Resolution Zoning 05-Z-99 - Laserfiche WebLink

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within the Beach Access Easements The plot plan shall show the type and size of plant materials, which shall be in compliance with the City's Streetscape Master Plan. (5) That the Applicant shall submit a Declaration of Restrictive Covenants (the "Declaration") in recordable form, in accordance with the provisions of Section 265- 23.7.1 (e) of the Code of the City of Sunny Isles Beach, acceptable to the Planning and Zoning Administrator, prior to issuance of a building permit. The Declaration shall proffer the Beach Access Easements, the landscaping Streetscape Easement and easements over, across, under and through all of these easements, all of which shall be fully accessible to the public and clearly designated, by means of signage approved in writing by the City Manager or its designee, as amenities open to all members of the public. The twenty-four (24) hour, valet parking services for owners and their guests shall be included in such Declaration. The requirement that there shall be no self parking and that all parking shall be by valet services only, which services shall be provided twenty-four (24) hours a day, seven (7) days per week, for so long as the Project shall exist, for all owners, guests, employees and other persons entering the Project, for whatever reason, except for delivery vehicles using the loading docks while engaged in making deliveries to the Property, and except for persons utilizing handicapped spaces pursuant to validly issued disabled parking passes, shall be included in the Declaration and in any Condominium documents recorded on the Property. (6) The Declaration of Restrictive Covenants shall specify that the proffered Beach Access Easements shall be fully landscaped and equipped with public amenities including, but not limited to, benches and lighting and one shower, one foot bath and one drinking water fountain (the "Public Amenities"), , the location, design and construction of which shall be subject to the approval of the City Manager. The Applicant shall maintain all of the easement parcels, including but not limited to the Beach Access Easements, including the lifts located at each end of the Primary Beach Access Easement, the Landscaping Streetscape Easement, and all Public Amenities, including the shower, footwash and drinking water fountain included within the easements, in perpetuity, to a standard reasonably acceptable to the City Manager. (7) That the applicant submit evidence of purchase of the required 42,368 square feet and 2 units of TDRs for the approval of the City administration, which shall then, in accordance with Section 265-23.7.2, of the Code of the City of Sunny Isles Beach, advise the City Commission that this condition has been met and which shall at the same time submit a resolution for approval of a revised Bank Statement, adjusted to reflect the approved site and the units of TDRs attributable to Mully SB LLC which Bank Statement shall also reflect all approved sites and the units of TDRs attributable to each site. (8) That the Applicant shall provide the City with a non-refundable deposit in the amount of ten percent (10%) of the approved purchased price of $3,959,713.30 for the TDRs purchased from the City Bank. The total amount of the deposit is $395,971. Failure to pay the required deposit within the three (3) working days of approval of TDR application and site plan application shall result in an automatic voiding of the City Commission approval of the Receiving Site, transfer of TDRs, site plan approval. DaVinc Reso 5 JV ~