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Resolution: R-12-0229
This submittal needs to be schedu Led bra public hearing
In accordance wilt timelines set forth in the City of
Miami Code. The applicade decision -making body will
renew the Int-ormaion at the pubec hearing to render a
recommendation or a final dada on.
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 ATAPPROXIMATELY 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. Modify "Use Limitations Restriction A.", to read as follows:
A. The use of the health clinic (medical office) shall be limited to consultation as an
outpatient facility only, with no overnight stays.
2. Delete "Use Limitations Restriction C.", in its entirety.
3. 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;
4. The applicant shall submit a covenant amendment for approval of content by the City
Planning Director and approval as to legal form and correctness by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
City of Miami Page 1 of 2 File Id: 10-01096cm (Version: 4) Printed On: 11/20/2017
File Number: 10-01096cm Enac
Section 1. The recitals and findings contained in the Preamble to this Resol
by reference and incorporated as if fully set forth in this Section.
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Section 2. The modification of the Declaration of Restrictive Covenants dated
recorded in Official Records Book 17604, Page 3735-3770, of the Public Records of Mia
County, Florida, for the property located at 1900 Brickell Avenue, Miami, Florida, is approved.
This submittal needs to be schebu led for public hearing
In accordance wilt Inmellnes set forth in the City of
Miami Code. The appllcade aeoislon-making body will
renew the Int-ormaion at the pubec hearing to render a
recommendation or a final dada on.
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}
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: 4) Printed On: 11/20/2017