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09-02-1965 Zoning HearingZONING HEARING MIAMI SHORES VILLAGE PLANNING AND ZONING BOARD MEETING September 2, 1965 A zoning hearing before the Miami Shores Planning and Zoning Board was held at 8:00 P. M. , September 2, 1965, at the Miami Shores Country Club to consider the petition of the Alliance Realty, Inc. to re -zone Lots 10, 11, 12, 13 and 14, Block 35, Miami Shores, Section No. 1, from residential to apartment zoning for the purpose of constructing a 4 -story apartment house. The following members of the Board were present: Mr. Thomas B. Baden, Chairman Mr. M. B. Arnold Mr. Gordon H. Moyer, Jr. Mr. Emrys C. Harris Mr. Donald W. Hoefle Absent: None Chairman Thomas B. Baden opened the meeting and welcomed everyone present. There were approximately 115 citizens in attendance during the evening. Mr. Baden introduced the Planning Board members and the Village Clerk. He then explained the purpose of this meeting and the importance of following our order of procedure. First we will call on the petitioners to present their case, after which we will have comments from residents living within 500 ft. of the property, then comments from the residents living outside the 500 ft. of the perimeter of the property and finally from the peitioners. Mr. Sam Powers and Mr. Bill Gray of the law firm of Blackwell, Walker and Gray, were present to represent the Alliance Realty, Inc. Mr. Sam Powers spoke in behalf of the petitions and presented an up-to-date drawing of the proposed apartment house. He corrected the statement that it is to be a 5 -story apartment as it will be only 4 stories. There will be 42 units in the building with 66 parking spaces underneath the building, on the sides and off the alley. Mr. Powers described the building and pointed out the architectural features that will blend in with other buildings in the Shores. He stated that the petitioners, the Alliance Realty, Inc. , are all residents of Miami Shores. The building will be privately financed, with no federal funds. Mr. Powers stated that there is a critical need for apartment units in Miami Shores. There is no place where widows can go who own homes and don't want to leave the Shores, who don't drive and can't get to the center of the Shores. He stated they have already rented 24 of these units and have had 9/2/65 -2- demand for larger units which will cut down the total number of units in the building. The taxes to be derived will run approximately $4400. 00 to Miami Shores per year. Mr. Powers stated the impact of this structure on business in the Shores would be of considerable magnitude and the businesses pay about 35% of the taxes. It will bring additional people to Miami Shores and will help our Miami. Shores residents who because of changes have to make changes. He mentioned the several businesses which have changed hands during the past three years and the need to attract more people to Miami Shores. There is nothing radical about this suggested building. The appearance fits in with the conservative appearance of other buildings that are being constructed in Miami Shores. No business can stand still. You can't reach a plateau and stop. As soon as you begin to rest on your laurels you start to go backwards. If we don't grow we are going to retrogress. Mr. Powers concluded that because of these considerations and others they have requested a change in zoning from R-16.5 to A-1 which is multiple family zoning. Mr. Powers then called upon Mr. 0. J. Powell, realtor and resident, 101 N. E. 108th St. Mr. Powell spoke in behalf of this project. He stated he thinks it is one of the finest things that has hit the core of the Shores . He mentioned the retired people who have moved here who lose their partners and who want to be close to where they shop, the post office, Village Hall, the bank, drug stores. Mr. Powell stated one reason why he feels that this would be a great thing for this community is that these 40 odd families would certainly be a boost to our businesses and the taxes would help everyone. He stated he believes this is progressive, moderate growth. Mr. Powell added that he has no financial interest in this project. Mrs. Billie Warner, real estate broker at 210 N. E. 98th St. , stated the only thing in favor of the building is for our merchants on N. E. Znd Ave. She stated she wouldn't benefit personally, only as a taxpayer. Mrs. Warner concluded that she is in favor of what Mr. Powell has said without repeating him. Mr. Jim Dunaway spoke next. He stated he was President of the Chamber of Commerce, resided at 273 N. E. 98th St. , and was Vice -President of the Peoples National Bank. He stated he had no financial interest in this whatsoever. Mr. Dunaway discussed the business section of Miami Shores and the changes that have taken place. He stated he sincerely and honestly thinks this is good and it would be the last thing he would want to do to be in favor of it for a selfish reason. Mr. Dunaway stated he knows about 35% of the taxes are paid by the business interests and knows of the difficulty the business people have in maintaining their