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07-06-1954 Regular Meeting 1105 REGULAR MEETING MIAMI SHORES VILLAGE COUNCIL July 6, 1954 A regular meeting of the Miami Shores Village Council was held at 4:00" o�clock P.M. , .July 6, 1954, at the Village Ball, with; the following Councilmen present: Mayor S. D. Phillips, Jr. M. E. Reynolds William E. Carpenter Michael J. Franco Dean R. Claussen Absent: None Mr. Thomas H. Anderson, Village Attorney, was also present. The minutes of the last regular meeting were unanimously approved as written by motion made by Mr. Franco and seconded by Mr. Claus sen. Mayor Phillips opened the meeting and introduced Mr. Hugh Pomeroy, Planning Consultant of Westchester County, New York, who appeared at this meeting to make his recommendations concerning the zoning on the property south of Collins warehouse along the railroad. Mr. Pomeroy has studied the property in question, as well as, the entire zoning in the Village, having previously testified for the Village. Mr. Pomeroy, after giving a summary of his qualifications, explained that three years ago in the case of the Biscayne Blvd. zoning he had made a detailed study of the Village and that he had examined the property again and would like at this time to make a verbal report as follows: First of all, it is his opinion it is not possible to maintain a 106 100 -2- 7/654 zoning classification for that property which designates it for a public use, that it is not possible under zoning to assign privately-owned land to public use. In court the zoning would be invalid, so the issue is how the land should be zoned, assuming the Village is not prepared to buy the land. It is his opinion that since all of that property lies adjacent to the railroad, being adjoined on the north by present industrial property with some other non- residential uses in the area., it would not be reasonable to attempt to zone the property for residential use. The court would very properly hold that the Council had exceeded the limits of reasonableness in attempting to zone this property for any kind of residential use. The next alternative is whether it should be zoned for business pur- poses. A B-1 Classification is decidedly inadvisable as it would introduce traffic and other characteristics not suitable to the area. The present Industrial Classification would also be unsuitable. It calls for devising of a special type classification that might relate to the present industrial classi- fication of the zoning ordinance which is not restrictive enough for this community. He would suggest to the Council that consideration be given to zoning it for a type of use that would be unobtrusive, would not generate traffic, would regulate automobile parking, set-backs, screening by land- scaping, andscaping, etc. This comes under a heading of special districts with designed controlled types of uses, such as professional offices-, storage of goods and materials, laboratories, making of highly specialized products and possibly the regulations should be set up with performance standards which provide that whatever use is permitted should not result in the dissemination of smoke ios 1 1 1 1:09 7/6/54 -3- or any atmospheric pollution; no noise or vibration perceptible to the residential area; no glare. Also traffic resulting from it should not add to the traffic on residential streets in the vicinity. All uses would be subject to perform- ance standards. In summing up, it is his opinion that first, the present zoning is completely untenable as it is not possible to zone private property for public use. Second, it would not be sound zoning to zone the property for resi- dential use. Third, none of the present classifications of the ordinance would provide proper protection for the neighborhood, that the neighborhood should have. Finally, he believes that a special type of classification as described would be desirable and he will submit a set of regulations. Mayor Phillips asked about the extension of Collins warehouse, if it would be permitted under this type classification. Mr. Pomeroy agreed that it could be with approval so far as the site plan is adhered to. Concerning parking, Mr. Pomeroy didn't think a formula would be used but that the amount of parking should be determined in connection with the use. It should be based on the number of employees for which the building is designed, or one space for each two employees. After some further discussion by those present, Mr. George Patterson; attorney for Bessemer Properties, Inc. , requested that the Council consider what Mr. Pomeroy has said and then give them time to offer a rebuttal. (A verbatim transcript of Mr. Pomeroy's statements prepared by a court reporter will be placed on file in the Village Office. ) 110 11 i; 7/6/54 The next item on the agenda was in regard to Dr. R. E. Baxter's building plan. In this discussion Mr. Pomeroy stated he thought the present zoning was a happy solution for this area. He thought that the present wording of the ordinance which rules out clinics safely prohibits what the neighbors think would be objectionable; that it might be possible to limit it further insofar as ruling out overnight patients and general laboratories. After further inconclusive argument concerning the definition of the word "clinic", Mr. Reynolds moved that an ordinance be prepared amending Ordinance ##212, by adding after the word "clinics" in the second paragraph of Section 1. , the words, "general laboratories and -overnight accommodations for patients. It Mr. Claussen seconded the motion and it was passed unanimously. Mr. Reynolds then moved that the Planning Board be instructed to issue a building permit under Ordinance No. 212 as amended, to