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HomeMy WebLinkAboutCC Reso 98-450-8/9-yoz&- `ppf(4/ J-98-280 4/20/98 RESOLUTION N0.L!`� A RESOLUTION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE BAYSHORE PALMS PROJECT, TO BE LOCATED AT APPROXIMATELY 1201 BRICKELL BAY DRIVE (F/K/A SOUTH BAYSHORE DRIVE), MIAMI, FLORIDA; TO BE COMPRISED OF NOT MORE THAN 749 UNITS, ACCESSORY AND COMMERCIAL SPACE AND 1,254 PARKING SPACES (INCLUDING VALET SPACES); DIRECTING TRANSMITTAL OF THE HEREIN RESOLUTION; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. /i,i3/923 WHEREAS, on November 7, 1997, the applicant, Judith A. Burke, for Multiplan USA Corp., a Florida Corporation, submitted a complete Application for Major Use Special Permit for the Bayshore Palms Project pursuant to Articles 5, 13 and 17 of Zoning Ordinance -No. 11000, for the property located at. approximately 1201 Brickell Bay Drive (f/k/a South Bayshore Drive), Miami, Florida, as legally described on "Exhibit B", attached hereto and in "Exhibit A", the Development Order attached -hereto; and WHEREAS, development of the Bayshore Palms Project requires the issuance of a Major Use Special Permit pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended; and ATTACHMENT CS) CONTAIMED CITY COMMISSION MEETING OF APR 28 1998 Rovalutioa No. 98- 450 WHEREAS, the Large Scale Development Committee met on July 25, 1997 to consider the proposed project and, offer its input; and WHEREAS, the APPLICANT has modified the proposed project to address the expressed technical concerns raised at said Large Scale Development Committee meeting; and WHEREAS, the Urban Development Review Board ("UDRB") met on November 13, 1997 -to consider the proposed project and recommended approval of the project, with conditions as specified on the attached Development Order herein; and WHEREAS, the Miami Zoning Board., at its meeting held ea January 12, 1998, Item No. 12, following an advertised public hearing, adopted Resolution No. ZB 1998-0010 by a vote of seven to zero (7-0), RECOMMENDING APPROVAL of the Special Exception component of the Major Use Special Permit Development Order as attached hereto; and WHEREAS, the Miami planning Advisory Board, at its meeting held on February 18, 1998, Item No. 1, following an advertised public hearing, adopted Resolution No. PAB 14-98 by a vote of six to zero (6-0), RECOMMENDING APPROVAL of the Major Use Special Permit Development Order as attached hereto; and WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare of the City of Miami to issue a Major Use Special Permit Development Order as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: - 2 - Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. A Major Use Special. Permit Development Order, attached hereto as Exhibit "A" and made a part hereof, is hereby approved subject to the conditions specified in said Development Order, per Article 17 of zoning Ordinance No. 11000, for the Bayshore Palms Project (hereinafter referred to as the "PROJECT") to be developed by Multiplan USA Corp., ("APPLICANT"), at approximately 1201 Brickell Bay Drive (f/k/a South Bayshore Drive), Miami, Florida, more particularly described on "Exhibit B", attached hereto and made a part hereof. Section 3. The PROJECT is hereby approved for the construction of up to seven hundred forty nine (749) residential units, accessory commercial and recreational space and one thousand two hundred and fifty-four (1,254) parking spaces (including valet spaces). Section 4. The Major Use Special Permit Application for the Bayshore Palms Project also encompasses the lower ranking -Special Permits as set forth in the Development Order, attached hereto as Exhibit "A" and incorporated herein. Section 5. ' The findings of fact set forth below are hereby made with respect to the subject PROJECT: a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan 1989-2000, as amended. 