business. He has the feeling that every merchant on N. E. Znd Ave. will benefit by this apartment house. It is high grade in every respect. Mr. Dunaway concluded that he thinks it is good and hopes that everyone here tonight will look at it and consider it with an open mind. Mr. Glenn McElwain, owner with his nephew of Paulsen's and resident at 126 N. E. 97th St. , stated that the most important thing in his mind is the 9/2/65 -3- construction of a building that must be in keeping with the Shores; that this building, a low-rise building, is excellent. He added also that the merchants will benefit by it. Mrs. Kay Hagearty, 735 N. E. 91st Street, stated she is one of the widows Mr. Powers referred to, but can still drive. Mrs. Hagearty stated that she sold her home and left the Shores and after a short time realized her friends and heart were in the Shores; that she was fortunate in getting an apartment and it is well kept. After seeing this building she can see that many people would be very grateful to have something like this to move into. Mrs. Hagearty concluded that she can see in no way that this lovely building would deface in any way. Dr. Roger Turner, 289 N. E. 102nd St. , asked who owns this property, if this is a provisional sale or do they own this property out -right. Mr. Powers stated that Alliance Realty Inc. owns the property fee simple. Next the Chairman called for comments from the residents within the 500 ft. Mr. R. V. Troutman, 253 N. E. 101st St. , stated he bought his home 36 years ago because it was a residential area. It is still a residential area and he hopes it remains as a residential area. Mr. Troutman thought this would depreciate the property, that he can't see why we should rezone; that we have enough area for apartments now and there are vacant apartments. Dr. Turner thought the facts for this apartment house have been motivated by selfish interests. Everyone moves to Miami Shores because it is a good place to live. Dr. Turner mentioned the promises made by the Village to maintain the zoning up to the buffer of the Library and City Hall. He stated they speak of the taxes that will be added to the tax roll but the property values in the surrounding area will drop more than $4400. 00. He stated that if a piece of property is worth $10, 000 and the law is changed then this property is not worth $10, 000 any more. By granting this variance property will be depreciated. He stated as far as the 30 businesses which have changed hands, some have made a profit in changing hands. Dr. Turner added one other thing - if this apartment house is being built for our elderly people who can't drive an automobile why are we putting 68 parking spaces in the first floor. On the basis of promises made and on the basis that we want to stay here, Dr. Turner hopes this plea will be rejected. Mr. Nicholas Nordone, 373 N. E. 101st St. , in the business of Patent Scaffolding, stated he was opposed to the building of this apartment house; that he does not believe the general character of Miami Shores would be improved in any way. It will increase the cost of streets, water mains, police protection, etc. The increased taxes will not benefit in any way to the 9/2/65 -4- residents. Mr. Nordone bought here because of the good neighbor- hood. If we build apartment houses we no longer have the character of the Village as it is. Dr. Wm. Hutchison, 230 N. E. 102nd St. , stated that the people who spoke in favor of this project are not living within 500 ft. of this area. He stated Mrs. Creda Kibbe, 246 N. E. 102nd St., was opposed to this change of zoning. He also read a letter from Mr. Willard Seidel, 150 N. E. 102nd St. who registered a strong protest against the rezoning of property for the purpose of erecting a multi -story apartment house. Mr. Alfred C. Barrow, Jr. , 134 N. E. 102nd St. , asked how many of the owners of the Alliance Realty are in the neighborhood of this area. Mr. James Shatto, 315 N. E. 101st St. , mentioned previous homes he had lived in among apartments where residential areas were being re- zoned slowly from apartments to business. He stated he is in favor of main- taining the predominately residential character of the Shores. Mr. Powers answered the question as to whether any of the owners of the Alliance Realty lived within the area and stated that one of the three owners lives within 500 ft. of this property. He also stated that two people who spoke do not live within the 500 ft. In answer to Dr. Turner's remarks regarding parking spaces, Mr. Powers stated that the zoning requires this number of spaces and they have tried in every way to comply with the code. Concerning the remark made concerning the value of the property going up with a re -zoning, Mr. Powers pointed out that the owners are not provisional buyers. He also stated that Mr. Nordone is not within the 500 ft. area. The members of the Alliance Realty company are J. S. Palmer, Roy Lindsay and John McGeary. Mr. Stanley A. Gardiner, 229 N. E. 100th St., who lives within the 500 ft. area, spoke in favor of this apartment house, that is a beautiful building and in keeping with the buildings that are going up. Mr. Reuben Brown, 253 N. E. 100th St. , stated he is also in favor of this building. Mr. John Myers, 14950 N. E. 6th Ave. , a builder and former Shores developer, stated that he doesn't see that this particular building could be of any harm whatsoever, that he can't see anything that would be against it. Mr. 0. J. Powell, 101 N. E. 108th St., realtor in the Shores for 21 years, stated that he didn't think this would deflate property values in the surrounding area or cause a depression of values. Mr. George Diggs, 233 N. E. 103rd St. , stated that he thought this 9/2/65 - 5 - was a nice looking building, but when he bought his property he was assured the zoning would remain residential, that he couldn't really believe that we need the $4400. 