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<br />RESOLUTION NO, 2006-.1Qlt.. <br /> <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY <br />ISLES BEACH, FLORIDA, ("CITY") AUTHORIZING THE TRANSFER OF <br />DEVELOPMENT RIGHTS ("TDRs") IN THE AMOUNT OF ONE HUNDRED <br />ONE THOUSAND SIX HUNDRED FORTY (101,640) SQUARE FEET OF <br />FLOOR AREA AND FIFTY SIX (56) DWELLING UNITS FROM THE TRACT <br />"B" PORTO BELLAGIO BANK TO JERRY'S FAMOUS DELI, INC., (THE <br />"APPLICANT"), (TDR2006-04), PURSUANT TO SECTION 265-23 OF THE <br />CITY'S LAND DEVELOPMENT REGULATIONS (LDR's), AND SITE PLAN <br />APPROVAL, PURSUANT TO SECTION 265-18 OF THE LDR's, TO PERMIT <br />THE DEVELOPMENT OF IS-STORY CONDOMINIUM TOWERS WITH A <br />TOTAL OF 243-RESIDENTIAL UNITS, ON THE PROPERTY LOCATED AT <br />17150-17190 COLLINS AVENUE, SUBJECT TO CONDITIONS; AND <br />PROVIDING FOR AN EFFECTIVE DATE. <br /> <br />WHEREAS, by Zoning Resolution No of.-Z-Ibl.adopted on December 14, 2006, JERRY'S <br />FAMOUS DELI, INC., (the "Applicant") commonly known as "Epicure" for the transfer of <br />TDRs' in the amount of 101,640 square feet of floor area and 56 dwelling units; and <br /> <br />WHEREAS, by Zoning Resolution No. 2005-784, on April 14, 2005, the City Commission <br />provided the Zoning Administrator or designee with the authority to transfer TDRs from the <br />Porto Bellagio Sub Bank; and <br /> <br />WHEREAS, the Zoning Administrator divided the Porto Bellagio Sub Bank accounts to <br />reflect the distribution ofTDRs; and <br /> <br />WHEREAS, the Porto Bellagio Sub Bank has the following sub-accounts: <br /> <br /> <br />I) Urbis and Key International, LLLP @81,675 square feet <br /> <br />2) Jerry's Famous Deli, Inc <br />3) Fort Apache Marina LLC <br /> <br />@101,640 square feet <br />@34,485 square feet <br /> <br />45 units <br />56 units <br />19 units <br /> <br />and; <br /> <br />WHEREAS, Jerry's famous Deli, Inc. now wish to transfer the combined total ofTDRs in <br />the amount of 101,640 square feet of floor area and 56 dwelling units the sub-accounts of Jerry's <br />Famous Deli, Inc, 101,640 square feet and 56 dwelling units and to be used in accordance with <br />Zoning Resolution No.()(.-Z-/()(.: and <br /> <br />WHEREAS, the property receiving the TDRs has the following legal description: <br /> <br />1 <br />