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HomeMy WebLinkAboutResolution 01-1233• J-01-974 10/29/01 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO ARTICLES 17 AND 22 OF ZONING ORDINANCE NO, 11000, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MODIFICATION TO ,THE MAJOR USE SPECIAL PERMIT FOR THE PARK PLACE AT BRICKELL PROJECT, TO BE LOCATED AT APPROXIMATELY 1432, 1438, 1440, 1450 AND 1460 BRICKELL AVENUE, 1435, 1443, 1451-1453-1455, 1465, 1475-1477 AND 1485 SOUTH MIAMI AVENUE, AND 1 SOUTHEAST 15TH ROAD, MIAMI, FLORIDA, APPROVED BY THE CITY COMMISSION ON NOVEMBER 16, 2000, PURSUANT TO RESOLUTION NO.00-1036, TO MODIFY SAID DEVELOPMENT ORDER BY DECREASING THE AMOUNT OF DEVELOPMENT AND ALLOWING A NEW DEVELOPMENT PROGRAM OF 773 RESIDENTIAL UNITS, WITH ACCESSORY RECREATIONAL USES, 36,554 SQUARE FEET OF NONRESIDENTIAL USES, AND A TOTAL OF 1,400 PARKING 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. WHEREAS, on September 7, 2001, Park Place at Brickell, LLC., "APPLICANT", submitted a letter requesting a substantial modification to the previously approved Major Use Special Permit for the Park Place at Brickell Project ("PROJECT") pursuant to Articles 17 and 22 of Zoning Ordinance No. 11000 the Zoning ATTACH firi CITY COMMISSION .4E TIT OF N " 1 5 2001 Rena ww. may, —1 2 3' 3 Ordinance of the City of Miami, Florida, as amended, (the "Zoning Ordinance No. 11000"); and WHEREAS, pursuant to Article 17 of Zoning Ordinance No. 11000, and Condition No. 16 of Resolution 00-1036 requires the proposed modification to the Major Use Special Permit to be reviewed by the Planning Advisory Board and approved by the City Commission; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on October 17, 2001, Item No. 5, following an advertised public hearing, adopted Resolution No. PAB-87-0J. by a vote of seven to zero (7-0), RECOMMENDING APPROVAL of a substantial modification to the previously approved Major Use Special Permit Development Order; 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: Page 2 of 8 • Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Resolution No. 00-1036, a Major Use Special Permit for the Park Place at Brickell Project, approved by the City Commission on November 16, 2000, and attached hereto as "Exhibit E," amended as set forth below. Section 3. The Major Use Special Permit Development Order for the PROJECT to be developed by APPLICANT, at approximately 1432, 1438, 1440, 1450 and 1460 Brickell Avenue, 0 1435, 1443, 1451-1453-1455, 1465, 1475-1477 and 1485 South Miami Avenue and 1 Southeast 15tn Road, Miami, Florida, attached hereto as "Exhibit A" and made a part hereof, is amended to reflect the requested modifications, subject to the remaining conditions, as specified in said Development Order, remaining in full force and effect. • Section 4. The modified PROJECT is approved for the construction of up to approximately 773 residential units, with accessory recreational space; 36,554 square feet of nonresidential uses, and 1,400 parking spaces. Page 3 of 8 O'7/13/05 10:16 GREENBERG TRIG 3 3054162035 NO.349 P02 Section_ 5. The approved Maj Use Special Permit for the PROJECT also encompasses the lower ranking Special Permits as set forth in the Development Order, attached as "Exhibit A" hereto and incorporated herein. Section 6. The findings of fact set forth below are hereby made with respect to the modifications to subject PROJECT; a. The modified PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan 1989-2000, as amended. b. The modified PROJECT is iAccord 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 pt and a certificate of occupancy, Page 4 of 8 • d. The PROJECT is expected to cost approximately $190 million, and to employ approximately 375 workers during construction (Full -Time Employees); the PROJECT will also result in the creation of approximately 160 peLmanent new jobs. The PROJECT will generate approximately $3.3 million annually in tax revenues to local units of government (2000 dollars). e. The City Commission further finds that: (1) the PROJECT will have a favorable impact on the economy of the City; (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; Page 