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Home My WebLink AboutO-09606E r J-63-110 ORD INANC F NO. it iJ AN ORDINANCF AMENDING ORUINANCF T`10. 9500 (UPON REC0MIN(' HFFEC'T'IVF), T'HE ZONING ORDINANCE OF THl? CITY OF MIAMI, FLOTRIDA, BY APPLYING 'T'HE HC-2: R��SII)ENT IAI, FFIC'I HERITA(E CONSERVATION OVERLAY DISTRICT TO THE "DR. �%FLRSOW. AYAS H0uit 04OAK AVENUE, (MORE PARTICULARLY DESCRIBED HEREIN) ; MAYIN(I FINDINGS; ANO RY MAKING ALI, THE NECFSSARY CHANGES IN THE ZONIrG ATLAS MADE A PART OF SAID ORDINANCE N10. 9500, 13Y REFERENCE AND DESCRIPTION IN At?TICC,F 3, SECTION 300, THEREOF; PY REPEALING ALI, ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVEKABILI'i'Y CLAUSE. WHEREAS, the Miami r-lanning Advisory Roam at its meeting of. January 19, 1983, Item No. 13, following an advertised hearing, adopted Resolution No. PAB 14-83 by a 4 to 1 vote, PFCOMMENDING DENIAL of applyinq the HC-2: RESIDENTIAL OFFICE HERITAGE CONSERVATION OVERLAY DISTRICT to subject property, as hereinafter set forth; and iVIiEREAS, the City Commission, notwithstanding the PA8 action, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this application as hereinafter set forth; NOW, 'THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Ordinance No. 9500, adopted September 23, 1982, as amended, the Zoning Ordinance of the City of iviiami, Florida, is hereby amended by applying the HC-2: RESIDENTIAL OFFICE HERITAGE CONSERVATION OVERLAY DISTRICT to the "DR. EMERSON W. AYARS HOUSE," located at 3041 Oak Avenue, more :particularly described as the west 1/2 of Lot 7, all of Lot 8, and the west 75 feet of the south 1/2 of Lot 9 of Block 1 of the Plat of ALLAMANDA GARDENS, as recorded in Plat took 6 at Page 72, of the Public Records of Dade County, Florida; further, the City Commission finds that the subject property is associated in_a significant way with the life of a person important in the past 4 and emboli(-s appropriately distinguishing characteristics of an architecturalstyle, period, or method of consi.r_uct.ion to warrant the herein action; further., the 7oni.ng Atlas incorporated in said Ordinance, by reference and �Iescription in Article 3, Section 300, thereof, is hereby amendod to reflect the herein DISTRICT. Section 2. All ordinances, coa(, sections or parts thereof in conflict herewith are hereby repealed insofar as they are in conflict. Section 3. Should any part or provision of this ordi- nance be declared by a Court of competent j:zrisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole. PASSED ON FIilST READING By TITLE ONLY this 24t1, day of March , 1983. PASSED AND ADOPTED ON SECCOND AND FINAL READING BY TITLE ONLY this 28th , day of April ATTEST: i 4kALPH G. ONGIE City Clerk PREPARED AND APPROVED BY: � 0.� 'r ;..' � ca 0-0-EL E. MAXWELL sistant City Attorney , 1983. APPROVED AS TO FORM AND CORRECTNESS: 'OOC6 04ur, J10'SE0 R. GARCIA-PEDROSA ity Attorney wpc/pb/060/(2) Maurice A. Ferre MAUR.I.CE A. FERRE, Mayor t 1 t+✓ .. 2 40 2� Howard V. Gary City Manager Aurelio E. Perez-Lugones Director Planning and Zoning Boards Administration Department january 27, 1983 ORDINANCE AAENDMENT - RECOMMENDED DENIAL OF APPLICATION OF HC-2: RESIDENTIAL OFFICE HERITAGE COHSEWTII OVERLAY DISTRICT Addition to ZONING MA OF ORD, 9500 - DR. EMERSON AYARS HOUSE 3041 OAK AVENUE COMMISSION AGENDA - FEBRUARY 24, 1983 PLANPrI„G A,rD ZONING ITEMS "It is recommended that an Amendment to the Zoning hap of the Zoning Ndi - nance 9500 (effective Hay 1, 1983) to apply the HC-2: Residential Office Heritage Conservation Overlay District to Dr. Emerson W. Ayars House, 3041 Oak Avenue be denied." The Planning Advisory Board, at its meeting of January 19, 1983, Item 13, following an advertised hearing, adopted Resolution