Loading...
HomeMy WebLinkAboutApplication & Supp DocsPLANNING AND ZONING DEPARTMENT HEARING BOARDS DIVISION 444 SW 2nd Avenue, 7Fh Floor • Miami, Florida 33130 Telephone 305-416-1480 • Fax 305-416-2035 APPLICATION FOR MAJOR USE SPECIAL PERMIT IT IS INTENDED THAT MAJOR USE SPECIAL PERMITS BE REQUIRED WHERE SPECIFIED USES AND/OR OCCUPANCIES INVOLVE MATTEF DEEMED TO BE OF CITYWIDE OR AREA -WIDE IMPORTANCE. THE CITY COMMISSION SHALL BE SOLELY RESPONSIBLE FOR DETERMINATIONS ON APPLICATIONS FOR MAJOR USE SPECIAL PERMIT (SEE ARTICLE 17 OF ORDINANCE 11000. AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA.) THE DIRECTOR OF THE DEPARTMENT OF PLANNING AND ZONING SHALL MAKE RECOMMENDATIONS ON ALL APPLICATIONS FOR MAJC USE SPECIAL PERMITS AND FOR ANY AMENDMENTS THERETO AND SHALL TRANSMIT SAID APPLICATIONS AND RECOMMENDATIONS T THE PLANNING ADVISORY BOARD FOR ITS RECOMMENDATIONS AND MAY MAKE REFERRALS TO OTHER AGENCIES, BODIES, OR OFFICEF FOR REVIEW, ANALYSIS, AND/OR TECHNICAL FINDINGS AND DETERMINATIONS AND REPORTS THEREON. (SEE SECTION 1301,4 C ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA.) ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND TF CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 35( PAN AMERICAN DRIVE. MIAMI, FLORIDA, 33133. APPLICANTS ARE RESPONSIBLE. IF NEEDED, TO BRING AN INTERPRETER FOR THE ENGLISH LANGUAGE TO ANY PRESENTATION BEFOF CITY BOARDS, COMMITTEES AND THE CITY COMMISSION. POWER OF ATTORNEY WILL BE REQUIRED IF NEITHER APPLICANT OR LEG/ COUNSEL REPRESENTING THE APPLICANT EXECUTE THE APPLICATION OR DESIRE TO MAKE A PRESENTATION BEFORE CITY BOARD COMMITTEES AND THE CITY COMMISSION. I, Tibor Hallo , hereby apply to the Director of the Planning and Zoning Department of the City of Miami for approval of a Major Use Special Permit under the provisions of Article 17 of the City of Miami Zoning Ordinance. Property Address: 1201 Brickell Bay Drive, Miami, Florida 33131 Nature of proposed use (be specific): Modification of MUSP approved for Bayshore Palms, A Residential project with ancillary retail and commercial. 1. Two 11x17" original surveys and one 24x36" original survey, prepared by a State of Florida Registered Land Surveyor within one year from the date of application. 2. Two 11x17" original plans and one 24x36" original plan, signed and sealed by a State of Florida Registered Architect or Engineer showing property boundaries, existing (if any) and proposed structure(s), parking, landscaping, etc.; building elevations and dimensions and computations of lot area and building spacing. 3. Plans need to be stamped by the Hearing Boards Division first and then signed by Public Works, Zoning and Planning prior to submission of application. 4. Affidavit and disclosure of ownership of subject property and disclosure of interest (see attached forms). 5. Certified list of owners of real estate within a 500-feet radius from the outside boundary of property (see pages 5 and 6). Rev. 12/06/01 • 6. At least two photographs that show the entire property (land and improvements). 7. Maps showing the existing zoning designation and the adopted comprehensive plan designation for areas on and around the property. 