5 of 8 �J - (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 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 Pex<<fit, as approved and amended, shall be binding upon the APPLICANTS and any successors in interest. Section 8. The application for modification to this Major Use Special. Permit, which was submitted on September 7, 2001, as amended, and which is on file with the Department of Planning and Zoning of the City of Miami, Florida, shall be relied upon generally for administrative interpretations and is made a part hereof by reference. Page 6 of 8 • Section 9. The City Manager is directed to instruct the Director of the Department of Planning and Zoning to transmit a copy of this Resolution and attachment to the developers: Adrienne Pardo, Esq., on behalf of Park Place at Brickell, LLC., 1221 Brickell Avenue, Miami, FL 33131. Section 10. The Findings of Fact and Conclusions of Law are made with respect to the PROJECT as described in the Development Order for the PROJECT, which is attached hereto as "Exhibit A" and made a hereof by reference. Section 11. The Major Use Special Permit Development Order for the Project ("Exhibit "A") is amended. Section 12. In the event that any portion or section of this Resolution or of the modified Development Order ("Exhibit A") is determined 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 13. The provisions approved for this Major Use Special Permit, as approved, shall commence and become operative thirty (30) days after the adoption of the herein Resolution. Page 7 of 8 • • Section 14. This Major Use Special Permit, as approved, shall expire two (2) years from its commencement and operative date. Section 15. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.1' PASSED AND ADOPTED this 15th day of November , 2001. JOE CAROLLO, MAYOR In accord nce ve th M'srr. 2-?8, it a Mawr diti= `.nt J.- regarding same, without the ivieyc: e ATTEST: WALTER J. FOEMAN CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: AL ANDRO VILARE LO I ATTORNEY 5793:GMM:dd: .: M 1/ 04.0411404040./ Waiter J. "-man, City Clerk If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 8 of 8 "EXHIBIT A" ATTACHMENT TO RESOLUTION NO. DATE: PARK PLACE AT ERICKELL PROJECT MAJOR USE SPECIAL PERMIT MODIFIED DEVELOPMENT ORDER:/ Let it be known that pursuant to Articles 13 and 17 of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended, (the "Zoning Ordinance No. 11000") the Commission of the City of Miami, Florida, has considered in a public hearing, the issuance of a Major Use Special Permit for the Park Place at Brickell Project (hereinafter referred to as the "PROJECT") to be located at approximately 1432, 1438, 1440, 1450 and 1460 Brickell Avenue, 1435, 1443, 1451-1453-1455, 1465, 1475µ-1477 and 1485 South Miami Avenue and 1 Southeast 15th Road, Miami, Florida, as described on "Exhibit B" attached hereto. After due consideration of the recommendations of the Planning Advisory Board and after due consideration of the consistency of this proposed development with the Miami Comprehensive Neighborhood Plan, the City Commission has 1/ Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall -be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. • approved the PROJECT, and subject to the following conditions approves the Major Use Special Permit and issues this Permit: FINDINGS OF FACT PROJECT DESCRIPTION: The proposed PROJECT is a mixed -use development consisting of residential and commercial uses to be located at approximately 1432, 1438, 1440, 1450 and 1460 Brickell Avenue, 1435, 1443, 1451-1453-1455, 1465, 1475-1477 and 1485 South Miami Avenue and 1 Southeast 15th Road, Miami, Florida. The PROJECT is located on a gross lot area of approximately 5.06 acres feet and a net lot area of approximately 3.6 acres of land (more specifically described on "Exhibit B," incorporated herein by reference). _The Project's Conceptual Plan is attached hereto as "EXHIBIT C," and incorporated herein by reference, as amended by "EXHIBIT D," also attached hereto and incorporated herein by reference. The proposed PROJECT, as modified, will consist of no more than 810 773 residential units