Resolution Zoning 03-Z-78 - Laserfiche WebLink

Home Browse Search

Applicant that the requests for site plan approval and for the transfer of development rights are 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. 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. A. The Applicant's request to approve the site plan submitted for "Jade on the Beach" is hereby granted and said site plan is hereby approved subject to the actual transfer of the development rights which were approved as set forth in Section III B below and the conditions provided in Section IV below. B. The Applicant's request to approve the subject site as a receiver site for the transfer of 124,991 square feet of development rights from the City's TDR Bank is hereby granted and the City Commission finds such transfer consistent with the goals, policies and objectives of the Comprehensive Plan and the expressed purpose of Ordinance No. 2003-179. The approval of the Applicant's request to utilize the transfer of development rights for the approved Project is subject to additional public hearings as outlined below. 1. The determination of the amount that the Applicant will pay the City for the right to utilize the transfer of development rights for the Project is subject to additional public hearings, at which time the City Commission will make such a determination by the acceptance of the appraised land value of the Project site, on a square footage basis. On June 22, 2003, the Applicant provided to the City an MAl appraisal (the "Jade Appraisal"), which made a finding as to the fair market value of the Property. Thereafter, the City obtained an opinion regarding the Jade Appraisal from the City's MAl appraiser (the "City's Appraisal"). The City Commission's determination of the amount that the Applicant will pay for the transfer of development rights will be predicated on the Jade Appraisal and the City Appraisal. The City Commission's approval shall be documented by the issuance of an Ordinance that shall be passed and adopted on both first and second readings. Jade Resolution 2