HomeMy WebLinkAboutO-11126J-94-17
12/22/93
ORDINANCE NO. 11126
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, BY CHANGING THE ZONING
CLASSIFICATION FROM R-2 TWO-FAMILY
RESIDENTIAL TO G/I GOVERNMENT AND
INSTITUTIONAL, FOR PROPERTY LOCATED AT 1103
AND 1135 SOUTHWEST 34TH AVENUE, 3300, 3314
AND 3338 SOUTHWEST 11TH STREET AND 1112 AND
1120 SOUTHWEST 33RD AVENUE, MIAMI, FLORIDA,
(MORE PARTICULARLY DESCRIBED HEREIN); AND BY
MAKING ALL THE NECESSARY CHANGES ON PAGE NO.
40 OF SAID ZONING ATLAS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
WHEREAS, the Miami Zoning Board at its meeting of
December 6, 1993, Item No. 1, following an advertised hearing,
adopted Resolution No. ZB 121-93, by a nine to zero (9-0) vote,
RECOMMENDING APPROVAL of a change of zoning classification, as
hereinafter set forth; and
WHEREAS, the City Commission, after careful consideration of
this matter, deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to grant
this change of zoning classification as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The Zoning Atlas of Ordinance No. 11000, as
amended, the Zoning Ordinance of the City of Miami, Florida,
11126
Article 4, Section 401, Schedule of District Regulations, is
hereby amended by changing the zoning classification from R-2
Two -Family Residential to G/I Government and Institutional, for
property located at 1103 and 1135 Southwest 34th Avenue, 3300,
3314 and 3338 Southwest llth Street and 1112 and 1120 Southwest
33rd Avenue, Miami, Florida, also described as Tract 2,
BOUNDARIES OF WOODLAWN CEMETERY, according to the Plat thereof as
recorded in Plat Book 44 at Page 7 of the Public Records of Dade
County, Florida, and all of Block 6 (lying northerly of said
Tract 2), TAMIAMI PINES, according to the Plat thereof as
recorded in Plat Book 14 at Page 23 of the Public Records of Dade
County, Florida; and by making all the necessary changes on Page
No. 40 of said Zoning Atlas.
Section 2. It is hereby found that this zoning
classification change:
(a) is in conformity with the adopted Miami Comprehensive
Neighborhood Plan;
(b) is not contrary to the established land use pattern;
(c) will not create an isolated district unrelated to
adjacent and nearby districts;
(d) is not out of scale with the needs of the neighborhood
or the City;
(e) will not materially alter the population density
pattern or increase or overtax the load on public
facilities such as schools, utilities, streets, etc.;
(f) is necessary due to changed or changing conditions;
- 2 - 11126
(g) will not adversely influence living conditions in the
neighborhood;
(h) will not create or excessively increase traffic
congestion or otherwise affect public safety;
(i) will not create a drainage problem;
(j) will not seriously reduce light and air to adjacent
area;
(k) will not adversely affect property values in the
adjacent area;
(1) will not be a deterrent to the improvement or
development of adjacent property in accord with
existing regulations; and
(m) will not constitute a grant of special privilege to an
individual owner so as to compromise the protection of
the public welfare.
Section 3. Page No. 40 of the Zoning Atlas, made a part
of Ordinance No. 11000, as amended, the Zoning Ordinance of the
City of Miami, Florida, by reference and description of said
Ordinance, is hereby amended to reflect the changes made
necessary by this amendment.
Section 4. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 5. If any section, part of section, paragraph,
clause, phrase, or word of this Ordinance is declared invalid,
the remaining provisions of this Ordinance shall not be affected.
- 3 - 11126
Section 6. This Ordinance shall become effective ninety
(90) days after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this
of January , 1994.
27th
day
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 24th
ATTES
MA TY HIRAI
CITY CLERK
day of February 41994.
ST PHEN P. CLAR , MAYOR
PREPARED AND APPROVED BY:
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
v
A. QLrllqN
CITY ATTO
GMM/awa/MI075
S, II
1
- 4 - 11126
LOCATION/LEGAL
APPLICANT/OWNER
ZONING
ZONING FACT SHEET
PZ05
1103 & 1135 SW 34 Ave.; 3300, 3314 & 3338 SW 11 St. and 1112 & 1120 SW 33 Ave.
Tract 2, BOUNDARIES OF WOODLAWN CEMETERY (44-70) and all of Block 6 lying Northerly
of said Tract 2, TAMIAMI PINES (14-23) PRDCF
Woodlawn Park Cemetery Co. Fla. Corp.
3260 SW 8 Street
Miami, Florida 33135
445-5425
R-2 Two -Family Residential
Samuel E. Poole, Esq.
701 Brickell Avenue #3000
Miami, Florida 33131
789-7709
REQUEST Change of zoning classification as listed in the Zoning Atlas of Ordinance No.
11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section
401, Schedule of District Regulations, from R-2 Two -Family Residential to G/I
Government and Institutional.
RECOMMENDATIONS:
PLANNING, BLDG & ZONING Approval.
PUBLIC WORKS No comments.
PLAT AND STREET N/A
DADE COUNTY TRANSPORTATION No comments.
ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A Last Hearing Date: N/A Found: N/A
Violation(s) Cited: N/A
Affidavit of Non -Compliance issued on: N/A Daily Fine: $0.00
Lien Recorded on: N/A Total Fines To Date: N/A
CEB Action: N/A
HISTORY
ANALYSIS The proposed zoning change from'R-2 Two Family Residential to G/I Government/Institutional is
being requested in order to expand the Woodlawn Park Cemetery to acomodate approximately 2,000
crypts. This cemetery expansion will have little, if any, additional impact beyond the
boundaries of the cemetery. The Planning Building and Zoning Department recognizes the need to
accommodate limited cemetery expansion within the city and is recommending approval of this
petition.
ZONING BOARD Recommended for approval to City Commission. (Res. No. 121-93)
APPELLANT N/A
CITY COMMISSION Passed 1st Reading CC1/27.
APPLICATION NUMBER 93- 211 Page 1 December 6, 1993 11126
ANALYSIS OF PROPOSED ZONING CHANGE
APPLICATION NUMBER 93- 211
Yes No N/A
X
The proposed change is in harmony with the adopted Miami Compre-
hensive Neighborhood Plan, 1989-2000, and does not require a plan
amendment.
X
The proposed change is in harmony with the established land use
pattern.
X
The proposed change is related to adjacent and nearby districts.
X
The change suggested is within scale with the needs of the neigh-
borhood or the City.
X
The proposed change maintains the same or similar population
density pattern and thereby the load on public facilities such as
schools, utilities, streets, etc. is the same.
X
Existing district boundaries are illogically drawn in relation to
existing conditions on the property proposed for change.
X
There are changes or changing conditions that make the passage of
the proposed change necessary.
X
The proposed change positively influences living conditions in
the neighborhood.
X
The proposed change has the same or similar impact on traffic and
does not affect public safety as the existing classification.
X
The proposed change has the same or similar impact on drainage as
the existing classification.
X
The proposed change has the same or similar impact on light
and air to adjacent areas as the existing classification.
X
The proposed change has the same or similar impact on property
values in the adjacent areas as the existing classification.
X
The proposed change will contribute to the improvement or deve-
lopment of adjacent property in accord with existing regulations.
X
The proposed change conveys the same treatment to the individual
owner as to the owner within the same classification and the
immediate area; and furthers the protection of the public welfare.
X
There are substantial reasons why the use of the property is
unfairly limited under existing zoning.
X
It is difficult to find other adequate sites in the surrounding
area for the proposed use in districts already permitting such
2
use.
02/01/94
December 6, 1993 Item# 1
11126
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Mr. Osvaldo Moran-Ribeaux offered the following
Resolution and moved its adoption.
RESOLUTION ZB 121-93
AFTER CONSIDERING THE FACTORS SET FORTH IN
ZONING ORDINANCE NO. 11000, AS AMENDED, THE
ZONING BOARD RECOMMENDED APPROVAL TO THE CITY
COMMISSION OF THE CHANGE OF ZONING IN THE
OFFICIAL ZONING ATLAS OF THE ZONING ORDINANCE
NO. 11000, ARTICLE 4, SECTION 401, SCHEDULE
OF DISTRICT REGULATIONS, FROM R-2 TWO FAMILY
RESIDENTIAL TO G/I GOVERNMENT AND
INSTITUTIONAL, FOR THE PROPERTY LOCATED AT
1103 & 1135 SW 34 AVENUE, 3300, 3314 & 3338
SW 11 STREET AND 1112 & 1120 SW 33 AVENUE,
ALSO DESCRIBED IN ATTACHED EXHIBIT "A" (REAL
ESTATE EXHIBIT). FURTHER RECOMMENDING TO THE
CITY COMMISSION THAT APPROPIATE LANDSCAPING ,
WALL MAINTENANCE, CURB AND GUTTER BE
PROVIDED.
Upon being seconded by Mr. Ronald Fox, the motion was
passed and adopted by the following vote:
AYES: Ms. Basila and Morales
Messrs. Sands, Alonso-Poch, Moran Ribeaux
Barket, Luaces, Fox and Gener
NAYES: None.
ABSENT: Mr. Millian
Ms. Fernandez: Motion carries 9 to 0.
December 6, 1993 Item #1
Zoning Board
S
11126
APPLICATION FOR AMENDMENT TO ZONING ATLAS File Number 92-
Wt Woodlawn Park Cemetery Co., a Florida Como at;nn
hereby
apply to the City Commission of the City of Miami for an amendment to the Zoning Atlas of the City of
Miami as more particularly described herein and, in support of that request, furnish the following
information:
X 1. Address of property: See Exhibit ,A,, attarhpd herctrn
X 2. Two surveys, prepared by a State of Florida Registered Land Surveyor.
X 3. Affidavit disclosing ownership of property covered by application and disclosure of interest.
(See attached form.)
X 4. Certified list of owner of real estate within a 375-foot radius of the outside boundaries of
property covered by this application. (See attached form.)
X 5. At least two photographs that show the entire property (land and improvements.)
X 5. Atlas sheet(s) on which property appears: 4 0 _
x 7. Present zoning designation(s): R-2 Two Family Residential
_2L_ 8. Proposed zoning des ignation(s) : G/I Government and Insti t„t; cna 1 .
X 9. Statement explaining why present zoning designation is inappropriate. (See attached form.)
