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HomeMy WebLinkAboutM-85-1177J-85-943 9/13/85 ORDINANCE NO. AN O\NA INANCE AMENDING THE ZONING ATLAS OF ORCE NO. 9500, THE ZONING ORDINANCE OF THY OF MIAMI, FLORIDA, BY CHANGING THE ZOCLASSTFICATTON OF 3260 SOUTHWEST 8TH STMIAMI, FLORIDA, (MORE PARTTCULARLY DEED HERETN) FROM RS-2/2 ONE FAMTLY DERESIDENTIAL TO CR-2/4 COMMERC'TAL- REAL (COMMUNITY) BY MAKING FINDINGS, ANKING ALL THE NECESSARY CHANGES ON PA. 3 OF SAID ZONING ATLAS MADE A PART OFINA CE NO. 9500 BY REFERENCE AND DETION IN ARTICLE III, SECTION 300, TH, CO AINING A REPEALER PROVISION AND A ABILI CLAUSE. WHEREAS, the Miami oning Board, at its meeting of September 9, 1985, Item No. , following an advertised hearing, made a motion to recommend pproval of a change of zoning classification as hereinafter se forth, which failed by a 6 to 2 vote, thus constituting a RECOMMEN_ TION OF DENIAL. WHEREAS, the City Commission a _ter careful consideration of this matter deems it advisahle and i the best interest of the general welfare of the City of Mia ' and its inhabitants, notwithstanding the Zoning Board's recom ndation of denial, to grant this change of zoning classificati as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE COM SSION OF THE CITY OF MIAMI, FLORIDA. Section 1. The Zoning Atlas of Ordinance No. 9500, the zoning ordinance of the City of Miami, Florida, is h reby amended by changing the zoning classification of approxi tely 3260 Southwest 8th Street, Miami, Florida, more particularly escribed as "BOUNDARIES OF WOODLAWN PARK CEMETERY" of the Public ecords of Dade County, Florida, for which area a complete legal description is attached hereto as Exhibit "A", from RS-2/2 One Family Detached Residential to CR-2/4 Commercial Residents 1 (Community). 0 Ro 71,0 w SE--1177 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; (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 of development of adjacent property in accord with existing regulations; (m) Will not constitute a grant of special privilege to an individual owner as contrasted with protection of the public welfare; Section 3. Page No. 33 of the Zoning Atlas, made a part of Ordinance No. 9500 by reference and description in Article 3, Section 300 of said Ordinance, is hereby amended to reflect the changes made necessary by these amendments. Section 4. All ordinances, code sections, all parts thereof in conflict herewith are hereby repealed insofar as they are in conflict. Section 5. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole. PASSED ON FIRST READING BY TITLE ONLY this day of , 1985. 0 8.S-11.7 7 PASSED ON SECOND AND FINAL READING BY TITLE ONLY this day of , 1985. ATTEST: RATTY HIRAI City Clerk PREPARED AND APPROVED BY: C G. MIRIAM MAER Assistant City Attorney APPR D FORM AND CORRECTNESS: LUCIA A. DOUGH TY City Attorney' GMM/wpc/ab/B100 w J ayor 8, o-11. • - 3- 4 10, EXHIBIT "A" W0001 AWN PARK CEMETERY LEGAL DESCRIPTION " A tract or land bung a portion of WOODLAWN PAP.K CEMETERY, according to the Plat thereof recorded in Plat Book 31 at Page 56 of tho Public Records of Dade County, Florida, also beinq a portion of WOODLAWN PARK CEMEtERY - SECT- ION 3A. according to the Plat thereof recorded in Plat Boot 44 at Page 82 of the Public Records of Dads County, Florida: said trace. of land lying W thin "BOUNDARIES OF WOODLAWN PARK CEMETERY". according to the Plat thereof re- corded in Plat Book 44 a: Pape 70 of the Public Records of Dade County. I'lorlda, and being more particularly described as follt,­is: Commence at lhw Northeast corner of the Northwest onc-quarter (NW;) of Section 9. Township 54 South, pangs 41 East, Dodo County, f lorida: thence run WEST along the North boundary of the Northtoe:t one -quarter (NW,;) of said Section 9, a distance of 383.37 e,?t to the point o, int-rsection with a line so drawn as to preps through twn 1,,) existinq Permanent Reference monu- ments on Vie West boundary of Sec t i o•i kromin a: Sect i un 12 of WOODLAWN PARK CEMCTLRYt thence run South 00`02'39" East along the last described line a distance of 50.00 feet to the paint of' intersection with the South Right- of-WaV boundary of Southwest 8th Street as shown on said Plat entitled "BOUNDARIES OF WOODLAWN PARK CEMETrPY', said point o" intersection being the Point of Br9inning of the Parcel of band hereinafter to be described: thencc continue ot. the last described course Soing also along said line so drawn as to pass through said two (2) existing Permanent Reference Monuments on the West boundary of said Section kne`gn as Section 12 e' WnODLAWN PARK CF►A- ETERY , a di stonLe of 263.00 feet to a point: thence run ~CST along a lint parallel to the South Right -of -Way boundary of said ;out►,%-.est 8th Street a distance of 229.23 feet to the point of intersectirr .itl, a line so drawn as to ness through two (2) existing Re.'erence Monomen % on the Last. bound- ary of Section known as Section 3D of said WOODI./WN "r.t.t. ((.MLTrPY: thence run North 00'04130" East along the last described t I•. - a di stance of 263.00 feet to the point of intersection with the South R i.jot -of-Way boundary of said Southwest 8th Street: thence ran I.AST alonq said South Right -of -Way of Southwest 8th Street a distance of 228.68 feet to tt,e Point of Beginninq, containing 60.21S square feet, eto►e or less, or 1.382 Acres. more or less. All Or THE fORLGOING SUBJECT TO any dedications. iin,itatIons , ►estrictionb� 'reservations or easements of record. SoS -1177 ROBERT D. KORNER 4790 TAMIAMt TRAIL tS W• 8'- STREETI CORAL GABLES, FLORIDA 33134 TELEPHONE 130St 446-3S87 December 2, 1985 City Clerk City of Miami'- 3500 Pan American Drive Miami, FL 33133 Re: City Commission Meeting =f o November 26, 1985 -' Woodlawn Cemetery Dear Sir: Please make the enclosed Amended Certificate part of the file in the Woodlawn Cemetery Hearing which was held November 26, 1985. Your cooperation is appereciated Very truly yours, Robert D. Korner RDK:dls Enclosures AMENDED CERTIFICATE a ' I, ROBERT D. KORNER, HEREBY CERTIFY that my appearance before the City of Miami Ceranission regarding the Woodlawn Park application for rezoning from residential to conrercial was on the behalf of the following clients: 1. 448-0429 Alvarez, Alberto 3400 SW 15 Street, Miami, FL 2. 595-9695 Aguado, Isolina 6740 SW 79 Ct., Miami, FL 3. 444-4008 Arellano, Vi Lm S. 1244 Anastasia Ave., Coral Gables, FL 4. 954-3702 Armas, Isidro T. 1040 SW 6 St., Apt. 2, Miami, FL 5. 854-3702 Arenas, Pilar C. 1040 SW 6 St., Apt. 2, Miami, FL 6. Private Barciela, Amada 635 NW 43 Avenue, Miami, FL 7. Private Bared, Jasmin 1536 Algardi, Coral Gables, FL 8. Private Bared, Ofelia 1525 Sarria, Coral Gables, FL 9. 274-4631 Beruff, Jose L. 9360 SW 68 Street, Miami, FL 10. 444-2959 Blanco, Delio 3301 SW 9 St., Apt.20, Miami, FL 11. 444-6511 Caballero Funeral Home 1661 Douglas Rd., Miami, FL 12. 448-5528 Casteleiro, Flavia 3512 SW 15 St., Miami, FL 13. 854-1908 Coalla, Roberto L. 310 Shore Dr. East, Bay Heights, FL 14. 445-8631 Diaz, Amada F. 3673 SW 25 Street, Miami, FL 15. 443-2425 Dole, Rodolfo C. 1325 Venetia Ave, Coral Gables, FL 16. 264-3050 Dorbercker, Loreto 3040 SW 77 Ct., Miami, FL 33155 17. 649-8097 Escandel, Onelia 1470 SW 4 Street, Miami, FL 18. 447-8960 Garcia, Armando P. 3301 SW 9 St., Apt. 21, Miami, FL Garcia, Bernardo- 19. 649-1010 Brake Funeral Home 4100 NW 7 St., Miami, FL 33125 20. 667-4900 Garcia, Maria 6515 Castaneda St., Coral Gables,FL 21. 667-4900 Garcia, Miguel 6510 Castaneda St., Coral Gables, FL 22. 642-5308 Gonzalez, Armando 52 NW 23 Ave., Miami, FL 33125 23. 553-5054 Gonzalez, Jose R. 239 SW 103 Ct., Miami, FL 24. 545-8112 Gonzalez, Rafael 831 SW 4 St., Apt. 6, Miami, FL 25. Private Hawkins, Beth 426 Layport Dr., Sebastian, FL 26. Private Hightower, Margaret 426 Layport Dr., Sebastian, FL 27. 444-8778 B.H. Hurrphries 809 Angelo Ave., Coral Gables,FL 28. 235-8879 Korner, Henry, Mrs. 7500 SW 130 St., Miami, FL 29. 854-3586 Leach, Jeannette 1020 SW 22 Street, Miami, FL 33129 30. 443-5787 Lewis, Dorothy W. 515 Santander, Coral Gables, FL { 31. 757-5544 Lithgow Funeral Chapel 3232 Coral Way, Miami, FL 33145 32. 661-1437 Maspons, Eric 6510 Castaneda St., Coral Gables,FL 33. 661-1437 Maspons, Hortensia G. 6510 Castaneda St., Coral Gables,FL 34. 661-1437 Maspons, Maria 6510 Castaneda St., Coral Gables,FL 35. 448-1510 Micin, Danilo H. 3228 SW Second Street, Miami, FL 36. 858-1891 Molina, Luis 1865 Brickell Ave., A-409, Miami,FL 37. 595-8521 Montes De Oca, Alicia B. 9050 SW 68 St., Miami, FL 38. 595-8521 Montes De Oca, Pedro 9050 SW 68 St., Miami, FL 39. 361-3481 Morrison, Kathryn 412 Warren Lane, Key Biscayne, FL 40. 361-3481 Morrison, Robert 412 Warren Lane, Key Biscayne, FL 41. 854-2798 Mustelier, Arrelia C. 2112 Brickell Ave., Miami, FL 42. 661-6348 Noy, Isabel C. 7125 Laco Dr.West, Coral Gables, FL 43. 443-5632 Ochoa, Eliecer 130 SW 33 Avenue, Miami, FL 44. Private Otero, Manuel 1320 Michigan Ave., Miami Beach,FL 45. 348-4314 Pages, Nestor 320-50 St., West New York, NY 46. 441-2805 Parsons, Karen 4606 SW 11 Street, Miami, FL 47. 441-2805 Parsons, Joe 4606 SW 11 Street, Miami, FL 48. 443-3900 Pereda, Virginia 3510 SW 15 Street, Miami, FL 49. 264-3050 Perez, Matilde D. 3040 SW 77 Ct., Miami, FL 50. 448-4185 Perrote, Canldido 3540 SW 15 St., Miami, FL 51. 446-1616 Philbrick Funeral Chapel 3234 Coral Way, Miami, FL 52. 642-2439 Remos, Mercedes 711 Beacom Blvd., Miami, FL 53. 441-0988 Reyes, Isabel 3500 SW 15 Street, Miami, FL 54. 223-3567 Rivero, Enrique 1921 SW 126 Ct., Miami, FL 55. 445-9508 Rivero, Funeral Hcme 3344 SW 8th St., Miami, FL 56. 445-9508 Rivero, Jose N. 3344 Sw 8 Street, Miami, FL s. 57. 445-9508 Rivero, Leopoldo E. 3344 SW 8th St., Miami, FL 4 ,4 �J%WiW:y J iOAN, 4790 TAMIAMI TRAIL. CORAL GABLES, FLORIOA 33134 TELEPHONE t3051 446-3507 0 58. 446-8053 River-o, Rosa 59. 446-8053 Rivero, Zaida 60. 545-5205 Rizo, Hilda 61. 854-0693 Rodriguez, Aurora 62. 445-6128 Rodriguez, Bertha 63. 261-8642 Rodriguez, Enoc 64. 445-6128 Rodriguez, Jose M. 65. 854-0693 Rodriguez, Soledad 66. 643-4732 Rojas, Olivia 67. 448-2365 Rose, Candace 68. 448-2365 Rose, John 69. 448-5877 Ruiz, Marina 70. 261-8642 Sanchez, Justa N. 71. 261-8642 Sanchez, Lidia 72. 235-8879 Shelley, Dorothy 73. 235-8879 Shelley, Harold 74. 545-5205 Soriano, Alexandra 75. 545-5205 Soriano, Carlos 76. 324-4499 Soto, Andres 77. 442-2365 Ugalde, Manuel 78. 361-6670 Valls, Jose A. 79. 448-6366 Cliff VanOrsdel 80. 444-2280 Don Van Orsdel 81. 573-4310 Van Orsdel Funeral Chapel 82. 552-6600 Viera, Miguel 83. 264-8658 West, Madeline A. 84. 642-6195 Wong, Williams 85. 226-8111 Chinese-American Benevolent Assoc. 5055 NW 7 St., Apt. 510, Miami, FL 5055 NW 7 St., Apt. 510, Miami, FL 823 SW 4 St., Apt. 4, Miami, FL 515 SW 22 Road, Miami, FL 3510 SW 15 St., Miami, FL 33145 5950 SW 11 Street, Miimi, FL 3510 SW 15 St., Miami, FL 33145 515 SW 22 Rd., Miami, FL 220 SW 29 Ave., Miami, FL 5298 NW Second St., Miami, FL 5298 NW Second St., Miami, FL 3446 SW 15 Street, Miami, FL 5950 SW 11 Street, Miami, FL 5950 SW 11 Street, Miami, FL 7500 SW 130 St., Miami, FL 7500 SW 130 St., Miami, FL 823 SW 4 St., Apt. 4, Miami, FL 823 SW 4 St., Apt. 4, Miami, FL 435 SW 10 Ave., Ant. 216, Miami, FL 3423 SW 12 St., Miami, FL 745 N. Mashta Dr., Key Biscayne,FL 3333 NE Second Avenue, Miami, FL 3333 NE Second Avenue, Miami, FL 3333 NE Second Avenue, Miami, FL 10851 SW Second Avenue, Miami, FL 8130 SW 26 St., Miami, FL 3094 NW 6 St., Miami, FL 3094 NUJ 6 St., Miami, FL DATED this 29th day of November, 1985, at Coral Gables, Dade County, Florida. SWORN TO and SUBSCRIBED before nv-- this 29th day of November, 1985. My commission expires: NOMAY PUBLIC STATE Q (LORIDA NV COONI3SION fX➢. AVG 22,1908 BONDED TNRU GENERAL INS. UND, ROBERT D. KORPFR`` 4790 Tamiami Trail (305)446-3587 Coral Gables, FL 33134 tA Notary Public, StAte of Florida l` OAel, 4790 TAMIAMI TRAIL, CORAL GABLES. FLORIDA 33134 • TELEPHONE 43051 446-3587 o I, ROBERT D. KORNER, HEREBY CERTIFY that my appearance before the City of Miami CaYmission regarding the Woodlawn Park application for rezoning From residential to coaanercial is on the behalf of the following clients, ! 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36 .v- 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 448-0429 Alvarez, Alberto 3400 SW 15 Street, Miami, F1 444-4008 Arellano, Vilma S. 1244 Anastasia Ave., Coral Gables, FL 854-3702 Armas, Isidro T. 1040 SW 6 St., Apt. 2, Miami, FL 854-3702 Arenas, Pilar C. 1040 SW 6 St., Apt. 2, Miami, FL 444-2959 Blanco, Delio 3301 SW 9 St., Apt.20, Miami, FL 444-6511 Caballero Funeral Home 1661 Douglas Rd., Miami, FL 448-5528 Casteleiro, Flavia 3512 SW 15 St., Miami, FL 854-1908 Coalla, Roberto L. 310 Shore Dr. East, Bay Heights, FL 443-2425 Dole, Rodolfo C. 1325 Venetia Ave, Coral Gables, FL 264-3050 Dorbercker, Loreto 3040 SW 77 Ct., Miami, FL 33155 447-8960 Garcia, Armando P. 3301 SW 9 St., Apt. 21, Miami, FL Garcia, Bernardo- 649-1010 Brake Funeral Home 4100 NW 7 St., Miami, FL 33125 667-4900 Garcia, Maria 6515 Castaneda St., Coral Gables,FL 667-4900 Garcia, Miguel 6510 Castaneda St., Coral Gables, FL 642-5308 Gonzalez, Armando 52 NW 23 Ave., Miami, FL 33125 553-5054 Gonzalez, Jose R. 239 SW 103 Ct., Miami, FL Hawkins, Beth 426 Layport Dr., Sebastian, FL Hightower, Margaret 426 Layport Dr., Sebastian, FL 444-8778 B.H. Humphries 809 Angelo Ave., Coral Gables,FL 235-8879 Korner, Henry, Mrs. 7500 Sq 130 St., Miami, FL 443-5787 Lewis, Dorothy W. 515 Santander, Coral Gables, FL 757-5544 Lithgow Funeral Chanel 3232 Coral Way, Miami, FL 33145 661-1437 Maspons, Eric 6510 Castaneda St., Coral Gables,FL 661-1437 Maspons, Hortensia G. 6510 Castaneda St., Coral Gables,FL 661-1437 Maspons, Maria 6510 Castaneda St., Coral Gables,FL 858-1891 Molina, Luis 1865 Brickell Ave., A-409, Miami,FL 595-8521 Montes De Oca, Alicia B. 9050 SW 68 St., Miami, FL 595-8521 Montes De Oca, Pedro 9050 SW 68 St., Miami, FL 361-3481 Morrison, Kathryn 412 Warren Lane, Key Biscayne, FL 361-3481 Morrison, Robert 412 Warren Lane, Key Biscayne, FL 854-2798 Mostelier, Amelia C. 2.112 Brickell Ave., Miami, FL 661-6348 Noy, Isabel C. 7125 Laco Dr.West, Coral Gables, FL Otero, Manuel 1320 Michigan Ave., Miami Beach,FL 441-2805 Parsons, Karen 4606 SW 11 Street, Miami, FL 441-2805 Parsons, Joe 4606 SW 11 Street, Miami, FL 443-3900 Pereda, Virginia 3510 SW 15 Street, Miami, FL 264-3050 Perez, Matilde D. 3040 SW 77 Ct., Miami, FL 448-4185 Perrote, Candido 3540 SW 15 St., Miami, FL 446-1616 Philbrick Funeral Chapel 3234 Coral Way, Miami, FL 642-2439 Rems, Mercedes 711 Beacom Blvd., Miami, FL 223-3567 Rivero, Enrique 1921 SW 126 Ct., Miami, FL 445-9508 Rivero, Funeral Home 3344 SW 8th St., Miami, FL 445-9508 Rivero, Leopoldo E. 3344 SW 8th St., Miami, FL 446-8053 Rivero, Rosa 5055 NW 7 St., Apt. 510, Miami, FL 446-8053 Rivero, Zaida 5055 NW 7 St., Apt. 510, Miami, FL 445-6128 Rodriguez, Bertha 3510 SW 15 St., Miami, FL 33145 445-6128 Rodriguez, Jose M. 3510 SW 15 St., Miami, FL 33145 448-2365 Rose, Candace 5298 NW Second St., Miami, FL 448-2365 Rose, John 5298 NW Second St., Miami, FL 235-8879 Shelley, Dorothy 7500 SW 130 St., Miami, FL 235-8879 Shelley, Harold 7500 SW 130 St., Miami, FL 442-2365 Ugalde, Manuel 3423 SW 12 St., Miami, FL 361-6670 Valls, Jose A. 745 N. Mashta Dr., Key Biscayne,FL 448-6366 Cliff VanOrsdel. 3333 NE Second Avenue, Miami, FL B&S -1 177, s 55. 444-2280 Don Van Orsdel 3333 NE Second Avenue, Miami, FL 56. 573-4310 Van Orsdel Funeral Chapel 3333 ME Second Avenue, Miami, FL 57. 552-6600 Viera, Miguel 10851 SW Second Avenue, Miami, FL 58. 264-8658 West, Madeline A. 8130 SW 26 St., Miami, FL 59. 642-6195 Wong, Williams 3094 NW 6 St., Miami, FL 60. 226-8111 Chinese-American Benevolent Assoc. 3094 MW 6 St., Miami, FL DATED this 27th day of November, 1985, at Coral Gables, Dade County, Florida. �D.OR;; ROBERT 4790 Tamiami Trail (305)446-3587 Coral Gables, FL 33134 SWORN TO and SUBSCRIBED before EI>e this 26th day of November, 1985. My r_omnission expires: Notary Public, State of F i NOTARY PUBLIC STATE OF FLORIDA MY COMMISSION EXP. AUG 22,1988 BONDED TNRU GENERAL INS. UND. t /Ox. MIAMI"s . I I SECLUDED CATBEDRAL ETERNAL PEACE ,4.1111-1- . 0 4*41 i One of Florida's truly great architectural masterpieces stands virtually hidden among the flowers and trees of a tropic garden in the heart of Miami. A shrine of ageless beauty, it remains tin- WOOBLAWN and undisturbed by the thousands who pass the park daily. PARK CEMETERY AND COMMUNITY MAUSOLEUM The first unit of Woodlawn Park Community Mausoleum was started in 1928 by McDonald Lovell, who was considered the leading architect in this field. Although he has created many famous mausoleums throughout America, Woodlawn is regarded as his greatest achievement. Mr. Lovell designed the mausoleum to consist of 2.1 units. Ten are completed and the eleventh is under construction. The new unit features a beautiful chapel entrance. Ten units provide above -ground space for 9,000 entombments and occupies 100,000 square feet, an area larger than an entire city block. The bronze fixtures, exquisite marbles, the leaded stained glass windo-ws, poured and reinforced gathered from around the world to concrete walls, copper roof and thick create an atmosphere of immaculate ; • Indiana limestone exterior are visible beauty. indications that every effort has been made to build a structure as perma- The Directors of \\'oodla,,t-n ; nent as humanly possible. Park cordially invite you to visit the ; • Community Mausoleum. Miami's se- ' The advantage of above -ground eluded cathedral of eternal peace. and ' entombment in clean, dry, ventilated • discover for yourself Nvhv this shrine crypts is enhanced by the softly of beauty is considered the finest in blending multi -colored light from ; the South and one of the ten out - stained glass windows which falls standing mausoleums in the entire . across a variety of contrasting marbles nation. ; 9 11 smr,LF AND COMPANION CRYPTS r 4 -"Wolf, pop OCTAGON MEMORIAL FOUNTAIN f I MAIN CHAPEL Completed in 1O66. the main 1 chapel is part of the tenth unit of the mausoleum complex as planned in 1928 by McDonald Lovell. The air-conditioned building was de- signed by Ferendino, Grafton, Parl- coast, Architects and provides comfortable seating for 124 people. Adhering to the quality standards established by the founders of \Voodlau-n, materials used rn the chapel were selected for their abilit%, to endure. The architects have cre- ated here an atmosphere of rever- ance and beauty seldom found ill today's tense world. This new, beautiful entrance to the main chapel has a convenient ramp approach, making it easily accessible for funeral coaches and other vehicles. I M A U S O L E U M CLOISTER GARDEN THE FLORIDA L O G G I A S C 0 L U M 8 A R I A SECTION M E D I T A T 1 0 N C H A P E L ;ik.V"WW h 75 SEMIPRIVATE R 0 0 m ENTRANCE AND O F F I C E A MEMORIAL PARK SECTION A MONUMENTAL SECTION d Peace of Mind for Those Who Care and Prepare Shared loves, hopes, achievements and sor- rows draw a family so closely together that it cannot be divided ... even after death. The ad- vance selection of a beautiful family estate will attest to the deep and abiding affections v ditch you and your loved ones hold for each other. How much wiser to meet this inevitable ob- ligation now, while family members are privil- eged to consult together, than to postpone it until the lonely and confused hours of bereavement. GENERAL INFORMATION Above -ground crypt entombment will cost but little more than ground �urial. A wide selection of various mau- soleum crypt locations to satisfy every possible requirement. Niches of varying size to accom- modate single, companion, or fam- ily inurnment of cremated remains. Choice of ground burial in mon- umental, memorial or companion crypt garden sections, Catholic sec- tions, Masonic section and Baby- Oand section. Payment terms may extend over several years without interest. A perpetual care fund guarantees continued maintenance forever. Woodlawn Park is non-sectarian. PERPETUAL CARE TRUST FUND $1,819,000 FLORIDA NATIONAL BANK A TRUST CO, AT MIAMI FIRST NATIONAL BANK 0 0 0 1 A W N P A R KOF MIAMI CORAL GABLES FIRST NATIONAL BANK C E M E I E R I E S TRUSTEES OFFICERS AND A N D DIRECTORS CHARLES F. SHARP Presidan4 COMMUNITY MAUSOLEUM HAVitoHARP DONALD G. BRADLEY ESTABLISHED 19 13 Suparinhndao i 6anara) Manager r WOODLAWN TAMIAMI TRAIL WOODLAWN SOUTH GAINES R. WILSON PEYTON L. WILSON 3260 S.W. 8th STREET 11600 KILLIAN DR, D. V. RENUART HOLLIS RINEHART TELEPHONE 445-5425 LOUIS J. HECTOR JOHN D. ARMSTRONG 'As of Dec. 31, 1975 ,t n.� y �A, oZ N. 5 R. P. F s. R. a. li. tiLLEK BfiICOWIT ASSOCIATES. INC. REGISTERED PROFESSIONAL REPORTERS VIDEOTAPE DEPOSITIONS 10, (;ommoNWEALTH BUILDING A6 S W. FIRST STREET -A 1. FLORIDA 33130 373 - 9997 ShtxALat W.D1�-1{A��. Kl'it 8U-117J ki I CITY OF MIAMI, FLORIDA INTEROFFICE MEMORANDUM TO. The Honorable Mayor and Members of the City Commission OA*E. September 17, 1985 ME: 20 SUBJECT- ORDINANCE - RECOMMEND DENIAL CHANGE OF ZONING 3260 SW 8 STREET - FROM Sergio Perei a REFERENCES: City Manager COMMISSION AGENDA - SEPTEMBER 26, 198� ENCLOSURES: PLANNING AND ZONING ITEMS - It is recommended by the Zoning Board that the Change of Zoning Classification in the Official • Zoning Atlas of Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami from RS-2/2 One -Family Detached Residential to CR-2/4 Commercial -Residential (Community) for 3260 SW 8 Street be denied. The Zoning Board, at its meeting of September 9, 1985, Item 2, following an advertised hearing, adopted Resolution ZB 116-85 by a 6 to 2 vote, recommending denial of the Change of Zoning Classification in the Official Zoning Atlas of Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami from RS-2/2 One -Family Detached Residential to CR-2/4 Commercial - Residential (Community) for the property located at 3260 SW 8 Street, also described as a tract of land being a portion of "WOODLAWN PARK CEMETERY" (31- 56); also being a portion of "WOODLAWN PARK CEMETERY - Section 3A" (44-82); said tract of land lying within "BOUNDARIES OF WOODLAWN PARK CEMETERY" (44-70) (complete legal description on file with the Planning b Zoning Boards Administration Department). Nine objections received in the mail; sixty-one opponents present at the meeting. Eight replies in favor received in the mail; forty-two proponents present at the meeting. Backup information is included for your review. An ORDINANCE to provide for the above has been prepared by the City Attorney's Office and submitted for consideration of the City Commission. AEPL:111 cc: Law Department NOTE: Planning Department recommends: APPROVAL Ste► °-117'7 t 9 ZONING FACT SHEET LOCATION/LEGAL 3260 SW 8 Street A Tract of land being a portion of "WOODLAWN PARK CEMETERY" (31-56); also being a portion of "WOODLAWN PARK CEMETERY - Section 3V (44-82); said tract of land lying within "BOUNDARIES OF WOODLAWN PARK CEMETERY" (44-70) (Complete legal description on file with the Planning 3 Zoning Boards Administration Department). APPLICANT/OWNER Woodlawn Park Cemetery Company c/o Harry C. Sharp, President 3260 SW 8 Street Miami, FL 33136 Phone f 445-5425 ZONING RS-2/2 One -Family Detached Residential _ REQUEST Change of Zoning Classification in the Official Zoning Atlas of Zoning Ordinance 9500, as amended, to CR-2/4 Commercial -Residential - (Community). RECOMMENDATIONS PLANNING DEPARTMENT APPROVAL. The requested change would not be at odds wily the existing land uses in the area. Commercial development exists to the north, east and west of the subject property and is zoned CG-1/7. Therefore, there would be no adverse Impact. The change of zoning is needed to allow the construction of a funeral home and additional office space to be used for cemetery purposes only. A funeral home is a logical use that would be compatible with the existing cemetery use. The granting of this change would not result in a precedent setting as the subject property is located within the confines of the • existing cemetery and the proposed development does not expand the boundaries of the cemetery. PUBLIC WORKS No dedication is requested. DADE COUNTY TRAFFIC 6 TRANSPORTATION No comment. IN MENOMINEE ZONING BOARD At its meeting of July 1, 1985, the Zoning Board adopted Resolution ZB 84-85, by a 7-1 vote, deferring for applicant to meet with neighbors and meet with the owners of the plots. At its meeting of September 9, 1985, the Zoning Board adopted Resolution ZB 116-85 by a 6 to 2 vote, recommending denial of the above. CITY COMMISSION At its meeting of September 26, 1985, the City Commission continued action on this item to November 26, 1985 after 6:00 PM. c SS -11'7'7 `' MCA 4 elk 04 J I I to � �a/1 ia�••>✓ '� 1 . �► � ♦ T •• ere-• �1'�. - T •:o+.