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<br />... <br /> <br />Greenberg <br />Traurig <br /> <br />Clifford A. Schulman <br />Tel. (305) 579-0613 <br />Fax (305) 961-5613 <br />schulmanc@gtlaw.com <br /> <br />December 12,2006 <br /> <br />Hans Ottinot, Esq. <br />City Attorney <br />City of Sunny Isles Beach <br />18070 Collins Avenue <br />Swmy Isles Beach, FL 33160 <br /> <br />Re: 18320 Collins Avenue / Request for Code Interpretation <br /> <br />Dear Mr. Ottinot: <br /> <br />As you are aware, we represent Publix Supermarkets, Inc., ("Publix"), the owner of the <br />above referenced property which is the subject of various pending development approval <br />applications. Publix also owns several acres of submerged lands which abut the site and it is <br />our opinion that, based on the definitions excerpted below from Section 265-5 of the Sunny <br />Isles Beach Land Development Regulations, (the LDR's), these submerged lands may be <br />included as part of the development site for purposes of calculating the permitted residential <br />density and floor area of the proposed development. <br /> <br />Density, Net - The number of residential dwelling units divided by the net parcel area. <br /> <br />Net Acre or Net Parcel Area - The total area of a development parcel, less rights-of-way and <br />land dedicated or reserved for public parks (excluding private tot lots and private recreation <br />areas. ) <br /> <br />Development Parcel - A parcel of land and water used for residential or nonresidential <br />structures, accessory structures, utilities, rights-of-way, easements, agriculture, open space, and <br />other public or private uses. (emphasis added) <br /> <br />Floor Area Ratio (FAR) - The number calculated by dividing the gross floor area of the <br />building (or buildings) on a lot by the gross area of that lot. <br /> <br />Gross Acre or Gross Area - The total area of a parcel including land and water. (emphasis <br />added) <br /> <br />MIA 179496497v112111/2006 <br />Greenberg Traurig, PA I Attorneys at Law /1221 Brickell Avenue I Miami, FL 33131 I Tel 305.5790500 I Fax 305.579.0717 / www.gtlaw.com <br />