8. General location map showing relation to the site or activity to major streets, schools, existing utilities, shopping areas, important physical features in and adjoining the project, and the like. 9. Concept Plan: a) Site plan and relevant information per Section 1304.2.1 d-h in Zoning Ordinance 11000, as amended. b) Relationships to surrounding existing and proposed uses and activities, systems and facilities, per Section 1702.2.2a in Zoning Ordinance 11000, as amended. c) How concept affects existing zoning and adopted comprehensive plan principles and designations; tabulation of any required variances, special permits, changes of zoning or exemptions, per Section 1702.2.2b in Zoning Ordinance 11000, as amended. 10. Developmental Impact Study (an application for development approval for a Development of Regional Impact may substitute). 11. Other (specify and attach cover letter explaining why any document you are attaching is pertinent to this application). 12. An 8 1/2 x 11" copy of all exhibits that will be presented at the hearing. 13. Twenty-five (25) `Major Use Special Permit" books containing the above information. If this project requires Zoning Board approval, a total of thirty-five (35) books will be required. 14. Cost of processing according to the City Code: a) $ '501 j1-7 k 3 % for the Major Use Special Permit A �- lfd" 4G a6 b) Additional fee of $ 0 , for any required special permits, changes of zoning or variances. c) Total Fee: $ -3C)! I 2:). 37 17. What is the purpose of this Major Use Special Permit? A residential high -.rise with accessory retail use. The application is a modification of the approved Bayshore: Palms MUSP. Signature Tibor Hollo, Member, Excel.com LLC as General Partner of TWJ, Ltd. A Florida Limited Partnership c/o Vicky Garcia -Toledo, Esq. Address Bilzin Sumberq Dunn et. al. 200 So. Biscayne Blvd, Ste. 2500 Miami, FL 33131 Telephone 305 374-2409 Date:. Rev. 12/06/01 2 • • • STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 2003, by . who is an individual personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of by a corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification and who did (did not) take an oath. (Stamp) Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this i day of 200 i by Tibor Hollo, Member, Excel.com LLC, as General Partner, on behalf of TWJ, Ltd., a Florida limited partnership. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Starrip. OWNER'S LIST Owner's Name TWJ, Ltd, A Florida Limited Partnership, c/o Vicky Garcia -Toledo Mailing Address : 200 So. Biscayne Blvd., Ste.2500, Miami, FI. Zip Code 33131 Telephone Number (305) 350-2409 Rev 12/06/01 Legal Description: Tract B BAYSHORE PALMS REPLAT. according to the plat thereof, as recorded in Plat Book 155, Page 100 of the Public Records of Miami -Dade County, Florida Owner's Name Mailing Address Zip Code Telephone Number Legal Description: Owner's Name Mailing Address Zip Code Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 500 feet of the subject site is listed as follows: Street Address Legal Description 1201 Brickell Avenue See Attached "Exhibit A" 1200 Brickell Bay Drive See Attached "Exhibit B" FINAL APPROVAL OF THIS APPLICATION FOR MAJOR USE SPECIAL PERMIT SHALL CONSIST OF AN EXECUTED RESOLUTION BY THE MIA CITY COMMISSION AND A DEVELOPMENT ORDER ATTACHED THERETO WHICH SPECIFIES THE CONDITIONS UNDER WHICH THIS MAJOR U: SPECIAL PERMIT APPLICATION IS APPROVED; IF APPROVED BY THE CITY COMMISSION, SAID RESOLUTION AND DEVELOPMENT ORDE SHALL, UPON EXECUTION THEREOF, BE TRANSMITTED TO THE OWNER OR AUTHORIZED AGENT AT THE ADDRESS SPECIFIED ABOVE. • Rev. 12/06/01 4 • • • AFFIDAVIT Before me, the undersigned authority, this day personally appeared Tibor Iloilo. Member. Excel.com LLC., as General Partner of TW_I, Ltd./Applicant, who being by me first deposes and says: 1. That he/she is the owner_ or the legal representative of the owner, submitting the accompanying application for a public hearing as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the foregoing pages of this affidavit and made a part thereof. 