Resolution Zoning 06-Z-106 - Laserfiche WebLink

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NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 01<' 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. The approvals set fOlih in this Section III are subject to (A) All of the conditions set forth in this Resolution; and (B) the voluntary proffer to the City of a mitigation fee in the amount of Two Hundred and Fifty Thousand Dollars ($250,000.00) to be used for drainage and related improvements for 172"d Street (the "Voluntary Mitigation Fee"), which shall be paid to the City of Sunny Isles Beach prior to the issuance of the Building Permit for the project. A. The Applicant's request for approval of the Property as a Receiver Site and for approval of the transfer of 101,640 square feet and 56 dwelling units of development rights from the Tract "B" Porto Bellagio TDR Sub bank of Jerry's Famous Deli, Inc. to the property, pursuant to Section 265-23 of the LDR's, is hereby granted, and, subject to all of the 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 amended. B. The Applicant's request for approval of the site plan submitted for the project known as "Epicure" is hereby granted and said site plan is hereby approved, subject to the actual transfer of the developmcnt rights, and to all of the conditions provided in this Resolution, including but not limited to those conditions set forth in Section IV of this Resolution. The failure of performance of any of these conditions shall be decmed a denial of this Application. C. The Applicant's request for approval of a variance from the requirements of Code Section 265-37F(4)(b) of the Land Development Regulations "Summary Chart B Town Center Sub- District: Building Massing by Street-Type", to reduce the setback requirements from the tower to pedestal and the penthouse to the tower, is hereby approved. IV. CONDITIONS. Conditions to be completed before below grade 01' building uermits are issued. (I) The Applicant shall submit any and other documentation and payments required by the City to effectuate the transfer of development rights and further procedures being developed to effectuate this program, not withstanding the fact that such procedures may be formally adopted subsequent to this particular approval, prior to submitting for building permit. Epicure Reso Z2006-06 Page40fll