HomeMy WebLinkAboutCC Legislation (Version 3)City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-01096cm Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING A MODIFICATION TO A DECLARATION OF RESTRICTIVE
COVENANTS DATED MARCH 31, 1997 AND RECORDED IN OFFICIAL
RECORDS BOOK 17604, PAGES 3735-3770, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTY LOCATED AT
APPROXIMATELY 1900 BRICKELLAVENUE, MIAMI, FLORIDA.
WHEREAS, the property located at approximately 1900 Brickell Avenue, Miami, Florida (the
"Property"), legally described in attached "Exhibit A," is subject to a Declaration of Restrictive
Covenants ("Covenant") dated March 31, 1997, recorded in Official Records Book 17604, Pages 3735
-3770, of the Public Records of Miami -Dade County, Florida; and
WHEREAS, the Planning, Zoning and Appeals Board, at its meeting on January 19, 2011, Item No.
PZAB.2, following an advertised public hearing, adopted Resolution No. PZAB-R-11-001 by a vote of
nine to zero (9-0), recommending approval with conditions to a modification of the previously -approved
Covenant; and
WHEREAS, any modification to the previously approved Covenant is subject to approval by the
Office of the City Attorney as to legal form and correctness; and
WHEREAS, the City Commission after careful consideration of this matter, finds that it is in the
best interest of the general welfare of the City of Miami and its inhabitants to approve modification of
the Covenant as follows:
1. Delete "Use Limitations Restriction C.", in its entirety.
2. Modify "Use Limitations Restrictions D. and E." to read as follows:
D. No changes shall be made to the use of the property or to the exterior or interior of
the building or the remainder of the property without first obtaining a Warrant, pursuant
to Article 7.1.2.4, of the Miami 21 Code.
E. Increases to the number of persons employed by the health clinic (medical office) at
the property; currently approved for three (3) including: the property owner/ plastic
surgeon, one nurse, and one clerical person, shall be considered through the Warrant
process, pursuant to Article 7.1.2.4, of the Miami 21 Code;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
City of Miami
Page 1 of 2 File Id: 10-01096cm (Version: 3) Printed On: 3/9/2011
File Number: 10-01096cm
Section 2. The modification of the Declaration of Restrictive Covenants dated March 31, 1997,
recorded in Official Records Book 17604, Page 3735-3770, of the Public Records of Miami -Dade
County, Florida, for the property located at 1900 Brickell Avenue, Miami, Florida, is approved.
Section 3. Modification to the previously -approved Covenant is subject to approval by the
Office of the City Attorney as to legal form and correctness.
Section 4. Except as expressly modified, all provisions of the Covenant continue in operative
force and effect.
Section 5. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {1}
APPROVED AS TO FORM AND CORRECTNESS:
Lsgia RI-ger-1\441211J.
JULIE O. B
CITY ATTORNEY
Footnotes:
{1 } If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 10-01096cm (Version: 3) Printed On: 3/9/2011