HomeMy WebLinkAbout2017-204-3309 - Lakeside TownhomesRESOLUTION NO. 2017-204-3309
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, ACCEPTING THAT CERTAIN
SECOND AMENDMENT TO DECLARATION OF RESTRICTIONS
ATTACHED HERETO AS EXHIBIT "A," RELATING TO THE
LAKESIDE TOWNHOMES PROJECT; PROVIDING FOR
INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on December 16^*^, 2005, a Declaration of Restrictions was recorded
in Official Records Book (ORB) 24058 at Page 2539 of the Public Records of Miami-
Dade County regarding the development approval of the Lakeside Townhomes project,
and
WHEREAS, the original Declaration included various maintenance Restrictions
and a prohibition on renting or leasing of townhomes within the property, and
WHEREAS, on December 19*'^, 2008, an Amended Declaration of Restrictions
was recorded in ORB 26692 at Page 1769, of the Public Records of Miami-Dade
County, Florida, and
WHEREAS, the Amended Declaration modified the leasing and renting
prohibitions to permit lease/purchase agreements until 2011, after which time no new
lease/purchase agreements could be entered into, and
WHEREAS, the current owner, SHE 60, LLC., along with the Lakeside
Homeowner's Association is seeking to amend the Declarations of Restrictions,
recorded in ORB 24058 at Page 2539 and ORB 26692 at Page 1769 of the Public
Records of Miami-Dade County, to allow leasing of units for a minimum of one hundred
and eighty (180) days.
Resolution No. 2017-204-3309 Page 1
WHEREAS, Staff recommends that the City Council accepts the amendment to
the Declaration of Restrictions in accordance with the request,
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: ACCEPTANCE OF DECLARATION: The City Council of the City of
Miami Gardens hereby accepts that Second Amendment to Declaration of Restrictions
attached hereto as Exhibit "A," relating to the Lakeside Townhomes project.
Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby
directed to record the Second Amendment to Declaration of Restrictions upon
execution.
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 DECEMER 13, 2017.
OLIVER GILBERT, III, MAYOR
ATTEST:
)NETTA TAYLOR?, MMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
Resolution No. 2017-204-3309 Page 2
SPONSORED BY; OLIVER GILBERT, III
Moved by: Vice Mayor Ighodaro
Seconded by: Councilwomen Odom and Davis
VOTE: 7-0
Mayor Oliver Gilbert, III _x_(Yes) (No)
Vice Mayor Erhabor Ighodaro, Ph.D. x (Yes) (No)
Councilwoman Lisa C. Davis _x_ (Yes) (No)
Councilman Rodney Harris x (Yes) (No)
Councilwoman Lillie Q. Odom _x_ (Yes) (No)
Councilwoman Felicia Robinson _x_ (Yes) (No)
Councilman David Williams Jr _x_ (Yes) (No
Resolution No. 2017-204-3309 Page 3
18605 NW 27th Avenue
Miami Gardens, Florida 33056
ADD ON ITEM
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: December 13th, 2017 Item Type: (Enter
X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box)
Yes
No
Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
x Public Hearing:
(Enter X in box)
Yes No Yes No
Funding Source: (Enter Fund & Dept.) Advertising Requirement: Yes No
X
Contract/P.O. Required: Yes No RFP/RFQ/Bid #: (Enter #)
X
Strategic Plan Related: Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy:
N/A X
Sponsor Name: Oliver G. Gilbert III,
Mayor
Department: Development Services
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, ACCEPTING THAT CERTAIN SECOND
AMENDMENT TO DECLARATION OF RESTRICTIONS ATTACHED
HERETO AS EXHIBIT “A,” RELATING TO THE LAKESIDE TOWNHOMES
PROJECT; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Background
On December 16th, 2005, a Declaration of Restrictions was recorded in the Public Records of Miami Dade County,
Florida, Book 24058, Page 2539 regarding the development approval of the Lakeside Townhomes project. The
original Declaration included various maintenance Restrictions and a prohibition on renting or leasing of
townhomes within the property.
On December 19th, 2008, an amended Declaration of Restrictions was recorded in the Official Records Book
26692, Page 1769, of the Public Records of Miami-Dade County, Florida. The Amended Declaration modified the
Lakeside Townhomes (PZ-2017-002174)
Amended Declaration of Restrictions 2017
leasing and renting prohibitions to permit lease/purchase agreements until 2011, after which time no new
lease/purchase agreements could be entered into.
Current Situation
The Lakeside Townhomes Homeowners Association (HOA), Inc. and SHE 60, LLC are seeking to amend the
covenants of the Declaration of Restrictions recorded in O.R.B. 24058, Page 2539 and O.R.B 26692, Page 1769 as
follows:
Restrictive covenant number three (3), Maintenance Restrictions of the Declaration of Restrictions. The
request to amend item 3 (xv) “to limit renting and leasing to a minimum term of one hundred and eighty
(180) consecutive days as to the units owned by the Owner, located on the property.”
The Declaration of Restrictions was proffered at a Public Hearing to the City Council; therefore, it must be
released and/or amended by action of the City Council. The purpose of the request is to permit the applicant to
amend the existing Declaration of Restrictions in order to allow leasing of units for a minimum of 180 days.
Proposed Action:
Recommend adoption of the Resolution.
Attachments: Exhibit “A” – Proposed Amendment
Exhibit “B” – Declaration of Restrictions recorded in O.R.B.24058, Page 2539
and O.R.B. 26692, Page 1769
Exhibit “C” – Resolution No. 2008-213-901-Z-82