HomeMy WebLinkAboutItem #83 - First Reading Ordinance4
ORDINANCE NOrp
PURSUANT TO COURT ORDERr AN ORDINANCE
AMENDING THE ZONING ATLAS OF ORDINANCE NO.
11000 (EFFECTIVE SEPTEMBER 41 1990) r THE NEW
ZONING ORDINANCE OF THE CITY OF ;MIAMI,
FLORIDA, AS AMENDED, BY CHANGING THE ;:ZONING
CLASSIFICATION FOR PROPERTY LOCATED AT
"PROXIMATELY 3260 SOUTHWEST 8TH STREET,
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN), FROM G/I GOVERNMENT AND
Y
INSTITUTIONAL TO C-1 RESTRICTED COMMERCIAL;
BY MAKING FINDINGS; AND BY MAKING ALL
NECESSARY CHANGES ON PAGE NUMBER 40 OF SAID
ZONING ATLAS; 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. 4b, following an advertised public
hearing, adopted Resolution No. PAB 36-90, by !a 9 to 0 vote,
RECOMMENDING APPROVAL of the request to amend the Zoning Atlas as
hereinafter set forth; and
WHEREAS, this change of use was requested by WOODLAWN PARK
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 lath 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 t
WHEREAS, this land use change is in response to, and in
compliance with the above mentioned court order; and