10. Statement as to why proposed zoning designation is appropriate. (See attached form.)
11. Other (Specify) :.
X 12. Filing fee of $ --according to following schedule:
$ 2�9.79* A
Change of zoning classification to:
CS, PR, R-1, R-2, per square foot of net lot area ............. S 0.12 ,
Minimum ....................................................... $550.00
R-3, R-4, 0, 6/I, per square foot of lot area ............. S 0.16
Minimum....................................................... $650.00
C-1, C-2, I, per square foot of net lot area .................. S 0.20
Minimum....................................................... $750.00
CBO and all SO's, per square foot of net lot area ............. 0.22
Minimum ...... ............................
50.00
*$10,593.79 Change of zoning Signature: Classification Samuel 'E-. Poole, Esq.
$1,236.00 For mailing to property Name: Holland & Knicht
owners 701 Brickeil Avenue, Suite 3000
$1,000.00 Comprehensive Plan Change Address: NLtami, Florida 33131
Requirement
Phone: (305) 789-7709
STATE OF FLORIDA } SS:
COUNTY OF DADE } *as attorney for and the authorized agent of 67oodlawn Park Cemetery Company,
Samuel E. Poole, Esq. * being duly sworn, deposes and says that he is the (Owner) (Authorized Agent for
Owner) of the real property described in answer to question 1 above; that he has read the foregoing answers
and that the same are true and complete; and (if acting as agent for owner) that he has authority to exccute
this . et i t i on beha 1 f ofd tcliQ is personally known to me wed-
annot' take an oath. ---►TEAL;
SWORN TO AND SUBSCRIBED
before me this �;' day of (.�Cfi i;� 19 3.
"ter
MY COMMISSION EXPIRES: Notary Public, State of Florida at Large
No:o.y Fublk.:;,ta7
Mr Crwrri;;:S ! :x ::.:; ;
11126
n
STATEMENT SUBMITTED IN SUPPORT OF THE
APPLICATION FOR AMENDMENT TO ZONING ATLAS BY
WOODLAWN PARR CEMETERY COMPANY
This statement is submitted respectively herewith by WOODLAWN
PARK CEMETERY COMPANY pursuant to Sections 9 and 1D of the
Application for Amendment to Zoning Atlas:
The cemetery use for the Woodlawn Park Cemetery and Mausoleum,
located at 3260 SW 8th Street, Miami, Florida, dates back to 1913,
prior to the existing City of Miami zoning districts.' When the
cemetery use began, the property was literally miles from residen-
tial development, and in fact could be reached only over the
Tamiami Trail, then nothing more than a dirt road. The Cemetery
today is the only cemetery facility in the zoning district and is
surrounded by a high -density urban population, high-rise buildings
and commercially zoned properties.
Unlike any other enterprise serving a community, a cemetery's
"inventory" consists exclusively of burial sites (i.e. real
estate). That inventory is depleted by the burial services which
a cemetery provides the community. Currently, and based upon
conservative projections, there is an insufficient reserve of
burial sites at Woodlawn Park Cemetery and Mausoleum to accommodate
the local community. This existing hardship is the result of
surrounding urban growth and a rapidly increasing population.
Despite systematic planning over time to provide maximum burial
services to the community, the Cemetary believes the only way to
presently ameliorate these hardships is through lateral expansion.
Woodlawn Park Cemetery Company has done nothing extraordinary
or unusual to contribute to the existing problem at the Cemetery.
The Cemetery has been developed in the ordinary course over a long
period of time, finding itself, upon occasion, with an insufficient
reserve of burial sites to adequately serve the public interest.
Woodlawn Park Cemetery Company began acquiring property immediately
adjacent to the Cemetery (the "Adjacent Parcels") as early as 1961
in anticipation that the Cemetery would eventually become less
functional than during the early stages. The Adjacent Parcels are
more particularly described on the Real Property Exhibit attached
hereto.
Woodlawn Park Cemetery Company requests a change in the
present R-2 zoning designation of the Adjacent Parcels to a G/I
zoning classification in order to enable the Cemetary to laterally
expand its depleted burial facilities. Lateral expansion at this
time is the only way which the Cemetery can presently respond to
the current needs of the surrounding and expanding community. The
amendment to the Zoning Atlas will allow Woodlawn Park Cemetery
Company to continue to provide the community with much needed
burial services by forestalling the final exhaustion of its real
estate inventory in this, the only Cemetery in the applicable
11126
zoning district. Approval of the amendment will allow Wood7awr_
Park Cemetery Company the opportunity to continue providing the
burial services it has, since 1913, provided the community without
injuring the neighborhood or otherwise causing detriment to t;.e
public welfare.
If the amendment to the Zoning Atlas is granted, the Adjacent
Parcels will be annexed, physically separated and substantially
screened from the nearby community by extensive plantings of trees,
shrubs and other flora which will create a park like quality to the
expanded Cemetery and buffer exterior property owners from negative
impact.
r�J
*Woodlawn Park Ceme. Company, a _710ri a cor-)orat_or.
**and that he is the attorne,; for and
A F F I D A V I T
STATE OF FLORIDA }
} SS
COUNTY OF DADE }
Before me, the undersigned authority, this day personally appeared
S&T,uel E. Poole. Esci., who being by me first duly sworn, upon oath, deposes
and says:
*
**
1. That �ft is the owner, the legal representative of the owner,
submitting the accompanying application for a public hearing as .required by
Ordinance 11000 of the Code of the City of Miami, Florida, affecting the real
property located in the City of Mimi, as described and listed on the pages
attached to this affidavit and made a part thereof.