3 98- 450 b. The PROJECT is in accord with the SD-5 Zoning classification of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended. c. Pursuant to Section 1305 of the Zoning Ordinance of the City of Miami, Florida, the specific site plan aspects of the PROJECT, i.e., ingress and egress, parking, signs and lighting, utilities, drainage, preservation of natural features and control of potentially adverse effects generally, have been considered and will be further considered administratively during the process of issuing a building permit and a certificate of occupancy. d. The PROJECT is expected to cost approximately $246 million (with an additional approximately $158 million in construction period economic benefits), and to employ approximately 325 workers during construction (FTE); the PROJECT will also result in the creation of approximately 105 permanent new jobs. The PROJECT will generate approximately $9.5 million annually in tax revenues to local units' of government (1997 dollars) . e. The City Commission further finds that: (1) the PROJECT will have a favorable impact on the economy of the City; E - 4 - (2) the PROJECT will efficiently use public transportation facilities; (3) any potentially adverse effects of the PROJECT will be mitigated through compliance with the conditions of this Major Use Special Permit; (4) the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; (5) the PROJECT will efficiently use necessary public facilities; (6) the PROJECT will not negatively impact the environment and natural resources of the City; (7) the PROJECT will not adversely affect living conditions in the neighborhood; (8) the PROJECT will not adversely affect public safety; (9) based on the record presented and evidence presented, the public welfare will be served by the PROJECT; and (10) any potentially adverse effects of the PROJECT arising from safety and security, fire protection and life safety, solid waste, heritage conservation, trees, shoreline development, minority participation and 0 - 5 - employment, and minority contractor/subcontractor participation will be mitigated through compliance with the conditions of this Major Use Special Permit. Section 7. The Major Use Special Permit, as approved and amended, shall be binding upon the APPLICANTS and any successors in interest. Section 8. The application for Major Use Special Permit, which was submitted on November 7, 1997, and on file with the Department -of Planning and Development of the City Of Miami, Florida, shall be relied upon generally for administrative interpretations and is made a part hereof by reference. Section 9. This Major Use Special Permit will expire two (2) years from its effective date which is thirty (30) days after the adoption of the herein Resolution. Section 10. The City Manager is hereby directed to instruct the Director of the Department of Planning and Development to transmit a copy of this Resolution and attachment to the developers: Multiplan USA Corp., 2 South Biscayne Boulevard, Suite 1800, Miami, Fl. 33131. Section 11. The Findings of Fact and Conclusions of Law are made with respect to the Project as described in the Development Order for the Bayshore Palms Project, which is attached hereto as Exhibit "A" and made a part hereof by reference thereto. - 6 Section 12. The Major Use Special Permit Development Order for the Bayshore Palms Project (Exhibit "A") is hereby granted and issued. Section 13. In the event that any portion or section of this Resolution or the Development Order (Exhibit "A") is determined to be invalid,' illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or Development Order (Exhibit "A") which shall remain in full force - and effect, Section 14. This Resolution shall become effective thirty (30) days after its adoption. PASSED AND ADOPTED this 28th day of April 1998. ATTEST: JOE CAROLLO, MAYOR in accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated place provided, said legislation now becomes effective with the elapse of ten (10) days fr m the date of Cornet ion action regarding same, without the Mayor exert' Walt 'm' 1. City Clerk WALTER J. FOEMAN, CITY CLERK PREPARED AND APPROVED BY: GEORGIIJK. WYSON, I$Z ASSISTANT CITY ATTORNEY W2349 APPROVED A CORRE ORNEY LLO EXHIBIT "A" ATTACHMENT TO RESOLUTION NO. DATE: BAYSHORE PALMS PROJECT MAJOR USE SPECIAL PERMIT DEVELOPMENT ORDER Let it be known that pursuant to Articles 5, 13 and 17 of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended, the Commission of the City of Miami, Florida, has considered in a public hearing, the issuance ,of a Major Use Special Permit for the Bayshore Palms Projeft (hereinafter referred to as the "PROJECT") to be located at approximately 1201 Brickell Bay Drive •(f/k/a South Bayshore Drive), Miami, Florida; see legal description on "Exhibit B", attached hereto and made a part hereof; said legal description is subject to any dedications, limitations, restrictions, reservations or easements of record. After due consideration of the recommendations of the Zoning Board and Planning Advisory Board and after due consideration of the consistency of this proposed development with the Miami Comprehensive Neighborhood Plan, the City Commission has approved the PROJECT, and