revitalization of Wynwood, the Applicant respectfully requests the consideration of this amendment to the future land use map of the City's MCNP to "General Commercial" and a rezoning to "T6-8-0", Enclosed herein are complete Applications, along with all required forms, materials and application fees, Jacobs, Jane. The Death and Life of Great American Cities. Random House, New York. 1961. {26768448,1} Page 8 of 8 Please contact my office with any questions, requests for additional information, and for notification of scheduling of hearings in connection with the Applications. You can reach me via telephone at 305-982-5579 and email at steven.wernick@akerman,com, Thank you for your attention to this matter. Steven J. Wernick Enclosures cc: Francisco Garcia, Planning Director Carmen Sanchez, Assistant Planning Director Irene Hegedus, Zoning Administrator Marto Courtney, Goldman Properties Joseph Furst, Esq., Goldman Properties Jonathan Cardello, Add Inc, {26740861;3 } Applicant: G40, LLC Property Location: 2700 NW 2 Ave & 235 NW 27 St City of Miami, FL Aerial Map Akerman Applicant: Property Location: G40, LLC 2700 NW 2 Ave & 235 NW 27 St City of Miami, FL Existing Zoning Map T-5L (Parcel 1) D1 (Parcel 2) Akermon Applicant: Property Location: G40, LLC 2700NW 2Ave &235NW 27St City of Miami, FL N Existing Future Land Use Map Medium D Restricted. Comm. (Parcel 1) Light Industrial (Parcel 2) sli III!i]I COMPREHENSIVE PLAN APPLICATION PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION,,,,, 444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-416-20 www.miamigov.com%hearing boards r.-.. Welcome to the City of Miami! This application is intended to serve as a guide in assis ' g y with our public hearing process. Please feel free to contact us, should you have any que 'onsc_, There is no deadline to submit this application as it is presented semi-annually to the Pining Zoning and Appeals Board and the City Commission. The application submittal date is the' date stamped by Hearing Boards' staff on this page. The responses to this application must be typed and signed in black ink. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. Should you wish, you could bring the materials to our office for review prior to submittal to ensure completeness. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. All documents, reports, studies, exhibits (8'/zx11") or other materials submitted during this process will be kept as part of the record. Any documents offered to the Planning, Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15) days before the meeting as part of the agenda materials will be entered into the record at the discretion of the aforementioned Board and Commission. ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an agreement to support or withhold objection to the requested approval, relief or action. The Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit included in this package must be submitted with the application. The applicant must, at the commencement of any public hearing on the issue, if there is any disclosure to report, read the disclosure into the record. Also, the applicant must supplement the affidavit if there is any new information or additional information to disclose, Copies of City Commission resolutions and ordinances can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. COMPREHENSIVE PLAN APPLICATION Please refer to Section 62-31 of the Miami City Code for Comprehensive Plan information. 