2. That all owners which he represents, if any, have given their full
and complete permission for him to act in their behalf for the change or modifica-
tion of a classification or regulation of zoning as set out in the accompanying
petition.
3. That the pages attached hereto and made a part of this affidavit
contain the current names, mailing addresses, phone numbers and legal descriptions
for the the real property of which he is the owner or legal representative.
4. The facts as represented in the application and documents submitted
in conjunction with this affidavit are true and correct.
Further Affiant sayeth not.
____L4, ✓- (SEAL)
(Naje) Sanuel E. 'Poole, Esq. , as the attorney for
and authorized agent of Woodlawn Park Cemetery
Sworn to and Subscribed before me Canpany
this day of CO V (, 193.
10
Notary Public, State of Florida at large
see notary certificate attached.
My Commission Expires:
11126
OWNER'S LIST
Owner's Name Woodlawn Park Celnetary Ccr=anv
Mailing Address P.O. Box 141418, Miami, FL 33114-1418
Telephone Number (305) 445-5425
Legal Description: See Attached Real Property Exhibit
Owner's Name
Mailing Address
Telephone Number -
Legal Description:
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Any other real estate property owned individually, jointly, or severally (by corporation,
partnership or privately) within 375 feet of the subject site is listed as follows:
Street Address Legal Description
3260 S.W. 8th Street
Miami, FL 33135
Street Address
Street Address
Woodlawn Park Subdivision
Plat Book Number 44, Page 70
Legal Description
Legal Description
11126
STATE OF FLORIDA )
)ss:
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this
day of _-.K 1993, by Samuel E. Poole, Esq., as the
attorney for and the authorized agent of Woodlawn Park Cemetery
Company, a Florida corporation, on behalf of the corporation. He
is personally known to tee-- rrod sd - as
identification and di did not,take an oath.
Print Name:
Notary Public, State of Florida
My commission expires:
MIA-164786
12
11126
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
See attached Real Property Exhibit
2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami
Ordinance No. 9419 requires disclosure of all parties having a financial interest,
either direct or indirect, in the subject matter of a presentation, request or
petition to the City Commission. Accordingly, question i2 requires disclosure of
shareholders of corporations, beneficiaries of trusts, and/or any other interested
parties, together with their addresses and proportionate interest.
See attached Ownership Exhibit
3. Legal description and street address of any real property (a) owned by any party
listed in answer to question !2, and (b) located within 375 feet of the subject
real property.
3260 S.W. 8th Street, Miami, FL 33135
Woodlawn Park Subdivision, Plat BQok,44, Page 70
—OWNER Ok ATTORNEY -FOR OWNER
el E. Poole, Esq., as attorney for and
authorized agent of Woodlawn Park Cemetery Company
STATE OF FLORIDA } SS:
COUNTY OF DADE } *attorney for and the authorized agent of Woodlawn Park Cemetery
C
Samuel E. Poole, Esg.; aV* , being duly sworn, deposes and says that he is the
*C) (Attorney for Owner) of the real property described in answer to question tl,
above; that he has read the foregoing answers and that the same are true and complete;
and (if acting as attorney for owner) that he has authority to execute the Disclosure _
of Ownership form on behalf of the owner. He is per known to me or--}ws3—r-
gamed-- - as-idestti€icatafti, anddia,dim
(SEAL)
(Nam)
SWORN TO AND SUBSCRIBED
before me this 4" r
day of'_Cn,hrY , 1993 IE'r r �Ilen h
Notary Public, State of Florida at Large
Netwy IyEcg4 :•sy e= r..,;�la
MY COMMISSION EXPIRES:
13
11126
Ethibit N1n
Woodlawn Park Cemetery Company is the owner of the real
property located in the City of Miami and legally described as
follows:
Tract 2, "Boundaries of Woodlawn Cemetery",
according to the Plat thereof as recorded in
Plat Book 44 at Page 70 of the Public Records
of Dade County, Florida, and all of Block 6
(lying Northerly of said Tract 2), "Tamiami
Pines", according to the Plat thereof as
described in Plat Book 14 at Page 23 of the
Public Records of Dade County, Florida. Said
lands lying in and being in the City of Miami,
Florida. Saida containing 1.52 Acres more or
less.