2. That all owners which he/she .represents, if any, have given their full and complete permission for him/her to act in his/her behalf for VILLA MAGNA MUSP (modification of Bayshore Palms M.USP) set out in the accompanying petition, including responding to day to day staff inquires; not including responding to day to day staff inquiries in which case he/she should be contacted at 305- 358-7710. 3. That the foregoing pages are made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative_ 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Tibor Hollo Owner/Applicant STATE OF FLORIDA COUNTY OF MIAM.I-DADI Owner/Applicant Signature Tibor Hollo, Mernber,Excel.com LL,C As General Partner of I'WJ,Ltd. The foregoing instrument was acknowledged before me this , a -day of:, roivvvIALv 200�-, by Tibor Hollo, Owner/Applicant. I.Le is personally known to me or has produced as idenfication and who did (did not) take an oath. (Stamp) 559914vI Notary j'ublic • • Note 1. Note 2. VILLA MAGNA ADDENDUM TO APPLICATION MAJOR USE SPECIAL PERMIT January 2004 Request for a Substantial Modification to a Previously Approved Major Use Special Permit (Bayshore Palms MUSP): a) Development of 1,208 dwelling units. b) Development of parking garage with 1,474 parking spaces. c) Increased development bonus by contribution to Affordable Housing Trust Fund. a) To apply for a Class 1 Permit for permanent recreation facilities. b) To apply for a Class I Permit for staging and parking during construction. c) To apply for a Class 1 Permit to allow development/construction/rental/ sales signage. d) To apply for a Class 1 Permit for a Federal Aviation Authority clearance letter. e) To apply for a Class I Permit to allow for a construction fence. f) To apply for a Class I Permit to allow for a construction trailer. g) To apply for a Class 1 Permit to allow for a sales/rental office. h) To apply for Class I Permit to allow valet parking at the project. Note 3. a) To apply for a Class II Special Permit to allow outdoor dining. b) To apply for a Class 11 Special Permit as per City of Miami's off-street parking guides and standards: to reduce parking stall width when adjacent to a wall or column. c) To apply for a Class 11 Special Permit for new construction under Code Section 601.3.1. • d) To apply for a Class II Special Permit for development within the SD-5 district. e) To apply for a Class II Special Permit of access from a public street with widths greater than 25 feet. f) To apply for a Class II Special Permit to allow an urban plaza along SE 12th Street. Note 4. Note 5. Note 6. g) To apply for a Class II Special Permit for a RetaiUUCommercial Tenant Design Booklet. To request a waiver from the City Commission as to the items listed below: a) To request a waiver from the noise ordinance during the required concrete pours for construction of the building. To request a Certificate of Appropriateness for ground disturbing activities. To apply for all lesser permits as may be required, to allow development and construction of this project as contemplated under this Major Use Special Permit Application as submitted and per plans on file subject to and including any changes or modifications as may be required as part of the Major Use Special Permit process. • • • DISCLOSURE OF OWNERSHIP Legal description and street address of subject real property: Tract B, BAYSHORE PALMS REPLAT, according to the plat thereof, as recorded in Plat Book 155, at Page 100 of the Public Records of Miami -Dade County, Florida. 