1. Applicant(s): G40, LLC 2. Subject property address(es) and folio number(s); 2700 NW 2 Avenue (01-3125-031-0200); 235 NW 27 Street (01-3125-031-0171) 3. Present designation(s): Medium Density Restricted Commercial; Light Industrial 4. Future designation(s): General Commercial 5. If the requested Land Use is approved, will a Rezoning be requested for consistency with the Zoning Atlas, per F.S. 163.3184(3)(e)? Yes If yes, please contact Planning at 305-416-1400. 6, Has the designation of this property been changed in the last year? If so, when? No 7. Do you own any other property within 200 feet of the subject property? Yes If yes, has the property been granted a Land Use Change within the last year? No 8. One (1) original, two (2) 11x17" copies and one (1) 81/zx11 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. {26655933;1 }Rev, 07-2012 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? .745 acres (32,450 sq. ft) 20. What is the purpose of this application/nature of proposed use? Achieve consistent future land use designation on east and west sides of NW 2nd Avenue Corridor; increase permitted density for mixed use project in, Wvnwood activity center 21, Is the property within theboundaries 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 withinthe 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: ✓ Planning, Zoning and Appeals Board 20min. and/or ✓ City Commission 20min. 25. Cost of processing according to Section 62-22 of the Miami City Code*: a. Application to Amend the Comprehensive Neighborhood Plan per acre b. Advertising c. School Concurrency Processing d. Mail notice fee per notice e. Meeting package mailing fee per package $ 5,000,00 $ 1,500,00 $ 150.00 $ 4.50 $ 6.00 *Fees over $25, 000.00, shall be paid in the form of a certified check, cashier's check, or money order. Signature '(/) Name Steven J. Wernick, Esq. Telephone 305-982-5579 STATE OF FLORIDA -- COUNTY OF MIAMI-DADE ,b ng was ck�ow�lledge befoWA2inlG1-1 who is a(n) individual/partner/agent/7 oration a(n) individual/partnership/corporation. (IHe/ he i persq' ally-�kn•.wn tom 9rwo has produced as identification and ho did (did notFta e a'.'h Address 1 SE 3rd Avenue, 25th Floor Miami, FL 33131 E-mail steven.wernick a(�akerman.com (Stamp) DIANA pERBZ-OArA NOTARY PUBLIC STATE OF FLORIDA Comm# EE101480 Expires 6/812015 day of `,V` y Signature {26655933;1 }Rev, 07-2012 3 COMPREHENSIVE PLAN APPLICATION OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Steven J. Wernick, Esq. , who being by me first deposes and says: 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/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, ✓ 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/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Steven J. Wernick, Esq. �---, Applicant(s) Name Applicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE foregoing w a k' /nflwledg. be or me thi L day of 20 , by 1 �V �(1 e(r1tV-1 who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation , She is erp.onall. known to me r who has produced as identification an• who did (did not) to a oat (Stamp) Signature DIANA PEREZ4ATA NOTARY PUBLIC STATE OF FLORIDA * Camm# EE101480 Expires 6/8/2015 {26655933;1}Rev, 07-2012 4 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that G40, LLC, a Florida limited liability company, have made, constituted and appointed, and by these presents do make, constitute and appoint STEVEN J. WERNICK the true and lawful attorney for them and in their stead to execute all documents and instruments required with respect to their applications for a Comprehensive Plan Amendment and Rezoning under the requirements of the City of Miami Code of Ordinances