subject to the following conditions approves the Major Use Special Permit and hereby issues this Permit: VINOTNGS OF FACT PROJECT DESCRIPTION: The proposed Bayshore Palms Project is a residential development located at approximately 1201 Brickell Bay Drive (f/k/a South Bayshore Drive) , Miami, Florida; ("PROJECT") . The PROJECT is located on a gross lot area of approximately 328,321 square feet (7.54 acres) and a net lot area of approximately 220,849 square feet (5.07 acres) of land (more specifically described on "Exhibit B", incorporated herein by reference).. The remainder of the PROJECT's VITAL DATA is attached hereto 4p,s "EXHIBIT C", and incorporated herein by reference. The proposed PROJECT will consist of no more than seven hundred forty-nine (749) residential units in two sixty-seven (67) story towers with approximately 9,500 sq. ft. of retail space and 7,455 sq. ft. of restaurant space;• the PROJECT also includes a recreation deck with an Olympic lap pool, an "infinity edge" swimming pool, a wading pool, spa, and racquetball and squash courts; the PROJECT also includes a fitness center, a Wellness Center containing meditation and massage areas and a community room. The PROJECT will also provide a total of one thousand two hundred and fifty-four (1,254) parking spaces (including valet spaces). The ownership, operation and maintenance of common areas and facilities will be by a mandatory property owner association in perpetuity pursuant to a recorded Declaration of Covenants and Restrictions. -2- 98- 450 The Major Use Special Permit Application for the Bayshore Palms Project also encompasses the following lower ,ranking Special Permits: CLASS I SPECIAL PERMIT as per Article 9, for a Federal Aviation Authority Clearance letter; CLASS I SPECIAL PERMIT as per Article 9, Section 906.6 for a swimming pool and outdoor recreational area; CLASS I SPECIAL PERMIT as per Article 9, Section 917.1.2 for valet service; CLASS II SPECIAL PERMIT as per Article 9, Section 923.2 for reducing loading berth dimensions from 12x35 to 10x35; CLASS II SPECIAL PERMIT as per Article 6, Section 605.3 for development within the SD-5 District; CLASS II SPECIAL PERMIT as per Article 9, Section 908.2 for access from a public street with widths greater than 25 feet. • CLASS II SPECIAL PERMIT as per Article 15, Section 1511 for development between Biscayne Bay and the first dedicated public right-of-way; CLASS II SPECIAL PERMIT as per Article 6, Section 605.5(2), for outdoor service of food/drink/shelter; CLASS II SPECIAL PERMIT as per Article 6, Section 605.4.4 for relocation of the required retail/services along pedestrian pathways to elsewhere within the structure; CLASS II SPECIAL PERMIT as per Parking Guides and Standards to reduce parking stall width when adjacent to a wall or column; CLASS II SPECIAL PERMIT as per Article 6, Section 605.8.3 to ,allow an urban plaza along S.E. l2th Street. I Pursuant to Articles 13 and 17 of Zoning Ordinance 11000, approval of the requested Major Use Special Permit shall be considered sufficient for the subordinate permits and requested referenced above. -- 3 - 98-40 The PROJECT shall be constructed substantially in accordance with plans and design schematics on file prepared by Luis Revuelta, P.A., dated November 1997; the landscape plan shall be implemented substantially in accordance with plans and design schematics on file prepared by Bradshaw Gill & Associates, dated November, 1997; said design and landscape plans may be permitted to be modified only to the extent necessary to comply with the conditions for approval imposed herein; all modifications shall be subject- to the review and approval of the Director of, the Department of Planning and Development prior to the issuance Rf any building permits. The PROJECT conforms to the requirements of the SD-5 Zoning District, as contained in Ordinance No. 11000, the Zoning Ordinance of the City of Miami., Florida, as amended. The existing comprehensive plan future land use designation allows the proposed mix of commercial and residential uses. CONnITIONS THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY WITH THE FOLLOWING: 1. Meet all applicable building codes, land development regulations, ordinances and other laws. 2. Provide a list of agencies from which approvals and/or permits must be obtained prior to initiation of development and the permit or approval required of each. 3. Allow the Miami Police Department to conduct a security survey, at the option of the Department, and to make recommendations concerning security measures and systems; further submit a report to the Department of Planning and Development, prior to commencement of Construction, demonstrating how the Police Department recommendations, if any, have been incorporated iripo. the PROJECT. security and construction plans, or demonstrate to the Planning, Director why such recommendations are impractical. 