Resolution Zoning 04-Z- 83 - Laserfiche WebLink

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consideration was given to the matter and to the positive recommendation contained in the joint memorandum from the Planning and Zoning Administrator and the Planning Consultant; and WHEREAS, notice was provided to all interested parties regarding the Application; and WHEREAS, the City Commission reviewed the Application, the written and oral recommendations of the Planning and Zoning Administrator and the Planning Consultant and all outside consultants who render reports with respect to the Application, including the recommended conditions, and found substantial competent evidence to support a showing by the Applicant that the requests for the transfer of development rights and for site plan approval 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 for approval of the Property as a receiver site and for approval of the transfer of 65 dwelling units and 112,905 square feet of development rights from the City's TDR Bank to the Property, pursuant to Section 265-23 of the LDR's, is hereby granted, and, subject to conditions outlined herein, the City Commission finds such transfer consistent with the goals, policies and objectives of the Comprehensive Plan and the expressed purpose of Section 265-23 of Code of the City of Sunny Isles Beach as further amended by Ordinance No.2004-200. B. The Applicant's request for approval of the site plan submitted for the Project known as "Ocean IV" is hereby granted and said site plan is hereby approved, subject to the actual transfer of the development rights, and to all of the conditions provided in Section IV of this Resolution. IV. CONDITIONS A. Conditions to be completed before below grade or building permits, including foundation permits, are issued or construction of any nature is commenced 1. That the Applicant shall submit any and all other documentation and payments required by the City to effectuate the transfer of development rights and further procedures being developed to effectuate this program, notwithstanding the fact that such procedures may be formally adopted subsequent to this particular approval, prior to submitting for building permit. Ocean IV Final Resolution 2