Maguire/Thomas Partners Fifth & Grand, Ltd., Maguire/Thomas Partners Grand Place Tower, Ltd., Tax Matters Partner - Page 6

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          65-floor building on the Grand Place Tower parcel, and an                   
          underground parking garage on the Garage Plaza parcel.                      
          C.   Building Density Limitations for the Library Square Tract              
               1.   Floor Area Ratio Limits                                           
               The Library Square tract was subject to the CBD Plan.  A               
          small part of a public right of way in the tract was subject to             
          the BH Plan.  During 1984 and 1985, the CBD and BH Plans                    
          generally restricted development of parcels in the Library Square           
          tract to a maximum building density or floor area ratio (FAR) of            
          six times the buildable area1 of that building site.  The maximum           
          FAR under the CBD Plan was 6 to 1.  The BH Plan restricted                  
          development to a maximum FAR of 5 to 1.                                     
               Under section 437 of the CBD Plan and section 814 of the BH            
          Plan, CRA could grant a variation (i.e., a variance) to a                   
          landowner to build a building exceeding the maximum FAR that                
          otherwise would have applied to that property.   The CBD and BH             
          Plans generally permitted one landowner to sell the unused                  
          building density for that landowner’s property to a second                  
          landowner, which would allow the second landowner to build a                
          higher density building.  See, e.g., sec. 418 of the CBD Plan.              
          Transferred building density was called transferred FAR (TFAR).             


               1 Under the CBD Plan, buildable area is based on a parcel’s            
          area less any public streets, sidewalks, or rights of way to                
          which the parcel is subject.                                                





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