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Request for Proposal- "Aquatic Entertainment Complex" City of Sunny Isles Beach, Florida November 8,2010 e received a preliminary response to this answers. However, the response does not provide sufficient information to fully address some of the pertinent zoning requirements and we thereby reserve the right to address these points with the City upon further negotiations. Thus, the zoning requirements noted here, and potential variances, are not final but are assumed until further determination by the City of the correct requirements. A copy of Addendum $ to the RFP that includes our questions to the City and their initial response is attached as Exhibit "A." 2 I The calculations noted are based on the assumption that the developer will be able to calculate, for zoning purposes, based on the entire site area. If necessary, the developer will agree to a Declaration in Lieu of a Unity of Title in order to do so and the City will agree to such a calculation. Refer to Drawing A-105 for Diagrams of Zoning Regulations vs. Proposed Building Massing. Justification for Variances: At this early stage of Schematic Design we have made efforts to minimize variances but due to challenging aspect of the site and project specific requirements there are several elements and/or areas in this Project that require variances from the zoning regulations as established for the Town Center District. Variances related to height, setbacks, floor area and certain architectural design minimum standards will be required for this particular proposal. The variances are required and justified for the following reasons: e 1) A height variance will be required based on: i) The interior clearances typically required for Aquarium type buildings to accommodate systems and infrastructure; ii) Achieving a higher elevation in order to capture wonderful views of the city, beach and Intracoastal waterway and minimize the visual impact of the Collins Avenue overpass; and iii) Having the ability to incorporate a possible future skywalk (towards the beach) in which case the structure will need to cross the Collins Avenue overpass and meet FDOT height clearances. 2) A pedestal, tower and/or pedestal setback variance will be required on both sides of SIB to accommodate the maximum amount of parking (at ground level) and achieve the standard depth for the required commercial retail space. This will be crucial for successfully leasing the retail spaces located within the parking structure. In our design strategy we have pushed the building towards the SIB- WB edge which is not likely to have any pedestrian activity (therefore not requiring a colonnade frontage) and provided for a Plaza at SIB-EB that offers a 55' -0" setback. 3) A loading zone, parallel to SIB Westbound road, is required for delivery of large equipment. This area has little to no pedestrian activity and is visually buffered by the Collins overpass, thus making it the most desirable area for back-of-house services and/or activities. t 4) As of the Schematic Design concept we have successfully accommodated 308 parking spaces, which is possible with variances as noted. 9 of 32