with accessory recreational space, 22,82a 36,554 square feet of retail and other non.resa.dential uses. The project will also consist of 1,224 1,400 parking spaces. The ownership, operation and maintenance of common areas and facilities will be by the property owner or (in the case of the property being converted to condominiums) a mandatory Page 2 of 12 Cl 47, — 0 • • property owner association in perpetuity pursuant to a recorded Declaration of Covenants and Restrictions. The Major Use Special Permit Application for the PROJECT also encompasses, but is not exclusively limited to, the following lower ranking Special Permits and variances: CLASS I SPECIAL PERMIT as per Article 9, Section 906.6 for active recreational facilities (including a swimming pool); CLASS I SPECIAL PERMIT to permit staging and parking during construction (to be approved prior to obtaining a building permit from Planning); CLASS I SPECIAL PERMIT for Development Signs when combined with construction signs; CLASS I SPECIAL PERMIT as per Section 915.2 for FAA clearance letter; CLASS I SPECIAL PERMIT as per Article 9, Section 917.1.2, of Zoning Ordinance No. 11000 for Valet Service; CLASS II SPECIAL PERMIT as per Article 6, Section 605.3.1 for development of new construction within the Special District; CLASS II SPECIAL PERMIT as per Article 6, Section 605.3.1 for a temporary construction fence and covered walkway; CLASS II SPECIAL PERMIT as per Article 6, Section 605.3.1 for a temporary construction trailer; Page 3 of 12 --I233 • • CLASS II SPECIAL PERMIT as per Article 15 for uniform signage guides and standards; CLASS IT SPECIAL PERMIT as per Article 15 for waiver of certain pedestrian pathway requirements; CLASS II SPECIAL PERMIT as per Section 908.2 for access from a public street or roadway width greater than 25 feet; CLASS II SPECIAL PERMIT as per Article 9, Section 923 for reduction in loading berth dimensions (as specified in the application); Special Exception as per Article 6, Sec. 605 to allow bar/lounge open to the public within the SD-5 District; Special Exception as per Article 9, Sec. 917.1.2 to allow valet parking for restaurant up to 500 of existing off- street parking spaces; Certificate of Appropriateness for ground disturbing activity in an archeological conservation area (city Code Section. 23-5a) ; Reservation of Downtown Development of Regional Impact (DRI) credits (City Code Chapter 13); Designation as a phased project, pursuant to Section 2502 of Zoning Ordinance 11000, as amended. Waiver from the City Commission for the following: 42) Page 4 of 12 • 1, Noise Ordinance during the required concrete pours for construction of the building (City Code Chapter 36). Pursuant to Articles 13 and 17 of Zoning Ordinance No. 11000, approval of the requested Major Use Special Permit shall be considered sufficient for the subordinate permits requested and referenced above as well as any other special approvals required by the City which may be required to carry out the requested plans. The PROJECT shah be constructed substantially in accordance with the Phased Project Development Program s Conceptual Site Plan dated November 8, 2000, entitled "Park Place at Brickell -- 2 Tower Scheme 1 - Site Plan - All Phases" ate- tm=sae- , oubj cot to the review and approval f thc Director 4f thc lan ing and Zoning prior t the i,,o*rancc of any b- i1ding permits , as amended by plans on file prepared by Bermello & Ajamil, dated September 2001, landscape plan shall be implemented substantially in accordance with plans and design schematics on file prepared by Bermello & Ajamil, dated September 2001; 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 Page 5 of 12 • Director of the Department of Planning and Zoning prior to the issuance of any building permits. The PROJECT conforms to the requirements of the SD-5 Zoning District, as contained in Zoning Ordinance No. 11000. The existing comprehensive plan future land use designation allows the proposed mix of commercial and residential uses. CONDITIONS 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. Pay all applicable fees due prior to the issuance of a building permit; and pay DRI fees required to reserve development credits within 60 days of the effective date of this Resolution. 