►. t i' _ •• 1 1 . 44 i*,o �� k � '' i.fir` l '(V,,F �. t• � * � \` , 1• I• ^-• f a � L n •T•. ?4�(" �!+,fit ..r•! ` ••' t ., � � � . "f' C;' � n� t Milt ��T� „y ,f .. "k" , • ' - � -.� �7� '•• % � mot•' ^roc � • � ) i � �* 1 Or y AS yV• � S �' ►• 33 AP kL jai r n MERSHON, SAWYER, JOHNSTON, DUNWODY 8& COLE A PARTNERSMtP INCLUDING PROrtSSIONAL ASSOCIATIONS ._SOUTHEAST rINANCIAL CENTER - SUITE MSOO 40*d, �OUT►i StSCArNE •OULEVARD MIAM1. FLORIDA 33131-2367 (305) 3 100 CA@Lt MERCOLE TELta 5I5705 TCLECO►ICS 358 •0918 NAPLES Orrl¢E 600 rIMM AVENUE SOUTH NAPLES. rLOWDA 33940 TtLto-10Nt 1613) 262.7302 September 24, 1985 HAND DELIVERY Lucia A. Dougherty, Esq. City Attorney's Office 169 East Flagler Street Suite 1101 Miami, Florida 33131 Re: Woodlawn Park Cemetery Rezoning; Restrictive Covenant Dear Ms. Dougherty: On instructions from.Gloria Fox of the City's Planning and Zoning Board, the enclosed Declaration of Restrictive Covenant, which has been drafted in conjunction with the above referenced zoning matter, is being forwarded to you for review and comments. This matter will considered by the City Commission hearing on the zoning matter scheduled for September 26, 1985. By copy of this letter with enclosure to Gloria Fox, it is requested that the enclosed draft be placed in the public records of the Planning and Zoning Board. Your prompt attention to this matter would be greatly appreciated. Very truly•yours, TES:RTK:dat Philip A. Allen, III cc: Ms. Gloria Fox City of Miami Planning and Zoning Board Administrator (with enclosure) SU -11,7r7 b 4 DECLARATION OF- RESTR1CTIVE-ICOV_ ENANT KNOW ALL MEN BY THESE PRESENTS THAT: WOODLAWN PARK CEMETERY COMPANY ("Owner"), a Florida corporation, owner in fee simple of certain real property (the •Property") located in Dade County, Florida and more particularly described in Exhibit "A" attached hereto and made a part hereof, does hereby declare that the use of the Property shall hereby be restricted to cemetery use, the operation of a funeral home and an office building for use in the administration and operation of said funeral home and of cemeteries operated by Woodlawn Park Cemetery Company, together with related purposes and uses including without limitation the sale of flowers, memorials and monuments, and for no other commercial or other uses whatsoever, provided that the zoning of the Property permits the uses herein described. THIS COVENANT and the restrictions on use hereby set forth shall inure solely to the benefit of the City of Miami, shall run with the land and shall be contained in and made a part of every deed, lease or other instrument affecting the title to the Property anti shall be binding on the Owner, its successors and assigns. The restrictions herein described may be terminated by Owner, its successors or assigns, with the prior consent of the Director of the Zoning Department of the City of Miami or his designee, which consent shall not be unreasonably withheld nor conditioned or contingent upon any public hearing, judicial or administrative. IN WITNESS WHEREOF, the Owner has caused this declaration to be executed this day of , 1985. WOODLAWN PARK CEMETERY COMPANY By: Harry C. Sharp, President STATE OF FLORIDA) )SS COUNTY OF DADE ) The foregoing instrument was acknowledged before tree this day of , 1985 by Harry C. Sharp, President of Woo lawn Park Cemetery Company, a Florida corporation, on behalf of the corporation. Notary Public EXHIBIT •A" A tract of land being a portion of WOODLAWN PARK CEMETERY, according to the Plat thereof recorded in Plat Book 31 at Page 56 of the Public Records of Dade County, Florida, also being a portion of WOODLAWN PARK CEMETERY - SECTION 3A, according to the Plat thereof recorded in Plat Book 44 at Page 82 of the Public Records of Dade County, Florida: said tract of land lying within "BOUNDARIES OF WOODLAWN PARK CEMETERY" according to the Plat thereof recorded in Plat Book 44 at Page 70 of the Public Records of Dade County, Florida, and being more particularly described as follows: Commence at the Northeast corner of the Nortwest one -quarter (NW 1/4) of Section 9, Township 54 South, Range 41 East, Dade County, Florida; thence run WEST along the North boundary of the Northwest one -quarter (NW 1/4) of said Section 9, a distance of 383.37 feet to the point of intersection with a line so drawn asp to pass through two (2) existing Permanent Reference Monuments on the West boundary of Section known as Section 12 of WOODLAWN PARK CEMETERY, thence run South 00•021391 East along the last described line a distance of 50.00 feet to the point of intersection with the South Right -of -Way boundary of Southwest 8th Street as shown on said Plat entitled "BOUNDARIES OF WOODLAWN PARK CEMETERY % said point of intersection being the Point of Beginning of the Parcel of Land hereinafter to be described; thence continue on the last described course being also along said line so drawn as to pass through said (2) existing Permanent Reference Monuments on the West boundary of said Section known as Section 12 of WOODLAWN PARK CEMETERY, a distance of 263.00 feet to a point; thence run WEST along a line parallel to the South Right -of -Way boundary of said Southwest 8th Street a distance of 229.23 feet to the point of intersection with a line so drawn as to pass through two (2) existing Reference Monuments on the East boundary of Section known as Section 3D of said WOODLAWN PARK CEMETERY; thence run North 000041300 East along the last described line a distance of 263.00 feet to the point of intersection with the South Right -of -Way boundary of said Southwest Sth Street; thence run EAST along said South Right -of -Way of Southwest Sth Street a distance of 228.68 feet to the Point of Beginning, containing 60,215 square feet, more or less, or 1.362 Acres, more or less. ALL OF THE FOREGOING SUBJECT TO any dedications, limitations, restrictions, reservations or easements of record. APPLICATION FOR AMENDMENT TO ZONING ATLAS File Number ZA-83-_„_ Harry C. Sharp, President of I, Woodlawn Park Cemetery Company , hereby apply to the City Commis- sion of t e ity o Wiami for an amendment tote oning Atlas of the City of Miami as more particularly described herein and, in support of that request, furnish the following information: _ I. Address of property 3260 S . W. 8th Street, Miami, Florida 33135 2. Two surveys, prepared by a State of Florida Registered Land Surveyor. (Attach to application) 3. Affidavit disclosing ownership of.property covered by application and disclosure of interest form (Form 4-83 and attach to application). 4. Certified list of owners of real estate within 375' radius from the outside boundaries of property covered by this application. (See Form 6-83 and attach to application.) S. At least two photographs that show the entire property (land and improvements). 6. Atlas sheet(s) on which property appears # 4 0 7. Present Zoning Designation _ RS-2/2 Existing Cemetery _ S. Proposed Zoning Designation CR2/4 9. Statement explaining why present zoning designation is inappropriate. (Attach to application) , _10. Statement as to why proposed zoning designation is appropriate. (Attach to appli- cation) ... „. i 11. Other (Specify) _12. Filing Fee of $ to according to following schedule: 4 (a) To: RS-I, RS-I.I, RS-2, $0.04 per sq.ft. of net lot area, minimum t RG- I , PD-H, PD-HC, 300.00 0.06 per sq.ft. of net lot area, minimum (b) To: RG-20 RG-2.1, 1350.00 RG-2.3, RO-I, RO-2.1 } (c) To: RG-2.29 RG-3, 0.08` �.t� r sq.ft. of net lot area, minimum x -F RO 3 400 Le - 8av 0 (d) To: CR-1, CR-2, CR-39 0-I9 CC- I , CG-29 WF-I, WF-R, ` I-1, 1-2; SPI-I92,5,7, 899911912 (e) To: CBD- I, SPI-6 i I '1 l .:r 0.10 per sq.ft. of net lot area, minimum 500.00 0.12 per sq.ft. of net lot area, minimum 600.00 (f) For any change in a sector number only, for a particular district classifica- tion, the fee shall be the same as for a change in its district classification, as shown in (b) through (e) above. (g) Surcharge equal - to applicable fee from W-(c) above, not to exceed $500.00; to be refunded if there is no appeal. (City Code -,6ection 62-6I) Signature I V -marry c. -,rnarp, Presi t Name Woodlawn Park CemeteryApany Address 3260 S.W. 8th Street -Miami, Florida 35 Phone 445-5425 STATE OF FLORIDA) SS: 'COUNTY OF DADE Harry C. Shar , being duly sworn, deposes and says t of a is the(Owner) (Authorized gent for wner o the real property described in answer to question #1, above; that he has read the foregoing answers and that the some are true and complete; and (if acting as agent for owner) that he has authority to execute this ,petition on behalf of the owner. Q'i "AL) President SWORN TO AND SUBSCRIBED '" Woodlawn' Park Cemetery CaTipan before rr a MIS z day -- of 8 MY COMMISSION EXPIRES: NOTARY PUBLIC STATE OF FLORIDA AT LARGE MY COMMISSION EXPIRES JUNE 2 1986 BOi.D:D iHRj GENEKAL INS , UNDERWRITEIIS Form 25-83 cry,ub Ic, tote o ft lori Ja "a t :..arge to 04 The Applicant, Woodlawn Park Cemetery Company, has owned and operated Woodlawn Park Cemetery on Southwest 8th Street for more than seventy years. The cemetery occupies more than 68 acres with approximately 900 feet of frontage on Southwest 8th Street. During much of that period the State of Florida prohibited the operation of funeral homes on cemetery grounds (former F.S. 470.10(8) repealed effective July 1, 1978). Recently, the State of Florida removed that prohibition sm that funeral homes can now be operated from cemeteries. The Applicant requests a change in zoning for the approximate 1 1/3 acre parcel which is the subject of its application from RS2/2 (Existing Cemetery) to CR2/4 to allow the construction of a funeral home and additional office space which office space will be for Applicant's exclusive use. The change in zoning will affect only the subject property and not the remaining 66+ acres of the cemetery which will continue under the present zoning RS2/2 (Existing Cemetery). The subject property fronts on Southwest 8th Street and is otherwise completely surrounded by the existing cemetery. The boundaries of the subject property are approximately 285 feet East and 383 feet West of the nearest neighboring property on the South side of Southwest 8th Street. The neighboring properties North, East and West of the subject property are S� -11'7 used commercially and zoned CR1/7. The closest neighboring property being used for residential purposes is several hundred feet from the property to be rezoned. The proposed development does not expand the boundaries of the cemetery. Southwest 8th Street is a main arterial route which is heavily commercial. The requested rezoning of CR2/4 will allow development of a density of approximately 1/3 that allowable in the neighboring CR1/7 zoning. The applicant has requested rezoning allowing less intensive development because less intensive development will allow applicant to develop the desired facilities, maintain the parklike atmosphere of Woodlawn Park Cemetery and minimize the impact on the neighboring properties. A funeral home is a logical use which is compatible with the existing cemetery use. A funeral home would be consistent with the neighboring commerical uses and isolated from any residential uses. The location of a funeral home in the cemetery would decrease the number of lengthy funeral processions entering the cemetery from busy Southwest 8th Street thereby benefitting the general community. In response to items 9 and 10 on its Application for Amendment to Zoning Atlas and for the foregoing reasons the Applicant believes that the requested zoning change is appropriate and that the existing zoning for the subject property is inappropriate. The Applicant requests your favorable action on its application. . jL E AFFIDAVIT STATE OF FIJD UDA ) SS. CM, OF DADE ) Before me, the undersigned authority, this day personally appeared Harry C. Sharp, President , who being by ire first duly sworn, upon oath, deposes and says: 1. That he is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by Ordinance No. 9500 of the Code of the City of Miami, Florida, effecting the real property located in the City of Miami 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 modification of a classification or regulation of zoning as set out in the acco,�rpanying 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 real property which he is the owner or legal. representative. 4. The facts -as represented in the application and documents suh fitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. (Name( Presiden Woodlawn Park Cemeter Company Sworn to and Subscribed before me this %� day of 4Wdd-19J .. jlot�ry Public, State of Florida at Large NOTARY PUBLIC STATE OF FLORiDA AT LARGE Comra$Slon Expires: COMMISSION EXPIRES JUNE 2 19E6 BONDED THRU GENERAL INS U'•DER ' ,cis 8� •'" 11 I'� J3 OWNER'S LIST Owner's Name Woodlawn Park Cemetery Company flailing Address 3260 S.W. 8th Street, Piiami, Florida 33135 Telephone Number 4 4 5- 54 2 5 Legal Description: See Attached Exhibit "?1" Owner's Fume N/A Mailing Andress Telephone Number Legal Description: Owner's Name N/A Mailing Address Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375' of the subject site is listed as follows: Street Address Legal Description " See Exhibit "B" Attached 3260 S.W. 8th Street, - Miami, Florida 33135 1120 S.W. Avenue Lot 7 & North 15, Wt 8 & East 15' of North Miami, Florida , Plat Book 14, Page 23, Street Address Legal Description 3338 S.W. llth Street Lots 2 & 3 & N. 15' lots 10 & 11, Block 6, . Miami, Florida Tamiami Pines, Plat Book 14, Page 23 Street Address Legal Description Lot 4 and the North 15' less the East 15' of 3312 S.W. llth Street 3314 11 if lot 9, Block 6, Tamiami Pines, Plat Book 14 Miami, Florida Page 23 3300 S.W. llth Street Lot 5, Black-6r-TamiapLi Pines Miami, Florida Plat Book 14, Page 23; 108I N 00 SZ� Z d 11 NVW _ .. `-x ra 7 4 A DISCMSURE OF M11MBIP 1. Legal description and street address of subject real property: See Exhibit "A" Attached 2. Owner(s) of suu�ect real proL-=,.rand' percentage of ownership. Note: City of Miami Ordinance No. 9419 requires disclosure of all parties aving 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 all shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Harry C. Sharp 100% Shareholder 3904 Durango woodlawn Paxk Cemetery Company Coral Gables, FL 33134 See list of officers and addresses attached 3. Legal description and street address of any real property (a) owned by any party listed in answer to questirn #2, and (b).located within 375 feet of the subject real property. , See Exhibit "C" Attached . 1 .�• .ts. OWNM OR ATIMiEl FOR OW&;R President STATE OF FLORIDA ) SS: COMM OF DADE ) . Harry C. Sharp, President of Woodlawn Park Cemetery Company , being duly sworn, deposes and says that no is the (Owner) (Attorney for Owner) of the real property described in answer to question Jip. above; that he.has read the foregoing answers and that the same are true and emplete; and (if acting as attorney for owner) that he has authority to execute this Disclosure of Ownership form on behalf of the owner. , (NAme) President SWOR4 TO AM SUBSCRIBED before an is day of , 99S tary Pub ic, State o Florida at Large • MY CWAISSION E VIFFS: NOTARY PU611C STATE OF FLORIDA AT LARGE MY COMMISSION EXPIRES JUKE 2 1986 BONDED THRU GENERAL INS , UNDERWRITERS (overt 8S---11. 77 rS ■ �1 officers of Woodlawn Paris Cemetery Cartpany Harry C. Sharp, President & Treasurer, 3904 Durango, Coral Gables, FL 33134 Margaret Blanton, Secretary, 11750 S.W. 26th Terrace, Miami, FL 33175 Gabriel Ramanach, Assistant Treasurer, 3338 S.W. llth Street, Miami, FL 33135 John D. Ar strcng, Assistant Secretary, 4139 Pinta Court, Coral Gables, FL fk i EXHIBIT "A" I WOODLAWN PARK CEMETERY LEGAL DESCRIPTION A tract or land bring a portion of WOODLAWN PARK CEMETERY according to the: Plat thereof recorded it Plat Book 31 at Page 56 of the puhlic Records of Dade County, Florida, also beinq a portion of WOODLAWN PARK CEMEIERY - SECT- ION 3A. according to the Plat thereof recorded in Plat Boon 44 at Page 82 of the Public Records of Oadt County, Florida: said trac+_ of land lying W thin "BOUNDARIES OF WOODLAWN PARK CEMETERY". according to the Plat thereof re- corded In Plat Book 44 a; Page 70 of the Public Records of Dade County. Florida, and being more particularly described as foll(P-1s: Commence at the Northeast corner of the Northwest onc-quarter (NW;) of Section 9. Township 54 South, Range 41 fast, Oode county, I iorida: thencc run WEST along the Nort% boundary of the North%oe:t one-overter (Nw;,) of said Section 9, a distance of 383.37 ev!t to the point o• int•,rsec0on with a line so drown as to pals through two ti) existing Permmanent Reference Monti- ments on tie West boundary of Section kncx.jn as Sett tun 12 of WOODLAWN PARK CEMETLRYI theme run South OVO2139" fast along the last described line a distance of 50.00 feet to the point of intersection with the South Right - of -Way boundary of Southwest eth Street as shown on svid Plat entitled "BOUNDARIES OF WOOOLAWN PARK CEME<<PY'. said point or intersection being the Point of Beginning of the Parcel of Land hereinafter to be described; thencc continue at. the last described course 5eing also along said line so drawn as to pass through said two (2) existing Permanent Reverence Monuments on the West boundary of sold Section knc-4n as Section 12 e' WnODLAWN PARK CF►A- ETERY. a di stance of 26;.00 feet to a point: thence run WLST along r 1 i nc parallel to the South Ri#it-of-Way boundary of said Soutf,%•:est 8th Street a distance or 221.23 fact to -the point of i ntersec t i rr i tli a line so drawn as to na:s througf two (2) existing Reverence Monument% on 0-. Last bound- ary of Section kmmn as Section 30 of said WOOOI.IWN &Pk (i.P'LTCPY: thence run North 00'04'30" Eo%t along the !ast described If-. • a distance of 263.00 feet to the point or intersection vil th the South R i .jr• t.-of-Way boundary or said Southvest 6th Street: thence r.in LAST along so;d South Right-of-way of -Southwest 8th Street a distance of 228.68 feet to the Point of Beginninq. coil to 1 n i ng 60.215 square feet, rore or less. or 1.382 Acres, more or less. All Or THE FOREGOING SUBJECT TO any dedications. I in-i tations, restrictions, Yeservbtions or easwments of record. Sv __1177 17 EXHIBIT "B" All of the property shown on the plat of the Boundaries of Woodlawn Park Cemetery according to the plat thereof recorded in Plat Book 44, at Page 70 of the Public Records of Dade County, Florida. Note: The property described on Exhibit "A" is also shown on the above referenced plat. i— r PLA!ii '85 ",AY 31 P 2 :25 BY EXHIBIT CON TROL Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375' of the subject site is listed as follows: Street Address Legal Description See Exhibit "B" Attached 3260 S.W. 8th Street, Miami, Florida 33135 --ri70 S.W. 33rd Avenue Lot 7 a North 151 rot 8 & East 15' Of NOrt-h HLani, Florida 67.z5I lat to, IsuM G, TamLazm FUMe, Plat Book 14, Page 23, Street Address Legal Description rats 2 b 3 & N. is, Lots 10 & 11, Block 6, • 3338 S.W. llth Street Miami, , Florida Tmiami Pines, Plat Book 14, Page 23 Street Address Legal Description Lot 4 and the North iS less the East 15' of 3312 S.W. Uth Street 3314 " I. Lot 9, Block 6, TWiami Pines, Plat Book 14 Miami, Florida Page 23 3300 S.W. Uth Street lot 5, Block 6,-Tamiami Pines Miami, Florida Plat Book 14, Page 23, 1177 . / , I?- . --- POW211 OF AT10RN[Y IIAMCO FOAM IS Power of !Attorney F"W tit FRen By These presents That Woodlawn Park Cemetery Company ha s made, constituted and appointed, and by these presents do es make, constitute and ap- point Russell T. Kamradt its true and lawful attorney for it and in its name, place and stead to apply for and represent it in conjunction with its application for a change in the zoning atlas of the City of Miami affecting its property at 3260 S.W. 8th Street, Miami, Florida 33135 giving and granting unto said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises as fully, to all intents and purposes, as it might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirm- ing all that Russell T. Kamradt said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. aill`M�, Woodlawn Park Cemetery Company has caused these tfl�SS �MlttCtOf, presence to be signed = � to be affixed itleat / the day of . in the year one thousand nine hundred and Se led and delivered in th presence of Woodla Park me ery Company ��� Presi nt _.............. ....._... .........__...t .-- ,JtA( Of Florida (DIMN Of Dade It It K01011, That on the thousand nine hundred and a Notary Public day of CC fo before me. in and for the Slate of Florida duly commissioned and sworn. dwelling in the one Harry C. Sharp as President of personally came and appeared Woodlawn Park CemeteryCompany on tome personally behalf of the corporation known, and known to me to be the same person described in and who executed the within power of attorney, and he acknowledged the within power of attorney to be the act and deed, of Woodlawn Park Cemetery Company IN TOO" WhMOf, ! have hereunto subscribed my name and afJ7sed my seat of office the day and year last above written. le-161r.;10 . . .............. (L. S. J NOTARY PUBLIC STATE OF FLORIDA AT LARGE Mt COMMISSION EXPIRES JUNE 2 198�[- E: JG .."ri;. Gf''F;_" INS p:nro.. c "r —117 r SERGIO PEREIRk Cuv Manager September 25, 1985 Mr. Richard Gardner Dade County Tax Collector's Office 140 W. Flagler Street, 14th Floor Att: Real Estate Section Dear Mr. Gardner: This will confirm verbal request for tax history on Woodlawn Park Cemetery, 3260 SW 8th Street. Thank you for your assistance in this matter. Siar,erely, Director qv -11 1 PLANNING 3 ZONING BOARDS ADMINISTRATION DEPARTMENT/275 N.W. 2nd Street/Miami. FL 33124113051 579-6062 �� 1 4URELIO E. PEREZ-LLGONES. Director %. k 111111 MCONS A=M GMT WNH VYOW IWW +Tr1�i11� 17 i1.2 7 so *m 1 43i. 9? ' ` - � -- �ai�i:►�ili� .. _ .. s�o111wr TAM 1 ^ T � . � 3 MQi IIOf.1O IAIiM� COW? Tm 41. A A e7! "1-4109 00 001 6*U 1754027 Walk T't1'A. • Q10TAMT MTtL* 2'g.va o r1t2000LAWN ►A*R CEMfTEPV 46; A3? w Sr F 3T !6,P /? OF NF1/4 41FeMT FlA 3t�'� NE1/4 OP NM1/4 1-56 tEMFTERII SEt /i* nr T PLATTED •S PER ♦i-70 • et•'t!t0P rd McrueroAt A-M e�%WrfL 1T 0 AS PFR 44-97 R • - .