and Miami 21 zoning code, submitted to the Office of Hearing Boards, for the property located at 2700 NW 2nd Avenue and 235 NW 27th Street, giving and granting unto STEVEN J. WERNICK their said attorney, full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done with respect to the application as fully, to all intents and purposes, as he might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. WITNESS WHEREOF, I have hereunto set my/our hand(s) and seal(s) this Ilkdayof , 2013. Signed Mnd delivered in the presence of: Witneignature 114 ktiA Witness Name STATE OF FLORIDA COUNTY OF MIAMI-DADE ) SS: Sign Jose . R. Furst Print ame The foregoing instrument was acknowledged before me this / 7 day of by who is personal own to me or who have roduced a as identification. JOSE GRUU.ON t a* � MY COMMISSION # DD 914778 r EXPIRES: September 22, 2013 44:Bonded Thru Notary Public Underwriters 1 NOT Y UBLIc Print // a e: ®.S"� J'� e �t My commission expires: f3 {26745211;1} COMPREHENSIVE PLAN APPLICATION DISCLOSURE OF OWNERSHIP 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) G40, LLC Percentage of Ownership See attached Exhibit B Subject Property Address(es) 2700 NW 2 Avenue; 235 NW 27 Street 2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): Legal Description(s): *see attached Exhibit C *see attached Exhibit C Steven J. Wernick, Esq. Owner(s) or Attorney Name Owner(s) or Attorney Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE T oregomg was ackn wiled ed before me this day of 20 )011j , by J ll U r(ll who is a(n) individual/partner/agent/p oration o individual/partnership/corporation H ./She ersonall as identification an: who di did-not=)-ta (Stamp) Signat r IANA IJORIZ-DATA NOTARY PUBLIC STATE OF FLORIDA .' Camm# EE101480 Expires 6/8/2015 a(n) e or who has produced {26655933;1 }Rcv. 07-2012 5 Exhibit A — Addresses and Legal Description Subject Property: 2700 NW 2nd Avenue 235 NW 27th Street Legal Description: Folio 0131250310200 Folio 0131250310171 Lots 21, 22, 23, 24, 25 and 26, less the East 5 feet of Lots 25 and 26 of MARION PLACE subdivision, according to the Plat thereof, recorded in Plat Book 3, at Page 57, of the Public Records of Miami -Dade County, Florida, {26746877;1} Exhibit 13 - Disclosure of Ownership Interest Owner • G 40, LLC, a wholly owned subsidiary of GM Wynwood Holdings, LLC GM Wynwood Holdings, LLC Goldman Wynwood Member— 50.1 % ■ R. Anthony Goldman Living Trust — 33.79% C. Joseph Goldman — 36.16% ■ Jessica Goldman Srebnick — 12.22% o • Marto S. Courtney — 7.78% • Joseph Furst — 4.55% • Goldman Grandchildren Trust — 4.00% ■ Jake A. Goldman Trust 1.50% o Mautner Wynwood Member — 49.9%0 ■ Hans Mautner — 14.29% ■ John Nordstrom — 14.29% ■ Damon Mezzacappa-71,42% {26754748;1} Exhibit C - Properties within 500 Feet of Subject Property Folio Address Owner Legal Description 0131250310170 252 NW 27 Ter G 41 LLC Lot 20 of Marion Place, according to the Plat thereof, as recorded in Plat Book 3 at Page 57 of the Public Records of Miami -Dade County, Florida 0131250320080 285 NW 26th St 285 NW 26 St. LLC West one-half (1/2) of Lot 15 and the East 15 feet of Lot 14, Block 1, of High Ridge, according to the Plat thereof, as recorded in Plat Book 9, Page 56, of the Public Records of Miami -Dade County, Florida. 0131250320440 2750 NW 3 Ave Wynwood Building, LLC Lots 1 through 7 inclusive, and Lots 18 through 24 inclusive, Block 5, of High Ridge, according to the Plat thereof, recorded in Plat Book 9, at Page 56, of the Public Records of Miami -Dade County, Florida. 