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 Zoning, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the PROJECT security and construction plans, or demonstrate to the Planning Director why such recommendations are impractical. Page 6 of 12 O • y' • 4. Obtain approval from, or 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 process and review procedures, as well as specific requirements for fire protection and life safety systems, exiting, vehicular access and water supply. 5 Obtain approval from, or provide a letter of assurance from the Department of Solid Waste that the PROJECT has addressed all concerns of the said Department prior to the obtainment of a shell permit. 6. Prepare a Minority Participation and Employment Plan (including a Contractor/Subcontractor Participation Plan) to be submitted to the City's Director of Equal Employment Opportunity for review and comments, with the understanding that the APPLICANT must use its best efforts to follow the provisions of the City's Minority/Women Business Affairs and Procurement Program as a guide. 7. Record the following in the Public Records of Miami -Dade County, Florida, prior to the issuance of a shell permit: (a) 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; (b) a certified copy of the development order specifying that the Development Order runs with the land and is binding on the 15) Page 7 of 12 a c- (51//) • APPLICANT its successors, and assigns, jointly or severally. 8. Prior to the issuance of a shell permit, demonstrate to the City that the PROJECT has either: (a) completed its application for condominium requirements and submitted such to the State of Florida; or (b) provide the City with an executed, unity of agreement recordable unity of title or covenant in -lieu of title agreement for the subject property; said shall be subject to the review and approval of the City Attorneys Office. Provide the Department of Public Works with plans for proposed sidewalk and swale area improvements for its review and approval prior to the issuance of a building permit. 10. Provide the Department temporary parking plan, of Planning and Zoning with a including an operational plan, which addresses construction employee parking during the construction period; said plan shall be subject to the review and approval by the Department of Planning and Zoning prior to the issuance of any building permits and shall be enforced during construction activity. 11. Pursuant to the Departments of Fire -Rescue and General Services Administration, the roof area of the proposed structures shall be made available to the City of Miami, for any necessary City. communications equipment at no charge to the Page 8 of 12 12 The applicant shall retain the services of an archeological consultant who will be responsible for conducting archeological monitoring of all ground disturbing activity as well as the subsequent recovery of artifacts. Said consultant shall work at the direction of the Miami -Dade County Archeologist and shall provide reports to both that office and to the City. 13. Purcuant to the conditi n from the UDRIS, the l PPLICANT chali submit fi .al dccign dctailo, inel.ading inatoria o, a from a diotancc, and final la:doc .pc and lighting plan, to the Director of the Panning and Zoning Department f r rcvicei• and approval, prior to the issuance of a building permit. 14. Prior to the issuance of a shell permit, the APPLICANT shall submit an interim plan, including a landscape plan, which addresses design details for the land occupying Phases II and III of this project in the event that these future phases are not developed; said plan shall include a proposed timetable and shall be subject to review and approval by the Director of the Planning and Zoning Department. 