|
<br />ADDRESS: 15811, 15901, 15995, 16001 Collins Avenue, Sunny Isles Beach, Florida (the
<br />"Property" or the "Receiving Site").
<br />
<br />WHEREAS, on June 9, 2005, after a public hearing, the City Commission deferred the
<br />Application at the request of the Applicant to the public hearing scheduled for July 14,2005; and
<br />
<br />WHEREAS, on July 14, 2005, the City Commission conducted a public hearing on the
<br />Application as modified by the Applicant to eliminate the need for a variance and otherwise
<br />address the concerns raised at the earlier public hearing; and
<br />
<br />WHEREAS, the public hearing of the City Commission was advertised and held as
<br />required by law, all interested parties concerned in the matter were heard, and due and proper
<br />consideration was given to the matter and to the positive recommendation contained in the joint
<br />memorandum from the Planning and Zoning Administrator and the Planning Consultant; and
<br />
<br />WHEREAS, notice was provided to all interested parties regarding the Application; and
<br />
<br />WHEREAS, the City Commission reviewed the Application, the written and oral
<br />recommendations of the Planning and Zoning Administrator and the Planning Consultant and all
<br />outside consultants who render reports with respect to the Application, including the
<br />recommended conditions, and found substantial competent evidence to support a showing by the
<br />Applicant that the requests for the Receiving Site approval, transfer of development rights and
<br />site plan approval are, subject to all of the conditions set forth in this Resolution, in compliance
<br />with the Land Development Regulations and the Comprehensive Master Plan of the City and
<br />maintain the basic intent and purpose of the zoning, subdivision or other land use regulations,
<br />which is to protect the general welfare of the public, particularly as it affects the stability and
<br />appearance of the community; and, further, found that said requests should be granted, subject
<br />to: (A) All of the conditions set forth in this Resolution (B) The purchase price to be paid by
<br />Applicant for the TDR's based on an appraisal to be prepared for the City; (C) The payment to
<br />the City, within three (3 ) working days of the City Commission approval of the purchase price,
<br />of a non refundable deposit in the amount of ten percent (10%) of the approved purchase price,
<br />(the "Ten Percent Deposit") in accordance with the TDR Ordinance; and
<br />
<br />WHEREAS, failure to pay the Ten Percent Deposit within three (3) working days of the
<br />approval of the purchase price on July 14, 2005, but in no event later than 5 p.m. on Tuesday,
<br />July 19, 2005, shall result in an automatic voiding of the Commission approval of the Receiving
<br />Site, transfer of TDR's, and site plan approval, pursuant to Section 265-23.5(b)(2) of the TDR
<br />Ordinance, each element of the Application shall be deemed denied, and Applicant shall not be
<br />permitted to refile an application for development of the Property for one year, pursuant to
<br />Section 265-11(g)ofthe LDR's.
<br />
<br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
<br />CITY OF SUNNY ISLES BEACH, FLORIDA, APPLICABLE TO APPLICANT, ITS
<br />SUCCESSORS OR ASSIGNS, AS FOLLOWS:
<br />
<br />R05-Z-94 Trump Tower
<br />
<br />2
<br />
|