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<br />WHEREAS, the City Commission has reviewed the application, and finds substantial <br />competent evidence to support a showing by the Applicant that the request for site plan approval <br />and for the Transfer of Development Rights are in compliance with the Land Development <br />Regulations and the Comprehensive Master Plan of the City and maintain the basic intent and <br />purpose of the zoning, subdivision or other land use regulations, which is to protect keep in <br />general welfare of the public, particularly as it affects the stability and appearance of the <br />community. <br /> <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />II. APPROVALS. <br /> <br />The Applicant's request for a Transfer of Development Rights, Site Plan Approval is hereby <br />approved as follow: <br /> <br />1. Pursuant to Section 515 of the City of Sunny Isles Beach Land Development' <br />Regulations, the applicant is requesting to transfer 33,657 square feet of <br />development rights from the City. This approval is subject to the acceptance of an <br />appraisal amount on a square footage basis that will be determined by an MAl <br />appraisal acceptable to the City Manager, taking into account the new zoning <br />approval in accordance with this resolution, and further procedures being developed <br />to effectuate this program, notwithstanding the fact that such procedures may be <br />formally adopted subsequent to this particular approval. <br /> <br />2. Pursuant to Section 508 of the City of Sunny Isles Beach Land Development <br />Regulations the applicant is requesting a site approval for a 29 story, 90-unit <br />condominium. <br /> <br />The approval and all conditions listed below are transferable to applicant's successor, buyers or <br />assignee and subject to the conditions set forth below being performed to the satisfaction of the <br />City and subject to all procedures to be adopted relating to that transfer. <br /> <br />III. CONDITIONS <br /> <br />A. Conditions to be completed before buildint! permits are issued or any <br />construction commenced <br /> <br />1. That an up to date appraisal of the property (current to within 60 days) be approved by <br />the City. The City Manager shall agree on the T.D.R. value before issuance of any <br />building permits (demolition, sales trailer permit does not constitute a building permit). <br />The applicant and shall pay the amount determined by the City for the transfer of thirty- <br />three thousand six hundred fifty-seven square feet (33,657 sq. ft.) of development <br />rights from the City (a Sender Site) to the subject property described hereinabove <br />(Receiver Site) as approved by the City Commission in this Resolution. The Applicant <br /> <br />03-Z-74 Mandalay LLC Reso <br />JLVI ed <br />Rev. LMD/ch <br /> <br />2 <br />