HomeMy WebLinkAboutReso 2012-1859
RESOLUTION NO. 2012 - \ ~ 59-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, APPROVING THE ASSIGNMENT OF 2,644
SQUARE FEET OF TRANSFER OF DEVELOPMENT RIGHTS ("TDRs")
FROM ABUS, LLC ("ABUS") TO CHATEAU BEACH, LLC ("CHATEAU");
PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH
THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE
THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Abus, LLC currently owns 2,644 square feet of TDRs and 2 units in a TDR
bank established by the City; and
WHEREAS, on February 9, 2012, Abus entered into as assignment of transfer of
development rights with Chateau Beach, LLC, wherein Abus assigned and transfened 2,644 square
feet ofTDRs held in the account designed for and held for Abus to Chateau Beach, LLC as assignee;
and
WHEREAS, the City has reviewed the assignment of transfer of development rights
agreement between Abus and Chateau and has no objection to the documentation or assignment of
transfer of2,644 square feet ofTDRs to Chateau.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approving of Assignment. The City hereby approves the assignment of2,644 square
feet of TDRs and two (2) units from Abus to Chateau, a copy of the assignment agreement is
attached hereto as Exhibit "A" The City shall establish a TDR bank account in the amount of2,644
square feet ofTDRs with 2 units for Chateau.
Section 2. Authority of the City Manager and City Attorney. The City Manager and the City
Attorney are authorized to do all things necessary to effectuate this Resolution.
Section 3.
Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this I {(>~ day of February, 2012.
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ATTEST:
~l\~
Jane A. Hines, CMC, City Clerk
Vote: 6~
Mayor Edelcup
Vice Mayor Thaler
Commissioner Aelion
Commissioner Gatto
Commissioner Scholl
-1L- (Yes)
V (Yes)
V (Yes)
V (Yes)
~(Yes)
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Moved by:
Seconded by:
_(No)
_(No)
_(No)
_(No)
_(No)
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c.~l'NN\\~~ 1~1'V'cXL ~ ~\() I\J
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33 160
(305) 947-0606 City Hall
(305) 949-3 II 3 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Isaac Aelion, Commissioner
Jeannette Gatto, Commissioner
George "Bud" Scholl, Commissioner
Alan J. Cohen, City Manager
Hans Ottinot, City Allorney
Jane A. Hines, CMC, City Clerk
MEMORANDUM
The Honorable City Commissi~ V
Hans Ottinot, City Attorney Lq>fU
February 16,2012
Removal of Use Restriction and Assignment of TDRs Resolution
Recommendation:
This Resolution is presented for your consideration.
Reasons:
Abus, LLC ("Abus") has purchased 2,644 square feet of transfer of development rights
("TDR's") and two (2) units from Jerry's Famous Deli, Inc. ("Jerry's"). The TDRs owned by
Jerry's is restricted to properties on the west side of Collins Avenue. Jerry's has requested the
removal of the use restriction for just 2,644 square feet of TDRs from the total amount 101,640
TDRs owned by Jerry's. The use restriction will continue to apply to the remaining balance of
TDRs owned by Jerry's.
Additionally, Abus has assigned the TDRs to Chateau Beach, LLC. The City Commission is
required to consent to the assignments.
A ~~ -O/U
Agenda Item \ [J Q
Date 2 - \ L, - \ 2