� • DAM it -cm Fpgf ' • 0 As o ER S 9—A A I. PAINT •4414. n AS PER 41-76 R ar -o? POA T PLAIT 0 AS 4 r-1 00 1. p' S 5 3 3 AM .'' M ' '� 0 ... - AA![�Ptrti AS vE11 A�_vadb v• l V • T Id0 N ruwlClf�Y 81 • 1968 U 2ai aiI KATlcs of � 11�tiC1•L i•�tii i TAX _ 7, ""° "'�"'" "I"""Mi0`" T•RiS NOTICE - RECEIPT • 0 5 :' I 101-41 C:9 QLi U,1 9 TOUS TOTAL 3 813.3C MUNICIPAL ru"ICvu TAX REAL ESTATE TAX i a,ea:; •IVI 3.'I:.: 114.4C CICUALN rAtti& (;&,9TEhY 3927.70 . �.L I FLA 33135 9 �4 41 66 AC ac b /L r E 121-48 Fr OF 2 OF :-,Et OF OF '-E' OF.. ; rL T eE:. 31-,;6 ::E Gt' :�..� r0al' E'�•,i'CiE: A- kEn 41-79 KRIT ?LATTER -; FER 44-82 a: fOI.T ram.,::F.: ` - ' o' FER 39 -88 4 PUT FiA TTE: A� rEi: MARCH Ft•RUAR11 JANUARY OLC[MI s" NovamegR C t •gr. 0 u I a R ►♦ r •a►tt ut avt r... �. �/ti1 are tt• ADE COUNA TA NOTICE•ItEC' P'" ' taut OtUrrYen• awe. I IMi at :..e: •o. f ��� w■ur ru►t reran+yet 11t a►r� t.. . t.�,. �itl ttRS PAYABLE t0 $creau�c er aseavr•$ a�.o.1 19640ADO COVM I, FLORID /t r Nov. $t ote. eft/ 2 t �r �.r. t •r ♦te. N• •c- EaFuo• v/lu[ roartfrca ran tftur♦ v.Lue COUNTY ?An SGH00f_ tAX i 0.91,00c? •art$ COT/L 'PAX ►v/ f • S 19l00� ( 144400 1206,49_ 13e1.60 111930 2699.39' . t f 3 LGGLAwN PARK CEMETERV 9 54 41 6• A M/` IAPI FLA E1 004OFT OF M}/2 al NEI/4 OF 4PEEiRE �?SIOi 440ANsE1/440FNM�[4POA PLAT�EEit 41-79 ►Q TT PLAT I0 A R 44-A2 9 �- " P RT PLA T 0 A P R 39-e6 It ` Z 0 7 7 3 '� 7 i3 ?. 41 P^RT PLATTEp A PER 40-16 9 40-92 6 1 S► P(WT PLATTED AS 40400 L iw r� .t u 1 41 C9 CC 001 269903 _ 2_612.4 2645.401 2614e4 _ • .. •u+. Out IF ►a to ruT. 0.a IV ra10 aaa., Due or .ai0 +. Out t► .a10 aur, Ool • • r0�0 +auaafa[w C r aurcr r rcuua.• �..rruar. i �r re.a...ar 1134001 sl I 122laq .To oEBB:I " 1 L_ ' POW 165 2asm 1 C 1-4104 00 04l WAIN TAX I cow 'AM TO•COCjAbw PARK CE04ETEFIV ,Nlr TAB M 1 AM FL A B o0uw+r Mu.� ?MA MOM A r ONLY WHEN VA1pATID MIOW► p: r t r 27C9041 niw � . •) 7 .TER c 9 66 SCHOOL TAX 1479. 39 COU" TAX 1199*07 DISTRICT TAX S4099 YOUR TOTAL TAX 2709.41 9 s4 4 1 AC muhlill 2 OF/ PLAT MA 10 &4�EPINT POHUI E-pATc 97 '� gg A Al 26420 321 2699, 221 2628 * 1 S 193800 elsil PAGE POUO Nummew Z 2897 201-4109 ;IC OOI 9 2/ M /4 OF �q 1E1 1,11W44 1/ 0F P � ♦ 1-71 8 [ P A pp3•��6 E 40-92 14 RiQ�40-94 6 3 2601003 &NOO/ on • 0110 M • 17S4.27 TAX NOTICE- a08 LKC AL T.is `""`°"' fAus RECEIPT fc"&T� 754. �� 1966 a►uTAX OFC1TY OF MIAM1 04 CHK[s .«.... .... oumTao-s MGOCLAWN PAhK L k0ETkhY couEcTom M I A P I F L A .aE COuslTv ou"140usE THIS BECOMES • BKEIPT ONLY WHEN VALIDATED BELOW. r REAL ESTATE TAX c120.i C1 A 2/CF JF i T NEl/4 NM1/4 i E1/2 aF MF1/4 Co. 1M./� PLAT PER 31-56 CEMFT c RY SE 1/4 NMI/4 POUT PLATTED AS PLs 41-7, PORT PLATTED AS PFA 44--2 PORT PLATTED AS PER 35-48 PORT PLATTE) AS PEP 40-76 AORT PLATT ED AS 40-I UC .. r' N. PORT PLATTED AS PER 4C- a4 z 1754.2 71 1736031 17 091. 8 $fE O'MT[ slat 1701so4I 11344.'. 8v -I1I :" .» -?Z :F. :-1 r L3 . .. OD amOOL TAR '2 • •29 -A VAT# 1968 2513.65 ►r �elbrtuw. ..►s a..h. rew.Ff ryM4uMf TAX TAR 29 800 J V 11 .67 . NOTICE - RECEIPT WOO �zb9.23 MFOLIO asT. ..0 Fo"L%%WR . COUNTY _ 285� 2 C1-4109 00 col 9 REAL ESTATE TAX IXNTj �iS.4C w 4- - 9eaa ADV 4.10 5436.41 *as [— ..00DLHt1J PAFJL CF�:ETERY 32CC Sv 8 ST 9 54 41 156 AC !A tla OF M+ik & Ek � T �.: I FLr 3313K E 120.4D FT OF Cg ERY e � ' OF .:E� OF fal PLAT PER 31- 5 NNAMI. ,L IDA , •. wit OF ;IV.*t PORT PLATTED AS PER 41-79 1 of 2 / YO1tT yL,1T'1TsD A:i PER 44-82 & PORT PLA`PTE PORT PLATTED AS PER M, 39-88 S. 14 92 PORT PLATTED 0 f(iW 40_7EE 4U MpLATTEb :'Cl«i:LAArED PEi 40-94 oic�Mosa Novsi�tw AMOUHi DUE .IANUAIIY _ _ IF FAID IN F[ARUAIIr _ SEE aIIIIINIF 1 m 1V A _ 4. 4 i5 _ ♦ / t • C►4 . 5: _ tad ._ ___ _� / b • . l j0 St:�rt _. _CJN'f .9•Q0 _— 2i%rJ.L4 -- - _"�` .. , . i •tie _ .- -__f 169. 64 • ,, . 2 , j•-41�Jv 4S 7't •44 .,� '�':� bl ♦1• 9c 1 T r :l. �i•V �AKK '(.ENE TERY ^> 54 41 t)e -' 9 �t cL2G. :rr 48FT GF �1i2 .F VEL/� jF �, A+1 Fla i3135 NMI/4 6 E1/2 �F NSI/♦ ui- •141/4 PLAT PEA Jl--js C=METEQY SFL/4 %WI/♦ PURT vLATTEO AS DEf .l-"; PORT ALAtiEO AS PEA 44-N2 : ''t:-tT PLATTED eS PC,* 14-46 L rrW't PLATTfn AS pEq 40-76 4 .C- AS -I'-F TAX PZ:ll ?15.11 7i'1•43 4„l,!�4. 452:.l3. 44.f fta's �. �434&10- rr�� .a 3 N '^1i IL 112.4l. 1QtiIIS.3 L 1Q499.18 10391.ib. Li�fl:.A i-3 � •.IAFCr+ FEBRtrAw• JAtUARI _ CECEMBER %C%fMBE4__ 1171 DAOE COUNTY 9 CITY OF MIAMI REAL ESTATE TAXES 1171 M; f V5G LF-C-D t31LIBRAR213•S22ST 76-777 LY 1S 0 NOY 11516.24 r 0 DEC 116J6.11 0 JAN 11756.16 L OPERATING 4976•86 0 FE8 11676.12 OLO U 01 4101 00 0010 1 1 MAR 11116.06 2U76 U APR 12 3 56.1 1 i0i0LSYN,PARK CEMETERY 1J40000104UU1151624U1G 003 M AMI LA 3TT313S d8 AC M/L OF Y /d OF NE/4 Of i1- METEE11144 56CERY S/OF It�0! ♦Ar4ota1 ft�flrf[- whirr rAuOA►!i• •M .! • MAKE C "it- IS PA/AIle 14.) 040 COUNTY V4x COI ICTOI COUITMOUSd WAW NA )1 10 h 1172 OABE COUNTY 9 CITY Of RIARI REAL ESTATC TAXES 1172 _ M • ,.. tA4S _^ SC10dMAIO 90 011111 f COMM s4rift 0S1INCf ►Ai�M.W. un� � .� •� OP8R 1ET 3019a M R a2`b1fC 30, TY 27 T`` 4% NOV 1702.65 1`gi 3% DEC 160372• 2% JAN 4104.76 • i of Jim of, 1% FEB 10005•65 TOTAL VALUL S51670. Bk"RAR 10101m•12 -- • EXEMPT 3e 242250 # %Q NUMMI APR 10412.12 010 0 01 410'9 CO 0010 1 MAY 10412.12 • 3040 boo 13 i�AALAUN I=�LAP33i35AkK EMETERr 0104101000010000317160000312361 all 614m NEB O4YIfEt2 0/@QRV •PLAT PlRl31-5` CETC ROLE" •..�.•.► llce�lo •ne» rA►o•ao .lo.e • + •.Alt c�1c. s •...•,l ro vAOI courn rA� COYlC'►Ol cONtwpuY •rArr RA s� 10 A •'( 7 t — �AAWNE:. AAA 3aL• �� - • •l. 1:-'flhC VA', 71'f•"S ...:-, .' q' fA •.: . P I Ah i j:.ot :. vx tit+. 13 IL.71 4'1 rye PrR 2 �t�•17 SCM OpcRrt 51{5�.E • Q at NE 2414 C 6 1 15 •1 3% DEC 10�N3•3L Eit ME 3j.9N•12` `9RY !10 i 2L JAN 3u;Yi.04 A u2y3•a6i t01A1 2725•69kOlhL 3�A0•a5 1% FE3 10cv"•37 OT L _ •l •• Ox lIAR 3035�•'10 .rr� hi y. STILL VALUL buv77 APR 10i-65•44 •,. col l G � v• +St � x["PT 36 26a'15 v1. •:••: SAY i06.5•u� 010 0 O1 �109 �a10 S'.0 R 3331 i • • 0/91f, 0 LAl1r�w PAtq�K CEMEf:RY E12p.4 fE1tf ��/Ny01%v T I 9tAMISfLA 33135 NW1 PLAT PIN 3i-SL CSjfERti SE1/v OF E •C R • �1CY109D000100000000L0']00993s79 -- ''• r • aa•Mt•t' "ClIvit) tO� �+` %Abu •'A '1' ft • Sat al�t�Sa Malt .-jC•S •a•aatt TO NCO COu COt�IC PROP ADIR 3260 SW a ST COMBir+ED TAx BILL 1474 REAL PROPERTY TAXES _ MIAMI ^OPVR - c'771•R0. OPER 2036•45' SCN OPER '?64• 36 4% NOV a065•04 OF47 I' NE 747•S6 OUT NE L BINARY 276• R1 CN D££ggT 1,36-�6 C DIST 4yy:S l?7.v 3% DEC AIvR•76 f I?% JAN 6233.37 T0'AL ^._ i51"•v6 TOTAL . _ .._ .__ 2VY1.30 TOTAL 244G•33 1 ; FEa 6317.0e TOTAL VALUE Se V79AI _ 0 • -AR eval• 74 O ht:T 14 2613la--- - APR 5655.14 ^1u L 01 4109 Q-3 0010 , L MAY 66SS•12 311 iOODLAdh PARK CEMETERY - -__-~9 S4 41 66 AC M/L (uciy:1 E120•vAFT OF M/? Of YEl/4 0° �"IlPLA/E3126EEfEI4 PERSCTERYS4 OF ,LC4AJ9LG0010000000000007606SO4 isj--bi . • _ - - 177S REAL Plt•PERTY TAxEt M CpMMNEO TAX ettl - • AND SWIM dST•K•S S:•-0Ot a� S•a•t ,r.•.r'. RIAAi o.oe cOu+.. ZSM .r0 �RTT 55 ZAVi•83 ��EE TT S 33 ee 2110:57 K 66A.N2 - RAC AIST 322RS- TOTAL 2MS9•Y3 TOTAL . VS. ( TOTAL 2S0y.s3 ERf.71 vbut 16611 . s Of0 A1YY1M P [ CERETERY fLA 1113S ETC ROl4 4Y NOV 7e5�•du • 3% DEL 7914L•17 2% JAN 6023•s3 • 1%C FES SLOS•e1 0% MAR 6167sUa • APtt 643S•109 •.. mot. 001"10g0000109 SAY av35.19 • ` 3S17 %if kc 2MuoE 00EYEV IZRST%VOF PLAPER 6CNE 4 12736 �00001000p00000000076S160 ataTt^ ,M- C: ETC R O_L_L _ • Oaw-v r•ralaf•T ��E ii�iaK~ :tC• ,'•�, .i.., t ar r. r I � ILA ILA 1.3S 01,0410100M I0000MV00000757131 irIf'Pen,w 3l' cmew dvti K M. 1 1;2613 3 G IC 718 7 s 7 1-3 1 ---- 04 COMBINED TAX bill - STi MEAL PIIOPE T TAXCI' M AR I We :txmtlf Um SKIM DMIKI, scram AND STAR caffa ►s .ii4.. "now out r no M Or rillw.. Q-611 If" 3% /EC Yfr•1e ❑ o►n� ! TO TAL 2047 •SA TOTAL US0.3R TOTAL 1327.11 f; CAM riii.11 ❑ al ..,.c.., ,.�. . „ It file "IbQs ❑ T ` 33tt E,jgp, AGUE S313i�1 0% 13 APR uVel m op ❑ Ow 0 03 4101 00 0010 1 L MY 5147034 p r 3 �. C] i 0 AV% PAJ[ CCKTERV .ra, PLS U135 g;O T Pi`�e f� C Y" iEyR M C1641[1000010000L00E0900047617if S 3 AV I c 7 7 7 fI 7 6 72 8 a f 0 OF ...� ww►lICf .uq C"OCS! PATAM To Ioro1 tOw►� ►u cMltclCtOc wadi wow wa "In • I4r, 4( 1�765�'100 ttA1E�0[►0 AMemar &St: bObt! Lill UUO MhIJ•1UVI v C n/') . AH113111) 0 A/T3w 9t -11 bJd &VIC' 0 ?/1) v A!T1► 0,111' rll f..rt� la N? r•1. :C 3A !0 214A l/M 1l11A•ua•1 3V 1 1% h5 ti AAJI IU') 44TO NA1VOCO Eh � ow •: �= a 'N: At. ! 0!f �1 L►, e� 1 A 1l J1 �. `it hit Al it 1 dL ix 1 91,1,:•,',1 1111vA lt_1,. •C r5h e�dr _ all Jt'th11 1rL01 [•w'1tw N-0 •1..•1 1 A?•l?Eh 330 ?f 91'•AS AAA, air VC-11.1 1Pso 1IC 0[•S1?11 AOH iA h%•E6111 10 W. :9"1411 e1d0 `I�•'1.111 ni.�c ... .... A.... •, lM t lu . SINV1 A1.1nOMd ly!h 911.1 1IM xv1 0Winn (!'► M �S. V4 4 41 COKMINED TAX ftL- Sq74 REAL P1098TV TAI93 r —dw If, . RIM I V-Pom ow 21419 cavocts am*^, *a 0 "a 1p d T IWASANXT 119abu 4 RE MEN • :70TAL 20469.0 ITOTAL TOTAL JAS I" LAM* jjL§TVjJU1E fiffli r _ ._ ._ 010 11001 10104 00 00160 4 RIBLAM MISPjjK CEMETERY PJA 33135 6K1r� :-Ack MR CORRECTED NOTICE coosbsqoq 00030125a 04097um 011boom 13 8 r-1-11,77 L.w 4, COMS04EO tAX ftL- 3474 REAL NRO/ERTT TARS NU C.I.W. a•A JI mil, t..•tlllr •� A jAMi 1 furllO�l aw staff taflf• Ca lD/ ` ��' M ►r. :ill NE � �.�� A GIST i0• ' 7 . �;TOTAL _-2�7i•i21TOTAL _ S3 � • • w•. .1 .1 i..41. •i.. . . .� -. TOTAL 1742.73 , : ,1 A. It KIERCL • �(*�. QQ.. ,,..._'ll�• _..88 —3333� � yip' y .—. 'QO v/rY• 01.0016 141.04 00 0030 1 �0 ILIbaPip CEMETERY MCI" or n. F R �]=S C� 33� 3S 1 CORRECTED NOTICE = 1 03030345010000101 000563404 00031612U 00057-UM OMOH M ;G� • N COMGMD TAX ALLL t_y0 REAL MWE01r WAS •.. �•. •wn w• y ; a•� '1 M tAN 204M me vol ► "Um Lw w�.f f PAC . 191 SYC t�•0 ote SVC - •M 'w� OisT • 42 Nov E317.06 � • LIBRARY A1•g AO TOTAL. Ia ;i0 TOTAL S.L TOM ICTAL INUITUIVUUt Apt 43 003M_U3100 MmLsw G SIT, CSMETERr E �Ti�FEj(2-Si C11PE EB �, O OP a IATII LA M35 Ei[ ROLL • 0 0,10001416010000301 0001317% 000S3W%S OOOW A% M08677AF. On- ---#*D tAX BILL PR"ll WAS -A 0 fac I $VC sL a -MT Svc W12, wp6rsT— - WO nor SUVA&. 79 IGIAL, JUJI L lljl% MR 1. 60 OVAL UTAL I TOTAL Mid TOTAL TUTAWAlut 3499b9 A" 6 IkXI A a Cal %UM 00 0010 P&A T 43 003700-U3I00 '.f0 l WfUNWAMW4 A PSRT' CEMETERY 4hJFI Wbi I6 �CE a10f1,al OF OF01FLA 3313S ElG ROLL • o aipwaimagawaikog 00013IM6 OW537' %S 000MV11% Mb?Ml? s"S --1 17"d 31t mum • * - f116 0 t • +, ;;''.i TOT fit"*w 11K I • w - - - ,:- xv 3kW JIMIR 010 0 O1 �i09 00 00�0 1 • �AvM(PIf R(C(W!O 0143%-0143Y ' 9 WMtN RRO/I RLV VA` IOAt(O MAK( CM(CK{RAVA/LSt0 • P.) SOX Ji0A10 MIAM1, Fl JJ1%2 • .i ��s rIAT;►ER�� �' MIAlII LA 33135 omullunmoul 000272512 000 5, 0 COMBINED TAX BILL 1U.JLEAI- P10t t e 1 40, • ' rW• 7Ot1tWN1f t'.�►„ (%, t ••. ...t. a :.,byw. 1.3vat ta$ lr_ir t7 fgY /its -� 8 �!S 'Cp7. • ! • ''arOuwt put #0 ra•f � fMI��OIz�ST • T SYll C io�.MAP I= 0JEc ',$U! TOT 2V11..M1 ISU9 TOT 3S'10.7'� SU8 TOT c�it1.Y► rPAR 4*11 • ,TOTRL VA tJf 3}n'151 O1Q 0 O1 M17� OQ 0010 1 At'*Et1NT f1fFMol 3� 2 3Y?11 . :- ••-- .. _ --.. MAr 4 � .. � Q1�810-01M8't0 V MO�CAMI� iARK t�tMRrtERY E .R66eFT11yOF If toOF�NE /R OF � ��1SFLA ST PLI T41014 33=S`VPCFNETERIO► SE1%� iOF 33135 FT? ROLL 2 01000141040000104 00086S3S7 00057937P 00085336E 0004014%u 8� 1`:"7 • i A- + H COMBIN T r SrHUOL AND 3t iW". DIST" t Y VALUATIONS 9260 SM 8 ST MIAMI FL I AXAE-AL PROPEAT'Y_ 1AXE�i— d'Y D� .as iAaa II77 f61764.37 UAUt UUuNi . a1.L' 1 1, AL Ult. l 11� f • Ll 440*0 11. i AL TAX 1 �•/ CNTY WOE 4844.24 Mr UNT'.. C i406.14 DEBT SVC 898.30 AMUIN�IT DUE i PAIO W '� LIBRARY 270.38 4% Irl '3% DEC 18944.10 ' !2% JAN 19139.40 C i 41% FEB 19334.70 ,t 0% MAR 19530.00 "-= TnT 172; 56 1 SUR-J 6t]12.9 MTU M►L C uL 100 sea"""''*r' 50 010 1 iL�UU nU/MEN 01 4 00 0010 9 DELINQUENT APR 20119.90 -- - MAY 20119.90 P.v W NT At.-LiviD vF1fA YNf Y1 r,L1 0008 1 CORRECTED NOTICE ALIDA110 MAKE Ct4, Kb YAYA"', lu t.K cMIA I t ►�9 54 41 68 - AC 0 /Oa S:usl0 MLA.e K 771� MIL U ME`T�R1�' E120.46FT OF W1/2 OF NE1/4 OF NW1/4 i E1/2 OF NE1/4 OF NW1/4 PLAT PER 31-56 CEMETERY SE1/4 OF 33135 ETC ROLL 4 01010141090000109 001874880 001894410 001913940 001953000 V I 1 VW 1/s0ea Meet eovrs tans as MNrMr WA far Of ysw sltMM h reeve Taxes we d e Novwraw tat of eah yea, M/1 Prgwty Texas hWAM dsUtMtsot ApM 1st. at which two a wwsasaft of 3% wtrost to added pNs advatwq I♦ ehresa Taa Gr"I"Iss are said ell or halm Am tat. Pwsow Preowty Taaaw heeonts raaatgltartt Awl tat. at whteh taws w wrest • added of dw rota of III% ON WAVA01 taw p8A pttn artAwtwq d w"s and tans 26-0001001 082785 001874880 •. • iia" LN rINfahl• 09 041010ft dMadlia of `0/awt/ M w tlrafaaf Isaac 4% r pair it 1w.tnM► 2% d pair in iaw wy • i% Of par : Oasnlhw 1 % it pod in Fehtry ` J Omar Maws. NO as 1pml AssMoltwo fat wpwatafrtt Diserl M stay hove wewat adder r factored by Iaw. F 06=01T AND/a1 MTOUT 4 ALAWAbY COWUTS. PAY FULL AMOWT f1110" FM T1M MONTH ri W111CM YOU PAY 00 NOT M►MT! (W TIM P=L MAL 00 6 MiO Tlri MOT1N-QECWT W1TN YQM RR/TTAUX J. IIT7 C LJ MERSHON, SAWYER, JOHNSTON. OUNWOOY St COLE A-RARTNERSWO INCLUDING •ROrESSIONAL ASSOC'ATIONS SOUTHEAST rINANCIAt. CENTER . SUITE •SOD 200 SOUTH SISCATNE SOULEVANO MIAM1, ILORIDA 33131.2307 (303) 3S0. SIOO CABLE ME0C0LE TILE■ 5-3703 TELECOAIER (305) 3SS - 3918 MUSSELL T. KAMIIAOT July 15, 1985 Mr. Aurelio Perez-Lugones Director of Planning and Zoning CITY OF MIAMI 275 N. W. 2nd Street Miami, Florida NAPLES OrrlCt a00 r10"TH AVENUE SOUTW NARLES. rLORIOA 33440 1969N.OM[ (41131 2E2 7302 RE: Woodlawn Park Cemetery Zoning Application Dear Mr. Perez-Lugones: Enclosed is a photocopy of my letter to Robert Korner, the attorney for the majority of the objectors at the July 1 Zoning Board Meetinq, confirming that we have scheduled a meeting with his clients on July 29, 1985. As we have complied with the requirement of the Zoning Board, we request that you schedule us on the agenda for the next Zoning Board Meeting. If there are any further requirements for us to be included on that agenda, please advise us as soon as possible. Also, please confirm that since the zoning board deferred a voting on our application, we are entitled to a one-time deferment on our request. Your attention to these matters is appreciated. Y t y, Zssel T. Kamradt For the Firm RTK:bk Enclosure cc: Mr. Harry Sharp 3( V t MERSI4ON, SAWYER. JOHNSTON, GUNWOOY & COLE • •A*•►t*S��rff-..0 INCLUDING 0AOrESVONA, ASSOC A"C%S • � 1�NO+�A!jT3rINANC'lL CENrt4 • - 200 SOU'N •�iCA.NE �Ov►EeIAC MIAMI, FLORIDA 33M (309) 398 9100 CAfLt MEQCOLE rE.t. 51370b Utfily,ti1SOS12"59 8 NAOLES Orr•CE I 7 7D600 r•r.,. AvtNVE SO.'— NAwLtS r-LON,OA ]]OAC 11NSULL T. MAMIIAOT •t.t�.ONt lE•]� 262 ']C2 Robert Korner, esq. 4790 S.W. 8th Street Coral Gables, Florida 33134 RE: Woodlawn Park Cemetery Rezoning Request Dear Mr. Korner: This will confirm that we have scheduled a meeting between officers of Woodlawn Park Cemetery Company and your clients for July 29 at 2:00 P.M. in our offices in downtown Miami. You have advised that you represent: 1. Van Orsdel Mortuaries 2. Philbrick Mortuaries 3. Lithgow Mortuaries 4. Caballero Mortuaries S. Rivero Mortuaries 6. Garcia Brake Mortuaries The purpose of the meeting is to discuss the reasons for your clients' objections to Woodlawn's rezoning request. As I advised, Mr. Sharp will be returning early from his vacation to attend the meeting. Therefore, if it becomes necessary for your clients to cancel the meeting, we will appreciate as much advance notice as possible. • Yours truly, Russel T. Kamradt For the Firm RTKibk cc: Mr. Harry Sharp K` �-11`�'7 MERSHON, SAWYER,JOHNSTON, DUNWODY & COLE A PARTNERSHIP INCLUDING PROFESSIONAL ASSOC*ATIONS SOUTHEAST FINANCIAL CENTER • SUITE,500 r 200 SOUTH BISCAYNE BOULEVARD MIAM1, FLORIOA 33131.2387 (305) 35B • 5100 CAELE MERCOLE TELEx 515705 TELECOPIER (305) 3519• 801B RUSSELL T. KAMRAOT August 1, 1985 Mr. Aurelio Perez-Lugones BY HAND Director of Planning and Zoning CITY OF MIAMI 275 N.W. 2nd Street Miami, Florida RE: Woodlawn Park Cemetery Company Dear Aurelio: NAPLES OFFICE GOO FIFTH AVENUE SOUTH NAPLES. FLORIDA 33940 TtLipmoNt (a13) 262-7302 Per our telephone conversation, this is to confirm that we have met with the objectors to Woodlawn's rezoning request for its 8th Street property. This will confirm that we are scheduled on the September 9 Zoning Board agenda. Yours truly, Russell T. Kamradt For the Firm . RTK:bk `1,R",( 33 NWSSCLL T. KAMPACT MERSHON, SAWYER, JOHNSTON, DUNWODY`8(;GOLE A PA1ITNCASMI• INCLUDING 01110rC59rONAL ASSOC,ATIONS SOUTM[AST rtNANCIAL CENTER - SUITE 4500 200 SOUTH etSCAYNE 9OULEVA1180 •� 19 F12 '71 MIAM1, /LORIOA 33I31.2367 (305)358• SiOO CAVLC MEPCOL.E TCLt* 515705 TCLCCD'ICA (30S) 358 • agia NAALES OrriCE e00 rirTM AVENUE SOUTH NARLES. rLOPICA 33940 July 18, 1985 TCLt•"OMt(613)E62 730E Ms. Athalie Range 5727 N.W. 17th Avenue Miami, Florida 33142 Dear Ms. Range: We noted you as an objector to the Woodlawn rezoning request at the zoning board hearing of July 1, 1985. Pursuant to the request of the zoning board we have scheduled a meeting with the funeral home owners represented by Mr. Korner for July 29, 1985 at 2:00 P.M. in our offices in downtown,Miami. We would be pleased if you could attend this meeting. If it is inconvenient for you, please contact me so that we can arrange an alternate time to meet. Yours truly, f-44 l T. Kamradt For the Firm RTK:bk cc: Mr. Aurelio Perez-Lugones -3� ti Miami, Florida September lo19d5 Cit)v Of Miami Planning and Zoning Board 275 N. W. 2nd. Street Miami, FL 33128 Res Rezoning Woodlawn Park for Commerhial Use. Gentlemens I have enclosed a copy of the letter which I have sent to Woodlawn Park Cometarys, in qhich I expressed my objection to this zoning change* Thank you for your attention in this matter. Sincerely. Billie Fe Bivine 7512 3 W. 54th. Court Kiami, Fla. L 177 ra Miamiq Florida September 3. 1985 city or Miami Planning and Zoning Board 2?5 N. W 2nd, Street Miami9 FL 33128 Rei Rezoning Woodlawn Park for Commercial :se. Gentlemen i I wish to express my objectior►:to this zoning change.Enclosed is a copy of my letter to Woodlawn Park Cometary protesting this zoning change. We will appreciate your attention in the matter of a zoning change of the property. �4 L\. 0 xiamit Florida September 3. 1985 WoodlaW% Park Cometary 326o so W. 8th. street Miami, FL 33135 Rot Rezoning Woodlawn Park For Commercial Use. Gentlemen# I am concerned that your company is requesting a zoning change to allow the building of a commercial building In Woodlawn Park* This would be for a mortuary in the park. In the 1940's my family purchased burial plots for my Mother and Father. They are buried there* Their and their names area Arthur C. BivinsqSr. and Mattis Hawkins Bivines My family seriously objects to the zoning changes When these plots A were purchasedg they were represented as plots in a park with perpetuml cars. 71 I am sending a copy of this letter to the dity of Miami Planning and Zoning Board* -A!, Sincer ly As Go BivinWrou 7512 S. We 54the Cour:% Miami. n 33143 -04 8El -1177 1 ,� J '� F : , � � � "� � r. ` � A _ � � � ` ti. T ^ ^ ,� ': �\ \ t 1 ' i. ` {� • \ f ? � \ n . ` `` , ' � �.. [ �� �, r, � - ,. a 1R . �' t. � �. � � � F _ : \ �� • � i, � � e � M \ p . ^' f� r • n, i ', `� \ ♦ Ate, �, v ` �1' �. r � • U �'�' .., �. •� � � �; T 920 SW 33 Avenue ;Miami, Plorida 33135 23 September 1985 Miami City Commission Ctty Hall 3500 Pan 4merican Drive Dinner Key Miami, Florida 33133 Chanme o" zoninq for 3260 SCR 8 Street, ',Ioodlawn °ark Cemetery Dear Sirs: We would like to request that .you deny the appeal of the above rezoning request Por the followinc* reasons: We have owned and lived at 920 SW 33 Avenue which over- looks Woodlawn Park Cemetery for about six .years. When we first moved into our house, S:+1 33 Avenue was one of the lowest ° crime streets in the city of %iami. About two years aro. a funeral home was established at 3344 SW 8 St., ,just two blocks. from my home and one block from Woodlawn Park Cemetery. Parking for this funeral 'home presents a great problem with cars often parked for several blocks along SW 33 Avenue on both sides of the street and on the median.