HomeMy WebLinkAboutItem #82 - First Reading Ordinancetad ` '5v
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06/96/90
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ORDINANCE NO.
PURSUANT TO COURT ORDER, AN ORDINANCE
AMENDING THE FUTURE LAND USE MAP OF ORDINANCE
NO, 10544, THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1989- 2000, FOR PROPERTY ("
LOCATED AT APPROXIMATELY 3260 SOUTHWEST 8TH ,
STREET, MIAMI, FLORIDA (MORE PARTICULARLY
DESCRIBED HEREIN), BY CHANGING THE
DESIGNATION OF THE SUBJECT PROPERTY FROM
MAJOR PUBLIC FACILITIES, TRANSPORTATION AND
UTILITIES TO RESTRICTED COMMERCIAL; MAKING
FINDINGS; INSTRUCTING THE CITY CLERK TO
TRANSMIT A COPY OF THIS ORDINANCE TO AFFECTED
AGENCIES; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting
of June 6, 1990, Item No. 4a, following an advertised hearing,
adopted Resolution No. PAB 35-90, by a 9 to 0 vote, RECOMMENDING
APPROVAL of an amendment to the Future Land Use Map of Ordinance
No. 10544, as amended, the Miami Comprehensive Neighborhood Plan
1989-2000, as hereinafter set forth; and
WHEREAS, this change of use was requested by WOODLAWN PARK
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CEMETERY COMPANY ("Applicant") and was recommended for approval
by the Planning Department in 1985; and
WHEREAS, on November 26, 1985, the City Commission denied
the requested change of zoning by Resolution No. 85-1177; and
WHEREAS, as a consequence of the City Commission's action,
the Applicant filed an appeal to the Circuit Court; and
WHEREAS, the Circuit Court of the llth Judicial Circuit, on
September 15, 1986, ruled in favor of Applicant. Said decision
was affirmed by the 3rd District Court of Appeal, and further
review denied by the Florida Supreme Court; and
WHEREAS, the Circuit Court's Order quashed Resolution No.
85-1177, enjoined the City "from enacting, maintaining or
enforcing any zoning classification on the subject parcel more
restrictive than CR-2/4," and directed the City to amend Its
zoning atlas in conformance with the Orders; and