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are in compliance with the Comprehensive Plan and the Land Development Regulations of the <br />City of Sunny Isles Beach, and there is substantial competent evidence to support approval of the <br />applications. <br />Section 3. Approval. The Applicant's request for a site plan modification of the <br />approved site plan under Resolution No. 21-Z-182, adopted on September 14, 2021, to decrease <br />the height of the overall building from 741'-5" to 710'-6" (total reduction of 31') and request for <br />the approval of the terms and conditions of the Applicant's promissory note for the payment of <br />previously approved bonuses and TDRs, are hereby approved subject to all conditions set forth <br />in Section 4 below. <br />Section 4. Conditions. <br />A. That the plans shall be substantially in accordance with that submitted for public hearing, <br />which are entitled "Bentley Residences", prepared by Sieger Suarez Architects LLC stamped <br />received August 25, 2023, consisting of seven (7) sheets. Plans are subject to revisions -based <br />comments provided by zoning staff of the City of Sunny Isles Beach. Plans are subject to <br />modification. <br />B. Upon the submittal of an application for a building permit, the plans submitted shall be <br />approved by the Planning and Zoning Department and be consistent with the specific site <br />plan approved by the City Commission. Plans shall include all the required elements of the <br />site plan pursuant to the City's Land Development Regulations and recommendations. Should <br />compliance with recommendations result in a change that would not be considered "minor" <br />in accordance with Section 265-18 of the City Code; the Applicant shall be required to obtain <br />another approval of the City Commission. <br />C. All conditions set forth in City Resolution No. 21-Z-182 approved and adopted on September <br />14, 2021 shall remain in effect. <br />D. That the Applicant shall pay all fees related to the review of the application described herein <br />and shall have paid all other fees due to the City. <br />E. That the approved site plan shall remain valid for a period of 24 -months from the date of the <br />site plan modification approval. If no building permit is issued within the 24 -month time <br />period, the site plan shall be considered null and void and of no force and effect. <br />FAILURE BY THE CITY TO TIMELY ENFORCE ANY OF THE ABOVE CONDITIONS DOES NOT <br />CONSTITUTE A WAIVER OF THE SAME AND IF THE APPLICANT, ITS SUCCESSORS, OR, ASSIGNS, <br />DOES NOT PERFORM SUCH CONDITIONS WITHIN FIVE (5) DAYS AFTER WRITTEN NOTICE, THE <br />CITY RETAINS THE RIGHT TO STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT CONDITION IS <br />MET. BY ACTING UNDER THIS APPROVAL, APPLICANT HEREBY CONSENTS TO ALL THESE TERMS <br />AND CONDITIONS. <br />3 <br />