For your convenience and reference each existing resiAenee is
separately described as follows:
1103 S.W. 34th Avenue
Miami, FL 33135
3338 S.W. lath Street
Miami, PL 33135
3314 S.W. filth Street
Miami, FL 33135
3300 S.W. filth Street
Miami, FL 33135
1112 S.W. 33rd Avenue
Miami, FL 33135
1120 S.W. 33rd Avenue
Miami, FL 33135
1135 S.W. 34th Avenue
Miami, FL 33135
14
Lot 1 and North 15 feet of
Lot 12, Block 6, Tamiami Pines,
Plat Book 14-23
Lots 2 6 3 6 North 15 feet Of
Lots 10 is 11, Block 6, Tamipmi
Pines, Plat Book 14-23
Lot 4, and the North 15 feed of
Lot 9, less the East 15 feet of
Lot 9, Block 6, Taniazi Pines,
Plat Book 14-23
Lot 5, Block-6, Taniami Pings,
Plat Book 14-23
Lot 6, Block 6, Tamiami Pines,
Plat Book 14-23
Lot 7, and the North 15 feet of
Lot 8 and the North 67.55 feet of
the East 15 feet of Lot 9, Block
6, Taniani Pines, Plat Book',,14-23
South 60 feet of North 75 feet of
West 100 feet of Tract 2,
Boundaries of Woodlawn Park
Cemetery, Plat Book 44, Vag* 70
11126
Miami, FL
1135 S.W. 34th Avenue,
Miami, FL 33135
East 15 feet of North 67.55
feet of Lot 9, Block 6,
-.miami Pines, Plat
ok 14-23
,jouth 60 feet of North 75 feet
of West 100 feet of Tract 2,
Boundaries of Woodlawn Park
Cemetery, Plat Book 44, Page 70
In addition to the foregoing real property, Woodlawn Park
Cemetary Company respectfully requests the vacation of a portion of
S.W. 33rd Avenue which is more particularly described as follows:
Legal Descri-Dt_ion:
That portion of SW 33rd Avenue lying southerly of Si- llth
Streec and northerly of the north line of Tract 3,
"Boundaries of Woodlawn Cemetery", according to the Plat
thereof as described in Plat Book 44 at Page 70 of the
Public Records of Dade County, Florida, Said portion
lying between Tract 1 of said "Boundaries of Woodlawn
Cemetery" and Block 6 of "Tami.ami Pines", according to
the Plat thereof as described in Plat Book 14 at Page 23
of the Public Records of Dade County, Florida. Said
portion being more particularly described as follows:
Begin at the Southwest Corner of Tract 1, of said
"Boundaries of Woodlawn Cemetery", thence N 00000/001 E
for a distance of 211.59 feet to a point; thence S
89057, 09" W for a distance of 95.02 feet to a point of
cusp, said point lying on the northerly line of said Lot
5, Block 6, of said "Tamiami Pines"; thence southeasterly
along a curve concave to the southwest having a radius of
25 feet through a central angle of 90002'S1" for an arc
distance of 39.29 feet to a point of tangency; thence S
00000'00" W along the easterly line of said Block 6 for
a distance of 186.53 feet to a point; thence N 89059101"
E along the northerly line of said Tract 3 for a distance
of 70.00 feet to the point of beginning. Said portion of
land lying in and being in the City of Miami, Florida and
containing 0.343 Acres more or less.
( AE \W000 AVfN\AFVC-M
145
11126
• J:4 _ 1:
The owner of the subject real property and the percentage of
ownership are as follows:
1. The sole owner of the subject real property is Woodlawn Park
Cemetery Company, a Florida corporation ("Woodlawn"). The address
for all of the officers of Woodlawn is Woodlawn Park Cemetery
Company, 3260 Southwest 8th Street, Miami, Florida 33135.
2. Woodlawn is owned 100% by Cemetery Management, Inc., a Florida
corporation ("CMI"). The address for all of the officers of CMI is
Cemetery Management, Inc., 2400 Harrell Road, Orlando, Florida
32817.
3. CMI is owned loot by Restland of Dallas, Inc., a Texas
corporation ("Restland"). The address for all of the officers of
Restland is Restland of Dallas, Inc. is Greenville Avenue at
Restland Road, Post Office Box 31000, Dallas, Texas 75231.
4. Restland is owned 100% by Stewart Enterprises, Inc., a
Louisiana corporation ("Stewart"). The address for all of the
officers of Stewart is Stewart Enterprises, Inc. 110 Veterans
Boulevard, Suite 300, Metarie, Louisiana 70005.
5. Stewart is a publicly held Louisiana corporation that is
subject to the reporting requirements of all applicable Federal
Securities Laws and Regulations, and is publicly traded on the
Midwest Stock Exchange.
The names and titles of the officers of all of the above -
referenced corporations are set forth on Schedule "A" attached
hereto and made a part hereof.
MIA-165443
16
11126
li,rr CKS
rCR--AVvEQ'ZA�Z
:AC'ASCNV'__!
AKE-ANC
•A AM
OQ„Ati00
wJ. oE.coSB'.:ca3
'AMOA
WEST PALM SFAC14
WA5^ O C.
Teresita Fernandez
City of Miami
zoning Hearing Board
275 N.W. 2nd Street
Miami, Florida 33128
LAW OFFICES
HOLLAN'D & KNIGHT
ICI GR'CKE-,- AVE► UC
o O SOX 0154al Vs 33101•944.1
M,AMI, r�OR10A 33131
(3051 374.6500
FAX 13051 769.7799
November 10, 1993
Re: Woodlawn Cemetery
Dear Ms. Fernandez:
:e..tE.
Ni. �•P.• VANGI!Q, eAv
♦O�NiON BA A�I.C+• • ••NN. P A
awC :C.N•P•�.�iwYC
•o sea)e•tEr)aTa
c• •E•c•sB.•t.�, as+c
'• )•OL•• iM lw V•ar we••
GMAw••: C, TPA PAPCN•C
[B[wP10 t BC�wAw TZ. P C
oo •P.N.„N ..e.,,e
1'•1 +aoP.e ••A 11w1 +•!l9+O
)ee EAfT •tN0 11T.EI+
•C• •ow ,
r Ne)B.O�Te
The following individuals have more than a 5% interest in Stewart
Enterprises, Inc. Their names, addresses and percentage of
ownership are as stated.
Frank B. Stewart, Jr.
