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<br />III. APPROVALS. <br /> <br />A. The Applicant's request for approval of the Property as a receiver site and for approval of <br />the transfer of 50 dwelling units and 126,737 square feet of development rights from the City's <br />TDR Bank to the Property, pursuant to Section 265-23 of the LDR's, is hereby granted, and, <br />subject to conditions outlined herein, the City Commission finds such transfer consistent with the <br />goals, policies and objectives of the Comprehensive Plan and the expressed purpose of Section <br />265-23 of Code of the City of Sunny Isles Beach as further amended by Ordinance No.2004-200. <br /> <br />B. The Applicant's request for approval of the site plan submitted for the Project known as <br />"SEA" is hereby granted and said site plan is hereby approved, subject to the actual transfer of <br />the development rights, and to all of the conditions provided in Section IV of this Resolution. <br /> <br />IV. CONDITIONS <br /> <br />A. Conditions to be completed before below grade or building permits, including <br />foundation permits, are issued or construction of any nature is commenced <br /> <br />1. That the Applicant shall submit any and all other documentation and payments required <br />by the City to effectuate the transfer of development rights and further procedures being <br />developed to effectuate this program, notwithstanding the fact that such procedures may <br />be formally adopted subsequent to this particular approval, prior to submitting for <br />building permit. <br /> <br />2. That in the approval of the plan be substantially in accordance with that submitted for <br />public hearing. Plans are on file entided "SEA", prepared by The Seiger Suarez Architectural <br />Partnership consisting of 26 sheets dated 2-16-04 and 5 sheets dated revised 3-10-04, sheet <br />C-01 dated 10-31-03, sheet PH 1 dated 3-11-03, for a total of 33 sheets. Plans may be <br />modified at public hearing. <br /> <br />3. That upon the submittal of an application for a building permit, the plans submitted shall <br />meet with the approval of the Planning and Zoning Administrator and shall be consistent <br />with the specific Site Plan approved by the City Commission. Plans shall include all the <br />required elements of the Site Plan pursuant to the City's Land Development Regulations <br />and recommendations and these conditions. Should compliance with these conditions <br />and recommendations result in a change that would not be considered "minor" in <br />accordance with Section 265-18 (I) Code of the City of Sunny Isles Beach, the Applicant <br />shall be required to obtain another approval by the City Commission. <br /> <br />4. That a plot plan be submitted to the Planning and Zoning Administrator, Landscape <br />Architect and Planning Consultant including their in-house experts, for their review. The <br />plot plan shall include all easements proffered by the Applicant to the City, including but <br />not limited to (i) a beach access easement exactly as shown on the Site Plan and as <br />represented by the Applicant to the City Commission (the "Beach Access Easement"), <br />(ii) a ten-foot (10') landscaping streetscape easement as per the City Streetscape Master <br />Plan (the "Streetscape Easement"), and (iii) the 10,000 square foot public oceanfront park <br /> <br />04-Z-85 SEA <br /> <br />3 <br />