PAB 14-83, recommending denial of the above petition with a 4 to 1 vote on the above site as described in the designation report. Two objections received in the mail; one opponent present at the meeting. Four proponents present at the meeting. Backup information is included for your review. An ORDINANCE to provide for this Ordinance Amendment has been prepared by the City Attorney's Office and submitted for consideration of she City Commission. GF:111 cc: Law Department NOTE: Planning Department recommendation: APPROVAL ...., is i:: .i . .. v _. r .: .. ..,... •...:...� r-:. !. W_ PLANNING FACT SHEET APPLICANT: City of Miami Planning Department: December 15, 1982 PETITION: 13. Consideration of recommendations concerning amendn;ents to the Zoning hlap of the New Zoning Ordinance 9506, effective April 6, 1983, of the City of Miami, Florida, to apply the proposed HC-2: RESIDENTIAL OFFICE HERITAGE CWISFRVATION OVERLAY DISTRICT to the Dr. Emerson 1W. Ayars House, 3041 Oak Avenue, as described in the designation report. (This is a companion item to Item 112.) - REQUEST: To apply the proposed HC-2 overlay to this historic site, as described in the attached designation report. BACKGR0U,ID: This historic site designation was initiated at the request of the property owner. The Heritage Conservation ordinance was designed to provide incentives, such as those in HC-2, to encourage property owners to preserve historic buildings that would not otherwise be economically productive. ANALYSIS: On December 14, 19812, the newly established Heritage Conservation Board held a public hearing, and determined that the subject property meets the following criteria for historic site designation: 1. Is associated in a sienificant ti;ay with the life of a person important in the past. Dr. Emerson W. Ayars, one of Coconut Gr•ove's pioneer citizens and civic leaders, built this house on Oak Avenue in 1923 and occupied it until his death in 1946. S. Embodies those distinquishing characteristics of an architectural style, or period, or method of construction. The Dr. Emerson W. Ayars House is a fine example of vernacular style architecture in Dade County in the 1920's. The house is note;iorthy for its bungalow details, use of materials, and un- altered condition. The PAB need not reconsider the issue of historic designation criteria; however, it should consider 'the appropriateness of the proposed HC-2 zoning overlay as compared to any other "HC" regulations that could be created for the subject property. The Planning Department and the Heritage Conservaticn Board have reviewed the proposed development plan on a preliminary basis, and determined that construction of new office space should not be permitted at this location. The rear portion of the site could be developed for residential use in accord with the existing zoning. The Planning Department and the Heritage Conservation Board also support a waiver of on -site parking, provided that the required number of spaces are suitably developed on -street, adjacent to the property. RECOXIMENDAT I ON PLANNING DEPT.: Approval HERITAGE CO;JSERVATION BOARD: Approval Planning Advi sore Boal-d Denial , 4-1. , January 19, 1953. 410 0 DR. EME.'i-I'SON AYARS HOUSE 3041 OAK AVENUE w ........................................................... ............................................................ Z Mom OAK AVENUE M WE location site plan Boundary D scri )tion of tic ?onirin district: The west 1/2 of Lot 7, all of Lot 3, and the %•;est 75 feet of the south 1/2 of Lot 9 of Block 1 of the plat of ALL)V',I NPA rA'Drf�S, as recorded in Plat Book, 6 at Page 72, of the Public Records of Dade Count„ Florida. �. _ -`y.- .. .., , :�'.. .. :i•. ...f-v_ .oi•^.'ri.hr%=.• t�, r 9 lJ 0 6