06-15-1970 Zoning HearingZONING HEARING
MIAMI SHORES VILLAGE
PLANNING AND ZONING BOARD MEETING
June 15, 1970
A zoning hearing before the Miami. Shores Planning and Zoning
Board was held at 7:30 p. m. , June 15, 1970, at the Miami Shores Country
Club, with the following members present:
Mr. Donald W. McIntosh, Chairman
Mr. Gordon H. Moyer, Jr.
Mr. Thomas B. Baden
Mr. Irving E. Horsey
Mr. Fred G. Astor
Mr. John W. McIntyre, Village Manager and Mr. William R.
Bradford, Building and Zoning Director, were also present, as well as
approximately 300 Village citizens.
Chairman Don McIntosh opened the meeting and explained to those
present that this is the third and last public hearing on the proposed zoning
changes recommended by Harland Bartholomew & Associates and covers
property along Biscayne Boulevard from 93rd Street to 103rd Street. This
area will be divided into three portions for purpose of discussion, the first
being on the 5. 42 acres on the west side of Biscayne Blvd. immediately
south of the residential property on 104th St., from RESIDENTIAL to
INSTITUTIONAL.
Mrs. Charles Dunn, 1090 N. E. 104th Street, asked if it was
planned to build a swimming pool on this property. Chairman McIntosh
stated that there are no immediate plans for the property, it is just being
put in the same category as the rest of the Country Club property. Mr.
Charles Dunn stated he wanted it kept in the residential zone until such
time as a use is proposed.
On a show -of -hands vote on this section 10% were for it and about
90% against.
The next portion to be discussed was the Boulevard property
north of 96th St. encompassing the following properties: Lots 1 thru 4,
Block 74, Lots 5 thru 9, Block 77, Lots 1 thru 4, Block 78, Lots 1 thru 4,
Block 79, Lots 1 thru 4, Block 80, all in Miami Shores Sub. ; Lots B and C,
Kinney Park Sub. , Lots 10 thru 13, Block 178, Lots A, B, C, D & E,
Weeks Sub. , and Lots 8 thru 10, Block 176, Lots 6 thru 8, Block 175, Miami
Shores Sub. It is recommended that this property be changed from
RESIDENTIAL to RM -1 (Residential, Multiple -Family, low density). The
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Chairman then read the permitted uses and restrictions in this zone.
6/15/70
Mr. Marty Berg, 999 N. E. 99th Street, asked how much this
would add to the Village revenue if two to four unit apartments were built
on the property and how much would have to be disbursed for services to
these apartments.
Mr. Ray Nichols, 1173 N. E. 103rd St. , stated he was vigorously
opposed to any change in zoning and made the statement that is attached to
these minutes.
Mr. Frank Miller, 890 N. E. 100th St. , thought this would
depreciate the value of his property, that it is ridiculous zoning and that
there is no need to establish new zoning on the Boulevard.
Mr. Leo Price, 1000 N. E. 96th St. , stated he was in support of
the previous statements and pointed out the apartment monstrosities that
have developed in North Miami Beach.
Mr. Howard Lang, 750 N. E. 101st St. , who spoke in behalf of
Mr. and Mrs. M. 5. Hall, 882 N. E. 97th St. , agreeing with the statements
made by Ray Nichols. Speaking in behalf of himself and the Miami Shores
Taxpayers League he also voiced strong opposition. Mr. Lang asked if any
of the property owners had made application for this type of zoning. The
Chairman stated that they had not. Mr. Lang thought it would give the owners
a foot in the door just by the fact that this zoning was recommended by
Harland Bartholomew. He added that three of the Council had already spoken
in favor of the Harland Bartholomew report.
Mr. Walter Graff, 1191 N. E. 103rd St. , was vigorously against
any change.
Mr. Richard Ravel, 973 N. E. .96th St. , wanted to call the Board's
attention to the opening remarks of the Harland Bartholomew report which
state very definitely that there is a great difference between people who own
their own property and those who rent.
Mr. James Moreno, 1058 N. E. 98th St. , was definitely against
the entire report and thought there should be a referendum of the entire Village.
Mr. H. W. Smith, 1199 N. E. 102rd St. , was 100% against this
change and thought that a ten -unit apartment would be no worse than a four unit.