0131250320420 321 NW 26 St Goodcorner LLC Lots 22, 23 and 24, Block 4, High Ridge, according to the Plat thereof, recorded in Plat Book 9, at Page 56, of the Public Records of Miami -Dade County, Florida. 0131250320430 301 NW 26 St 0131250320250 2660 NW 3 Ave Wynwood DS LLC Lots I, 2, 3 and 4, Block 4 of High Ridge, according to the Plat thereof as recorded in Plat Book 9,Page(s) 56, of the Public Records of Miami -Dade County, Florida. 0131250320280 360 NW 27 St 0131250310160 257 NW 27 St G-42 LLC Lots 17, 18 and 19 of Marion Place, according to the Plat thereof, as recorded in Plat Book 3, at Page 57 of the Public Records of Miami -Dade County, Florida. 0131250310150 268 NW 27 Ter 0131250310140 276 NW 27 Ter 0131250300110 222 NW 26 St Miami 26 LLC Parcel I: The south 8 inches of Lot 27, less the East 5 feet thereof; Lots 28 and 29, less the East 5 Feet thereof; Lot 30 less the East 5 feet and the South 10 Feet thereof; Lots 31, 32, 33 and 34, less the South 10 Feet thereof, all in Block 1 of Northeast Second Avenue Commercial Subdivision, according to the Plat thereof, as recorded in Plat Book 16, at Page 9, of the Public Records of Miami -Dade County, Florida. Parcel IL: Lots 18, 19, 20 and 21 in Block 1 of Northeast Second Avenue Commercial Subdivision, according to the Plat thereof, as recorded in Plat Book 16, at Page 9, of teh Public Records of Miami -Dade County, Florida. Parcel III: Lots 22, 23, 24, 25, and 26, in Block 1, of Northwest Second. Avenue Commercial Subdivision, according to the Plat thereof, as recorded in Plat Book 16, at Page 9, of the Public Records of Miami -Dade County, Florida, 0131250300111 220 NW 26 St 0131250300120 2550 NW 2 Ave 0131250300130 2520 NW 2 Ave 0131250300160 2506 NW 2 Ave 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: Steven J. Wernick (First Name) (Middle) (Last Name) HOME ADDRESS: Akerman Senterfitt CITY: Miami (Address Line 1) One SE Third Avenue, 25th Floor (Address Line 2) STATE: Florida ZIP: 33131 HOME PHONE: 305.374.5600 CELL PHONE: FAX: 305.374.5095 EMAIL: steven.wernick@akerman.com BUSSINESS or APPLICANT or ENTITY NAME G 40, LLC BUSINESS ADDRESS: 804 Ocean Drive, 2nd Floor (Address Line 1) Miami Beach, FL 33139 (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 to T6-8-O and future land use change to general commercial. 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? LI YES U 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 the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: nature Steven J. Wernick Print Name Sworn to and subscribed before me this dc."--4—ay , 20�' The foregoing instrument was acknowledged before me by roc who has produced as identification and/ rs personally known to me rnd who did/did not take an oath, r" STATE OF FLORIDA y CITY OF MIAMI DIANA PEREZ-CATA MY COMMI ,,�/`�,Y NOTARY PUBLIC Nat ty EXPIRES: L�.�r' GK STATE OF FLORIDA J)Iona Teen • G�^�a !' .t ', Comm# EE101480 Print Name Enclosure(s) EXpires 6/8/2015 Doc. No.:86543 Page 2 Return lc): (enclose salf•addresaed eternised envelope) Name: Manuel Diner, P.A. Address: /736 NW 140 Street, Sub 300 MIAMI LAKES, Florida 33018 This Instrument Prepared by: Manuel Diner, Esq. Address; Manuel Diner, P.A. 7735 NW 140 Street, Suite 300 Miami Lakes, FI 33010 Properly Apart.lsera Parcel idenllacaaon (Folio) NOnt r(a): Grantee(s) S.S. No): Noma: G 40, LLC, 8 Florida limited (lability company Grantee(e) 5.5. N(a): Noma, 1111111 IIIII IIIII IIIII IIIII IIIII IIIII IUI IIII CFN 2OO4RO.788842 OR Bk 22642 Pa 2.239i (fps) RECORDED 09/09/2004 15:$9t29 DEED DOC TAX 6,600.00 SURTAX 4r950,00 HARVEY RUVIH, CLERK OF COURT MIAMI-DADE COUNTYr FLORIDA