HomeMy WebLinkAbout2024-227-2301_-_Vista_Lago_Declaration_of_Restrictions_Amendment_-_Adopted.docxRESOLUTION NO. 2024-227-2301
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING THE DECLARATION
OF RESTRICTIONS FOR THE VISTA LAGO PROJECT
LOCATED NORTH OF NW 203RD STREET AND SOUTH OF NW
207TH STREET, BETWEEN NW 4TH AVENUE & NW 7TH
AVENUE, MORE PARTICULARLY DESCRIBED ON EXHIBIT "A"
ATTACHED HERETO, RELEASING THAT CERTAIN
REQUIREMENT TO CONSTRUCT A NEW GUARD GATE,
SPEED HUMPS AND STREET LIGHT UPGRADES; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on January 11, 2017 a public hearing was held proposing to rezone
the subject property as shown in Exhibit "A" from AU - Agricultural and Utilities to R-25
Multiple-Family Dwelling Residential and the application was denied, and
WHEREAS, subsequently, the Applicant filed a petition in court challenging the
City's denial of the rezoning and also filed claim under the Florida Land Use and
Environmental Dispute Resolution Act which was resolved by the applicant agreeing to
record a Declaration of Restrictive Covenant on the property and agreeing to provide for
certain improvements,
WHEREAS, Subsequently, the Applicant asserted that because those
improvements had to be approved by the Homeowners and the Homeowner's Association
(“HOAX”) had not given the Applicant the authority to move forward, that the Applicant
could not comply and as a result the City withheld Certificates of Occupancy (CO’s), and
WHEREAS, in response, the Applicant filed a lawsuit against the City citing to the
fact that the HOA had not cooperated as it relates to the off-site improvements and
therefore the City was improperly withholding the CO's; and although the Court heard
competing motions, the Court did not issue a ruling and encouraged the parties to attempt
to resolve the issue, and
WHEREAS, as a result, a Resolution adopted by the City on October 23, 2024
authorized a Settlement Agreement whereby the Applicant paid $33,035.40 to receive the
Certificates of Occupancy, which were issued by the City on November 18, 2024.
Additionally, the Applicant was to proffer this item seeking to amend the Covenant to
delete paragraphs 2(a), 2(d) and 2(e) pertaining to certain off-site improvements, and
WHEREAS, specifically, the Applicant is requesting a partial release of the
Covenant, eliminating the requirements to construct a new vehicular access gate at NW
207 Street and NW 7th Avenue, install speed humps/tables in Coconut Cay and upgrade
existing streetlights within Andover/Coconut Cay as shown in Exhibit "C", and
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Resolution No. 2024-227-2301
WHEREAS, the Applicant is agreeing to record an additional Covenant attached
as Exhibit “D,” relating to the 168 multi-family apartment units, whereby if within the next
five (5) years, the Andover Special Taxing District is amended to provide for a new
vehicular access gate at the intersection of NW 207th Street and NW 7th Avenue, that
the Applicant will not object to a modification of the Special Taxing District requiring each
individual apartment unit to share in the cost of the District, similar to the condominiums
regardless of whether a unit is individually owned or not,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA AS FOLLOWS:
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Resolution.
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens
hereby authorizes an Amendment to that certain Declaration of Restrictions for the Vista
Lago project located north of NW 203rd Street and South of NW 207th street, between
NW 4th Avenue & NW 7th Avenue, more particularly described on Exhibit "A" attached
hereto and further authorizes the acceptance of that Declaration attached hereto as
Exhibit “D.”
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately upon
its final passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS
AT ITS REGULAR MEETING HELD ON DECEMBER 11, 2024.
________________________________
RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: CAMERON BENSON, CITY MANAGER
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Resolution No. 2024-227-2301
Moved by: Councilman Leon
Seconded by: Vice Mayor Stephens
VOTE: 7-0
Mayor Harris Yes
Vice Mayor Stephens, III Yes
Councilwoman Baskin Yes
Councilman Leon Yes
Councilwoman Powell Yes
Councilwoman Wilson Yes
Councilwoman Julien Yes
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