- Since this funeral home was established at their present location, crime in our area has increased several fold. Abandoned cars have become commonplace - five in the last four months. Robberies and burglaries have increased ereatly. We in the area of Woodlawn Park Cemetery are concerned with the possibility that outtinm a second funeral home in such close proximity to the one at 3344 sw 8 Street would increase our problems even more. Therefore we request that you denv Woodlawn Park Cemetery the variance that they request. Thank you for vour consideration. Sincerely, Pamela and _rederick M. Ze lmer -r QrAr_ /1�e�ht e_ r mop `S F= f 3260 SW 8 Street A Tract of land being a portion of "WOODLAWN PARK CEMETERY" (31-56); also being a portion of "WOODLAWN PARK CEMETERY - Section 3A" ( 44-82) ; said tract of land lying within "BOUNDARIES OF WOODLAWN PARK CEMETERY" (44-70) (Complete legal description on file with the Planning & Zoning Boards Administration Department). Change of Zoning Classification in the Official Zoning Atlas of Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami from RS-2/2 One -Family Detached Residential to CR-2/4 Commercial -Residential, (Community) . NOTE: This item was deferred from the meeting of July 1, 1985 for the applicant to meet with neighbors and meet with owners of the plots. Secretary filed proof of publication of Legal Notice for this hearing and administered oath to all persons wishing to testify on this item. PROPONENTS present at meeting: 42 OPPONENTS present at meeting : 61 Mr. Perez-Lugones: Mr. Chairman. Mr. Gort Thank you. Ms. Fernandez. Oh, Mr. Whipple. I'm sorry. Mr. Perez-Lugones: We had a quick change there. Mr. Whipple: Mr. Chairman, members of the Board, for the Department, Richard Whipple. As indicated by Mr. Perez in his presentation of the item, you have heard our recommendation before. However, I'd like to point out as our recommendation did and in summary and then be available to make additional comments, if I may, later, that we feel the requested change of zoning from the residential classification that presently encompass the subject property to a CR-2 zoning district is not at odds with number one, the uses that ex...the land uses that exist in the area nor with the very liberal commercial zoning that exists on the north side of 8th Street. You will note on the north side of Sth Street we have one of our more liberal districts, CG General Commercial, and if you note the classification being requested is for a CR which is our medium restrictive commercial district, quite different from the CG that exists across the street. Quite restricted to the extent that across the street we can have used car lots, paint and body shops and things of that nature. The CR classification is much more limited to retail activities* and in this particular case, as requested by the applicant, this is the first district that would allow a funeral hone as has been stated in their application that that is their intent. However, as you know, they are not limited to those uses. They could use any CR-2 or any CR-1 but of course not as liberal as the CG-1 across the street. We point out again because of the land uses and the existing cemetery and that the subject site is located completely within the confines of the cemetery, we do not feel there is any adverse impact by this proposed use as indicated by the applicant or any of the CR uses 1 September 9, 1985, Item 2 Zoning Board `84.0 -11 77 yE 4 0 that would be permitted. so on that basis we have recommended approval of this item in that we do not feel that it's going to be any adverse impact on the surrounding community or the surrounding area. Mr. Gort: Thank you, Mr. Whipple. Mr. Campbell. Mr. Campbell: We have no comment at this time. Mr. Gort: Thank you. Okay, sir. Mr. Allen: Ladies and gentlemen and Chairman and members of the Board, I am Phillip Allen of the firm of Mershon, Sawyer, Johnston, Dunwoody and Cole, 200 South Biscayne Boulevard, Miami, Florida, for the applicant Woodlawn. As the Board has just discussed, Woodlawn is asking for a rezoning of a very small portion of its property fronting SW 8 Street as located on this particular map the small green spot is the parcel we would like to rezone. It is within the entire confines of the cemetery. As'you can see the cemetery will surround either side of this particular parcel so there will still be much green space along this part of SW 8 Street. As you can also see from this map and as the Board has told you, all of the area zoning classifications along SW 8 Street are strip commercial all of which are or most of which are less restrictive than the more limited kinds of commercial zoning Woodlawn would like to have for this particular funeral home. This is the second time this matter was before the Board. At the time of the first hearing on July 1, primarily six operators of funeral homes that are clustered around Woodlawn raised objections to the construction of this funeral home. Their primary objections seem to be traffic, both internal and external. We also had one neighbor appear who was concerned about the possibility of noise emanating from the funeral home. We...we contend...we contend that most of the considerations raised by the objectors at the first hearing are not relevant zoning considerations. Rather than debate what those are or are not, it has been our intent to reach as much of an understanding with the objectors as we possibly can. We were asked by the Board to meet with the objectors, we met with them twice, we showed to them the site plan which we are proposing, we have tried to answer their questions to the best of our ability. They are valued customers of Woodlawn. They use our cemetery. It is our hope that they continue to do so for many years in the future but to the extent they're worried about things other than traffic and noise, we would submit that is not a pertinent consideration for the Board. At the Board's request, we again notified funeral ... the owners of homes and businesses within the 375' perimeter of the cemetery. Also the City of Miami sent out notice once again for this particular hearing. We'd like to point out before we proceed with our presentation that, in a sense, this application for zoning should be unnecessary. It's an accident of history, I suppose, or for some reason we may never really know, cemeteries are zoned residential. Obviously, they're not residential in the traditional sense of that word. It is a sensitive and an important business but it is a business. We conduct at this time in an office on the property office functions that are done in conjunction with the cemetery operations. All we are trying to do is to supplement those existing operations by putting up a funeral home which will be a necessary and useful adjunct to what we already do there. As the Board also pointed out, what we do will be less dense, will be less burdensome than uses that already appear along 8th Street. We...in response to some of the questions about noise and traffic, we have commissioned professional studies of those questions. The charts that are behind me will be used in conjunction with those reports to you and at this time I'd like to introduce the president of Woodlawn, Harry Sharp: K, September 9, 1985, Item 2 Zoning Board 4� 8E-1177 � � t Mr. Freixas: Counselor, before you go from there because I was the one who made the motion to defer this item the last time. You addressed almost everything I said except one. Did you contact your customer, the people that bought plots from you and did you... Mr. Allen: As we will... Mr. Freixas: met with them and told them what you are planning on doing there? Mr. Allen: As we will tell you in more detail through one of Woodlawn's representatives, we did what reasonably could. I'd like to point out to the Board that there are between 50 and 60 thousand occupied burial plots at Woodlawn. There are within the 375' radius of the proposed use almost 5,000 burial plots. The burial plots, if I may show you, which are in the area, in the 375' adjacent to the plot were developed for the first time in 1913 through the 19209 and 30s. To find the contact, the loved ones of those persons, as you can image, would be almost impossible. We did have a secretary work for, I believe, two weeks time, full time, trying to locate names and addresses of people to notify. It just is not possible. What we did do was to send letters to all of the people who surround that area. We also talked to as many people visiting loved ones at the cemetery as we could to advise them that we are doing this . This has been widely publicized in the paper. I am certain you will hear from people both opposed to and in favor of this application tonight who have loved.ones buried there and I believe that the Board will be fully informed on all of those issues and let me speak to that specifically because we feel that many of the fears raised by the objecting funeral homes about the dignity and the quietude of Woodlawn from this funeral home were unfounded. We can show from our site plan that it's going to be segregated from the rest of the cemetery property. Parking on graves, as I think was mentioned, is something that is just not foreseeable under the proposed site plan. Woodlawn has always managed its traffic flow, its ingress and egress very carefully, you will hear testimony about that tonight and Woodlawn has been here for over 70 years and intends to make every attempt and to insure that there will simply be no desecration of graves and no change in the atmosphere of Woodlawn. You will see, in fact, that what we will do may enhance, certainly will enhance the atmosphere at Woodlawn Park. I'd also like to point out although we are not resting on this at this at this point, sir, that we are not obligated to give notice to burial owners as the City Attorney took that position... Mr. Freixass No, I know that. Mr. Allens ...but we did what we reasonably could to, I think, reach the Board's interest in this matter. So if I can, I'd like to introduce Harry Sharp, Woodlawn's president. Mr. Sharps Good evening, ladies and gentlemen... Mr. Gort: Could you speak in the mike please, sir. Mr. Sharpe My name is Harry C. Sharp. I'm president of Woodlawn Cemeteries and I live at 3904 Durango Streets Coral Gables, Florida. I'd like to give you a brief history of Woodlawn and also what is going on in our industry so that you may better understand our request for this zoning change. 3 September 9, 1985, Item 2 Zoning Board I am the third generation of my family to be an employee and owner of Woodlawn park since it's founding in 1913. I'm proud to continue the principles as set by my father and grandfather over the last 73 years. Today, as always, Woodlawn's hallmark is the high standards of quality, integrity, service and tradition that maintain our position as one of the foremost in cemetery organizations in the country. The history of Woodlawn reads like the history of Miami itself where you can see memorials to some of Miami's pioneer families like Brickell, Peacock, Merritt, Munroe and even Osceola. We are also honored that newer residents have chosen Woodlawn to memorialize their loved ones, names like Prio, Somoza, Batista and Machado. We are proud to serve all ethnic groups with sensitivity for what is more sensitive and ethnic than a funeral hone. Within our boundaries is the oldest jewish _ cemetery in Dade County. Also the oldest Greek, Chinese, Roman Catholic, Masonic and Cuban sections. We are also honored to serve the black, Italian and Seminole Indian communities along with many others. We have always tried to maintain a good relationship with our lot owners, neighbors and all funeral directors. We value our relationship with all concerned and we believe we can accommodate all of their concerns on this matter. We want to continue this good relationship and we have gone to great lengths to make ourselves available to explain in detail our plans. We have never, never played favorites and we never will for we believe that the service to our families comes first. I am the immediate past president of the Southern Cemetery Association which is the second largest association of its kind in the world, so I think I can speak with some authority. I have visited numerous cemetery/mortuary combinations around the country; this idea is not new. There are over 300 cemetery/ mortuary combinations around the country and over 20 in Florida and 2 that are operating here in Dade County. This is definitely the trend of the industry. It can offer many benefits to the public such as cost savings, convenience, total preplanning and an alternate choice. To those who are concerned that we are changing the character of Woodlawn by putting in a funeral home, let me say this, for many, many years since the beginning we have operated a commercial cemetery business out of this existing site, the same site we're asking to be rezoned. We sell interment rights, vaults, all types of memorials and other cemetery products. We perform numerous services such as cremation, special care and flower services, not to mention all of the administrative and accounting services that are related to our cemetery operations. J So you see we have always operated a commercial business out of this very site. Our plans would not alter the character of the entrance and the office. The addition of a funeral home would merely add three basic functions to our current business activities. They are: 1) a preparation room; ' 2) a casket selection room; and 3) repose and chapel rooms for family and friends to visit the deceased prior to the burial. The addition of a funeral home would enable us to create a far more beautiful office and cemetery entrance in keeping with our high standards. In fact, we plan to construct one of the finest funeral home facilities in the entire country. It would be out of character for us to construct anything less than the best. In summary, the addition of a funeral home at Woodlawn would benefit the Miami community in many, many ways. It would enable us to provide additional services to our existing lot owners of all ethnic background$ without interfering with any existing cemetery functions or outside funeral home activities. It would enable us to provide cost effective and total preplanning. It would enable us to offer convenience for those who wish to make all of their arrangements at one location without having to travel all over town and it would beautify the office and entrance in keeping with our standards of beauty and quality. 4 September 9, 1985, Item 2 Zoning Board gV** L1 c.` "�1i►�r In short, what could be more compatible with a cemetery than a funeral home? I really can't think of anything. I hope you all will agree that this project would provide a much needed service and in noway adversely effect SW 8th Street or Woodlawn but rather enhance the entire area. Thank you for your time and consideration. Mr. Gort: Okay, sir. Mr. Allen: I'd like to introduce to you Wayne Williams who is the architect on this project. Mr. Chairman, I would like to reserve a few minutes for rebuttal after the opposition speaks. Mr. Gort: I beg your pardon? Mr. Allen: I would like to reserve rebuttal after the opposition speaks. Mr. Gort: You always get a few minutes for rebuttal. A few minutes. Mr. Williams: Wayne Williams, 1631 Tigertail Avenue, Coconut Grove. Our proposed funeral home is actually an addition, a one and two-story addition to the existing one-story office building that's there already. The combined square footage, ground square footage of both of these, the existing building and the proposed addition is only 11,000 sq. ft. The site that we're requesting the rezoning for is 60,000 sq. ft. which is about al 1/3 to a 1 1/2 acres. Our total cemetery site is 80 acres with only covering 11,000 sq. ft. of the 60,000 sq. ft. of site, our ground coverage is only 18 percent. It's a small building, it's half again larger than this room with the funeral home addition. The balance of the 1 1/3 acres is two entries into the site and parking for 81 cars. (Mr. Williams then began pointing to a drawing.) Southwest 8 Street here, the existing building is in this orange color there and the funeral home wraps around it abutting it on the east and the south sides. Our present entry into the cemetery and the office complex is an entrance drive through here. We're shifting that drive over about 30 ft. and to enhance the appearance and the entry importance of the cemetery...we have two functions on this site. One is to service the office building funeral home and the second function is to retain our traffic into the cemetery itself. The traffic coming into the cemetery is established by wall worked out in here landscaping and are relocating our existing sign which is a carved granite sign. We're creating a.boulevard effect by having royal palms on each side of it. The street's 24 ft. wide, half again wider than what we have now. The street comes in and immediately goes -off into our dual traffic street system of the cemetery itself. Once you get to this point you can go in either direction and circumvent the entire cemetery. We also have two other entrances to the cemetery, one on the south side and one on the west side. So we have three entrances coming into the cemetery itself. The second entrance of the site itself is a funeral home entrance off to the west and it would be marked "Funeral Home" then there's 81 parking spaces around here which is almost three times what the City of Miami requires; it's also, for the funeral home of this size, it's not a large building, it's not a large funeral home, it's a medium size funeral home, the amount of parking is half, again, more than what the industry standard is, those funeral homes around us what they have in parking facilities. We need to secure the site at night. The cemetery itself has night time security around it, a wall, a fence. Along 8th Street we have a concrete pier wall or fence, the concrete pier is about every 20 ft. with a rod iron railing in between. We will continue that railing around the funeral hone office building site with two gates denying access at night on...into 5 September 9, 1985, Item 2 Zoning Board 1L p it ip the cemetery itself. We have to do this, of course, we have to provide our security for our cemetery. All the interments occur on the cemetery side of that fence and wall. There will no interments in this space. The major... the architecture is a continuation of the same Tudor Gothic that we have in the existing office building, existing mausoleum complex. We have the largest mausoleum complex in Southeast USA. It's Tudor Gothic, it's intimate in scale; it's a small building as you see. It's a one-story front looking onto SW 8 Street. The two-story section is to the rear of the site. It's a coffer roof, Keystone walls, it's an expensive building, it's a quality building. It's also a four sided building, we have no back door. Most of the businesses on SW 8 Street front the street and have numerous back doors behind the scenes. Well, our behind the scenes is the front of our cemetery and we're going to make sure as we have in our existing office building that we pay attention to all sides. We're also mostly in the cemetery business. The main architectural character is...or the main...what is good for our funeral home is also good for our cemetery and the serenity that is presently on Sth Street by the cemetery itself would be maintained with this new entrance development and that serenity occurs in a strip zoned commercial street which is a fighting of different architectural forms, legal signs and hundreds of illegal signs. We are the area on that street that has the landscaping and the serenity. The design feature we most want for our building is the same as we want for our cemetery; the quality, serenity and appearance. I've been Woodlawn's architect for 23 years. I assumed that design responsibility for myself and for my client. Mr. Gort: Thank you, sir. Thank you. Do you have anyone else? Mr. Allen: Yes. Mr. Wayne Williams the general manager of Woodlawn is going to talk about management of Woodlawn traffic on the inside of the park. Mr. Romanachs For the record, my name is Gabriel R omanach, Jr. I'm the general manager of Woodlawn Park Cemetery and I live at 3338 SW 11 Street, Miami, Florida. In the few minutes I have tonight, I would like to help you understand what is involved in the planning of a funeral service from the standpoint of the cemetery. Scheduling of funerals involves a lot of planning and care to insure the family receives the quality they deserve and the quality Woodlawn has a reputation for providing. Woodlawn insures that each family has the time and tranquility they need during a funeral service through policies that have been developed over the years. The scheduling of funerals is done by trained family counselors. Funerals are scheduled 45 minutes to an hour apart. The maximum allowable funerals in one day is twelve. In the last fifteen years, only twice have we exceeded that number and that was done to accommodate the funeral homes themselves as well as the families. Not more than two funerals are scheduled per hour. The exceptions to that would be if they are on opposite ends of the cemetery or if a service is held in the mausoleum and one on the grounds where there is no way they can interfere with each other. We also provide an escort for every funeral service that comes through our gates. This is done to insure the funeral goes to the correct location and to avoid congestion on SW 8 Street. We also provide personnel to direct traffic inside the cemetery and provide personnel to direct parking of cars. The addition of a funeral home will not change the above policies and services or the orderly fashion Woodlawn has maintained over the years. For those funeral homes and funeral directors concerned that the scheduling of their services will take second place or a back seat to the scheduling of the services that will be coming out of the proposed Woodlawn Funeral 6 September 9, 1985, Item 2 Zoning Board v ip Home, rest assured that Woodlawn will not do this and damage the excellent working relationship we have enjoyed with you for over 70 years. Thank you. Mr. Gort: Thank you, sir. Mr. Allen: Phillip DiDomenico who is the special project manager of Woodlawn would like to address the Board. Mr. Perez-Lugones: Victor, could you switch the... Mr. Gort: You got a part time today, Victor, you'rw in charge of sound. Mr. DiDomenico: It's okay, I can talk into this one. Mr. DeYurre: No extra pay with this. Mr. DiDomenico: Mr. Chairman... Mr. Perez-Lugones: You have the other one now. Mr. DiDomenico: Mr. Chairman, members of the Board, my name is Phillip DiDomenico. That last name is spelled D-i, capital D-o-m-e-n-i-c-o. My home address is 3300 SW 11 Street. I'm in charge of planning and development of new projects on behalf of Woodlawn. This includes the expansion and modification and construction of new facilities including the proposed funeral home. I am also a licensed funeral director. Following the July 1 hearing on Woodlawn's rezoning application, Woodlawn retained a traffic engineer to study the questions raised at the first hearing about the impact on traffic that might be expected from the construction of a funeral home at the existing 8th Street entrance to the Woodlawn Cemetery. Under my supervision and direction, information was collected from ' Woodlawn's records which are kept routinely in the normal course of Woodlawn's operations about the size and number of funeral processions at Woodlawn. We studied ten days over the last two week period, including weekends, data for all of the ten days study was given to the traffic engineer Mr. Kah art Pinder of David Plummer and Associates for inclusion in Mr. Pinder's study. I also collected and gave to Mr. Pinder information about the trend and the number of interments at Woodlawn over the last 25 years from 1960 through 1985. In preparing to construct and operate a -funeral home, Woodlawn has attempted to predict the number of funerals which are likely to take place at the proposed funeral home in the first five years of its operation. We anticipate to have 150 funerals in our first year of operation. We also project to have 300 funerals per year by the end of our fifth year of operation. Of these 300 funerals, we expect that approximately 250 will conclude with an interment at Woodlawn Cemetery. The other 50 funerals will conclude, for example, with a cremation, for there will be no grave site service, burials at other cemeteries or removal of remains to other states or other locations in Florida. Because people tend to select a funeral home, in part, due to its close location to their homes, most, if not all, of Woodlawn's funerals are expected to be that would have been previously taken at the other area funeral hones which are clustered around Woodlawn. I have also gathered information about the number of parking spaces available for funerals at the funeral homes clustered around Woodlawn which, of course, is a matter of public record. Rivero has 45 spaces at his SW 8 Street funeral home which is located approximately 600 ft. from our proposed site. Caballero has 50 parking spaces at their 37th Avenue address, 42 { on its 8th Street address. Lithgow Philbrick has 54 spaces at its Coral Way location. Van Orsdel has 44 parking spaces at his 7 September 9, 19850 Item 2 Zoning Board t Coral Way ... Coral Gables location. In contrast, Woodlawn's proposed funeral home will have 81 parking spaces, more than any other in the area. At the first hearing on this matter on July 1, 1985, Mr. Freixas requested that Woodlawn "notify the people that own burial rights within the past 73 years." Even though the City Attorney has advised the Board that Woodlawn is not obligated to give notice to the survivors of persons who own burial rights at Woodlawn, nevertheless, we attempted to honor Mr. Freixas' request and we began with those grave sites located within a 375' radius of the proposed site which constitutes sections 1, 2, 3, 5, 10, 11, 12 and 19 which total approximately 4,500 grave sites in just those sections alone. After three weeks of effort we found that providing the notice requested by Mr. Freixas was impossible. First of all, the sections nearest the funeral home site were primarily developed in the period beginning with 1913 and continuing through 1920 and 30s. The last of the sections to be developed was done so in 1950. Accordingly, it was impossible to locate current names and addresses of the survivors of deceased persons interred in those sections. There are presently between 50 and 60 thousand deceased persons interred at Woodlawn. The impossibility of giving notice to the survivors of all of them is obvious. Woodlawn did give notice of this