HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 14204
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), RESCINDING RESOLUTION NO. R-12-0229,
ATTACHED AS EXHIBIT "D"; TO RELEASE THE DECLARATION OF
RESTRICTIVE COVENANTS, ATTACHED AS EXHIBIT "C," FOR THE
PROPERTY GENERALLY LOCATED AT 1900 BRICKELL AVENUE,
MIAMI, FLORIDA ("THE PROPERTY"), MORE PARTICULARITY
DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately, 1900 Brickell Avenue
APPLICANT(S): Dr. Jorge Suarez Menendez
PURPOSE: The Applicant request a Special Appearance, to rescind Resolution: R-12-0229, as described
in Exhibit D and to rescind and replace both Resolution 97-73, as described in Exhibit B, and the Special
Exception and the corresponding Declaration, as described in Exhibit C, on a property generally located
at 1900 Brickell Avenue, as described in Exhibit A.
FINDING(S):
PLANNING DEPARTMENT: Recommended the approval to rescind Resolution: R-12-0229 to rescind
and replace both Resolution 97-73, and the corresponding Declaration of Restrictive Covenants.
City of Miami
Legislation
Resolution
Enactment Number: R-23-0346
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14204 Final Action Date:7/27/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
RESCINDING RESOLUTION NO. R-12-0229, ATTACHED AS EXHIBIT "D"; TO
RELEASE THE DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AS
EXHIBIT "C," FOR THE PROPERTY GENERALLY LOCATED AT 1900 BRICKELL
AVENUE, MIAMI, FLORIDA ("THE PROPERTY"), MORE PARTICULARITY
DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on January 23, 1997, the Miami City Commission approved Resolution No.
R-97-73, attached as Exhibit "B," to permit a Health Clinic in connection with the Property along
with a Special Exception and a Declaration of Restrictive Covenants ("Covenant") that was
voluntarily proffered by Dr. Suarez -Menendez and accepted by the City Commission, attached
and incorporated as described in Exhibit "C," for the property generally located at 1900 Brickell
Avenue (the "Property"); and
WHEREAS, on June 14, 2012, the Miami City Commission approved Resolution No. R-
12-0229 approving a modification to the 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; and
WHEREAS, the Applicant specifically seeks a release from the Covenant for the
Property ; and
WHEREAS, Section 6 — "Amendment and Modification" of the Declaration of Restrictive
Covenants allows the Applicant to make these requested modifications subject to City
Commission approval, as described in Exhibit "C"; and
WHEREAS, on June 15, 2023, the Covenant Release Committee met and
recommended the Applicant's request to release the Covenant for the Property; and
WHEREAS, the Covenant may be released by written instrument executed by the
Owner of the Property subject to the Covenant, with the approval of the City Commission; and
WHEREAS, the zoning classification for the Property is currently "T5-R, Urban Center
Zone pursuant to Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as
amended ("Miami 21 Code"); and
WHEREAS, the Planning Department recommends the approval to rescind Resolution:
R-12-0229 and release the Covenant as presented by the Applicant; and
WHEREAS, the approval to rescind Resolution: R-12-0229 and to release the Covenant
is subject to being approved, by the City Attorney's Office as to legal form and correctness; and
WHEREAS, the Planning Department has reviewed the application and finds the
proposed Special Appearance to rescind Resolution: R-12-0229 and to release the Covenant is
consistent with the goals of the Miami 21 Code by promoting the public health, safety, morals,
convenience, comfort, amenities, prosperity, and general welfare of the City; and
WHEREAS, the Miami 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 the release of the recorded Covenant;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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.
Section 2. The Applicant's request to rescind Resolution No. R-12-0229 and to release,
the recorded Covenant attached as Exhibit "C," is hereby approved, and the City Manager is
hereby authorized to execute a release.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
end ez, �i�y Httor ey 7/17/2023