LAST PAGE SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE. FOR RECORDING DATA WARRANTY DEED (STATUTORY FORM • SECTION 689,02, F,S,) This Ipdeitture, made this , - day of Se tr44r' 2004 , Between Kryogenlgas, Inc., a Florida corporation of the County of Miami -Dada , State of Florida, grantor*, and O 40, LLC, a Florida limited liability company whose post office address is 804 Ocean Drive, 214 Floor, Miami Beach, Florida 33139ofthe County ofMlams•Dade, State of Florida , grantee*, Witnesseth that said grantor, for and in consideration ofthe sum of Ten Dollars, and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida, to -wit Lots 21 through 24, and Lots 25 and 26, less the East 5 feet thereof, of MARION PLACE, according to the Plat thereof, recorded in Plat Book 3, at Page 57, of the Public Records of Miami -Dade County, Florida. and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever, *"Grantor" and "grantee" are used for singular or plural, as context requires, In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed sealed and delivered in our presence: Wltnos SS1s,iature Prin,lrlA(,'p/�"'j�'//�A Witty ss0 paters nU YU20 Printed None STATE OF FLORIDA, COUNTY OF MIA.MI-DADE Kryogenl By:. ,1 , „ a Florida corporation abert Dean Leaman, President Aintcd Nona, Poet Q.c, Adth. eLs j. 331,17 VV"/ The foregoing instrument was acknowledgeokbeforc me this day of .JF t 004, by " "'" +"�'+, 1„„ect,Kq s/ , of K� pggnigtys, Inc„ a Florida corporation as /t.0 Sv1 who is personally kdbwn to me or who have produced Qr 61 iU-61,5 as identification and did take an oath.. L� cAnt�e My Commission Expires: Warr•16e8-D04 as o10:S Z acio E.A'811go Commission #DD171 19 Expiracndbnt12, 2U07 Atlantic ldonding Co., lea• O't'ARY PUBLIC: �rIGCJ0 State of Florida at Large (Ease Print Na Book22642/Page2239 CFN#20040788642 Page 1 of 1 PRE -APPLICATION REFERRAL I2h.0t3 Project Name Date 01-3125 031-0200 6-'o Ll-c Applicant Name Folio Number eVe�n •vs ho cc:kgA"natmi• cOArk 305-9 42•-5'519 Applicant Email Address 25700 NW 2K6 Avk-n v -; 2-3S I w 274, S+rQ t Project Street Address Applicant Phone Number TO BE COMPLETED BY THE OFFICE OF ZONING: ❑ One (1) 24"X36" or larger set of signed and sealed plans L' Survey within one year with Building Baseline established by Public Works -r c2sa4,4D_9 02 evir, % 67'DJ Transect ne Type of Permit Requested - Code S ection /Z2y s7- 7 4,'-eti ibi't 'o A et are ./llJ Pvrxi/ad iv '7- `6)(J n ' .1' ' /LI,'R.ts acle eVorioila.'iis, 7 - a x,t it J Cale .tnty a d re d � c /Pin ,qbr-,.7 'ill l,�vn ► li-e S fri`c C•nr. :Q,t Ua h- "IncludytriNeti'• ., en a / 4f, , earl./`Mich 4ppA4,V_ I Z.-err ey 4 /•dais V e I LGWRQ74P Summary of Req est CITY OF MIAMI OFFICE OF ZONING Ph: 305-416-1499 444 SW 2 d Ave 4r)1 Floor Miami, I'], 33130 www.miamigov,com/xoning axs NW 27TH TERRACE BN� VACANT LOT in' SIRS t ---•—�2'—Mfl— PAV �aL T NOTES. POSITIONAL ACORNS, LT FESS TIES MAW. SSA, WIT SE ALTER. OR REIRAMORED VITNOUT OUR VPITTEN aTm AYVENIMSTETJETOTEr X n ttuwArrs me ABOVE BEsw= sss N 90'00'00` E 2. ZONED © 0R. AT SVINS ELns.92 NW 27TH STREET > — — NW 27TH TEAR 16 17 20 NW 2JTH ST LOCATION SKETCH SCALE=N.T.S. SERAPES SCALE CONTINENTAL LAND SURVEYORS INC 1700 SY 57TH AVE, SUITE 201 MIAMI, FLORIDA 33155 TELEPHONES 30,262-1.5 N 65'MN. R. Z LEGAL DESCRIPTION LOTS 21, 22, 23, 24, 25, AND 26 LESS THE EAST 5 FEET OF LOTS 25 A. 26 SUB➢IVISIUN MARION PLACE ACCORD,. TO THE PLAT THEREOF AS RECORD. IN , - ._AT PAGE OF THE PUBLIC RECORDS OF MIAMI-➢ADE COUNTY,FLORIDA, FOR GOLDMAN PROPERTIES ranEx nc 7-10-32 6-13-29 A REVISES FIELD RORK DATE. 6-1A-13