Resolution Zoning 05-Z-98 - Laserfiche WebLink

Home Browse Search

WHEREAS, the public hearing of the City Commission was advertised and held as required by law, all interested parties concerned in the matter were heard, and due and proper consideration was given to the matter and to the positive recommendation contained in the joint memorandum from the Planning and Zoning Administrator and the Planning Consultant; and WHEREAS, notice was provided to all interested parties regarding the Application; and WHEREAS, the City Commission reviewed the Application, the written and oral recommendations of the Planning and Zoning Administrator and the Planning Consultant and all outside consultants who render reports with respect to the Application, including the recommended conditions, and found substantial competent evidence to support a showing by the Applicant that the requests for the Receiving Site approval, transfer of development rights and site plan approval are, subject to all of the conditions set forth in this Resolution, in compliance with the Land Development Regulations and the Comprehensive Master Plan of the City and maintain the basic intent and purpose of the zoning, subdivision or other land use regulations, which is to protect the general welfare of the public, particularly as it affects the stability and appearance of the community; and, further, found that said requests should be granted, subject to: (A) All of the conditions set forth in this Resolution (B) The purchase price to be paid by Applicant for the TDR's based on an appraisal to be prepared for the City; (C) The payment to the City, within three (3 ) working days of the City Commission approval of the purchase price, of a non refundable deposit in the amount of ten percent (10%) of the approved purchase price, (the "Ten Percent Deposit") in accordance with the TDR Ordinance; and WHEREAS, failure to pay the Ten Percent Deposit within three (3) working days of the approval of the purchase price on November 17, 2005, but in no event later than 5 p.m. on Tuesday, November 22, 2005, shall result in an automatic voiding of the Commission approval of the Receiving Site, transfer of TDR's, and site plan approval, pursuant to Section 265- 23.5(b)(2) of the TDR Ordinance, each element of the Application shall be deemed denied, and Applicant shall not be permitted to refile an application for development of the Property for one year, pursuant to Section 265-1 I (g)ofthe LDR's. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPLICABLE TO APPLICANT, ITS SUCCESSORS OR ASSIGNS, AS FOLLOWS: II. INCORPORATION OF RECITALS. All recitals are incorporated into the body of this Resolution as if same were fully set forth herein. III. APPROVALS. The approvals set forth in this Section III are subject to (A) All of the conditions set forth in this Resolution; (B) The purchase price to be paid by Applicant for the TDR's based on an appraisal to be prepared for the City; (C) The payment to the City of a non-refundable deposit in the amount often percent (10%) of the approved purchase price, (the "Ten Percent Deposit"). within ROS-Z.<)' ",""m. 2 JV J