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<br />WHEREAS, on March 22,2005, the City Commission conducted a public hearing on the
<br />Application; and
<br />
<br />WHEREAS, the public hearing of the City Commission was advertised and held as
<br />required by law, all interested parties concerned in the matter were heard, and due and proper
<br />consideration was given to the matter and to the positive recommendation contained in the joint
<br />memorandum from the Planning and Zoning Administrator and the Planning Consultant; and
<br />
<br />WHEREAS, notice was provided to all interested parties regarding the Application; and
<br />
<br />WHEREAS, the City Commission reviewed the Application, the written and oral
<br />recommendations of the Planning and Zoning Administrator and the Planning Consultant and all
<br />outside consultants who render reports with respect to the Application, including the
<br />recommended conditions, and found substantial competent evidence to support a showing by the
<br />Applicant that the requests for the Receiving Site approval, transfer of development rights, site
<br />plan approval and variance are, subject to all of the conditions set forth in this Resolution, in
<br />compliance with the Land Development Regulations and the Comprehensive Master Plan of the
<br />City and maintain the basic intent and purpose of the zoning, subdivision or other land use
<br />regulations, which is to protect the general welfare of the public, particularly as it affects the
<br />stability and appearance of the community, and, further, found that said requests should be
<br />granted, subject to: (A) All of the conditions set forth in this Resolution; (B) City Commission
<br />approval, at a public hearing to be held April 14, 2005, of (1) The purchase price to be paid by
<br />Applicant for the TDR's based on an appraisal to be prepared for the City; (2) The color palette;
<br />(3) Clarification of the number of required disabled parking spaces for the Project; and (C) The
<br />payment to the City, within 3 days of the City Commission approval of the purchase price, of a
<br />non refundable deposit in the amount of ten percent (10%) of the approved purchase price, (the
<br />"Ten Percent Deposit") in accordance with the TDR Ordinance;
<br />
<br />WHEREAS, failure to pay the Ten Percent Deposit within three days of the approval of
<br />the purchase price on April 14, 2005, but in no event later than 5 p,m, on Monday, April 18,
<br />2005, shall result in an automatic voiding of the Commission approval of the Receiving Site,
<br />transfer of TDR's, site plan approval, and variance, pursuant to Section 265-23.4(b)(1) of the
<br />TDR Ordinance, each element of the Application shall be deemed denied, and Applicant shall
<br />not be permitted to refile an application for development of the Property for one year, pursuant to
<br />Section 265-11 (g) of the LDR's,
<br />
<br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
<br />CITY OF SUNNY ISLES BEACH, FLORIDA, APPLICABLE TO APPLICANT, ITS
<br />SUCCESSORS OR ASSIGNS, AS FOLLOWS:
<br />
<br />II. INCORPORATION OF RECITALS.
<br />
<br />All recitals are incorporated into the body of this Resolution as if same were fully set forth herein.
<br />
<br />R05-Z-91 St. Tropez
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