2. Owner(s) of subject real property and percentage of ownership. Note: The Code of the City of Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or Any other interested parties, together with their addresses and proportionate interest. Tibor Hollo Wayne Hollo Tibor .Hollo, Member Excel.com LLC as General Partner Member Excel. Com as General Partner An Individual, as Limited Partner 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 500 feet of the subject real property. 1201 Brickell Avenue; and 1200 Brickell Bay Drive; portions of Mutual of Omaha Subdivision, Plat Book 84, Page 57. Full legal descriptions attached. Tibor Iloilo Owner/Applicant Owner/Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-.BADE The foregoing instrument was acknowledged before me this 4 day= of a�,, 200by Tibor Hollo, Owner/Applicant. He is personally known to me or has produced as identification and who did (did not) take an oath. (Stamp) 559914121 Notary Pudic EXHIBIT "A" LEGAL DESCRIPTION A PORTION OF TRACT 'A', MUTUAL OF OMAHA SUBD!WSION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 84, PAGE 57 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST NORTHERLY NORTHWEST CORNER OF SAID TRACT 'A'. THENCE RUN SOUTH 76 32'02" EAST, ALONG THE NORTHERLY BOUNDARY OF SAID TRACT A , FOR A DISTANCE OF 237.65 FEET; THENCE RUN SOUTH 13'21'59' WEST FOR A DISTANCE OF 125.98 FEET TO THE SOUTHERLY BOUNDARY OF SAID TRACT W. THENCE RUN NORTH 76"30'57' WEST; ALONG TIME SOUTHERLY BOUNDARY OF SAID TRACT 'A', FOR A DISTANCE OP 237.86 FEET TO A POINT OF CURVATURE; THENCE RUN NORTHERLY AND NORTHEASTERLY, ALONG BOUNDARY OF SAID TRACT 'A' AND ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 I-Cti THROUGH A CENTRAL ANGLE OF 89'58'02 . FOR AN ARC DISTANCE OF 39.26 FEET TO THE END OF SAID CURVE; THENCE RUN NORTH 1327'05" EAST, ALONG THE BOUNDARY OF SAID TRACT 'A', FOR A DISTANCE OF 75.91 FEET TO A POINT OF CURVATURE; THENCE RUN NORTHEASTERLY do EASTERLY, ALONG THE BOUNDARY OF SAID TRACT V4' AND ALONG THE ARC OF SAID CURVE TO THE RIGHT; HAVING A RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 90Y30'53", FOR AN ARC DISTANCE OF 39.28 FEET TO THE POINT OF BEGINNING BEARINGS SHOWN HEREON REFER TO AN ASSUMED NORTH 13'27'05* EAST; ALONG THE EASTERLY RIGHT OF WAY LINE OF BRICKELL AVENUE. SUBJECT TO EASEMENTS, RI:ST:.RVATION AND RESTRICTIONS OF RECORD WHICH MAY BE REFLECTED IN A SEARCH OF THE PUBLIC RECORDS. K: \39 11 41 \-k.L;SKI-GL:DWG SHEET 1 OF 2 S �� l2GiT I -- dlG CT GAL 21 , -.,ItlrosrYORS ENGINEERS ARClITECTS.;324000RPORATE WAY *IIRAMAR FL 33025 No.(305)652-7010 - 4- E.IOEtJS - BUSINESS #LB87 P vrr {�F Y 5UP:ERVISION S1 4',t'! !..AND 5U8VEY- PROFESSIONAL`,LANI3, SURVEYOR cr Tr,, OF F ORIDA 0,2408 EXHIBIT "B" LEGAL DESCRIPTION TRACT 'A', MUTUAL OF OMAHA SUBDIVISION, ACCORDING 70 THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 84. PAGE 57 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA LESS THE FOLLOWING DESCRIBED PARCEL' OF LAND: BEGIN AT THE MOST NORTHERLY NORTHWEST CORNER OF SAID TRACT A. THENCE RUN SOUTH 7632'02" EAST, ALONG THE NORTHERLY BOUNDARY OF SAID TRACT A. FOR A DISTANCE OF 237.65 FEET; THENCE RUN SOUTH 1321'59. WEST FOR A DISTANCE OF 125.98 FEET TO THE SOUTHERLY BOUNDARY OF SAID TRACT 'A; THENCE RUN NORTH 76`.30'57" WEST, ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT *A., FOR