00 so badly that we would derrogate the community or that the widows are so in need of this asphalt jungle. Mrs. Creda Kibbe, 246 N. E. 102nd St. , stated that at first she thought this was a good idea but added that she would like to see the backside of this building because that is what she will be facing. Mrs. Otto Goll, 237 N. E. 102nd St. , stated that she lives across the street from Dr. Hutchison, and believes that she is one of the oldest families to move into Miami Shores, that she has lived here for 39 years next month; that it has been a privilege to live in the Shores. It is a privilege to pay taxes and she for one, does not want to see this apartment built. Mr. J. H. Lyles, 229 N. E. 101st St., stated he has lived there for 20 years, had bought the property behind this building on the alley and added that he had bought his home behind a beautiful home on Znd Avenue which was kept up, that he will sell his home if this apartment goes up. Mr. Jack Norman, 157 N. E. 101st St. , stated that he has lived there since 1943 and that he has fought the fight of zoning and will fight off the people who would break down the zoning. He stated that apartment houses are being thrown up without enough tenants. We are getting a lot of white elephants and how do we know this will not be another white elephant. He read an article from the Miami Herald on apartment building. He asked, why not build apartments where it is zoned for apartments. The City Hall and the Library are the buffers. Let's fight this thing and whip it. Mrs. Jack Norman pointed out to the attorney that this is not in the business area. She also mentioned the parking signs that had to be put up because of the parking around the City Hall; that this will cause more traffic and a traffic light; that this is strictly residential and has never been business. In his summary Mr. Powers mentioned that it is not a 5 -story apartment house, that it is a 4 -story building with parking underneath so that parking will not be in front of peoples' homes. It was intended to be 42 units but the number will be decreased if the demand is for larger apartments. He stated that the opposition's main thrust is that "we just don't like change and we don't want any changes. " No basis has yet been stated except property values will go down. In referring to the editorial in the Herald he stated it was not in any way directed toward the problem of this Board tonight. If we are to have orderly growth and any progress at all in Miami Shores we are going to have to meet the demands of the people of Miami Shores, residents and business interests. We wish to show that this apartment house will contribute to the dignity of the Shores and in con- clusion request that the amendment be granted. 9/2/65 -6- Mr. John Prunty, 402 N. E. 95th St. , stated that he is an attorney representing the Miami Shores Taxpayers League consisting of over 60 people. He stated that the only thing really involved is a difference of philosophy. Throughout the years it has been one of single family residential living. Business is more or less of a service type. Other types of businesses and apartments have not been completely ignored but these are not of a service type. Shall we maintain this philosophy of single family dwelling or shall we open it up and bring in all types of businesses in Miami. Shores and make it a business -type community. Whether we have this business come in or not is conditioned on the need and Mr. Prunty questioned this. He stated there are 95 units in the condominium. They have been able to sell only 25 of them and now have rented 30 over a period of two years and they still have only slightly more than half occupancy. He questioned the absolute need for this type of business in this community. Mr. Prunty mentioned the comprehensive study made of our zoning and prepared by an expert in our zoning ordinance which gives us these guide lines. He then read from the zoning ordinance which outlines the purpose of our zoning. In conclusion, Mr. Prunty stated that zoning has made this the community it is. The impact of this will be detrimental to the zoning characterists as a fine one -family residential community. Mr. Don Tichenor, 246 N. E. 101st St. , asked how long this Alliance Corporation has owned this property and asked the Chairman if it would be in order to have a standing vote of the