5513 Dayna Court
New Orleans, LA 70124
Lawrence M. Berner
506 Beau Chene Drive
Mandeville, LA 70448
GeoCapital Corporation
767 Fifth Avenue
New YorX, NY 10153
18.64 Class A
100% Class B
5.4% Class A
9.5% Class A
Please call me if you have any questions.
Sincerely,
HOLLAIID HT
amuei S. Poole, III
111A-M603
17
11126
e99E�
'•rGS� G., ,.N ggPC.-
Q A TELECOPY
— - F = D E S
HOLLAN-n &- KNIGHT
9A ^F E, l ..tom
3. d 3-+-*SCC
►•x !C�1 ?9•-799
October 26, 1993
Joseph W. McManus
Clark Turner
City of Miami Building
Zoning & Planning Department
275 N.J. 2nd Street
Miami, Florida 33128
Re: Woodlawn Cemetery
near Joe and Clark:
The following information is provided in response to questions you
have raised concerninq the proposed inclusion of the 1-8-acre
parcel within the cemetery boundaries:
1. ;lumber of burial plots. I misspoke on the number of
burial plots. The rule of thumb is 1,200 (not 1,000)
burial plots per acre. This would result in a total of
2,160 burial plots on the 1.8-acre site (including the
street) proposed for inclusion.
2. mausoleum. Woodlawn would agree to provide a
covenant that no mausoleum will be constructed on
the 1.8-acre addition to the cemetery if the
amendment to the Comprehensive Plan and the zoning
change is approved.
3. Aodess from 33rd Avenue. Woodlawn would agree to
provide a covenant that the access to the cemetery
from 33rd Avenue will remain maintenance and
- delivery only.
19
11126
aoseph W. McManus
Clark Turner
October 26, 1993
Page 2
4. present number of events at Cemetery. The Woodlawn
cemetery currently conducts an average of 95 events
(burial, ceremony, disinterment, etc.) per month.
The average annual total is 1,141 and the weekly
average is 22. The daily average is 3.65 events,
based on a six day week (there are only one to two
Sunday events per year). Absent some unexpected
increase in Miami's death rate, Woodlawn does not
foresee or intend that the proposed addition to the
cemetery will generate any changes in these rates;
the additional capacity will simply extend the life
of the cemetery facility.
5. Weekday P.K. Traffic. Woodlawn Cemetery reports
that only under rare circumstances (such as an
event for a dignitary or police officer that is for
some reason specifically scheduled for that time
period), are events scheduled for the weekday p.m.
traffic peak period. Woodlawn estimates that over
the past several years, no more than one or two
events per year have taken place during that time.
With respect to visitation of gravesites, Woodlawn
reports that very little visitation is observed
during the weekday p.m. traffic peak period.
I hope that this information and the assurances with respect to the
pumber of grave sites, mausoleum, and limitation of access from
33rd Avenue are sufficient to obtain a favorable recommendation
from staff. We will be pleased to meet with you and further
discuss the matter at your convenience. A site plan is being
prepared by Brownell & Associates and will be available within the
next several days to serve as a point of discussion for the
requested covenants, if appropriate.
Very truly yours,
HOLLAND i KNIGHT
Samuel E. Poole, III
cc: Jorge Hernandez-Toraho
Keenan. Knopke
Catherine Carlson
MIA•168737
FE,
11126
This Declara.:ior. of Restrictive Covenants (the "Lveclaratien-n")
trade this day of 1994, by WOOCLAWN PARK CEMETERY
.4
COMP;SY, a Florida corporation (hereinafter referred to as
"Woodlawn Cemetery") is given in favor of the CITY OF MIAM+,
FLORIOA, a municipality of the State of Florida (hereinafter
referred to an the "City";.
Witnesseth:
WHERaka, Woodlawn Park holds fee -simple title to a certair_
parcel of real property located in the City of Miami, State of
Florida (hereinafter referred to as the Property"), located on
S.W. 11th Street between S.W. 33rd and 34th Avenues, Miami, Florida
and legally described as:
":'ract 1, BOUNDARIMS OF WOODLAWN CEMSTUY, according to
the plat thereof as recorded in Plat Book 44 at page 70
of the Public Records of Dada county, Florida, and all of
Block i (lying Norther'.y of said Treat 2) , TRMIAMI PINES,
according to the plat thereof as described in Plat book
14 at Page 23 of the Public Records of Dade County,
Florida. Said lands lying in and being in the City of
Miami, Dade County, Florida, and containing 1.52 acres,
more or less.
WHERZAS, Woodlawn Cemetery is presently an Applicant before
.he City Comminsion for a change :in tha zoning classification of
the Property from R-a (Two -Family Reeidential) to
Prepared by:
Sanuel E. Pools, ri;
Holland & Knight
701 Brickell Avenue
Miami, Florida 33131 20A (305) 374-8500
11126
0/1 iGovernment%Snatitutional) and a change in the coning and
comprehensive plan designation of the Property from
Residential -Duplex to Major Public Facilities, Transportation and
Utilities; and
i
WHXMS, Woodlawn Cemetery is desirous of making a birdi.Mg
commit -men: to assure that the Property shall be subject to the
provisions of th'-s Declaration.