Dr. R. E. Baxter. The motion was seconded by Mr. Carpenter and unanimously passed. The next item had to do with the proposed extension of the single family or parking zone north of 99th and south of 95th Streets on the east and west sides of N. E. Znd Avenue,- concerning which Mr. Reynolds made the following statements; "The Council for over four years have investigated every possible solution to solve our off street parking problem in the business area on N. E. 2nd Avenue. The Planning Board has studied the question, the Chamber of Commerce through committees have investigated and made certain recommendations. However, an acceptable solution has not been found. Recent hearings by the Council have produced objections from residential owners in the vicinity of the property in question. However, I believe the entire community is aware of the fact that the problem should be solved now before our business area is completely built up. -11.2 113 7/6/54 -5- "Briefly, our findings are thiss The tenants of the various business houses in the business area want the parking, but are un- willing to bear any of the monetary expense necessary, on the grounds their overhead is already as high as they can bear. "No individual landlord, even where properly zoned avail- able parking area is concerned.- is willing to pave and maintain his own parking Iot unless all the rest of the landlords agree to do the same thing. Agreement cannot be reached. 'The residents of the community do not feel the parking expense should be borne by the community as a whole and in the main those to whom I have spoken are opposed to a bond issue for this purpose. They likewise oppose the parking meter idea. They feel that the business men should stand the expense to protect their business. "I, therefore, move that the matter be dropped and that the Council go on to more important business. 11 Mr. Franco seconded the motion and it was unanimously carried. Mr. Reynolds further moved that the present temporary ordinance adopted to prevent the construction of private dwellings on the lots in question be rescinded. Motion was seconded by Mr. Carpenter and passed unanimously. Mr. Reynolds then moved that "the Village Attorney prepare an amendment to our present business parking area ordinance with regard to new business construction, reducing the required parking area to one square foot of parking for each square foot of building area and that this require- ment be extended to any existing business or professional structure where vacant land is available for parking; wholesale or such businesses not catering to the general public excepted. .However, it shall be the duty of the Planning Board to recommend to the Council for final action such parking area for non public structures as they deem advisable. 11 Motion was seconded by Mr. Claussen and passed unanimously. 114 116 -6- 7/6/54 Rev. Varner appeared before the Council in regard to the parking lot behind the Advent Lutheran Church being constructed at 103rd Street and N. E. 2nd Avenue. Because the parking lot is located across the alley there was a problem of proper drainage which our engineer was instructed to work out with Rev. Varner. Concerning the required three ft. wall, Rev. Varner stated the people to the W would rather have their hedge and eliminate the wall and in the other instance the hedge will have to be moved if a wall is.erected. Parking is to be within three ft. of this hedge, with stops. Mr. Claussen then moved that that part of the previous minutes requiring a three foot wall be held in abeyance until April 1, 1955 in view of the fact that present hedges provide adequate screen. If no complaint has been registered by then, 'we will consider it closed. Motion was seconded by Mr. Reynolds and passed unanimously. The Council did not approve of the idea of paving the parkway on 104th Street. A complaint was made by Mrs. Cunningham about the Reliable Trash Company not covering their trucks, which the Chief of Police is following up. Concerning the contract for the Library floor addition, the bid received from the building contractor was $1182 and the Covell Floor Cover- ing Co. - $965.00. Mr.- Carpenter moved we accept the low bid and proceed with the work. Motion was seconded by Mr. Franco and passed unanimously. The Village Manager presented three fire truck bids with the lowest being the Seagrave bid for $16,430. 00, with a credit of $375.00 for driving it through. Mr. Carpenter moved we accept the low bid of the Seagrave Company. Motion was seconded by Mr. Claussen and passed unanimously. 116 -7- 7/6/54 A petition was received from the residents of N. W. 97th Street concerning the need for a street drain which was turned over to the Village Manager for handling. A request was made to purchase a street striping machine far $620`,00 which was approved by motion made by Mr. Claussen, seconded by Mr. Carpenter and passed unanimously. Purchase of a steam cleaning machine was authorized by motion made by Mr. Reynolds, seconded by Mr. Claussen and passed unanimously. The Planning Board recommended approval for permit to build on a 50 ft. lot, No. 6, Block 120, Miami Shores Subdivision, by Miss Loretta Ockert. Upon motion made by Mr. Claussen, seconded by Mr. Reynolds and passed unanimously, approval was granted for permit to build on Lot 6, Blk 120. Current bills were approved by motion made by Mr. Carpenter, seconded by Mr. Reynolds and passed unanimously. Concerning the Florida Peace Officers meeting in Cicala, Mr. Reynolds moved we grant the same funds for attendance as in the past. Motion was seconded by Mr. Carpenter and passed unanimously. The meeting was adjourned at 6:15 P.M. Deputy C k Approved Vill ge Manager, a2fd Clerk APPROVED: Mayor 118