people who are opposed. He stated he owned his property since 1940 and it is within 500 ft. of this property; that he purchased because it is in a residential area. If he desired to live next door to an apartment house or business property he could probably have purchased closer and much cheaper. He stated he is opposed to any change in the R-1 zone. Mr. George Wright, 306 N. E. 102nd St. , stated he is opposed to the petition filed by Mr. Powers. He bought here because it was a quiet residential community. To grant this petition would be a grave mistake because of the residential character of the area. He stated he would not have paid what he did for his property if this apartment house had been there at the time that he purchased it. It would also increase traffic along 102nd St. Mr. Jim Harwood, 100th St. and N. E. 1st Ave., stated he didn't come back to the Shores with the idea of being served by the people in business here, he came back thinking he would improve his family, his two boys and improve himself. He feels protected in this area and will not feel the same if this apartment house is built. These people will not have the same interests and he concluded that he must be 100% against this building. Mr. Lewis Cunningham, 277 N. E. 101st St. , is within the 500 ft. , and stated we already have a traffic problem on 101st St. and 102nd St. 9/2/65 -7- during the school year and with hotrods. He does not think bringing more traffic in will make this condition any easier. He also stated that there are two and three cars to a home now and he couldn't believe it will be rented to nothing but rich old widows. Mrs. Goll, 237 N. E. 102nd St. , mentioned the problem of garbage cans and trash areas. She also brought up the present condition of this property and how it is not being kept up, vandals have broken into the house and the yard is a disgrace. Dr. Hutchison added that the owners should be chided for the con- dition of the Krupp property. When he bought his property he was assured there would be no further extension of the business property on 2nd Ave. because of the Krupp property which was already there. Dr. Hatteson, 285 N. E. 100th St. , concurred with the words of John Prunty in opposition to this and he added that this residential community is envied by residents of other areas. Mr. Powers answered in reference to not being good housekeepers, that it was futile to fix up this house. He stated that his clients have owned this property just 2-1/2 months. Concerning the philosophy of the zoning, Mr. Powers stated if the ordinance was meant to be a ham -strung ordinance we wouldn't have Article X which calls for amendments to this zoning ordinance. He stated that apartments should be in the center of Miami Shores and not on the outskirts of the Village. Mr. Glenn Partin, 149 N. E. 93rd St. , spoke concerning the danger of re -zoning and spreading the business area on 2nd Avenue. Planning Board member M. B. Arnold asked that a vote be taken of those residents within 500 ft. which resulted as follows, in an unverified count: In favor 2 Against 38 In favor 12 Against 48 Within 500 ft. Outside 500 ft. Mr. Arnold stated that in view of the attitude of the people here tonight he is ready to make a motion regarding this petition. He then moved that concerning the petition presented here to night that the Planning Board recommend to the City Council that it be denied for the following reasons: that in the middle 50's the Village employed Mr. Pomeroy who is now deceased, to work with members of the City Council and the Planning Board to draw a uniform city ordinance that we thought would stand in the courts; that this apartment requires a land area of 80,400 sq. ft. with a land area furnished of 31, 850 sq. ft. or a land area shortage of 48, 550 sq. ft; that the yard dimensions or setbacks are - front 25 ft. , side 10 ft. , rear 15 ft. and this building is planned to set back only 6 ft. from N. E. 2nd Ave. The other setbacks will meet the building code. He stated he would not include a height variance as he wasn't sure of this. Mr. Harris wanted to comment on the matter of churches along Znd Ave. and pointed out that churches do not require re -zoning and may be placed in any residential area of the Village. He also asked the petitioners if they have any evidence to present to the Board that would bear on the ability of the present owners as to why they cannot use the property in its present category. Mr. Powers stated that this property is not suitable for residential building because of the lot immediately adjacent which is zoned for public use. He stated business should extend to 105th St. , that it is difficult to get an FHA mortgage on this property. Mr. Arnold added a further reason to his motion that in 1943 the Village acquired the property where the library site is and the city hall and one block between 93rd and 94th Sts. to create a buffer around the business section of Miami Shores and for no other reason. The motion was seconded by Mr. Harris and upon vote it was passed unanimously. The meeting adjourned at 10:35 P.M. Respectfully submitted: Appr°— t, Chairman