Mr. Myron H. Willison, 1025 N. E. 98th St. , stated that 99% of
the people are against this change.
Mr. Earl Barber, 335 N. E. 101st St. , stated that the time to stop
rezoning is before it happens. The courts have held time and again that if the
zoning is debatable the rule is in favor of the municipality. Unless the Council
follows the mandate of the people it will be unrepresentative government and
something that we should not have to put up with.
Mr. Louis Colovos, 1451 N. E. 103rd St. , wanted to know why
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this was being proposed since no one was in favor of it.
In the show of hands on this section no one was in favor of it and
about 98% against.
The last portion was the area south of 96th Street and included the
following properties: Lots 1 thru 5, Block 65, a part of Block 66 plus acreage
north of Block 66 on the east side of the Blvd. south of 95th St. , Lot 28,
Block 67, plus acreage north of Lot 28 on the west side of the Blvd. south of
95th St. , Lots 1, 2, 3, 3A and 4, Block 75, Lots 11 thru 16, Block 76, all
in Miami Shores Sub.
Mrs. Garder speaking for Mrs. Sauter, 795 N. E. 94th St. , stated
that she is against this change.
Dr. J. Flipse, 715 N. E. 94th St. , spoke against this change.
Mr. Bob Pike, 826 N. E. 92nd St. , spoke against the change.
Mr. Richard L. Cooper, 780 N. E. 94th St. , wanted to know if
anyone who owned this property wants the rezoning.
Mr. Bill Oliver, who owns
that he doesn't want it rezoned.
Mr. Robert Ingle, 9305 N.
of the residential zoning.
Chairman McIntosh read a
owns property on Biscayne Blvd. , in
recommendation to rezone this prope
a piece of Boulevard property, stated
E. 9th Ave. , bought his home because
letter from Dr. Roland Sutcliffe, who
which he concurs with the planners'
rty.
Mr. Marty Berg stated that he attends the Council meetings and has
found that the Council usually abides by the recommendations of the Planning
Board and that the Planning Board knows how everyone feels about the changes
On a show of hands there was one in favor and the rest against.
Chairman McIntosh stated that the Board would make their recommenda-
tions at their meeting of June 24th.
Mr. Astor announced after looking over the list of owners of the
vacant property on the Boulevard that only three out of 28 are residents of
Miami Shores.
Since there were no further comments on the zoning the Chairman
opened the floor to a discussion of the proposal to make cul de sacs out of
the streets abutting the Boulevard. Several of the residents were in favor of
this plan but it was pointed out that it would have to wait until the Boulevard
is six-laned.
The meeting adjourned at 8:40 p. m.
Approved:
•
As a resident of the Shores for 20 years, I am vigorously
opposed to any change in zoning.
This is a fine Home community and we desire to keep it that
way.
When you start rezoning a neighborhood, there's no end to
what happens. It is the beginning of the breakdown. It would depre-
ciate the value of our homes in all sections of the Shores, deface
the good appearance of this excellent Village, change the good char-
acter of this beautiful home community now held in high esteem and
many other reasons.
Here is what can happen if you zone Biscayne Boulevard to
4 unit apartments. The owner can go Court on a hardship case with the
claim that 4 units does not pay and they would be correct. He requires
8 units, 12 units or more to make it a decent investment and the Court
may grant his request. If you retain the present residential zoning
this cannot happen.
This Planning Board and the Council are concerned about law
suits for compulsory rezoning. Have no fear because such a suit did
occur some years ago. The Court and Supreme Court of Florida ruled in
our favor that residential zoning is proper and denied their request
for rezoning to apartments. Our Village Attorney can give you the de-
tails.
According to the Planning Board meetings and our door to
door canvas of home owners the response indicates 95% are opposed to
any zoning change.
You Gentlemen and the Council must recognize the overwhel-
ming majority of residents desire to keep the zoning as is and you
must respect the will of the people. Reject this obnoxious and dan-
gerous plan. We the people go on record strongly opposed to this re-
zoning. Previous Planning Boards and Councils have rejected such
zoning changes and we petition you also to reject it and keep Miami
Shores our pride and joy.
1173 N.E. 103rd Street
Miami Shores, Florida 33138
Respectfully,
Ray Nichols