The City Commission approved the Bahia Mar Lessee’s Site Plan based on the Lessee’s representation that the Site Plan met all zoning requirements for the District. One of the main requirements emphasized in Mr Lochrie’s presentation was Density. He argued that the zoning requirement was for a maximum of 48 units per acre. Based on the proposed 651 apartment units the Density was calculated as 41 units per acre. However, the City’s own website indicates that the upland portion of the Bahia Mar Site has 851 units: 651 Apartmemt Units and 253 Hotel Units. The Site’s Density based on 851 Units and 16 acres is 56.5 units per acre which EXCEEDS the maximum density of 48. The Lessee’s Site Plan fails to meet zoning requirements. Is the Lessee being less than truthful or incompetent? And what about the culpability of City Planning Staff and the City Commissioners? At a minimum the Commissioners’ decision to approve the Site Plan must be held to be invalid. Also, this can only be interpreted as gross negligence, if not intentional misrepresentation. In either instance this should be grounds for a action For Breach of the Lease Agreement.