hearing to all owners of homes and businesses located within the 375' of the perimeter of Woodlawn Cemetery. Woodlawn representatives also spoke in person with many of our neighbors and with survivors of persons interred at Woodlawn who visited the cemetery in the past several weeks. Woodlawn has given more than is required by law because it values its relationships with survivors of persons interred at Woodlawn and with its neighbors. Therefore, we ask the Commission serious ... to give serious consideration into this matter. Thank you very much. Mr. Gort Thank you. Next. Mr. Allen: Mr. Kahart Pinder, our traffic engineer from David Plummer and Associates would like to address the Board. Mr. Pinder: Mr. Chairman, members of the Board, my name is Kahart Pinder with the consulting engineering firm of David Plummer and Associates with offices at 4225 Salzedo Street, Coral Gables. I am a traffic and transportation planner with the firm with over twelve years experience in the Dade t County area. As has been indicated to you, our firm was retained to determine the traffic impacts associated with the proposed funeral home at Woodlawn Park. In preparation for our projections of the traffic that would be generated by this facility, we have undertaken a number of traffic surveys some of which we undertook ourselves, some of which were performed by Woodlawn under our supervision. I'd like to quickly run through j what we have undertaken and our findings to date on our analysis. We conducted 24 hour weekday and weekend traffic counts on SW 8 Street, both east and west of the existing entrances to Woodlawn. We also conducted counts on the entrances inside of Woodlawn Park both on 8th Street on 16th Street and on 34th Avenue. Over the past two weeks as has been indicated you... to you, data was collected on the number of funeral processions each day, the number of vehicles in each procession, the average number of persons per car, the direction of approach of the procession and the type of procession whether it be Hispanic or Anglo and which funeral home it was coming from. The following are general findings from this analysis. The highest traffic volumes generated by Woodlawn Park today occur on a Sunday, 2,400 vehicles for the entire 24 hour period. The highest volumes generated occur on SW 8 Street when the volumes on Sth Street are the lowest on a Sunday and these highest volumes in the cemetery occur when there are no interment activities in the cemetery. Their businesses are limited to 8 September 9, 1985, Item 2 Zoning Board 177 > u...,_.._.. _. L - -- . Monday through Saturdays. The lowest volumes occurred on a weekday, 1,100 vehicles. The traffic associated with Woodlawn Park today represents approximately 2 percent of the total weekday traffic on SW 8 Street. Now over 50 percent of the traffic to and from Woodlawn Park presently uses the entrances and exits on 8th Street. In addition to the general traffic information, a summary of what we found in our daily traffic counts and activities are as follows: The total number of processions was 39 over the 10 day period, on the peak day we had 7, the lowest day we had 2. That's an average of 4 per day. Also, last year Woodlawn Cemetery had 1,280 interments based on 300 days a year of operation, that's just over 4 per day which again confirms the data we collected in the field. The total number of cars associated with these processions was 580 cars over a 10 day period. On the peak day there was 170, the lowest day there were 11 cars for an average of 58. We also summarized the interments and processions and the vehicles associated with these and if you look at this board right here behind me, you can see -- I'll hold it up so that everyone can see it -- this is over a 10 day period. Okay. The highest procession had 96 vehicles and if you look at that compared to the others, you can see it's an anomaly in the daily activities occurring at Woodlawn. There were a number of interments that actually had no procession at all for an average over the 10 day period of 15 vehicles per procession into Woodlawn Park. Now that's a total of 30 vehicles on SW 8 Street because we assume that the 15 coming in, also because they may not be familiar drivers, again exit onto SW 8 Street. We also, as Mr. DiDomenico indicated, looked at activity over the past 20 years at Woodlawn Park. What we found is that over the past 10 years interments have been decreasing at a rate compounded of 1.6 percent per year and over the last five years at over 2 percent per year. Based on this data, we have projected what we feel would be an average day during a year of traffic activity associated with the funeral home and what we consider may be a possible peak day or a busy day at the funeral home during that period of time. I'd like to take and put these displays up on the overhead projector. A number of assumptions we've used in this analysis are based on what I just explained to you, the ten year period decreasing at 1.6 percent per year. We've taken the number of interments and decreased it over a six year period. At the end of five years you were told they anticipate doing 300 calls a year, we assume it will take approximately one year to get the building construction... constructed before operation begins, therefore, six years and we show that we'll be doing approximately 1,150 interments external to the site coming from the other funeral homes in the area, Woodlawn Park would be doing 300. Now, not all of those, as I've indicated to you, have processions. Some there are no services held; it's an interment only. Based on what we found we have projected that at the end of this five year period we will t probably do 1,280 interments per year that have processions with them. .Again, that's an average of four a day. What we've done is we have assumed that the four that presently come there from external funeral homes will remain, Woodlawn Park doing 300 a year, an average of one a day, therefore, we will have 5. How many vehicles will be associated with that? book all the way to the bottom. The external ones, we are looking at a total of 58 vehicles and for Woodlawn Park, 15 vehicles on an average day which is the same as the average we're doing today. So you can see that we will not be impacting the traffic on SW 8 Street. We are not really going to be increasing the traffic coming to the cemetery as a result of the funeral home. Nov the 1,450 interments that I projected is higher than any year during the past ten years. So we have taken and tried to basically overestimate what will be happening to give you what we feel could be a worse case type of scenario. Okay, we will be putting an additional fifteen vehicles into the cemetery as a result of the funeral home, an additional thirty vehicles on SW 8 Street assuming they all came in on SW 8 Street and exit there. That is approximately 1/10 of 1 percent of the traffic on 8th Street. 9 September 9, 1985, Item 2 Zoning Board S. r" a -,I � � -I 1 The next one we have... analysis we have undertaken is what we would consider a probable peak day or a busy day. For this analysis we left the yearly interments that occurred in 1984 the same, say we'd keep the same business from the external funeral homes, the 300 from Woodlawn Park for a total number of daily processions of 7 which was the peak we found in our analysis plus two from Woodlawn Park for a total of 9. The traffic associated with that would be 301...300 vehicles from the external sources and an additional 56 vehicles for Woodlawn Park. Now that's a total of 112 trips on SW 8 Street or 3 / 10 of 1 percent of the total traffic on Sth Street. Based on past...last year's performance as far as the number of processions per day, the number we are projecting for what we consider a busy day will only be met or exceeded on 35 days of the year; that's met or exceeded and only exceeded on 15 days. So as you can see, the 112 vehicles is very, very little traffic and you have to remember, it's been said before, they may not all be "new trips", they may be processions that would have come from one of the adjacent funeral homes that are now coming to Woodlawn that would have been on Sth Street anyhow because all of the traffic to Woodlawn Cemetery does come in off of 8th Street. I'd like to take a few minutes to point out a number of things on the site plan that has been proposed. As you see here this is the proposed site plan and above that is the existing Woodlawn Cemetery entrance. Today there are three entrances and exits one that's...comes basically in to serve the office and then two on 8th Street very close together. What we have done and what the architect has done in this site plan is combined it into two entrances so we don't have any confusion. They can be signed one for the funeral home, one for the cemetery. We've also separated them to give the maximum spacing possible between those to improve the traffic in and out of this area. The other thing I'd like to point out to you is that SW 8 Street is presently budgeted by the Florida Department of Transportation to be widened. Today there are four lanes on Sth Street in this area, two in each direction. The Florida Department of Transportation is going to be putting in a fifth lane, a middle lane for turning movements only, for left turns only. So what does that do? That allows people coming to the cemetery or the funeral home to get out of the mainstream of traffic, the through lane, get into that left turn lane, come directly in to either one of the entrances. That concludes what I have to say at this time, if I have any questions I'd be happy to answer them. Thank you very much. Mr. Gort: Thank you, sir. Okay, sir. Mr. Allen: Mr. Lee Voyce of Voyce - Legier Associates has done a study of what noise might be expected from the funeral home operations and he would like to address the Board. Mr. Voyce: My name is Lee Voyce, 523 NW 28 Street, Miami. I've got a Bachelors degree and a Masters degree. We belong to the American Society of Heating, Refrigerating and Air Conditioning Engineers as well as the Acoustical Society of America. I've worked five years with Curtis Wright in the development of noise control products and for the last 25 years with Voyce - Legier in Miami doing nothing but noise and vibration control work. We were asked to find what impact funeral traffic noise has on Sth Street. In order to determine the effect of traffic noise, we run a study using a sound level meter that measures noise in decibels and because you have a fluctuating noise where you have a high traffic area then a low traffic area, you have to do a statistical average in order to get some meaning out of it and the statistical average consists of taking a sound level reading every ten seconds for fifteen minutes. This winds up with roughly a hundred different readings. You run that into a formula and came up with a kind of an average -average. It's called an LEG. What we did is to go from Woodlawn existing cemetery right here on SW 8 Street the distance to the nearest 10 September 9, 1985, Item 2 Zoning Board 0 " 1 S L'' 10117 The next one we have...analysis we have undertaken is what we would consider a probable peak day or a busy day. For this analysis we left the yearly interments that occurred in 1984 the same, say we'd keep the same business from the external funeral homes, the 300 from Woodlawn Park for a total number of daily processions of 7 which was the peak we found in our analysis plus two from Woodlawn Park for a total of 9. The traffic associated with that would be 301...300 vehicles from the external sources and an additional 56 vehicles for Woodlawn Park. Now that's a total of 112 trips on SW 8 Street or 3/10 of 1 percent of the total traffic on 8th Street. Based on past...last year's performance as far as the number of processions per day, the number we are projecting for what we consider a busy day will only be met or exceeded on 35 days of the year; that's met or exceeded and only exceeded on 15 days. So as you can see, the 112 vehicles is very, very little traffic and you have to remember, it's been said before, they may not all be "new trips", they may be processions that would have come from one of the adjacent funeral homes that are now coming to Woodlawn that would have been on 8th Street anyhow because all of the traffic to Woodlawn Cemetery does come in off of 8th Street. I'd like to take a few minutes to point out a number of things on the site plan that has been proposed. As you see here this is the proposed site plan and above that is the existing Woodlawn Cemetery entrance. Today there are three entrances and exits one that's...comes basically in to serve the office and then two on Sth Street very close together. What we have done and what the architect has done in this site plan is combined it into two entrances so we don't have any confusion. They can be signed one for the funeral home, one for the cemetery. We've also separated them to give the maximum spacing possible between those to improve the traffic in and out of this area. The other thing I'd like to point out to you is that SW 8 Street is presently budgeted by the Florida Department of Transportation to be widened. Today there are four lanes on 8th Street in this area, two in each direction. The Florida Department of Transportation is going to be putting in a fifth lane, a middle lane for turning movements only, for left turns only. So what does that do? That allows people caning to the cemetery or the funeral hone to get out of the mainstream of traffic, the through lane, get into that left turn lane, come directly in to either one of the entrances. That concludes what I have to say at this time, if I have any questions I'd be happy to answer them. Thank you very much. Mr. Gort: Thank you, sir. Okay, sir. Mr. Allen: Mr. Lee Voyce of Voyce - Legier Associates has done a study of what noise might be expected from the funeral home operations and he would like to address the Board. Mr. Voyce: My name is Lee Voyce, 523 NW 28 Street, Miami. I've got a Bachelors degree and a Masters degree. We belong to the American Society of Heating, Refrigerating and Air Conditioning Engineers as well as the Acoustical Society of America. I've worked five years with Curtis Wright in the development of noise control products and for the last 25 years with Voyce - Legier in Miami doing nothing but noise and vibration control work. We were asked to find what impact funeral traffic noise has on 8th Street. In order to determine the effect of traffic noise, we run a study using a sound level meter that measures noise in decibels and because you have a fluctuating noise where you have a high traffic area then a low traffic area, you have to do a statistical average in order to get acme meaning out of it and the statistical average consists of taking a sound level reading every ten seconds for fifteen minutes. This winds up with roughly a hundred different readings. You run that into a formula and come up with a kind of an average -average. it's called an LEO. What we did is to go from Woodlawn existing cemetery right here on SW 8 Street the distance to the nearest 10 September 9, 1985, Item 2 Zoning Board �.J q neighbor. Since there is no funeral parlor here, we used Rivero as a control. Went the same distance away from Rivero and made this LEp, this equivalent -equivalent, average -average noise test during a funeral procession and without a funeral procession. The average -average LEO with the funeral procession was 85, without it 84. The human ear can not distinguish a one decibel difference between two sound levels. It's like going 57 mph or 56 mph, you simply can't tell. The conclusion is that based on experimental...based on scientific...95 percent probable accuracy, a funeral procession has no noise impact on this community. Do you have any questions? Mr. Gort: Thank you, sir. Mr. Allen: I believe there may be some other people who would like to speak. Mr. Liano: Mr. Chairman, members of the Board, my name is Antonio Liano and I live in 267 East 56 Street, Hialeah. They asked me if I were able to cane here and explain how I feel about Woodlawn Cemetery and the idea that they are promoting right now. I say yes because I pleased with the service that they have•.provided me and one of my parent who is already buried in Woodlawn Park Cemetery. I prepared three points to explain here but after I see and I heard all this -tremendous preparation, they have ... I think I don't have nothing more to say. It's so complete, so precise, that I am sure once the idea is accepted and carried on, they will promote jobs in the area, they will increase by competition the service that all the funeral homes will have to provide that I am happy of being here and being one of the clients of Woodlawn Park Cemetery. Thank you very much. (Applause from the audience.) Mr. Levin: My name is Mark Levin. I am the vice-president of Silver Court Trailer Park which operates a trailer park on a tract approximately 8 acres directly east of Woodlawn Cemetery. I've come here to state that I am in favor of the rezoning. I feel that Woodlawn would construct a building that would be an asset to SW 8th Street and to the neighboring areas. It would uplift the area. It is insulated enough that it's not going to negatively impact anyone around it, I believe, and it is going to be the entrance to their property which I would assume would insure that it is going to be a building of architectural merit for the area and I don't feel that it is any contradiction to the neighborhood and therefore, I am giving it my favor. r Mr: Gort: Thank you. Next. Mr. Adams: I'm James W. Adams and I live at 1135 SW 34 Avenue next to Woodlawn Park. I've been there for 34 years and I've lived around a cemetery for 68 years and I worked for Woodlawn from 1928 to 1952 and it's...I've seen it grow from pine trees and Palmettos to a beautiful park. So I'm for the funeral hone. (Applause from the audience.) Mr. Gort: Okay, sir. Thank you. Mr. Allen Just quickly before the other side makes its presentation, we simply would like to point out that we presented a lot of facts and figures and data to the Board tonight not so much to overwhelm anyone with figures but to fairly answer the questions that were raised at the first hearing and simply to establish that these things will not be a problem and as I had said before, I'd like to reserve just a couple of moments to rebut. 11 September 9, 1985, Item 2 Zoning Board c� 11 8.r.0 Mr. Gort: Mr. Korner: address is 4790 SW 8 Street. several funeral homes many of other people here who wish to time at the end to kind of s people to go ahead and give i Ms. Garcia: Okay, sir. Those in opposition. t My name is Nery Garcia... Mr. Gort: Okay, I'm going to ask you to hold the applause. I think everybody here knows what's going on. This is only the second item. We have 13 other items to listen to and it's already 9: 20 (pm) and if we keep applauding we'll extend this and we're going to be here until 2 in the morning and we'd like to get this over as soon as we can. We all have to go to work tomorrow. Ms. Garcia: Good evening, my name is Nery Garcia and I reside at 1112 SW 33 Avenue. Before this meeting goes any further...and I represent a lot of the property owners and a lot of the lot owners within Woodlawn Cemetery who are unable to speak the English language and have asked me to speak on behalf of myself and them. I was appalled at the testimony given by applicant and witnesses by applicants that they have contacted the property owners and the lot owners to have conversations or meetings with them. Quite on the contrary, they have held meetings as I was informed yesterday by one of the funeral homes but it's been with the funeral directors and I cannot believe that this Board, okay, will put the property owners and the lot owners at a disadvantage of not knowing what occurred during these meetings to which they were not privy. I happen. -to live and have the pleasure of living directly across the street from Woodlawn Cemetery. One of the general managers lives on my right and within a three block radius, Woodlawn Cemetery owns and has their employees occupy all the homes except for three. This morning I had the pleasure of speaking to Mr. DiDomenico who has given testimony here and asked me whether I was going to appear tonight. During the past three months or two months he, or nobody contacted me about any of these meeting and I would imagine that if he was able to contact me this morning he could have taken the time to contact me at some other time. Any of the...as a matter of fact there is a lot owner and a property owner that lives directly across the street from them that was never notified and what really surprises me is how the applicant and their...can find witnesses who are lot owners to say how proud he is of the service that lives in Hialeah and can't even contact the property owners that live right next door to them and the lot owners that they have within the cemetery (applause from the audience) ... Mr. Gort: People let me explain something. If we keep this up we're going to be here all evening. Okay? By the way, a point of information, if anyone wants to express this Board in Spanish they can do so. They don't have any problem, they can come up and.speak Spanish. ( Mr. Gort addressed the audience in Spanish then explained what he had said.) Very simply in English, I asked to hold the applause and anybody who wants to address this Board in Spanish they can do so, they'll have somebody that ... we can provide an interpreter to do so. At the same time I'd like to keep the applause down. It's not going to accomplish anything we know who's in favor and who's against it and how many ... and what are the amount of people that we have here. We already have recorded all that. Thank you. (Talking to Ms. Garcia) Sorry. 