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<br />WHEREAS, the public hearing of the City Commission was advertised and held as required <br />by law and all interested parties concerned in the matter were heard, and upon due and proper <br />consideration having been given to the matter and to the recommendations of both the Zoning and <br />Code Administrator and the Director of Community Planning and Development with respect to all <br />requests: <br /> <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, THAT: <br /> <br />1. Request number 1 is hereby withdrawn by the applicant and Request number 2 is hereby <br />approved but modified to permit an FAR variance no higher than 3.8 subject to the conditions <br />listed in paragraph 2 hereinbelow. <br /> <br />2. Request numbers 3 through 5 are hereby approved subject to the following conditions: <br /> <br />a. That a site plan be submitted to and meet with the approval of the Building Official <br />upon the submittal of an application for a building permit; said plans to include among <br />other things but not limited to, location of structure or structures, types, sizes and location <br />of signs, light standards, off street parking areas, exits and entrances, drainage, walls, etc. <br /> <br />b. That in the approval of the plan, the same be substantially in accordance with that <br />submitted for hearing entitled "Ocean Three", prepared by Seiger, Suarez Architectural <br />Partnership consisting of 29 sheets dated stamped received 01/25/01, as modified to <br />address FAR change as set forth in paragraph 1 hereinabove. <br /> <br />c. That the use be established and maintained in accordance with the approved plans. <br /> <br />d. That the applicant submit to the Departments for review and approval a landscaping <br />plan which indicates a 10 foot wide easement (such easement to be proffered by the <br />applicant subject to Paragraph j hereinbelow) along Collins Avenue front setback to <br />enable the undergrounding of utilities and implementation of the streetscape master plan. <br />The type, size of plant materials, lighting and street furniture shall be in compliance with <br />the streetscape master plan, prior to the issuance of a building permit, and shall installed <br />prior to the issuance of a Certificate of Use and Occupancy. <br /> <br />e. That the applicant submit a Declaration of Restrictive Covenants acceptable to the <br />City, which provides for beach access and landscaping easements over, across, under and <br />through the such easement parcels, as are shown on the approved plans, and that renders <br />the applicant responsible for the maintenance of said easements. <br /> <br />f. That the applicant submit, prior to the issuance of the Certificate of Occupancy, a <br />Declaration of Restrictive Covenants providing for the planning and construction of a <br />public park to be located on the west side of Collins Avenue in accordance with the legal <br />description set forth in Exhibit "A." Said Declaration shall provide that prior to the <br />issuance of the first certificate of occupancy for the project, but in any event, no later <br />than 90 days following owner's acquisition of fee title to the Park Parcel, the Applicant <br /> <br />Resolution No. OI-l-58 New Beacharbour <br />LMD:ch <br />LegislationlResolutions/ Attorney <br /> <br />2 <br />