15. Prior to the issuance of any building permits for each future phase of- this project, the applicant shall conduct updated traffic studies that shall include recommendations Page 9 of 12 • for mitigation, including signalization options for the area. 16. Apply f r a oubotntir1 m difigtion review and approval fer a h f the phaocs proposed within this 4Taj r Usc Special .Permit; oach phase -shall require approval of the design component including right of way improvements, facade t-roatmcnt, oignagc, lighting, ctc.; no phase of the approvals are -obtained; said appr vals oaall require all customary Mcvious required for a Major Use Cpccial Permit, including the Planning Advisor Boa , Large Coale Development Po v .cw Oo unit-. oc and the Urban Development Rcvicw D and. 16. The applicant shall continue to work with the Planning and Zoning Department in refining the desi n details of the proposed project; the Director of the Planning and Zoning Department shall a._prove all such refinements. THE CITY SHALL: Establish the operative date of this Permit as being thirty (30) days from the date of its issuance; the issuance date shall constitute the commencement of the Page 10 of 12 • • thirty (30) day period to appeal from the provisions of the Permit. CONCLUSIONS OF LAW The PROJECT, proposed by the 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 transportation 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 Page 11 of 12 - 1233 • • (8) any potentially adveise effects of the PROJECT will be mitigated through conditions of this Major Use Special Permit. 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 a..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. Page 12 of 12 F EXHTBjr ui” EXHIBIT "B" lsce4 TkE SO/MI O. LOT9; duo M" g PiR11 /5 soTxxevisNe •.du° tr /77,Vu 2S, �-. L EO MAP pF B.�F1C.telL `S 4D0/7/S.0 7a T.'E ,WIPpf.�f�W/', ACCO D/uO Ta l�refv� e SO .PE ! ,I.c 78'47 P4Q ' /13, Of ;we J JBUC ,FECows Of 1.-WDE CD11.4'77 /c1.0RICid. LOTS /GA .dUO 1C8 #V/ Y1S0 / 5 SUBD'WSIOIJ' dU0 2I, 7, TflS f /BLIC 'CO,COS Of m' A:1BG/C R�'Ca g p�/01 Cau ,cur 1ORZ1OF, �'E�'I FL "D /UF..4T ,�'.S/ „dT G �;FGO,Q/Q4. SeC7704/ 35, T1 W//SRJP 5d SOL/TA; Z??,UG 'd/ f ST Cn'Y op M441,11 FCDR/GW. • A -1 r Entry Driveway and Landscaped Plaza ERICTEEIL AVINUE Tower 2 Tower 1 Parking Garage Parking Garage s♦rtoasiYAW, DOMINO Aurrri&Y t 1 Phase 1 Tawsr 1 - 40 Blanes, 420 unlb R. idaoialTow,r la 30 fig 10 9oty Sass vh $ torah of fatldag 620ipoaa► GrauivilArourI Rua cp Afrp.. 7,000 id. Phase 2 Tyr 2 - 40 Sims„ 420 vrr'lr RRud.nr"d Tower a 30 Noon 10 Story Awls with 8 ic,cb of Pa4ing 43630 ep Ground Laval Rata,� Q approx., 13,000 j Residential Tower Parking Garage Landscaped Plaza �I 1 Tok4 that - a40mar Tata ttnk 1 mg approx. 20,000 3..1. Tolol trkinO — 1,260 spools CY i PARK PLACE AT BRICKELL Substantial Modification To MUSP 00-1036 1. Legal Description: 2. Address: 3. Zoning Classification: 4. Lot Area: 5. Density: 6. Allowable Area: Project Data Sheet EXHIBIT "D" See Exhibit "1" , Section "B" in the Application for Major Use Special Permit for legal description. 1450 Brickeil Avenue SD-5 District Gross Area 5.06 acres or 220,664 sq. ft. Units/Acre Allowed 500 units/acre Floor Area Ratio (FAR) Allowed (4.25 x G.L.A.) P.U.D. Bonus (20% G.L.A.) 937,882 s.f. �- 187,564 s.f. 1,125,386 s.f. 7. Loading Berths: 8. Height: 9. Building Footprint: 10. Unit Breakdown • Required 8 loading berths 12 ft. x 35 ft. Allowed Unlimited Unlimited 153' - 6"° (325% of tower) Allowed N/A Phase I - 367 Phase II - 406 Total - 773 Net Area 3.6 acres or 157,177 sq. ft. Units/Acre Provided 214 units/acre Provided 969,416 s.f. Provided 6 loading berths 12 ft. x 35 ft. 4 loading berths 10 ft. x 20 ft. Provided Phase One Phase Two Parking Provided 90,367 s.f. 438 ft. 8 in. 438 ft. 8 in. 125 ft. 0 in. Project Data Sheet (cont.) 11. Number of Parking Spaces: Required Provided 865 minimum 1,400 spaces Handicapped spaces Required Provided 17 spaces 32 spaces 12. Open Space: Required Provided 30,099 s.f. 107,277 s.f. 15 % G.L.A. 48% G.L.A. 13. Setbacks: Required Provided Bricked Avenue (Front) 30 ft. 30 ft. S. Miami Ave. (Side) 15 ft. 15 ft. SE 15 Rd. (Side) 15ft. 15ft. Interior Yard (North) 15 ft. 125'-2" Phase 1115'-0" Phase 2 Interior Yard (West) *7 ft. 6 in. 7 ft. 6 in. Interior Yard (South) 15 ft. 15 ft. *As per Article 25, "definitions"; for yards, interior yards, credit for adjacentt, Page 719 of the City of Miami Zoning Ordinance. • •