12 September 9, 1985, Item 2 Zoning Board Sr,* � -iIL'; n F .0 Ms. Garcia: All right. No, thank you very much and in view of what I have just stated I would propose and would ask this Board that they continue the meeting for tonight as much as I hate to have to go through this testimony with numbers and traffic control and noise, etc., which I'm sure, you know, has been time consuming for the Board and for the people here who do have to work tomorrow. However, I don't think that the lot owners and property owners should be at a disadvantage, vis-a-vis, the funeral directors perhaps because they just happen to, incidentally, be in the same line or occupation as the applicant Woodlawn Cemetery and the proposed funeral home that they intend to establish. Mr. Gort Ma'am, any questions come up I would like for you to take note so that you can answer at the end. I'm not going to have a debate forum take here today. Okay. Thank you. Go ahead. Continue. Ms. Garcia: All right. We're going to continue nevertheless? Mr. Gort: Yes, ma'am. Ms. Garcia: Okay. I come here today because I think that the proposal set forth by the applicant is highly prejudicial and detrimental to four main interests. Not only is it detrimental to the funeral directors' interest, and I'm sure they have their attorney that's going to speak on this and I won't consume the time here to do so unless it incidentally spills off in the other interest, but there's also the interest of the lot owners, there are the interest of the property owners and there's also a greater interest which is supreme to any of the private and business' interests here and that's the interest of the community as a whole which I consider to be more important even though I happen to be a property owner. With regard to the property owners, their main concern, they have various concerns, their main concern is that in switching this from a strictly residential zone to a coamnercial- resi... you know, commercial zone that it will decrease their property value. A point that I wanted to bring up which I strongly believe in is that if these people wanted to live in a combined commercial -residential area, they would have done so, they would have not paid the amount of money that it takes to purchase in a residential area because as I'm sure everyone here is aware of...residential properties in residential areas tend to be higher in prices, obviously, than strictly -combined commercial areas. With regard to the„ excess traffic and the excess noise and etc., worthy as the expert testimony here is, I happen to live and have lived there for 13 years, I can tell you without a doubt that there is going to definitely gonna be increased traffic. What they have neglected to tell you is, the main artery into this proposed funeral home is going to be SW 8 Street. Most of the people that go in there go through S(W) 8 Street. As they had mentioned they have two other exits. One of the exits goes onto 16 Terrace which is strictly residential area and the other entrance or egress whichever way you want to put it also goes directly into a long street -which is really like two or three streets long which also happens to be residential area. Now, all these homes are only separated from the actual cemetery itself by not a distance greater than, I would may from where you're sitting to where these people are sitting. So it's pretty close. It's very hard to believe and one would have to be very candid to think that there's not going to be any increased traffic in those residential areas and that there's not going to be any increased noise no matter ... you know, as worthy as the expert testimony is, you don't have to be an expert and measure in decibels. I mean you can either tell if there's noise or if there's not noise. It's just, you know, simple as that. 13 September 9, 1985, Item 2 Zoning Board ��tk 7 The residential property owners don't wants. -there's another problem that affects the residential property owners and it's the parking situation. They have claimed that they have... they're going to have more parking spaces than all the other funeral homes. I have not taken the time or I really don't have the interest in counting them but I did note because I've been to Rivera, Funeral Home, that their statements as to the amount of parking space in Rivero Funeral Home is inaccurate because they probably neglected to count... they have... they have underground parking and they have upper parking and it's really not 39 or 41 parking spaces but Rivero Funeral Hoene has 89 and much as I hate to say this here, the fact that Rivero Funeral Home is where it is today has cost a lot of excess parking for a whole clock and a half radius to the side of where Rivero Funeral Home is. If you compound this problem with the problems that you're going to compound when increased traffic and business goes into this proposed new funeral home, it's going to be a mess especially for the residential areas. What they also neglected to tell you is, assuming that they put in the amount of parking spaces which they want, let's say that this is going to take care of the prospective customers or clients, but what happens... where are their employees going to park? I take it that they're going to have two funeral directors, they're going to have to park somewhere. They're gonna need support of staff; they're going to have to park somewhere and with the new services, funeral homes, I would imagine that delivery trucks are going to have to be coming in to take supplies in and to take supplies out. So where are those cars going...where are they going to park? If they're going to park in the very same area where there's really no room, then you can't say that the beauty, okay, and the aspect and the dignity of the cemetery won't be affected because, you know, - you'll have these trash cans, you have the trash cans coming out and you have delivery services. I'm not really that knowledge- able of what it takes to run a funeral home but I would imagine that it needs a lot of supportive services. I know for a fact Rivero has a back door which they claim they're not going to have and through this back entrance and this back door that Rivero has, that's where all their delivery trucks and their trash cans and what not, you know, gets taken care of. So I really descent with the traffic situation and even more importantly, as I said before, most of the traffic that goes into the cemetery and I know this from personal experience, goes in through the SW 8 Street even if they had the funeral home inside the cemetery, whenever they get around to burying somebody, the relatives, families, dear ones, etc., they're all...if the burial is at 11 o'clock, you know, you're going to have 30 cars all coming in at 11 o'clock and there's no two ways about it and there's no helicopter or airplane service to the place so they have to come through SW 8 Street. Now the traffic control expert has mentioned that the Florida Department of Transportation plans, he doesn't say when, how long it's going to take, whether it's definite, I haven't heard anything to the, you know, to this effect, but that they plan to establish a fifth lane which I can't see how they will because it's...you know, the lanes, traffic lanes there are not very wide as it is right now but assuming that this is correct and they're going to establish a fifth lane close to the cemetery where people are supposedly going to be able make a left turn, I wonder whether they're going to do this the whole length, okay, of SW 8 Street and I find that impossible to believe because of my driving experience in the Miami area, very rarely do you have a left hand lane signal that covers a two or three block radius, it's usually at the very end just before you get to the traffic light unless they're going to make an exception in this case which I, you know, am not aware of and I really doubt that they would. So as far as the property owners that's basically their problem. They don't have the advantage of saying, "All right! We don't like the situation we're going to move somewhere else." If you take a look at the audience you will see that you don't see any young enterprising executives. These people are older 14 September 9, 1985, Item 2 Zoning Board f 11,;` people who have worked all of their lives or most of their lives to purchase a piece of property, whom have made an investment and who can't say, "Well, I want to move somewhere else," and go to a bank and say, "I'm getting financing," and they're going to say, "Yes, what are you going to put up as collateral? What's your income, your social security?" You know, they don't have that advantage so as far as the property owners... then they're also concerned that the beauty of the residential area is going to be, you know, it's going to be lost. If you pay money and you work t hard for something that you want and you get it, nobody's entitled to, especially a private interest can not control over public interest. Now with regard to the lot owners that I've been asked to speak to ... an their behalfs, they are concerned about the loss of privacy. There is no...again, it's very hard to conceive that when you have a new funeral home inside a place that there's not going to be increased traffic, there's not going to be increased people and what's going to happen is if you can't readily leave on SW 8 Street or towards out S (W) 8 th Street, you're going to use the other two exits which is SW 16 Terrace, strictly residential, or the side which would have been, I guess 12th Street which no longer exists because the cemetery has a fence thrown through there and you can no longer go down l l th Street or you're going to have to cone out my exit which is SW 11 Street which incidentally also happens to be a dead end street. So, I mean, to us, as property owners, it would be highly detrimental and the lot owners, they're very, very concerned that they're going to lose privacy. You know, this is...this is a type of situation where you don't go to a cemetery because it's a social - gathering. There's a lot of pain and there's a lot of suffering ._ that comes with death and they want to have the dignity, the privacy and the solitude to cry or to be there alone with their thoughts without having to have this excess traffic coming in and out of whatever exit and most importantly, and which is something that the property owners have mentioned to me, when they contracted to purchase this piece of land, certain representations were made on to them in this contract, namely, that they would have dignity, loss of privacy and most of them that I have spoken to have expressed a desire that if this funeral decision goes through that they're going to have to file for breech of contract either individually or as a class action because they have entered in a contract, they have paid money, a lot of them are making installment payments which brings up another point the applicant says, "It's very hard to contact these lot owners" when not all these lot owners have been dead for years. A lot of them, and I know this for a fact because t Woodlawn Cemetery has contacted me whenever it's convenient for them to do so to sell me cemetery property which I don't own, and they have installment plans. So a lot of these lot owners could have been contacted because they owe money or it's something that's current, you don't have to go back to 1913 to find people who died back there or loved ones and I always say if they can find somebody in Hialeah to come in here, they surely can find the people that are directly across the street from them. Another problem with the lot owners that they're concerned now is that a lot of them want property in Woodlawn Cemetery. It's a beautiful cemetery. It's always very well kept, it's gorgeous on the inside. I've walked...my father has done work for the cemetery and a lot of people when they get there, they have... they have another area of land where they can establish this funeral home if they're so concerned about it. The community does not need any more funeral homes. When you live within a 25 or 30 block radius and you have 8 funeral homes, you know, you are just fed up with funeral homes. There's the law of, you know, law of supply and demand and the laws of supply and demand says if there in, you know, if there's demand there should be supply. There is no demand. I believe, you have van Orsdel which serves the American community. You have a lot of the Latin funeral homes that serve a lot of the Latin needs and let's face it, okay, again, I've been in that cemetery and I know 15 September 9, 1985, Item 2 Zoning Board a �} .3 Al this for personal reason...from personal knowledge, most of the people who are buried there happen to be either Anglo or they happen to be Cuban and they're segregated into the Cuban area and to the Anglo area. There might be blacks, there might be Italians, there might be Greeks but you can count them. Okay. There might be one or two Italians here and there, or one or two Greeks here and there. It's not composed mostly of Italian and mostly Greeks but even so, even if that were the case, there is enough... there are enough funeral homes in the service to serve the needs of the community. And to wind this up and to give somebody else an opportunity to speak on this especially the funeral homes who have great interest also, I would say that at stake and this directly ties in with the funeral, it's a spill over effect into the funeral home, at stake is our system of free competition. Woodlawn Cemetery currently, I wouldn't say...Woodlawn Cemetery has its services and its functions. They control a lot of the... they sell the plot, they sell the plots of land, as they say they sell interment rights. There are a lot of things that they sell. The funeral homes strictly sell funeral services and this is the service that they're in for. I can not conceive and I am very much afraid as a member of the community, not as a private owner, I'm not speaking for the lot owners, property owners or the funeral directors but as a member of the community itself, I want free competition and I don't want one cemetery monopolizing every single service that can be provided in this unfortunate but necessary and inevitable thing that is death and i.f I want to be buried at Woodlawn Cemetery and have my funeral service somewhere else, I want to be able to do that. I am dearly afraid and with justification that they are going to give priority and this is going to be detrimental to the community as a whole, that they're going to give priority, this is a business, we're talking about profits, and when it comes to giving either an opportunity to the other funeral homes and to the other people or them, it's going to be them. As they said, they only do about 12 interments per day and it sort of boggles. my mind and I kind of wonder about this, if you're in the business of having a funeral home and you are also in the business of interring people, and you only have 12 of these services or 12 of these interments per day, I wonder how lenient and how open minded and how much of a business person you're going to be to let the other funeral hones have an equal say in this. I don't want monopolies. And lastly and to wind this up, the courts of this country consistently within the last 150 years have rejected the notion that private interest are supreme to public interest, to the public good, the public safety and the public welfare and I doubt very sincerely that this Planning Board tonight will change that law and will go against the law and let private interest be supreme to public interest. Thank you so much. 3 Mr. Gort: Thank you, ma'am. Next. (Applause from the audience.) Mr. Van Orsdel: Mr. Chairman, members of the Board, my name is Clifford Van Orsdel and my central office is at 3333 NE 2 Avenue and our firm has been in the field of funeral service here since 1924. We're the oldest continuous operating firm in Miami, still under the same management, same ownership and I have personally been with the firm since 1924. I have probably served more families than anyone in the Miami area and I've been in Woodlawn Park Cemetery, more than any other funeral director through the years. We've always had a very good relationship with Woodlawn Park Cemetery. We have served the families, the Wilson family that owned the cemetery originally, the Sharp family that own it now; however, I shouldn't say family because the young man that spoke, Harry Sharp, is now the sole owner of the cemetery and these are his plans and he has also made plans to go into the field of funeral service at Woodlawn lb September 9, 1985, Item 2 Zoning Board 8� Z South which is another cemetery that he owns completely down Killian Drive and SW 117 Avenue. At that cemetery the entrance to the cemetery is on Killian Drive. The entrance to the proposed mortuary is around the corner down on 117 Avenue possibly a 1/4 of a mile away. This is a good arrangement and we filed no objection to that whatsoever. In this case, it is not the amount of traffic that's going to come into Woodlawn North on 8th Street, it's a question of what's going to happen inside of that cemetery if they establish this mortuary and these people are fine people but they y are not experienced funeral directors in the Miami area and I don't think they realize what is going to happen. Now we have competed against everyone here since 1924. We arc not bothcred by the fact that someone else wishes to go into the field of funeral service, we just assume they didn't but if they come in, we'll welcome them as competitors and we'll be friendly and cooperative with them. What we think Woodlawn should do is go across the street on SW 8 Street, build their mortuary over there. The property is already zoned for funeral service and keep a lot of this problem that is going to develop in there, keep it across the street. If it canes across the street into this one building, there are going to be four different companies operating in that building. We're going to have the mortuary in there, we're going to have a flower shop in there, we're going to have a monument cane in there, they're going to sell cremation urns and solicit the direct cremation business there and it is going to be quite congested. Now one thing that has been happening through Miami in quite a number of years now is the custan of the large Protestant funerals being terminated where they're held. We recently had a funeral, a large funeral, close to 500 people and incidentally, we have funerals of this size once or twice a month in our six places around Greater Miami. This funeral was held in a church in Coral Gables and was concluded there. The family went into the narthex, the vestibule at the back of the church and received friends .there, it took over an hour to do this. At the conclusion just the two family cars and the hearse and the lead car went to the cemetery. Now if Woodlawn goes into the field of funeral service, they may think that they're going to be able to tell all of the families that they must have their funeral at their mortuary chapel but they will not be able to successfully tell those families that they can't have their funeral in the mausoleum chapel because they allow people to have funerals in the mausoleum chapel. Now if a family unwisely -- and people don't know too much about funeral service, you only have a i funeral in the family about once every fifteen years -- they unwisely choose to have one of these major funerals in the Woodlawn mausoleum chapel, you may have...may find in that cemetery as many as 200 or more automobiles. Now the roads in Woodlawn Park are not wide; they're just roan for two cars to pass on these roads. There isn't a road in there that you can put three cars on. if you line up 100 cars, one behind the other, you'll stretch out for just about a mile. Now those roads also are not built like the average road. The average road is built with a crown on it, it's rounded on the top and the water runs off. The cemetery roads are built flat with a curb on each side and they're lower than the ground surrounding them; they're lower, the water will run into. I could tell you from personal experience through the years south of the mausoleum in a heavy rain the soakage pits they have there will not handle a heavy rain. I have seen a lake, practically, all the way from the south end of the mausoleum almost down to where the road turns and goes straight dawn onto 16 Street. Now there are no sidewalks in the property. There's no place for pedestrians to walk. If they want to walk on a hard surface they have to walk on the road. Now if the road is all covered with water, where are they going to walk and they're two blocks away and it's rainy, what a situation! And how are other funerals going to get 17 September 9, 1985, Item 2 Zoning Board be A' in an out of that cemetery and other people who want to visit graves, going to get in and out when the roads are all clogged up, the streets are clogged up with these huge funerals that occur once in awhile? Now there's also going to be a problem...Ohl I should say also that there are only six designated parking spaces in addition to what you can put up right in front of the mausoleum entrance. You can put your lead car, your hearse and a couple of family cars there, that's it. There are six parking spaces that have been created over there on the west, southwest corner of the mausoleum, that's it, otherwise you park in the streets. That's all there is to it. Now up at the front of cemetery up there, they talk about their parking up there and they do have quite a bit of parking up there. The man said 80 spaces, when I counted them the other day there were about 56, I think, but then he was counting space down there on the grass down below to get up to 80. But what they failed ... what these people failed to realize is that you don't just have people coming into a funeral service establishment willy-nilly without anybody interrogating them. They're asking them where they're...what they want to do. Are they going to go to the cemetery? Are they not going to go to the cemetery? In this instance, did they come here to buy a cremation urn or did they cane here to see about a lot or what. Now you're out on 8th Street and I don't know as you're going to be too familiar with which one of those entrances to go into. We may have a left turn lane there and that will be nice but people .will back up in that left turn lane maybe three or four or five of them and then when they get an opening to go across, then they'll go over there and the man will have to stop them and... to find out what they want to do and then they're backed up out there and blocking traffic. ` If they will settle all these problems across the street, and get it all worked out over there, a policeman can go out there and stop traffic for five minutes and you can run a hundred cars almost across the street in five minutes time and that's where they came in now, we come in there orderly, we come in with a motorcycle escort and it is very easy but right... if you have a funeral, big funeral going on there and people parking out there in that other space out there to the right and the east side, you're going to have some real problems in addition to other people going the other way because if you park a few cars along there and then you just reduce that to one way traffic by those cars, there's no other way to do that. Now... j Mr. Gort: Excuse me, sir. Mr. Van Orsdel: Yes. Mr. Gort: I wish you would speed it up a j little bit. We got quite a few people who want to speak also. Mr. Van Oradel: I realize that and I think I made most of my points except I do want to say this. If you ... about a week ago I started calling lot owners because I didn't think that they had been notified. We have made no attempt to get people down here to talk. I didn't ask this nice lady to talk and she's done an excellent job in presenting the facts but I've had no trouble in reaching lot owners. I've reached people that bought their lots clear back in the teens and I don't want to call any names ... at all the people I had talked to, I just finally, I quit because everybody I talked to is against Woodlawn Park going in there and destroying the natural beauty of that beautiful place. There are two big Banyan trees that I would guess had been there for 70 years. They've been there since 1920 to my own personal knowledge and that is where most of the birds stay. Inciden- tally, the place has been named "The Bird Sanctuary" by the members of the Shenandoah Garden Club. if they were around anymore, why they would probably be down here in mass to object to this thing. 