NOW, TERRMFORM, Woodlawn cemetery volunt.arilly covenants and
agrees that the Property shall be subject to the following
restrictions that are intended and shall be deemed tc: be a covenant
running with the land and binding upon Woodlawn Cemetery, its
successors and assips: section 1. asaiiLli. The recitals and findings get forth
_n the preamble to this Declaration are hereby adopted by reference
thereto and incorporated herein as if fully se. :ortr in this
section.
section 1. eeyA&ant r.ggrdin„ a- ken sa.. Woodlawn Cemetery
covenants that upon the City's abandonment of the existing
right-of-way for that portion of S.W. 33rd Avenue between S.W. :itn
Street and S.W. 12th Street, access to the Property from S.W. 33rd
Avenue will be closed.
$l4lign 3. Covenant tea: ra diner H ulolsuas. Woodlawn Cwetety
covenants that no mausoleum will be constructed on the Property.
However, such restricriun shall not be deemed to extend to or
affect any other property now or hereafter owned or operated by
woodlawn Cemetery, its succesoora or assigns.
KII
2
11126
Lgtt cn 4. C9Y2AAat reQardiuse number gf„ van e. Wood.lawn
Cemetery covenants that the number of events (funeral bur i31 or
funeral entombment procession) ?r.he "Events") canducted at the
Pfaperty in any one month shall not exceed a total of 30C �Fventa,
unless a larger number of Events is authorized in advance, in
writing by the City Manager,
9@c ion S. !qov+eVASt_ �jgardi&U Weekday After.}ocgn Trzffia Pg k
pseriad. Woodland Cemetery covenants that the number of" Events
scheduled during the weekday afternoon traffic peak period in any
one year shalj. not exceed a total of 10 Events, unless a larger
number o: Events is authorized in advance, in writing by the City
?tanager.
9221,,on.6. Llleative Date. If the City Commission approves
the Change of Zoning Classification, and after said approval has
becone final and non -appealable, this Declaration shall constitute
a covenant running with the title to the Property and be bir_ding
upon Woodlawn Cametery, tts heirs, successors and assigns. Chose
restrictions shall be fnr the benefit of and limitation upon all
present and future ownare of the Property and for the public
we l f are .
section 7. Ameguftent and Idadificatioa. This Deec:araticn may
be modifiod, amended or released as to any portion of mze property
by a written instrument executed by the then owner of the fee -
simple title to the "Property affected by such modification,
amendment or release, provided that the same has been approved by
the City Commission after a public hearing which public hearing
3 20C
11126
shall be applied for and at the expense of the then owner of '--he
Property. Should this instrument be so modified, amended or
released, the Director of the City's Planning. Rtiilcing and Toning
Department or his successor shall_ execute a written instrument in
recordable form effectuating and acknowledging such modification,
amendment or release.
Saetian 8. jaggestio�aand, M%f�Ment. 2t j s understood and
agreed that any official inspector of the City shah6 have the right
a :y time during normal working hour* to inspect the Property to
detertr.ine whether the conditions of this Declarat=on and
requirements of the City's zoning and planning regulations are
being complied with. An enforcement action may be brought by the
City or by any property owner within 375 feet of the Property by
action in law or in equity against any party or persons violating
or attempting to violate any provisions of this Dec_aration, or
provisions of the building and zoning regulations, either to
restrain violations or recover damages. The City, if it is a
prevailing party in the action or suit, shall be entitled to
recover costa and reasonable attorney' s fees. This enforcement
provision shall be in addition to any other remedies available at
law.
Bee�„{,gg�. Tartu of Coveaaat. This vo'urtary coveranE can the
part of Woodlawn Cemetery shall remain in full force and affect and
shall be binding upon Wbodlawn Cemetery, its successors and assigns
for an initial period of thirty (30) years from the date tzis
inatrument is .recorded in the public records of Dade County and
20D - .6 -
1-1126
eha11 be automatically extended for successive periods of ter_ (1o)
years thereafter unless modified, amended or released prior to the
expiration thereof. ,
Section 1n. 3everabil oX, irvalidation of any one o: more
of those provisions by judgment of court shall not affect, any of
the ctrer provisions of this Declaration which remai- in tall
force and *!fact.
9eatian 9. Recording. This Declaration shall be f•tied of
record among the Public Records of Dade County, Floxida, at the
sole cost of Woodlawn Cemetery.
IN WITNR88 MMRROF, the undersigned have set their hands and
seals as the act and deed opt Woodlawn Cemetery this _ day of
994,
Witnessee:
Name:
W0013LAWN PARK CMMT=RY CCUPANY
Sy;
Names: Name;
President �
(Corporate Seal)
20E
11126
State cf Florida;
) Be:
County of Dade )
The foregoing instrument was acknow:edged beforevme this _
day of 1994 by _
President of WAWN PARK CEMETRPY COMPANY, a Florida corporation,
4r_ behalf of the corporation, who is personally known to me.
r
( NOTARY SEAL)
My Commission Expires:
MI?►-184 Y i 9 .3
20F
- 6 -
Name:
Notary PublIc State o . -F eri a
commissllan YQ , :
11126
MIAMI
131167ft-1) - PALM BEACH
k. kni (305) 377-3721
B[NNff5S
-1
PdjW
Bmmrd (305) 468-2600 / (305) 945-657,
Palm Beach (407) 820.2060
Affiliates of Time Wamer Inc.
DAILY BUSINESS REVIEW
P.O. BOX 010589
MIAMI, FL 33101-O589
T
_j
TERMS: NET DUE ON RECEIPT OF INVOICE
SAMSCME jw.