A DISTANCE OF 237.86 FEET TO A POINT OF CURVATURE; THENCE RUN NORTHERLY AND NORTHEASTERLY, ALONG BOUNDARY OF SAID TRACT A' AND ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING:A RADIUS OF' 25.00 FEET THROUGH A CENTRAL ANGLE OF 89 58'02", FOR AN . ARC DISTANCE OF .39.26 FEET TO THE END OF SAID CURVE; THENCE RUN NORTH 1327`05" EAST, ALONG THE BOUNDARY OF SAID TRACT A, FOR A DISTANCE OF 75.91 FEET TO A POINT OF CURVATURE; THENCE RUN NORTHEASTERLY it EASTERLY, ALONG THE BOUNDARY OF SAID TRACT 'A' AND ALONG THE ARC OF SAID CURVE 70 THE RIGHT, HAVING A RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 90'00'53 , FOR AN ARC DISTANCE OF 39.28 FEET TO THE POINT OF BEGINNING. BEARINGS SHOWN THEREON REFER TO AN ASSUMED NORTH 1327'05" EAST, ALONG THE EASTERLY RIGHT OF WAY LINE OF BRICKELL AVENUE. SUBJECT TO EASEMENTS, RESERVATION AND RESTRICTIONS OF RECORD WHICH MAY BE REFLECTED IN A SEARCH OF THE PUBLIC RECORDS. K: \395441 \FECSKLGL,DWG SHEET 1 OF 2 SHEETS irarz i E: � a Ai r-,/ates, .. ize. • LAND SURVEYORS ENGINEERS ARCHITECTS 3240 CORPORATE WAY MIRAMAR FL, 33025 Phone No.(305)652-7010 LICENSED BUSINESS #LB57 ORDER NO. 175841 DATE 05-16-97 SUPERVISION ROBERT F.JACKSON VICE—PRES. THIS • IS NOT A "LAND SURVEY" PROFESSIti)1AL LAND SURVEYOR NO.2406 STATE OF FLORIDA • • • WRITTEN CONSENT OF THE MEMBERS IN LIEU OF A SPECIAL MEETING OF THE MEMBERS OF EXCEL.COM, LLC The undersigned, being all of the members of Excel.com, LLC., a Florida limited liability company (the "Company"), hereby take and adopt the following actions by written consent in lieu of a special meeting: RESOLVED, that Tibor Hollo is hereby authorized and directed to execute, acknowledge and deliver, on behalf of the Company, any and all applications, agreements and covenants relating to the development of the real property located in Miami, Florida ("Property") and legally described as: Tract B, BAYSHORE PALMS REPLAT, according to the plat thereof, as recorded in Plat Book 155 at Page 100 of the Public Records of Miami -Dade County, Florida. including, but not limited to, Major Use Special Permit Applications, zoning applications, plat applications, building permit applications, declarations of restrictions and declarations of restrictions and covenants, unities of title and site plan applications. Dated: December' , 2003 Dated: December (g , 2003 Tibor Hollo, Member 44. e Hollo, Member • • al: ! 9318FT334 This Instrument Prepared by and after recording return to: Judith A. Burke, Esq. Shutts & Bowen LLP 1600 Miami Center 201. S. Biscayne Blvd. Miami, Florida 33131 00R4905s0 2000 OCT 12 15;02 DOCSTPDEE 93:000.00 SURTX 691750.00 HARVEY MIN, CLERK DARE COU TYY FL (For Recorder's Use Only) SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, dated as of October 1 C) , 2000, between BRICKELLINVEST JOINT VENTURE, a Florida general partnership with an address at One Biscayne Tower, Two South Biscayne Blvd., Miami, Florida 33131 ("Grantor") and TWJ, LTD., a Florida limited partnership, with an address at 266 N.E. 70th Street, Miami, FL 33138 ("Grantee"). Grantor, for and in consideration of the sum of $ 10.00 and other good and valuable consideration paid by Grantee, receipt ofwhich is acknowledged, grants, bargains, sells and conveys to Grantee the land situate, lying and being in Miami -Dade County, Florida, more particularly described on Exhibit "A" ("Property"). The Property Appraiser's Parcel Identification (Folio) Number for the Property is as follows: 01-4139-071-0010. TOGETHER WITH all easements, tenements and