4. Provide a letter from the Department of Fire -Rescue indicating APPLICANT'S coordination with members of the Fire Plan Review Section at the Department of Fire - Rescue in the review of the scope of the PROJECT, owner responsibility, building development processand review procedures, as well as specific requirements for .fire protection and life safety systems, exiting, vehicular access and water supply. 5. Provide a letter of assurance from the Solid Waste Department that the PROJECT has addressed all concerns of the said Department. 6. Prepare a Minority Participation and Employment Plan to be submitted to the City's Director of Minority and Women Business Affairs for review and comments, with the understanding that the City's Minority/Women Business Affairs and Procurement Ordinance No. 10538 is a guide that the APPLICANT must use its best efforts to follow. 7. Prepare a Minority Contractor/Subcontractor Participation Plan to the City's Director of Minority and Women Business Affairs for review and comment, with the understanding that the City's Minority/Women Business Affairs and Procurement Ordinance No. 10538 is a guide that the APPLICANT must use its best efforts ipo follow. 8. Record in the Public Records of Dade County, Florida, a Declaration of Covenants and Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner or a mandatory property owner association in perpetuity. 9. Record a certified copy of the development order with the Clerk of the Dade County Circuit Court specifying that the Development Order runs with the land and is binding on the APPLICANT, its successors, and assigns, jointly or severally. 10. Demonstrate to the City that the PROJECT has either: 1) completed its condominium requirements and has been approved for such by the State of Florida; or 2) provide the City with an executed, recordable unity of -- 6 4 52 title or covenant in -lieu of unity of title agreement for the subject property; said agreement shall be subject to the review and approval of the City Attorney's Office. 11. Provide the Public Works Department of the City of Miami with plans for proposed sidewalk and swale area improvements, (including the construction of a proposed cul-de-sac turnaround at the easterly end of S.E. 12th Street) for their review and approval prior to the issuance of a building permit. 12. Pursuant to the recommendations of the Url n Development Review Board ("UDRB"), provide the Department of Planning and Development with: a) a modified landscape plan as specified in the minutes from the UDRB meeting of November 13, 1997; b) a modified elevation which revises building treatment for the garage ramps on both buildings, along with a new buffering strategy to include landscape and built elements in an attempt to soften the ramps' effect on the breezeway between both buildings; c) an "interim improvements" proposal for that portion of the site which will not be developed as part of the first phase; and d) a reconfiguration of the recreation decks on the 10th levels so as to appropriately address their role as the main amenity complex for the relatively large community of building residents. Said modified plans shall be submitted for review and approval by the -7- Afl Department of Planning and Development prior to the issuance of a building permit. 13. Provide the Department of Planning and Development with a temporary parking plan which .addresses construction employee parking and temporary parking arrangements for the existing building during the construction period; said plan shall be subject to the review and approval by the Department of Planning and Development prior to the issuance of any building permits. 