NT -DATE MVOICE N
-IM_pT1n_CR
AIMT PRICE SMOUNT
7 LY L!.-
7';
I—, T
F P-1
-r v.-
I Tj
Co
t�
SUB -TOTAL 1 7 ti4
SALES TAX
ORIGINAL -PLEASE PAY FROM THIS INVOICE
7i-'*
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she is the Super-
visor, Legal Notices of the Miami Daily Business Review flkla
Miami Review, a daily (except Saturday, Sunday and Legal
Holidays) newspaper, published at Miami in Dade County,
Florida; that the attached copy of advertisement, being a
Legal Advertisement of Notice In the matter of
CITY OF MIAMI
ORDINANCE NO. 11126
In the ...............X.. X..X ................. Court,
was published in said newspaper in the Issues of
March 4, 1994
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Dade
County, Florida, and that the said newspaper has heretofore
been continuously published In said Dade County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office in Miami in said Dade County, Florida, for a period of
one year next preceding the first publication of the attached
copy of advertisement; and afflant further says that she has
neither p4I& nor promised any pe firm r corporation
any di unt, rebate, commiss r fund r the purpose
of s udrishthis advartisem for ublica on in�the said
Sworn to and subscribed before me this
4..... day of ......March.....
�• . .
(SEAL) e
Octelma V. Ferbeyre personally kn;LvAn
19...94
OFFICIAL :aoTARY SRAL
O iERYL N MARM6R
COT,Cmiss;ON NO. CC191642
MY COtAMiSSION BXF. APR. 12.1996
CITY OF MIAN19 FLORIDA
LEGAL NOTICK
A" .interested persons will. take notice that on 4 t 24th day of
Februsry,,1OK- " My Commission df N4Yartd Florida, adopted
the following two
11 O E
AN ORDItNGit�Ci fFiyr;;
OF A COPY OF 7NIS ORDINANCE TO AFFECTED
AGENCIES; CONTAINING A REPEALER PROVISION`
AND SEVEftABILITY CLAUSE; Aiili-PROVU) NO,`frOR
AN EFFECTIVE DATE.
Ot111111INANCE NM 11124
AN ORDINANCE AMENISING THE ZONING ATLAS OF
ORDHNAMM N0. 41000, AS AMENDED, TIME ZON*4
ORIDINAN4CEOF THE CfiY OF MIAMk FLORIDA, ARTS:
CLE 4, SECTION 401, SCHEDULE OF DISTRICT
REB RX00 4%-FROM4'R4t TWO FAMILY_ RESIDENTIAL
TQ C-1•RESTRICTEO COMMERCIAL FOR THE
PROPERTY LOCATED AT 37103T12 `SOUOWIEST *1 H
TERRACE,MIAMI, FLORIDA MORE PARTICULARLY
DESCRIBED H.ERElift AND `SY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 42 OF SAID
ZONING "ATLAS; CONTAINING A REPEALER
PROVISION AND A SEVERAWI ITY CLAUSE.
OMW"NCE NO.11125
AN ORDINNANCE.AMIENDING THE FUTURE LAND USE
MAP OF ORDINANCE NO. 105", AS AMENDED, THE
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
1fI00-2000, BY CHARGING THE 7 AND USE DES(GNA,
TION FROM RESM04MLOUPLEX TO MAJOR PUBLIC
FACILnTEt , TRANSPORTATION AND UTILITIES, FOR
THE PROPERTY LOCATED AT 1112-1120 SOUTHWEST
33RD.AVENUE; 33W=12-3314,3321143114111 SOUTHWEST
11TH STREET AND 1103-1135 SOUTHWEST 34TH AVE-
NUE,,MIAMI, FLORIDA (MORE PARTICULARLY
DESCRIBED HEREIN); MAKING FINDINGS;
INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS;
ORDINANCE TO AFFECTED AGENCIES; CONTAINING
A REPEALER PROVISION ANDSEVENAllik'M CLA ft
AND PROVIDING FOR AN EFFECT" DATE.
ORDINANCE NO.111W
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO 11000, AS AMENDED, THE ZONING
_. ORDINANCE OF THE CITY OF MtAMM, FLORMA, ARTI-
CLE 4, SECTIO" '401- SCHEDULE OF ONSTRICT >
REGULATIONS, BY CHANAN4B THE ZONING, CLAUt.
FICATION FROM R-2 TWO-FAMILY PANDENTIAL TO
Gil GOVERNMENT AND INSTITUTIONAL, FOR
PROPERTY LOCATED AT 11M AND 1135 SOUTHWEST
34THAVENUE,330%3314AND 3336SOUT WIEST'IITH
STREET AND 1112 AND`112D SOUTWA"T 33RD-AVE. --
NUE„ MIAMII: FLORIDA, (MORE. PARTICULARLY
DES.4'r ABED. HEREIN); 'AND-'BV WAXCING'THE
N= CHANGE$. ON PAt ^NP,�:4Q Al AW
Said OM n* beinapse%ad by the pobft at the Of ice of
On Chy Milk WO lim American DdV%*if M Fb1' WAIAOniIlley
thrargh f 1ft ,, exdvdkV holkW^ bdtwssh jO '*,qw of am
(01.:a
MATTY NIR/U
,F
CITY OF MIAMI, F(.QIEDJt ..
314 S