hereditaments appurtenant or belonging to the Property. TO HAVE AT D TO HOLD, the same in fee simple forever. SUBJECT TO: the matters listed on Exhibit "B" attached hereto and incorporated herein by this reference (the "Permitted Exceptions"); provided, however, that the reference to the Permitted Exceptions shall not be deemed to reimpose same. Grantor does hereby covenant with Grantee that, except as to the Permitted Exceptions, at the time of delivery of this deed, the Property was free from all encumbrances made by Grantor and that Grantor will warrant and defend the Property against the lawful claims and demands of all Persons claiming by, through or under Grantor, but no others. MIADOCS 370849.1 RXC AEG: E 93 1 En:35 • Grantor has executed this Deed as of the date indicated below. Signed, sealed and delivered in the presence of: Signature: Print Name: BRICKELLINVEST JOINT VENTURE, a Florida general partnership By: MARNORTE EQUITIES CORP., a Florida corporation, General Partner By: - • c h . Name: cVt►L,Jo 'yet Title: 5.ettey Signature t Print Name: —1 ucO i+k s 1 By: BRICKELL STAR EQUITIES CORPORATION, a Florida corporation, General Partner iSignature: � � By: K/77-- • Print Name: Signatuic Print Name: " j& t4 k /¢ - V MIADOCS 370849.1 RXC 2 Name: 4fQ,e Ckrl ,r, Title: LA [t Presalt..- • • • STATE OF FLORIDA COUNTY OF MIAMI-DADE PFC: I9318FCC333 ) SS: ) The foregoing instrument was acknowledged before me this it day of 4. e r , 2000, by -1, l ex ( , r its , as V ic,Q '-"Oces'ic4.pn k of BRICKELL STAR EQUITIES CORPORATION, a Florida corporation, as General Partner of BRICKELLINVEST JOINT VENTURE, a Florida general partnership, on behalf of the corporation and the partnership. He/She is personally known to me or produced as identification, and did/did not take an oath. My VICTORIA VELUNZA Notary Public - State of Florida My Commission Expires May 10, 2002 Commission # CC74(1756 Sslon X 1 es: STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE Notary Public State Print Name: Serial No., if any: RIA VELUNZA The foregoing instrument was acknowledged before me this (D day of-1e-jher- , 2000, by At'-kna'ckc, C z, as cbce of MARNORTE EQUITIES CORP., a Florida corporation, as General Partner of BRICKELLINVEST JOINT VENTURE, a Florida general partnership, on behalf of the corporation and the partnership. He/She is personally known to me or produced `Dj (-\*[- (�ce�s as identification, and did/did not take an oath. My Commission Expires: VICTORIA VELUNZA Notary Public - State of Florida My Commission Expires May 10, 2002 Commission # CC740756 M9ADOCS 370849.1 RXC 3 4 d2e ' Notary Public State VELUNZA Print Name: Serial No., if any: • • orr.193•15? 003T EXHIBIT "A" Legal Description TRACT "B" of BAYSHORE PALMS REPLAT, as recorded in. Plat Book 155, Page 100, of the Public Records of Miami -Dade County, Florida ° c: 1930 0E38 • • 6. Agreement for Water and Sanitary Sewage Facility between Miami -Dade County and Brickellinvest Joint Venture recorded April 22, 1999, in Official Records Book 18575, at Page 4399. EXHIBIT "B" Permitted Title Exceptions 1. Taxes and assessments for the year of Closing and subsequent years. 2. Restrictions, easements and dedications as shown on the Plat of Bayshore Palms, recorded in Plat Book 151, at Page 59. 3. The property herein described being artificially filled land in what were formerly navigable waters, are subject to any and all rights of the United States Government with respect to control over navigable waters for purpose of commerce, navigation, recreation and fishery. 