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January 15, 2026 <br />PZ2025-08 <br />owners of a unit within the condominium. The shared parking agreement (vi) shall be <br />restricted to only the restaurant and residential condominium units. The covenant shall <br />provide that the use or portion of a use that requires the shared parking shall cease <br />and terminate upon any change in their respective schedules of operation that results <br />in conflicting or overlapping usage of the parking facilities, and no nonresidential use <br />may be made of that portion of the property until the required parking facilities are <br />available and provided. The Declaration shall provide that the maintenance of these <br />easements, parking areas, and cabanas shall be the responsibility of the Applicant. <br />The Declaration of Restrictive Covenants shall be recorded in the public records of <br />Miami -Dade County at the Applicant's expense. <br />5. That the Applicant complies with all conditions and permit requirements, including but <br />not limited to, Miami -Dade County DERM, environmental conditions and permitting, <br />the Fire and Water and Sewer Departments, and Florida Department of Transportation <br />(FDOT), Miami -Dade DTPW, Miami -Dade Aviation, Florida Department of <br />Environmental Protection (FDEP), etc. <br />6. No below grade or master building permits shall be issued unless the Applicant has <br />submitted all documents referred to under this approval and shall have paid all impact <br />fees, bonuses, and Transfer of Development Rights, professional fees (as per Section <br />§267-5 and such other applicable Land Development Regulations) due to the City. <br />The Applicant is proposing to enter into an installment payment plan through a <br />Promissory Note for the development bonuses and TDR purchase and if approved by <br />the City Commission in accordance with the City Code, this Promissory Note shall be <br />executed prior to below grade or master building permit of the project. <br />7. A Miami -Dade County tree removal permit must be secured and attached to the <br />landscape permit application prior to demolition. <br />8. That palms along Collins Avenue be at least 12' clear -wood Medjool Palms or shall <br />match adjacent palms' heights, to be consistent with the City Streetscape Master Plan. <br />9. That the Applicant must present evidence of performance to the Planning & Zoning <br />Department of the obligation required to qualify for the Floor Area Ratio bonus. In the <br />event that the Applicant has done so and prior to issuance of a building permit, the <br />Applicant shall acquire the following floor area ratio bonuses: <br />a <br />Beach Access Trust Fund <br />0.20 FAR <br />$1,609,935.72 <br />b <br />Beach Access Easement <br />0.10 FAR <br />$ 0.00 <br />c <br />Public Beach Rec. Enhancement <br />0.60 FAR <br />$4,829,807.16 <br />d) <br />Collins Ave Streetscape <br />Enhancement <br />0.60 FAR <br />$4,829,807.16 <br />e <br />SIB Public Parking Bonus <br />0.20 FAR <br />$1,609,935.72 <br />Public Oceanfront & Open Space <br />0.20 FAR <br />$ 0.00 <br />Educational and Cultural Bonus <br />0.20 FAR <br />$1,609,935.72 <br />Page 11 of 18 <br />21 <br />