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EROSION CONTROL LINE OF THE ATLANTIC OCEAN, SAID <br />LINE RECORDED IN PLAT BOOK 134 AT PAGE 47, OF THE <br />PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. <br />Address: 18401 Collins Avenue <br />Folio: 31-2202-003-0210 <br />WHEREAS, on December 8, 2023, the City Commission conducted a public hearing on the <br />site plan modification application and application for the approval of the terms and conditions of <br />the Applicant's promissory note for the payment of bonuses and City's TDRs, not paid -in kind <br />over a period of time; and <br />WHEREAS, the public hearing was duly advertised and held as required by law, all <br />interested parties concerned with the matter were heard, and due and proper consideration was <br />given to the matter and to the positive recommendation contained in the City's Development <br />Review Report; and <br />WHEREAS, the City Commission reviewed the application for site plan modification, and <br />application for approval of the terms and conditions of the Applicant's promissory note for the <br />payment of bonuses and City's TDRs, the written and oral recommendations of the Development <br />Services Department, including the recommended conditions, and hereby finds competent <br />substantial evidence to support a showing by the Applicant that the request for an approval for <br />a site plan modification and approval of the payment terms for the bonuses and TDRs are <br />compliance with the City's Land Development Regulations and the Comprehensive Plan, and <br />maintain the basic intent and purpose of the zoning, subdivision or other land use regulations, <br />which is to protect the general welfare of the public, particularly as it affects the stability and <br />appearance of the community; and further finds that the applications should be granted, subject <br />to the conditions described herein. <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY <br />ISLES BEACH, AS FOLLOWS: <br />Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby <br />ratified and confirmed as being true and the same are hereby made part of this Resolution. <br />Section 2. Findings and Conclusions. Based upon an analysis of the site plan <br />application and the standards for approval of a site plan modification under the City's Land <br />Development Regulations, the City Commission hereby finds and concludes that the Applicant's <br />request for a site plan modification of the approved site plan under Resolution No. 21-Z-182: <br />to decrease the height of the overall building from 741'-5" to 710'-6" (total <br />reduction of 31') and to approve the terms and conditions of the promissory <br />note for the payment of previously approved bonuses and TDRs <br />2 <br />