18 September 9, 1985, Item 2 Zoning Board k Ok A cemetery'is supposed to be a beautiful, quiet, tranquil place. It has the beauties of God given nature and there's no building made with stone and cement that is going to be comparable to what you find in there that was drawn by the Lord's power and taking this away is in my estimation a violation of the contractual agreement that you have, maybe it's not down on paper but they have an obligation to maintain that and I want to see that maintained and I don't want to see the cemetery made into a mess. If they want to go across the street, fine, let them go over there where they should build and we'll have no trouble. But they didn't want to contact the lot owners because the lot owners are just unanimously against it. I had two lot owners that said, "I'm totally against this but don't put my name down on the list because we're personal friends of Harry Sharp," and that's the way it is. If you contact these lot owners I don't think you will find ... you won't find 5 percent of them that are in favor of Woodlawn doing away with this natural beauty which is the only really nice, big, beautiful landscaped spot in the cemetery. gentlemen. Mr. Gort: Thank you, sir. Next. Mr. Van Orsdel: Thank you for your time, Mr. Gort: Next. Ms. Range: Thank you. My name is Athalie Range. I'm a funeral director in the Northwest section of the City of Miami. I reside at 5727 NW 17 Avenue here in Miami. I've been in business for 32 years. I'm not going to attempt to argue the traffic pattern because I think that has been explained very well but I do have another angle that I'm interested in and that is the space which is needed for actual burial and for which the property was purchased and sold to begin with. To have that space taken to place a building, I think, is not only an unfair thing, but it's something that's going to be needed. Now, the opposition will surely say that the area in which the funeral home is to be built is not actually dedicated for grave spaces. Nevertheless, in a City the size of Miami with the tremendous growing population, even though it was pointed out that burials have decreased by 1 percent, our rapid growth is going to demand more and more grave spaces within the City limits of the City of Miami. I feel that in the County it's a different matter in many instances but in the City of Miami space is at a premium. That space if it were ever...if the beautiful Banyan trees of which Mr. Van Orsdel spoke, must be removed then that space should be used for burials. It is stated that the funeral home itself will cover about 11,000 sq. ft. If you are better mathematicians than myself, you would find that 11,000 sq. ft. would admit ... permit almost 1,000 graves on a level and possibly 2,000 graves at double depth. This is a lot of space which is actually needed. I feel also that it would be precedent setting and this is what interest me most. In the general area of the City of Miami our space is so very, very limited that we simply can not afford to stand by and to see buildings go where spaces were provided for from the very outset to be utilized for graves. This is our feeling about it and I would ask that this be denied in view of the fact, I hope you will bear in mind, that the space is actually needed for burial. Thank you very much. Mr. Gort: Thank you, ma'am. Next. Ms. Garcia: My name is Maria Garcia and I own apartment 216 at 3181 SW 13 Street. I also own two lots, two double lots at the cemetery and I could not be in more agreement with what Ms. Garcia, Mr. Van Orsdel and Ms. Range have said here this evening. Therefore, I don't want to be repetitious but I would like to make emphasis on the fact that I was never notified 19 September 9, 1985, Item 2 Zoning Board i .� as an owner, both as an owner and as an adjacent owner of property and as an owner of two double lots in the cemetery about the -changes that they're going to do in the cemetery nor was I ever notified about this meeting that is being held here tonight. Thank you. Mr. Gort: Thank you. Next. (Pause while someone was getting up from their seat to go to the microphone.) If you want to speak, please, why don't you stand up and line up in here for the sake of time so we can go ahead and save time. Yes, ma'am. Ms. Caballero: Okay. My name is Patricia Caballero and I reside at 13474 SW 11 Terrace. I'm going to be very brief because I know we've already graduated from parking 103 and beauty 104 and all that other stuff that we're talking about. I have two points that I want to bring up. Mr. Sharp was talking about the prestigious people that he has served in the cemetery and so forth and I'd like to add to that we have been fortunate or unfortunate enough to have served the majority of if not all of the people that he mentioned and not one of them is in favor of this, not one of them or else they would have been here today. Obviously, they are very influential people and none of them have chosen to be here today. I also have received...I have two letters from two people that we have served that I have not solicited, they have voluntarily written to us saying, "Hey, we've been clients of you. What are you doing about this? We don't like this and what's going to happen?" and I have two letters that they're explaining their complaints, so on. I have also been contacted by Mrs. Ariano who is of the Barcardi family who is one of the people that either Mr. Sharp mentioned or...and she is also against this and she could not be here tonight but plans to send the letter in for the record to show and she is in firm opposition to this and she owns many lots in the cemetery and they have not been notified of any of this which is the reason why she couldn't be here. I called her at the last moment, she couldn't be here. Also I'd like to bring up the point that as you all know the clock is ticking and the same thing happens to us when we're running funerals. The clock doesn't stop ticking. There are only eight hours in a day that you can run funerals into Woodlawn. So they may not want to be preferential but let me tell you, they're gonna have no choice because they're going to be there first and the ultimate loser is going to be the community, the people that we serve and whether they choose to come to my firm, to R ivero or to anyone else here, we're not afraid of competition. We're all here, we're all together, this is community interest and that's who we're representing, not ourselves but the people that we serve and that clock is going to keep ticking when those eight hours come and there's only funerals that can come in at either 9, 10, 11, 12, that's it, that's all you can have. So if they're going to have 300 burials that are going to be coming, you're gonna tell me these people aren't going to have to wait? They sure are. They're going to have to wait 2 and 3 and 4 days to get in there and that's what's going to happen. So the ultimate loser is the community. It's the consumer and I think Woodlawn is also the ultimate loser because right now they can afford themselves the luxury as being the number one, the most beautiful, the most prestigious cemetery in South Florida or probably all of the Southeastern United States and they could charge anything they want to for property in there and they do and they get it and people pay it willingfully. In the future, I don't think that's going to be true, at least not from what I have heard. So I think they have a lot more to lose than they do to gain. Also, I'm sure you all know that zoning is...may be restrictive but they can present this beautiful building and all these experts and parking 101 and all that stuff as I said but that doesn't restrict them from doing anything less inside the 20 September 9, 1985, Item 2 Zoning Board �44 r� r � 1 k cemetery. If that doesn't go well for them, they can do anything else. Once they have the zoning that's it. These people have nothing to say about it. The law doesn't require them to notify the property owners. The law doesn't require them to do anything. These people have no protection other than us here tonight. Thank you. Mr. Gort: Thank you. Next. Mr. Casales: My name is Alex Casales. I live at 3310 SW 10 Street. I live in the area there. I am a neighbor of the area unlike everybody in that section who is all for it. They're all...it's going to be so beautiful but none of them live in the area. They don't care how it canes out later on... (Someone spoke out from the audience. Inaudible.) Mr. Gort: Excuse me, sir, what... Mr. Casaless Okay, I'm...okay. There's a lot... there' s an awful lot of people that voted for it. Okay, they live on the property but they also work for the cemetery. Okay, let's state that. If you...if you have...if you really count it, I'm sure there's 90 percent of the people who live in the area or 95 percent of them...I'm...a lot of those people that you presented work for you. Mr. Gort: Mr. Casaless Mr. Gort: address this Board... Mr. Casaless Mr. Gort: takes place in here. Mr. Casaless Mr. Gorts Believe me, have faith in us. Mr. Casaless Mr. Gort: Excuse me, sir... I'm sorry but it just... Will you address...will you Yes, sir. We are aware of everything that Okay. We've been here for a long time. We have experience. Okay? Okay, sir. I'm sorry. Thank you. Mr. Casaless Okay. I've lived on the property for 22 years. The neighbors behind me 18 years, 13 years, some here 20 years, 18 years. We're all against it because we've seen the traffic increase over the years and it's continuing to increase. I'm not going to align myself with the funeral owners that are here because on the contrary, they have...they have...they have built a funeral home on 34th Avenue and 8th Street and that increased the parking to where all along 34th Avenue, along the cemetery, every night you'll see cars parked on 8 th Street all the way down to about 10 th Street, 9 th... no, all the way down to 12th Street you'll see cars parked and then you're trying to... and it's a dark street. You come.. -it's a very residential area but then you're driving along there at night and all these cars parked there, all of the sudden these cars pulling out and everything, it becomes dangerous. During the day people that want to go into the cemetery, they don't know the way, they cut in through all these side streets to go to the cemetery. Okay. I'm sure they can pay anybody to tell us traffic is not going to increase. You can pay anybody to say anything and they're gonna say the way they want it to be presented because they're paying for it. I can pay... if we wanted to, if we had enough money, but we don't have the money. 21 September 9, 1985, Item 2 Zoning Board pp L (-. C7v 1177 y f We're just middle class people here. If we had the money, we could pay somebody to say there's not going to... there's going to be ten times as much traffic as they say there's going to be. But we just live here. We came home after a hard day's work . We have children. Okay. We worry about the traffic in the area. These people live in Coral Gables. They live in North Miami Beach. They live in Hialeah, everywhere. They don't care how the traffic. They all...it's very beautiful to them because they go home somewhere else 40 miles away but we live in the area. When we bought this area, we bought the property a long time ago. We've been there for 20 years. Okay. We've lived there for so long, we want it to stay the way it is. I don't want to take anymore of your time. Thank you. Mr. Gort: Thank you. Next. Mr. Van Orsdel% I'll try to make this very brief. I'm Don Van Orsdel. I reside at 1021 Almeria Avenue and I work with Van Orsdel Funeral Chapters. For decades we've been recommending thousands of families to Woodlawn Cemetery. They're really the finest in Miami and we have very excellent relations with them. Since 1913 families have purchased graves at Woodlawn and driven through their beautiful entrance as they entered the cemetery. Cemeteries have always been considered sacred ground and by law expressways and roadways can not be built through them. Nothing can be disruptive in a cemetery. The area being considered for rezoning is an integral part of the cemetery and the beauty which families have purchased since 1913. To destroy or change it in any way would break faith with those grave owners. If this change does occur people will drive into the cemetery one day only to possibly find a parking lot right next to their loved one's grave and a large two-story building at the entrance of...instead of beautiful trees, a big beautiful pond and other amenities. This is not really a legal issue tonight, it's a moral and an ethical one. And to clear up the record about...one thing about burials, of course, Woodlawn has stated they do approximately 1,400 burials a year. As recently as two months ago on a Tuesday, of course we have a lot of Monday holidays now and of course, the cost of opening and closing a grave is higher on Saturday afternoon which eliminates a lot of burials so you almost have a 2 1/2 day moratorium on these Sunday and Monday ... of course, the cemetery is not open for burials every Sunday and of course on the Monday holidays you have up to 2 1/2 days there. On some Tuesdays, they can have up to 15 burials as they had on one Saturday a couple of months ago and they can't really handle 15 burials in a day. So with the funeral home added on top of that, that's going to cause other problems. Thank you very much for your time. Mr. Gort: Thank you. Next. Next. (Pause while waiting for someone to approach the microphone.) If you're going to speak, please, I'm going to ask you to line up in here so you can be right afterwards. (Mr. Gonzalez began speaking at the microphone in Spanish.) Mr. Gort: Do you want to translate? Mr. Perez-Lugones (translating): I am going to speak in Spanish. Mr. Perez-Lugones (translating): My name is Gerardo Gonzalez. I live at 3310 SW 10 Street for the last 22 years. As answer to one of the owners of the cemetery, this is a luxury cemetery, we are not interested in the luxury or who is interred in that cemetery. 22 September 9, 1985, Item 2 Zoning Board U. 8v �� it Mr. Gort: (Spoke to the Mr. Gonzalez in Spanish then translated in English.) I asked the gentleman to please slow down a little bit so he can allow the translation. Mr. Perez-Lugones (translating): Briefly, a few words because I didn't come prepared to speak in Spanish. I promise that if this problem is going to take longer I'll be ready to speak. At this time I say that I am in opposition completely to alter the peace of the area. Mr. Gort: - Next. Mr. Garcia: My name is Bernardo Garcia. I live in the 4100 NW 7 Street. I want to mention (word unintelligible) that the Woodlawn Park Cemetery is the preferenced cemetery for the Gypsy families. The Gypsy family repose 72 hours continually, day and night. Also, when they have the repose time they have the music; they cook in the barbecues. In the other word, they have like a festival sort or something like that, went for three days continually. We have a different funeral director here and we refuse all Gypsy family but also we know all Gypsy family, community family, use the Woodlawn Park Cemetery preferably. Also, when they have the funeral home, they supposed to use the funeral home for Woodlawn Park. What happen, you have your family viewing in the next few feet in the funeral home, we have the big party for 72 hours, how do you feel when you know your father is buried in the next two feet with the festival is running for the Gypsy family. The last week they have the Gypsy service and they supposed to call to the security for try to control the people. That's the only one...the Board...the consideration about for the sensitive, for the family, they have the burial of the member in the cemetery Woodlawn Park. Mr. Gort: Thank you, sir. Next. Mr. Pou: I just want to say I live at 3325 (SW 11 Street) and my name is Jose Manuel Pou and I just want to say I'm against this. Mr. Gort: Thank you, sir. Next. Anyone else? Anyone else? Once? Twice? (Addressing Mr. Korner) It's all yours. Mr. Korner: I think we have several major problems here. The biggest problem seems to be the traffic. Now when SW 8th Street... Mr. Perez-Lugones:.. Mr. Korner: procession... Street. Mr. Perez-Lugones: Mr. Korner: Mr. Perez-Lugones: Name. ...is used for a funeral Bob, name and address please. Name is Robert Korner, 4790 SW 8 Thank you. Mr. Korner: When you have a funeral off of the Trail you ... with a procession, you have police aiding in getting them through the traffic. It doesn't cause the problem that that same number of people would cause by going to a funeral home on this property. Now another problem, of course, is the change in the appearance. Right now the entrance to Woodlawn Park Cemetery is a park entrance and it is beautiful. It is going to be lost if they make this change and convert it into what would be a normal commercial parking lot entrance. Woodlawn Park has used the term beautiful forever in their ads, you see them in the yellow 23 September 9, 1985, Item 2 Zoning Board 8 c- 'i n] I e0 section in the phone book and their other advertisement. Those two words "beautiful forever" has been their slogan and I would have to say that that slogan is misleading if they intend to destroy the beauty that is there. Perpetual care implies a permanence, a lasting quality which is going to be lost. Their plan is disruptive of the peaceful and tranquil entrance that this cemetery now has which is a very important asset. It's the atmosphere that you want to create when you're going to a funeral, when you're going to a burial, when you're going to visit some of your loved ones who are interred in that cemetery. They have represented this cemetery to the community for many years, 72 years I hear, and during that time they have indicated that this is the way it's going to be, this is the way it is. There's been a permanence here and I think that it would be a shame to destroy that now in the name of commercial activity in an attempt to -put a business in the middle of a cemetery. Now, for many years in the State of Florida cemeteries were not permitted to operate mortuaries and there was a reason for that. That reason is still valid and still recognized in many other states, most states, many states do not permit cemeteries to have mortuaries and there's a reason for that. They believe that there should be a separation between the person who is providing a funeral service to a bereaved family and the person who goes about selling grave sites. Now this separation between grave site sales and funeral services is necessary because although the funeral directors are highly regulated, have to stand up to rigid codes of ethics, grave salesmen don't have to meet any of those requirements. They're not in the funeral director's business and they are like any other salesman. They are entitled to use whatever sharp practices they wish to make to make sales and that's what they do. They're competitive, they work on a commission and they're anxious to make a sale. Now as long as you can keep the bereaved family away from sharp salesmen, there's a chance but what you're doing here in allowing both of these uses to be on the same property, you're encouraging that. When a person cones there for a grave site, they're going to be approached by a sales person who also wants to sell them a funeral service and that combination violates all sense of fair, competitive enterprise. When these two businesses are operated from a single location, they're combined into one to make a one stop shopping enterprise, that's incompatible with the customary way that this community has handled the interment of their deceased by bereaved families. We don't need one stop shopping when it cones to laying to rest our loved ones. Now there was talk at the last meeting about a covenant where they would agree to build a funeral home and nothing else. We haven't heard about a covenant tonight. I saw a covenant after this meeting started. The copy that I was furnished indicated that they wanted to covenant with the City and to the City only; it would not inure to anyone else other than the City, it wouldn't inure to the citizens of this community but to the City, not to the public, and it could be invalidated without a public hearing. There was no arrangement for corporate seal or attestations that are required and there was no accompanying Opinion of Title. I assume that they're going to answer that in their rebuttal and I would indicate that the covenant that I saw is totally unsatisfactory and doesn't mean anything and is worthless as far as trying to get it enforced. Now they've indicated that they...their actions show that they have a reluctance to notify the owners of grave plots. They said that it's expensive and difficult. We suggested an alternative over six weeks ago that they publish a notice. They haven't chosen to do that and I think there's a good reason why they haven't chosen to put the owners of these grave plots on notice, they don't want to face the consequences of what they would do with the 60 or 70 thousand grave owners, grave plot owners, if they knew that they were going to destroy the very 24 September 9, 1985, Item 2 Zoning Board 8'v' 11Wi Al IN beautiful entrance to this cemetery that was a major contributing fActor in their purchasing the grave sites to begin with. We have another problem here that has not been addressed and it's simply that the zoning code of the City of Miami rightfully prohibits the use of residentially zoned property for ingress and egress to a commercially zoned property and as we all know, the internal driveways in this cemetery coning from 16 th Street and from the street on the west is zoned residential, it will allow and actually encourage people to use residentially zoned property to get to this property. That is a violation that I don't believe any of us should encourage let alone condone. Now they intend to zone this property deeper than any other zoning on 8th Street. You'll notice the other zoning on - 8th Street goes back 100 or a little more than 100 feet, this property goes back twice as far. Now is this a precedent that they want to set for 8th Street property zoning? If so, you're going to end up with a lot of zoning that will go all the way from 8th Street to 9th Street or from 8th Street to 7th Street, meaning that now people with homes will have to face commercial zoning, a very undesirable zoning practice, not one that should be encouraged. They've indicated that the objections made by the objectors are not relevant. I would suggest that much of their presentation is not relevant. I know of no problem as far as the amount of traffic noise associated with a funeral. Their traffic study, you'll notice was only done over a ten day period and they used Sundays in that ten days and we know that there are no funerals on Sundays so I have to wonder why they used Sundays, why they only used ten days and why they did it 24 hours a day when everybody knows that the cemetery is closed at 6 o'clock in the evening. So I think the survey that they made really doesn't address the traffic problem. I think it was done for a purpose and that's obvious to all of us who have heard the results of that. We've heard about the widening of SW 8 Street. It's interesting to note that the plans that I have seen for the widening and rebuilding of SW 8 Street does away with the landscaped tree lawn between the sidewalk and the pavement. This is the area that now has the beautiful mahogany trees on the north side of this cemetery. You'll notice their new plan doesn't