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Ms. Claudia Hasbun, Zoning Administrator <br />City of Sunny Isles Beach <br />September 26, 2014 <br />Page 3 <br />4. Approval for the use of a mural and graphic design on a temporary construction <br />fence in accordance with Section 265- 63.3(G) of the LDRs. <br />5. Approval of modifications to the existing median to accommodate a southbound <br />left turn lane onto the Project at the intersection of Bayview Drive and Collins <br />Avenue. As provided in the Applicant's traffic study prepared by David Plummer <br />& Associates dated September 2014, the traffic signal will also be modified to <br />incorporate the entry driveway. <br />In addition to the aforementioned requests, please note the following: <br />Optional design flexibility setback: <br />Consistent with Section 265- 35(4)(d) of the LDRs, the Applicant exercises its option to <br />provide for a minimum side setback of 25 feet for purposes of design flexibility. Accordingly, <br />the Applicant agrees to provide to the City the designated fee payment in the amount of <br />$1,000,000.00 for the City's maintenance of adjacent public beach access, streetscape and park <br />improvements. <br />Art in public places: <br />Consistent with Section 104 -4.4 of the LDRs, the Applicant will provide art in <br />conjunction with the development of the Project at a cost of 1% of the estimated construction <br />costs, not exceeding the sum of $500,000.00 (the "Required Contribution ") subject to future <br />review and approval by the City, or in the alternative, pay into the Public Art Trust Fund an <br />amount equal to the Required Contribution. In the event that the Applicant provides art that is <br />less than the Required Contribution, the Applicant will pay an amount equal to the difference <br />between the Required Contribution and the value of the proposed art, including acquisition and <br />installation costs. <br />Finally, the Applicant has had preliminary discussions with the Florida Department of <br />Environmental Protection regarding the siting of the proposed building in relationship to the <br />Coastal Construction Control Line. In addition, the Applicant will coordinate with multiple <br />other reviewing agencies, including but not limited to, Miami -Dade County School Board, <br />Miami -Dade County Fire Department, Miami -Dade County Water and Sewer Department, the <br />Florida Department of Transportation, and the Federal Aviation Administration. The Applicant <br />On February 20, 2014, the City Commission adopted Resolution 2014 -2207 providing a credit for payment of <br />MRS or bonus payments in the amount of $250,000.00 upon approval of a site plan for the Property. See Exhibit <br />"B." In the event that the City Commission approves the Project, the Applicant intends to apply the aforementioned <br />credit to the 10% deposit due in accordance with Section 265- 23(E)(2Xb). <br />MIADOCS 9857730 1 16821.0027 <br />1500 Miami Center • 201 South Biscayne Boulevard, Miami, Florida 33131 • ph 305.358.6300 • fir 305.381.9982 • www.shutts.com <br />MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM <br />