4. Riparian or littoral rights are neither guaranteed nor insured. 5. Resolution adopting and providing for annual assessments for Metromover Stage 1- Omni and Brickell Extension Project, recorded June 17, 1986 in Official Records Book 12923, at Page 2618; recorded September 19, 1989 in Official Records Book 14258, at Page 23.99; recorded August 28, 1991 in Official Records Book 16035, at Page 3996; recorded August 23, 1996 in Official Records Book 17326, at Page 2605; and recorded September 15, 1997 in Official Records Book 17789, at Page 637. 7. Affidavit between Brickellinvest Joint Venture and IBEX 1200 Brickell Association recorded November 10, 1999, in Official Records Book 18857, at Page 3410. 8. Restrictions, easements and dedications as shown on the Replat of Bayshore Palms, recorded in Plat Book 155, at Page 100. All recording references are as to the Public Records of Miami -Dade County, Florida. RECORDED IN OFFICIAL FECORD.S BOOR EDINOFFIC4.RECORpGBOOR OP T- CSJt,nlry, FLORIDA. RECOOD VERIFIED 1ARVEY HUVIN CtErttl G'fdcu T COURT • VILLA MAGNA MAJOR USE SPECIAL PERMIT LEGAL DESCRIPTION Tract B, BAYSHORE PALMS REPLAT, according to the plat thereof. as recorded in Plat Book 155, at Page 100 of the Public Records of Miami -Dade County, Florida. • • VILLA MAGNA • Project Data ADDRESS 1201 Brickell Bay Drive Miami, Florida 33131 ZONING CLASSIFICATION SD-5 City of Miami LOT AREA Net Lot Area Gross Lot Area DENSITY Dwelling Units Allowed Dwelling Units Proposed FAR 108,726 SF 161,486 SF 1,250 units 1,208 units Allowed 1,170,732 SF Provided 1,169,625 SF • ALLOWABLE FLOOR AREA (FAR) Residential 686,315 SF Affordable Housing 161,486 SF Retail 104,925 SF Under Ground Parking 80,743 SF Increase for Planned Unit Development 137,263 SF Total FAR + Increases 1,170,732 SF FAR Provided 1,169,625 SF NET FLOOR AREA CALCULATIONS Retail / Restaurant 34,975 SF Lobby 3,785 SF 14th Floor (Recreation Deck) 9,103 SF Apartment Floor North Tower 45 Typical Apartment Floors @ 10,702 S.F. 481,590 SF Apartment Floor South Tower 45 Typical Apartment Floors ©11,056 S.F. 497,520 SF Hotel Apartments O 11 Typ. Hotel Apart. Floors @12,972 142,692 SF 2.5 Net Acres 3.7 Gross Acres 500 units/acres SETBACKS • Front Brickell Bay Drive Required Proposed • o Side SE 12th Street Required Proposed Rear 20.0' 20.0' 15.0' 15.0' Biscayne Bay Required 15.0' Proposed 50.0' Baywalk Interior Side Required 15.0' Proposed 55.92' Pedestrian Plaza OPEN SPACE (GREEN SPACE)/ PRIVATE RECREATION SPACE Required 24,223 SF Provided 52,685 SF Ground Level 20,616 SF Recreation Deck 32,069 SF Total 52,685 SF OFFSTREET PARKING Required Provided Apartments 1,046 Spaces Hotel Apartments 44 Spaces Retail 19 Spaces Restaurant 0 Spaces Total 1,120 Spaces Standard + H.C. Parking Spaces 1,400 Spaces Hotel Apartments 44 Spaces Retail 30 Spaces Total 1,474 Spaces Accessible Parking Spaces Required 25 Spaces Provided 28 Spaces 15 % Gross Lot Area LOADING BERTHS • Required 4 BAYS Provided 4 BAYS • • HEIGHT Allowable Proposed No Height Limitations 595' 2" BUILDING FOOTPRINT 64,855 SF GROSS FLOOR AREA (Excluding Balconies) Total Gross Floor Area 1,977,928 SF (includes groung floor, Common areas and apartments) APARTMENT DISTRIBUTION North Tower 1-Bed 2-Bed Total 14th Floor 0 2 2 Units 15th-59th Floor 6 5 11 Units Total Number of Apartments 497 Units South Tower 1-Bed 2-Bed Total 14th Floor 5 2 7 Units 15th-59th Floor 5 6 11 Units Total Number of Apartments 502 Units Apartment Hotel 209 Units Total Number of Units 1,208 Units