14. Pursuant to the Zoning Division, a building permit for the proposed project shall also be subject to tie following: a) obtaining the. required FAA approval letter for -height of towers; and b) obtaining a letter from the Department of Planning and Development qualifying the project as a "Phased Project" pursuant to Zoning_ Ordinance No. 11000. THE CITY SHALL: Subject to payment of all applicable fees due, establish the effective date of this Permit as being thirty (30) days from the date of its issuance with the issuance date constituting the commencement of the thirty (30) day period to appeal from the provisions of the Permit. - 8 - 98- 459 CONCLUSIONS OF LAW The Bayshore Palms Project, proposed by the applicant, Multiplan USA Corp., ("APPLICANT"), complies with the Miami Comprehensive Neighborhood Plan 1989-2000, is consistent with the orderly development and goals of the City of Miami, and complies with local land development regulations and further, pursuant to Section 1703 of zoning Ordinance No. 11000: (1) the PROJECT will have a favorable impact on the economy Of the City; and (2) the PROJECT will efficiently use public transportatn facilities; and (3) the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; and (4) the PROJECT will efficiently use necessary public facilities; and (5) the PROJECT will not negatively impact the environment and natural resources of the City; and (6) the PROJECT will not adversely affect public safety; and (7) the public welfare will be served by the PROJECT; and (8) any potentially adverse effects of the PROJECT will be mitigated through conditions of this Major Use Special Permit. - 9 - 98- 450 The proposed development does not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the City of Miami. Pursuant to Section 1305 of Zoning Ordinance No. 11000, the specific site plan aspects of the PROJECT i.e., ingress and egress, offstreet parking and loading, refuse and service areas, signs and lighting, utilities, drainage and control of potentially adverse effects generally have been considered and will be further considered administratively during the process of issuing individual building permits and certificates, of occupancy. 0 -10-- 9R- 4P11 EXHIBIT "A" LEGAL Portions of Lots 1, 2, 3, 4,, 5, 6 Block 1 and the 10 foot vide PRIVATE LANE lying South of said Lot 6, "AMENDED PLAT OF -HIBISCUS ?LACE"., according to the plat thereof as recorded in Plat Book 3 st Page 110; Portions of Lot B and the 4 foot vide walkway lying South of said Lot B, "AMENDED PLAT.OF MIRADO COURT", according to the plat thereof as recorded in Plat look 14 at Page 44; Portion of Jiot 9, "}i1CHi.EY2dAN'S SUBDIVISION", according co the plat thereof as recorded in Plat Book 1 at Page 184, all of the Public Records of Dade County, Florida AND submerged land and land (formerly submerged, now filled) lying Easterly of the above mentioned subdivisions. All of the above being core particularly described as follows: Commence at the Monument Line intersection of South Bayshore Drive and S. E. 12th Street as shown on Sheet No.37—AE of the municipal Atlas of the City of Miami (last revised June 8th, 1979); thence South 76 degrees 37 minutes 50 seconds Eaat_, along the MonumentLintof said S. E. 12th Street, for 65.01 feet; thence South 13 degrees 22 minutes 10 seconds Vest, at right angles to the last and next described courses for 31.00 feet to the Point of Beginning of the following described parcel; thence South 76 degree 37 minutes 54. seconds East, along the North line of the aforementioned Lot 1, Block 1 and its Easterly prolongation, for 288.42 feet to a point on the Metropolitan Dade County, Florida Bulkhead Line (U.S. Harbor Line) as shown on chat certain plat as recorded in Plat Book 74 at Page 3 (sheet 3) of the Public Records of Dade County, Florida; thence South 5 degrees 37 minutes 20 seconds vest, for 203.22 feet; thence South 2 degrees 35 minutes 13,5 seconds Vest for 456.59 feet (last mentioned two courses being coincident with the aforementioned Dade County Bulkhead Line); thence North 76 degrees 39 minutes 05 seconds west, along the Easterly prolongation of the South line of the aforementioned Lnt 9, for 156.46 feet to a Point on a Curve (said point bears North 55 degrees 29 minutes 09 seconds East from the radius point of the following described curve); thence Northwesterly, along a circular curve to the left, having a radius of 741.50 feet and a central angle of 1 degree 09 minutes 53 seconds for an arc distance of 15.07 feet; thence North 76 degrees 39 minutes 05 seconds vest, along a line parallel with and 10.00 feet Forth of, as measured at right angles to, the South line of said Lot 9, for 183.26 feet to a Paint of Curvature; thence Northwesterly, Northerly and Northeasterly, along a circular curve to the right, having a radius of 25.00 feet and a central angle of 90 degrees 00 minutes 00 seconds for an arc distance of 39.27 feet to a Point of Tangency; thence North 13 degrees 20 minutes 55 seconds East, for 115.00 feet to a Point of Curvature; thence Northeasterly, Northerly And Northwesterly, along a circular curve