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<br />(2) That upon the submittal of an application for building permit, the plans submitted shall <br />meet with the approval of the Planning and Zoning Administrator and be consistent with <br />the specific site plan approved by the City Commission. Plans shall include all the required <br />elements of the site plan pursuant to the City's Land Development Regulations and <br />recommendations and conditions. Should compliance with the conditions and <br />recommendations result in a change that would not be considered "minor" in accordance <br />with Section 265-18(1), the Applicant shall be required to obtain another approval of the <br />City Commission. <br /> <br />(3) That the project shall be developed substantially in accordance with the plans submitted for <br />the December 14, 2006 public hearing for the plans that are on file and may be examined in <br />the Planning and Zoning Department entitled "Epicure", prepared by Martin A.D. Yabor & <br />Assoc., Inc. Architects Planners Interior Design, consisting of 28 sheets dated stamped <br />revised 11-16-06 and plans entitled "Sketch of Survey", consisting on 3 sheets prepared by <br />Schwelke-Siskin & Associates, Inc., dated stamped 11-04-06 and plans entitled "Pavement <br />Marking Plan" "Prcliminary Civil Engineering Design Plan", consisting of 4 sheets <br />prepared by Robayna and Associates Inc. Engineers. Planners, Surveyors dated stamped <br />revised 11-09-06, plans entitled "Planting Plan First Level Quadrant A" "Planting Plan <br />First Level Quadrant B" "Planting Plan Fifth Level" "Planting Plan Amenities Level" <br />"Planting Notes & Details" "Hardscape Plan First Level Quadrant A" "Hardscape Plan <br />First Level Quadrant B", consisting of 7 sheets prepared by Witkin Design Group <br />Landscape Architecture and Planning datcd stamped revised 11-10-06. Plans may be <br />modified at public hearing. <br /> <br />(4) That a plot plan be submitted to the Planning and Zoning Administrator, landscape <br />Architect and Planning Consultant including their in-house experts, for their review. The <br />plot plan shall include all easements proffered by the Applicant to the City, including but <br />not limited to a ten foot (10') landscaping streetscape and pedestrian easement in <br />accordance with the City Streetscape Master Plan (the "Streetscape Easement"). The plot <br />plan shall show the type and size of plant materials, which shall be in compliance with the <br />City's Streetscape Master Plan. <br /> <br />(5) That the Applicant shall submit a Declaration of Restrictive Covenants (thc "Declaration") <br />in recordable form, in accordance with the Code of the City of Sunny Isles Beach, <br />acceptable to the City, prior to the issuance of a building permit. The Declaration shall <br />proffer the Streetscape Easement over, across, under and through the easement. The <br />Declaration of Restrictive Covenants shall specify the use of the proffered easement and <br />establish that the easement shall be placed in perpetuity. <br /> <br />(6) That the Applicant shall submit evidence of purchase of the required 101,640 square feet <br />and 56 units of TDRs for the approval of the City Administration, which shall then, in <br />accordance with Section 265-23 of the Code of the City of Sunny Isles Beach, advise the <br />City Commission that this condition has been met and which shall at the same time submit <br />a resolution for approval of a revised Bank Statement, adjusted to reflect the approved site <br /> <br />Epicure Reso Z2006-06 <br /> <br />Page 5 of 11 <br />