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3. Pursuant to Section 265-11(M) and Section 265-23.G.(1)(d) of the City of Sunny Isles <br />Beach Land Development Regulations, a payment agreement in the form of two <br />Promissory Notes, one for the payment of the requested development bonuses and the <br />other for the payment of the Transferable Development Rights, not paid -in kind, over a <br />period of time and on terms and conditions approved by the City Commission. <br />4. Pursuant to Section 104-4.2 of the City of Sunny Isles Beach Land Development <br />Regulations, to defer the work of art requirement from the Arts in Public Places Program <br />to after the site plan approval but prior to issuance of a Temporary Certificate of <br />Occupancy (TCO). <br />5. Pursuant to Section 265-63.3(G) of the City of Sunny Isles Beach Land Development <br />Regulations, the use of murals and graphic designs on a temporary construction fence. <br />6. Pursuant to Section 265-11.N. of the City of Sunny Isles Beach Land Development <br />Regulations, an extension of time to obtain a below gradeor master building permitfrom <br />24-months to up to five (5) yearsfrom the site plan approval and from 24-months to up <br />to five (5) yearsfrom issuance of below grade or master building permit to complete the <br />development project. <br />7. Pursuant to Section 265-46.A(3) of the City of Sunny Isles Beach Land Development <br />Regulations, a shared parking agreement between the residential condominiums and <br />private restaurant uses to provide sufficient project parking to meet the minimum <br />parking requirements of the City's Land Development Regulations. <br />WHEREAS, on January 15, 2026, the City Commission conducted a public hearing on the <br />Application; 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 Planning and <br />Zoning Department Staff Report; and <br />WHEREAS, notice was provided to all interested parties regarding the Application; and <br />WHEREAS, the City Commission reviewed the Application, the written and oral <br />recommendations of the Planning and Zoning Department, including the recommended <br />conditions, and hereby finds competent substantial evidence to support a showing by the <br />Applicant that the request for site plan approval is in compliance with the City's Land <br />Development Regulations and the Comprehensive Plan, and maintains the basic intent and <br />purpose of the zoning, subdivision or other land use regulations, which is to protect the general <br />welfare of the public, particularly as it affects the stability and appearance of the community; <br />PZ2025-08 MB RE Investments LLC.docx Page 2 of 12 <br />