to the left, having a radius of 458,43 feet and a central angle of 21 degrees 34 minutes 08 seconds for an arc distance of 172.58 feet to a Point of Reverse Curvature; thence Northwesterly, and Northerly, along a circular curve to the right, having a radius of 398.43 feet and a central angle of 4 degrees 47 minutes 04 seconds for an arc diatanci of 33.27 feet to a point on said curve (said point bears South SG degrees .33 minutes 5i seconds west, from the radius point of the last described curve); thence North 6 degrees 02 minutes 04 seconds East, for 10.08 feet; thence North 6 degrees 08 minutes 30 seconds East, for 45.36 feet; thence North 13 degrees 20 minutes 55 seconds East ,for 220.10 feet to a Point of Curvature (last mentioned six courses being coincident with the Easterly Right -of —Way Line of the aforementioned South Bayshore Drive, as shown an said Municipal Atlas Sheet of the City of Miami).; thence Northeasterly, Easterly and Southeasterly, along a circular curve to the right, having s .radius of 25.00 feet and a central angle of 90 degrees 01 minutes 1S seconds for an arc dietanee of 39.28 feet to the Point of 8eginniog. Alt lying and being -in Section 39, Township 54 South. lunge 41 Esse. City of Blasi, bade County, Florida. EXHIBIT "C" PROJECT DATA SHEET FOR BAYSHORE PALMS Location Brickell Bay Drive, between S.E. 12th and 14th Street, Miami, Dade County, Florida Zoning Classification City of Miami Zoning SD-5 (Mixed use development) Lot Area Net Lot Area 220,849 s.f.(5.07 acres) Additional Area for F.A.R. Brickell Bay Drive 28,547 s.f. S.E. 12th Street 7,966 s.f. Biscayne Bay 62,988 s.f. S.E. 14th Street 7,971 s.f. Total 107,472 s.f. Total Gross Site Area 328,321 s.f.(7.54 acres) Flood Zone VE (EL15) Firm Map No. 12025C0191J Community No. 120250191 J F.A.R. Allowed 4.25 (w/o bonus) Provided 4.41 (including bonus) Allowable FIoor Area (F.A.R.I Mixed Use - 4.25 1,395,364 s.f" Retail, Restaurant Allowable increase in floor area -Retail, restaurant bonus (Sec. 605.7.2(b)) for every (1) one square foot of floor area the total allowable floor area shall be increased by (3) three square feet. Retail 9,500 s.f. x 3 = 28,500 s.f. Restaurant 7.455 s.f. x 3 = 22,332 s.f. Total F.A.R. Bonus_ 50,832 s.f. Total Floor Area Allowed with/Bonuses 1,446,196 s.f. Net Floor Area Provided Proposed Areas: Pedestal North Tower South Tower Ground Level - 145 s.f. 145 s.f. Mezzanine Level - 6,949 s.f, 10,824 s.f, Second Level - 10,238 s.f. 11,802 s.f. Third Level - 12,728 s.f. 12,049 s.f. Fourth Level - 9,053 s.f. 7,068 s.f. Fifth Level - 11,119 s.f. 10,526 s.f. Sixth Level - 11,119 s.f. 10,526 s.f. Seventh Level - 11,119 s.f. 10,526 s.f. Eighth Level - 11,119 s.f. 10,526 s.f. Ninth Level - 4,903 s.f. 5,091 s.f. Total Net Pedestal 88,492 s.f 89,083 s.f. Total Net Both Pedestals 177,572 s.f. Tower: North Tower Bay Units - 47 Levels x 11,604 s.f. Each Level 545,388 s.f. Suite Units - 6 Levels x 10,178 s.f. Each Level 61,068 s.f. Penthouse Units - 3 Levels x 9,190 s.f. Each Level 27.570 s.f. Total Levels 56 Total Net Tower: 634,026 s.f. Total Net Both Towers Total F.A.R. Provided Open Space _ Required (15% of Gross Lot Area) Provided ( % of Gross Lot Area) Lot Coverate Provided South Tower 545,388 s.f. 61,068 s.f. 27.570 s.f. 634,026 s.f. 1,268,052 s.f. 1,445,627 s.f. 49,052.25 s.f. 85% 279,072 s.f. 124,480 s.f. 56% of Net Site Area 38% of Gross Site Area Height Required No Height Limitations Provided 749'-0" to Roof 784' to Decorative Element SetBacks Brickell Bay Drive (West) Required 20'-0" Provided 20'-0„ Biscayne Bay (East) Required: First (35) Thirty -Five of Height = 25'-0" Setback increased by 50% of the additional height over (35) Thirty -Five feet Height to Eighth floor - 92'-4" M.S.L. 92'-4" - 35'-0" (Height) = 57'-4" (Additional Height) 57'-4" x 50% = 28'-8„ 28-8" + 25 (Required Min. Setback) = 53'-8" Provided: 54'-0" 0 C-3 qR 4M) S.E, 12th Street (North) Required 20'-0" Provided 25'-0" (Pedestrian Urban Plaza) S.E. 14th Street (South) (Class Il Permit) Required 20'-0" Provided 20'-0" OffStreet Parking 749 units ....(Min. = 1/Unit Max = 2fUnit) 749 (Min. lfUnit Max.2/Unit) Retail 1/1000.s.f 5 (Each Tower) Restaurant Max 1/100 40 North Tower Number of Parking Spaces Required 749 (Minimum) Number of Parking Spaces Provided 1180 (North = 580 South = 600) Handicap Spaces Required 24 (12 per Tower) Handicap Spaces Provided 24 (12 per Tower) Parking Ratio 1.5 Spaces/Unit OffStreet Loading Loading Berths Required...(per Tower) (4) 12x35 & (2) 12x55 Loading Berths Provided (5) 12x35 & (1) 12x55 (Class I1 Permit)