Resolution Zoning 06-Z-105 - Laserfiche WebLink

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regulations, which is to protect the gcneral welfare of the public, particularly as it affects the stability and appcarance of the community; and, further, found that said requests should be granted, subjcct to: (A) All of the conditions set forth in this Resolution (B) Thc purchase pricc to be paid by Applicant for the TDRs's based on an appraisal to bc prcpared 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 perccnt (10%) of the approved _purchase pricc,_(the "Ten_PercenU2eposit")inaccordance_with theTDROrdinance; and NOW THEREFORE, BE IT RESOLVED BY TIm CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPLICABLE TO APPLICANT, ITS SUCCESSORS OR ASSIGNS, AS FOLLOWS: H. INCORPORATION OF RECITALS. All recitals are incorporated into the body of this Resolution as ifsamc were fully set forth herein. III. APPROVALS. Thc approvals set forth in this Scction 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 prepared for the City; (C) The payment to the City of a non-refundable deposit in the amount of ten percent (10%) of thc approved purchase price, (the "Ten Percent Deposit"). within three (3) working days of the City Commission approval of thc purchase pricc, but in no event latcr than 5 p.m. on Tuesday, November 21, 2006; and (D) the voluntary proffer to thc City of a mitigation fec in the amount of Seven Hundred and Fifty Thousand Dollars ($750.000.00) to be used for municipal purposes. as may bc determincd by the City Commission (thc "Voluntary Mitigation Fee"), shall be paid to thc City of Sunny Isles Beach prior to thc issuance of the Building Permit for the Project. A. The Applicant's request for approval of the Property as a Receiver Sitc and for approval of the transfcr of 25 dwelling units and 51,749 square feet of dcvelopmcnt rights li'DlIl the City's TDR Bank to the Property, pursuant to Scction 265-23 of the LDR's, is hereby conditionally granted, and, subject to all of the conditions outlined herein, the City Commission finds such transfer consistent with the goals, policies and objectives of the Comprehensive Plan and the expresscd purpose of Section 265-23 of Code of the City of Sunny Isles Beach as amcnded. B. The Applicant's request for approval of the site plan submitted for the Projcct known as "Ocean Beach Resort" is hereby granted and said site plan is hereby approved. subjcct to the actual transfcr of the devclopment rights, and to all of the conditions provided this Resolution, including but not limited to those conditions set forth in Section IV of this Resolution. The failurc of performance of any of these conditions shall be deemed a denial of this Application. C. The Applicant's request for approval to waive the Beach Access Eascment requircmcnt 1ll1dcr the City Codc is hereby granted. R06-Z- Ocean Beach Resort 3