leave an area to replace those trees with. The green area north of the sidewalk is goinq to be lost. There is no area south of the sidewalk to replace those trees. Right now there are large open areas south of the sidewalk that could be used to replace that landscaping and I think it would be a terrible degradation of the appearance of that cemetery to ,think of that street as being rebuilt, the mahogany trees gone and now a 5' grass area between the parking lot and the sidewalk. , They've talked about -their 81 parking spaces. I'm sure that number is correct or nearly correct but I think we have to realize that that 81 spaces is not for a proposed funeral home. It's for a proposed funeral home for the continued use of a cemetery office, for the continued use of an office selling grave markers and urns and for a flower shop. So how many of those spaces would be available for a funeral hone. We have to assume it's going to be a good many less than the 81 because already they are using about 18 spaces for the employees that they have in the cemetery office. So, whereas, the 81 sounds like a nice figures, it is certainly inflated when you consider the other people who have to use the parking area there for things other than the funeral home. Now we've seen some site plans here and I think we all realize but just...I would like to point out anyway, they are not bound by these site plans. They can cone up with any different site plan that they want tomorrow, the next day. They are asking for a rezoning and that rezoning is not tied to any site plan, any square footages, any number of parking spaces, any traffic flow program that they've testified to here today. They are free to do as they please if this property gets rezoned to a commercial classification. ` 25 September 9, 1985, Item 2 Zoning Board I would ask that under these circumstances, for the benefit of our community, that we preserve what is a very fine cemetery operation and not allow it to be changed into a combination cemetery/funeral home operation that can not be acc- mtodated without destroying a great deal of the beauty and the functional plan for this particular area. I thank you. Mr. Gort: Thank you, sir. Thank you. Okay, sir, you've got a few minutes for rebuttal. Mr. Allen: I will try to be brief. There has been a lot discussed. I agree with Mr. Korner. A lot of what we tried to present to the Board tonight from a technical point of view is not relevant. We did it because at the first hearing these questions and concerns were raised. Rather than turn our back to our neighbors, to our funeral home customers, and say, "What you say isn't relevant,$$ we tried to study the problem. We tried to find an answer to them. Are the things that they fear going to occur? The answer is the things they fear are not going to occur. The beauty of Woodlawn will be preserved. I'd like for a moment to talk about a few of the specific points that were raised. Mr. Gort: Sir, I want you to take into consideration you took 45 minutes for your presentation which I thought it was very good and you went into a lot of specific details in your presentation. Right now you have got a few minutes for rebuttal of what was stated. Okay? Mr. Allen: I will try to brief. Mr. Gort: Thank you. Mr. Allen: There's so many things have been raised. For example, Ms. Garcia is concerned about competition. Obviously, that is not something within the cognizance of this Board. It is something that has been stated by the public policy Of the... Mr. Gort: We're aware of that and we know that, sir. Mr. Allen: ...Federal government and Florida. The entry of another funeral home competitor into competition can only, of course, enhance competition not hurt it but we choose to believe Mr. Van Orsdel at this point when he says he's not concerned with competition so much as he is with whether or not he can utilize Woodlawn as other funeral home directors have in the past. Let me point something out and I think this is really the nuts and bolts of this particular zoning proposal. There is a funeral home 600' from the proposed funeral home on 8th Street. Ma. Caballero who spoke has a funeral home on 8th Street. She also has one a few blocks from Woodlawn's other entrance on 1661 SW 37 Avenue. Mr. Van Orsdel operates a funeral home on Sth Street. Mr...the Garcia -Brake Funeral Home is a few blocks off of Sth Street and they utilize 8th Street. The Lithgow Funeral Home comes up and they travel on 8th Street to the funeral home. They all utilize 8th Street for their funeral home businesses and yet they're representing to this Board that it would be a breaking of faith, that it would be damaging to traffic to allow Woodlawn to do the same thing. We carefully analyzed what would occur to traffic if we build this funeral home. We've proven to you. We've established it. Not with vague fears of impact and vague illusions to Banyan trees about what will happen. We've charted it for you. We told you what are practices and procedures are. We're not going to allow funeral processions to collide inside the park. We never have and we never will. We're also not going to provide preference to ourselves because we depend as a cemetery on funerals brought in by these directors. 26 September 9, 1985, Item 2 Zoning Board y The covenant that Mr. Korner referred to we are prepared to file. It will restrict us to utilizing this property for funeral home purposes. A copy was passed out to the Board members. If Mr. Korner feels that this is not appropriate, let me point out he stated his objection to it being the City of Miami is named the beneficiary and suggests the City of Miami is not capable of protecting the interests of its citizens by enforcing the rights that would be vested in it as beneficiary. Mr. Van Orsdel kindly pointed out that if we were to locate this funeral home across the street, where I might add at the moment there's a used car lot, a restaurant, a motel, a travel agency, a car stereo and garage, an auto rental store, all alonq our neighbors, all make commercial uses of their property. If we were to locate it there, he says, "You could put a police escort there and solve the problem." If a procession cones to Woodlawn now, it has a police escort. What problems would be created could be easily handled. Woodlawn right now, it's Sth Street frontage is a veritable island in a sea of commercial ... commercially zoned strip property. Everyone else along Sth Street including these objectors utilize Sth Street for their commercial purposes. They told this Board Woodlawn can't do the same thinq responsibly. We did not cane in here just to tell you that we're nice guys. We've been here a lonq time, trust us. We came in here with a site plan, with professional noise studies, with a professional traffic study and with every intention in the world of preserving our own cemetery business. Mr. Van Orsdel talked about how nature is the most important thing at the park. There is almost 68 acres of nature on this park. We're going to put in a double row of Royal Palm trees like you'd find on Biscayne Boulevard in the new entrance to the cemetery area. Right now at Woodlawn for years there has been a mausoleum, a concrete building, a beautiful concrete building. No one's objected to that before on the basis of the beauty of Woodlawn. The new funeral home, as the architect has told you, is going to have the same architecture. We're not just discarding all of that. We're not discarding 73 years of history, 73 years of business relationships, 73 years of relationships with our neighbors in favor of that. One gentlemen in the blue shirt who was quite agitated and concerned about traffic mentioned that... this point. People park on his yard during funerals. May I point out he referred to the funeral home on 34th Avenue, the Rivero Funeral Howe. We're going to have more internal parking spaces in Woodlawn than Mr. R ivero has now over there. If we have a funeral at Woodlawn that would have taken place at Rivero before, we're going to take away that parking from that neighborhood. We're going to reduce parking and pressure on that traffic and put it on our internal parking. We came here in a conciliatory way. We could have taken the legal position that because all of this is commercial, it would discriminatory to deny us zoning. We contend that but we did not stop there. We asked the Board to consider our proposal because it is made in the very best of faith, because it is made with great care and because it simply will not set a precedent. The precedents are already set -by funeral homes on Sth Street and by these businesses. We're going to maintain, by the way, a buffer, a large buffer, a green space, burial space, between this funeral home and our neighbors. The operator of a trailer park that's located here and you can see it on this aerial photograph who leases space to residents. Unidentified speakers Mr. Gorts Mr. Allen interrupt you. Mr. Gorts conducting this meetinq here. that I'll stop you right now Mr. Chairman, may I interrupt? Excuse me, sir. No, no, no... No you may not, sir. I did not Excuse me. Heyl Hold itl I'm Okay? If you want to continue and I'll close the public hearing. 27 September 9, 1985, Item 2 Zoning Board 1 b:.0 �-1 ;;'; L u r a<: Mr. Allen: Mr. Gorts the meeting. Mr. Allen: Unidentified speakers Please let the gentleman speak. Okay. I'm the one that conducts Yes, sir. Mr. Chairman... Mr. Gort: Excuse me, sir. I think I gave everybody plenty of time to speak. I'm going to cut him off in a minute. I got three...eleven more cases to listen to so please just... Unidentified speaker: For the record, I just would like to object to his argument. It's not being rebuttal. Mr. Gort: This is not a court. Let me ask you a question. This is not a court, okay, so we play it by ear and we go along together. If we were to go by court, we would apply a lot of things, a lot of the people would not be able to speak and so on. Okay? Thank you. Mr. Allen: And let me apologize for saying that. I must say that Mr. Sharp of Woodlawn has been quite concerned about maintaining his good relations but I think ... I think the time of this Board, frankly, has been wasted by some arguments, not all of them, which simply aren't well-founded and let me simply...let me simply conclude by saying notice went out to all of the businesses and homes within a 375' radius of Woodlawn. I don't know why some people say they're not getting notice but but the City of Miami also sent out notice. We don't come here to fool anybody or to trick anybody. We've done everything we can to persuade everyone concerned that this will be a logical, a consistent and a beneficial use of this property. Mr. Gort: Thank you, sir. I now close the public hearing and have questions among the Board members. Ms. Maer: Mr. Chairman, if I may? Mr. Gort: Yes, ma'am. Ms. Maer: Thank you. First of all, I'd like to -again advise the Board as I always do when covenants are handed out in connection with changes of zoning that the matter should be considered without regard for the contents of the covenant and secondly, I'd like to request that when covenants are handed out it would be appreciated if they would be delivered to staff as well because I don't believe any of us have had an opportunity to review this particular covenant. Thank you. Mr. Gort: Thank you. Any questions? Mr. Freixas: Mr. Chairman, I -- I'm sorry, go ahead -- I think that Woodlawn Cemetery is a very fine cemetery and I think that the case here as far as the zoning is concerned that this is...has across the street cn msercial, on the side commercial, on the side commercial, is fine, it's there, but basically, Woodlawn Cemetery was there and they sought a zoning and they got approval to be a cemetery and I think that we are not depriving the rightful use of that piece of land to do what they not out to do 84 years ago -or 80 years ago. So I don't think that as far as the zoning and consideration is concerned they really have demonstrated hardship that we are depriving them of the rightful use of the land. Just a comment that I had. Mr. Gort: Any other comments? 28 September 9, 1985, Item 2 Zoning Board i 7> r ''N .---1 Mr. DeYurre: Mr. Chairman? Mr. Luaces: Yes, I would like to comment from Mrs. Range point that we will need that land in the future, at some stage and it's very important. Very few people have mentioned it but I think it's important that we keep that land as a cemetery. (Talking to Mr. DeYurre.) Sorry. Mr. Gort: Mr. DeYurre. Mr. DeYurre: Thank you. My office is on Ponce close to 8th Street. I travel 8th Street quite often, twice, maybe three, four times a day up and back and it just seems, I don't know if it's just me or what, but I always run into a procession. I mean like there are always policemen stopping the traffic, making it go, making you make a left turn, or go right turn, or stop and I mean like it's all over the place and I know it's not Woodlawn's... at fault. They're the only one's there, of course. You got funeral homes all over the place. You've got Caballero on 37th, you've got Rivero on 8th, you've got Caballero on 8th and then you've got Woodlawn and it just seems that traffic is horrendous on 8th Street to begin with. Now the averages, of course, when you take a 24 hour period or ... you've got to talk about the peak hours in which these processions are going on and I believe that anywhere between 10 and 2 o'clock you're going to run into them left and right. Another problem that I have is the fact that if you're going to have funeral services in the cemetery itself, you're going to have a situation of where you have to go to St. Michael's Church and then cane back again if the burial is going to be on that property so you have out and in, you have twice, you have a procession in that area. It isn't like they're just coming into the area. They're gonna go out and come back in and I'm sure that's gonna happen at different occasions. I believe also we have that problem which was mentioned just a moment ago of using residential property to cane into commercial property and that's an issue that we have to deal with also and I just feel that though a cemetery is a business, it is something that is not commercialized and I think it should be kept that way and that people should have the freedom to come and be with their loved ones at peace and not having goings on that may deter from those thoughts. So based on those reasons I'm going to move that after considering the factors set forth in Section 3509 of the Ordinance 9500, I move that the request in agenda item number 2 be recommended to the City Commission for denial. Mr. Freixas: Second. Mr. Gort: It's been moved and second. Is there any discussion on the motion? Discussion on the motion. Being none, call the question. Mr. Perez-Lugones: Mr. Chairman, we have a motion to recommend denial to the City Commission on item number 2. The motion has been made by Mr. DeYurre and seconded by Mr. Freixas. I'll call roll. AYES: Messrs. Gort, Freixas, DeYurre, Romero, Luaces and Moran-R ibeaux (During vote) Mr. Freixas: Before I vote, I think that really the applicant have failed to provide here the validity of the case for the change of zoning here. For that reason I vote "yes,, 29 September 9, 1985, Item 2 Zoning Board t 10 �1 Mr. Sands: I just have to express my opinion about this. I really hate to see them penalized, when I say penalized because of being surrounded by that type of a zoning and they are not going...seemingly are not going to receive it. I've just got to go along with what I believe and I'm going to have to vote "yes". I'm sorry, not for that mo...I'm voting against the denial. Mr. Perez-Lugones: You're voting "no". Okay. Mr. Channing. Mr. Channing: I happen to agree that I feel that these people have a right to use their property and I am gonna have to vote "no". Mr. Moran-R ibeaux: I have to explain my vote just like everybody else has done so, I guess. I look at a cemetery ... I think'they have proved their case to the max but they forgot to prove one thing. A cemetery to me is like... it's like a condominium. I mean, everybody that buys there a piece, buys a setting, buys the whole job, the whole schmeer. Okay and I mean, can you see one of our funerals there, you know, that's a social...are social events, people walking around all over, up and down, I can't not see it. I have to go with the motion and say. ..I vote "yes". Mr. Gort: Let me tell you how I fell about this and I feel very emotional about this and unfortunately, that's something that we have to deal with every day about death and so on but somethinq that I myself do not consider business although it is so you used the argument of business and so on, I'm going to...my argument is going to be in businesses. You're talking about the...you have all your surrounding areas being zoned for commercial and so on and that's fine. That has taken a long ... maybe the last 30 years but at the same time you have been able because you're a cemetery, you have been able to extend your residential use way into deep about four blocks into a residential area and I'm sure you have gotten more than the benefit than the regular residents in that area. So for that reason the business aspect of it does not move me. The emotional does and that's why the Zoning Board does exist and that's why we're here. If this was a law ... we would go by the law, we would not have this Board and that's why we have public hearing so we can listen to the people. For that reason I vote "yes". 6 to 2. NAYES: Messrs. Sands and Channing. ABSENT: Ms. Basila, Mr. Perez-Lugones: Motion to recommend denial carries 30 September 9, 1985, Item 2 Zoning Board FEI RESOLUTION ZB 116-85 AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 3509 OF ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, THE ZONING BOARD ADOPTED RESOLUTION ZB 166-85 RECOMMENDING DENIAL OF THE CHANGE OF ZONING CLASSIFICATION IN THE OFFICIAL ZONING ATLAS OF ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FROM RS-2/2 ONE -FAMILY DETACHED RESIDENTIAL TO CR-2/4 COMMERCIAL -RESIDENTIAL (COMMUNITY) FOR THE PROPERTY LOCATED AT 3260 SW 8 STREET, ALSO DESCRIBED AS A TRACT OF LAND BEING A PORTION OF WOODLAWN PARK CEMETERY (31-56) , ALSO BEING A PORTION OF WOODLAWN PARK CEMETERY - SECTION 3A (44-82); SAID TRACT OF LAND LYING WITHIN "BOUNDARIES OF WOODLAWN PARK CEMETERY" (44- 70) , AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NE CORNER OF THE NW 1/4 OF SECTION 9, TOWNSHIP 54 SOUTH, RANGE 41 EAST, DADE COUNTY, FLORIDA; THENCE RUN WEST ALONG THE NORTH BOUNDARY OF NW 1/4 OF SAID SECTION 9, A DISTANCE OF 383.37 FEET TO THE POINT OF INTERSECTION WITH A LINE SO DRAWN AS TO PASS THROUGH TWO (2) EXISTING PERMANENT REFERENCE MONUMENTS ON THE WEST BOUNDARY OF SECTION KNOWN AS SECTION 12 OF WOODLAWN PARK CEMETERY; THENCE RUN SOUTH 00002' 39" EAST ALONG THE LAST DESCRIBED LINE A DISTANCE OF 50.00 FEET TO THE POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY BOUNDARY OF SW 8 STREET AS SHOWN ON SAID PLAT ENTITLED "BOUNDARIES OF WOODLAWN PARK CEMETERY", SAID POINT OF INTERSECTION BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER TO BE DESCRIBED; THENCE CONTINUE ON THE LAST DESCRIBED COURSE BEING ALSO ALONG SAID LINE SO DRAWN AS TO PASS THROUGH SAID TWO (2) EXISTING PERMANENT REFERENCE MONUMENTS ON THE WEST BOUNDARY OF SAID SECTION KNOWN AS SECTION 12 OF WOODLAWN PARK CEMETERY, A DISTANCE OF 263.00 FEET TO A POINT; THENCE RUN WEST ALONG A LINE PARALLEL TO THE SOUTH RIGHT-OF-WAY BOUNDARY OF SAID SW 8 STREET A DISTANCE OF 229.23 FEET TO THE POINT OF INTERSECTION WITH A LINE SO DRAWN AS TO PASS THROUGH TWO (2) EXISTING REFERENCE MONUMENTS ON THE LAST BOUNDARY OF SECTION KNOWN AS SECTION 3D OF SAID WOODLAWN PARK CEMETERY; THENCE RUN NORTH 00°04'30" EAST ALONG THE LAST DESCRIBED LINE A DISTANCE OF 263.00 FEET TO THE POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY BOUNDARY OF SAID SW 8 STREET; THENCE RUN LAST ALONG SAID SOUTH RIGHT-OF-WAY OF SW 8 STREET A DISTANCE OF 228.68 FEET TO THE POINT OF BEGINNING CONTAINING + 60,215 SQUARE FEET, OR + 1.382 ACRES. 31 September 9, 1985, Item 2 Zoning Board I i f FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAM p1 T NA�►tE-MIDDLE NAME P LU�II�f E l� , �1 . L . THE BOARD. COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON MAILING ADDRESS WHICH t SERVE IS A UNIT OF: CITY 3500 Pan PmUNTY erican Drive x O CITY O COUNTY 13 OTHER LOCAL AGENCY O STATE CO t1iar•.ti , FL pace DATE ON WHICH VOTE OCCURRED NAME OF POLITICAL SUBDIVISION OR STATE AGENCY � November 26, 1985 NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE City of Miami Commission WHO MUST FILE FORM 4 This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee, whether state or local, and it applies equally to members of advisory and non -advisory bodies who are faced with a voting conflict of interest. As the voting conflict requirements for public officers at the local level differ from the requirements for state officers, this form is divided into two parts: PART A is for use by persons serving on local boards (municipal, county, special tax districts, etc,), while PART B is prescribed for all other boards, i.e., those at the state level. PART C of the form contains instructions as to when and where this form must be filed. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section 112.3143(3), Florida Statutes (Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal (other than a government agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict: (a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting; and (b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this pan below. NOTE: Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes (Supp. 1984), or officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting. In such cases, however, the oral and written disclosure of this part must be made. 1, the undersigned local public officer, hereby disclose that on (a) I abstained from voting on a matter which (check one): i inured to my special private gain; or inured to the special gain of CE FORM 4 • REV, 10-44 Nover-ber 26 119 85 , by whom 1 am retained. PAGE f (b) The measure on which I abstained and the nature of my interest in the measure is as follows: item 20 (M-85-1177)• Request for change of zoning at Woodlawn Cemetery from RS-2/2 to CR-2/4. Date Filed Signature Please see PART C for instructions on when and where to file this form. PART 8 VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2), Florida Statutes (Supp. 1984).] Each state public officer is permitted to vote in his official capacity on any matter. However, any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B below within 15 days after the vote occurs. 1, the undersigned officer of a state agency, hereby disclose that on (a) I voted on a matter which (check one): inured to my special private gain; or inured to the special gain of (b) The measure on which I voted and the nature of my interest in the measure is as follows: Date Filed Signature Please see PART C below for instructions on when and where to file this form. PART C FILING INSTRUCTIONS , 19 . , by whom I am retained. This memorandum must be filed within fifteen (1 S) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES¢ 112.317(1963), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY, REPRIMAND. ORA CIVIL PENALTY NOT TO EXCEED 53,000. CE FORM 4 • REV. 10-94